Paul Taylor wrote an op-ed piece in today’s Roanoke Times entitled, “Healthy Living, Not Socialized Medicine.” Mr. Taylor’s article was in response to a previous article on the poor state of America’s current healthcare system and how we might look to France as a model for widespread health insurance coverage.
Mr. Taylor cited many statistics to support his apparent opinion that there is nothing wrong with America’s healthcare system. In sum, he asserts that many of the uninsured in America are illegal immigrants or are persons who can afford health insurance but chose not to purchase it. The only point of Mr. Taylor’s with which I agree is that many Americans are overweight and obese, which leads to many health problems.
I strongly disagree with Mr. Taylor. The technology and science behind medicine is at an all time high! However, the system is broken! I see tragic and preventable outcomes daily as a lawyer who represents the victims of medical negligence. In support of my point I will share a recent and personal encounter with our healthcare system. This past Monday, February 25, we suspected that an elderly family member was bleeding internally. She was in pain, disoriented, and weak, so we took her to the emergency room at Carilion Roanoke Memorial Hospital. She waited for almost 6 hours and was never seen by a physician! The ER waiting room had over 50 people waiting to be seen by a doctor – some even complaining of chest pains and shortness of breath which can be signs of serious cardiac problems. All of these people waited for hours and hours! Can anyone argue that the ER department was properly staffed that day?
Is this the healthcare system which Paul Taylor says is acceptable? By the way, do you think that Paul Taylor’s business interest (he sells health insurance) might color his opinions!
Thursday, February 28, 2008
TAKE THEM OUT!
We frequently hear from families that believe a nursing home has failed to provide care to their loved one.... and when I ask "why is your Mother still in that nursing home if you think they do not provide the care she needs," I am often told "it is so convenient to my house." Well, I understand the importance of convenience, but if a facility has failed to provide care, time and time again, please don't leave your loved one there.
Here is our unofficial advice on how to respond:
1. Call Virginia Department of Health and file a complaint on the nursing home: 1-800-955-1819. Often these inspections do lead to change in the facility.
2. Ask for a copy of Facility Policies and Procedures. This will provide a great deal of insight into who does what at the nursing home.
3. Do not simply voice your complaints, put them in writing - dated, and save a copy.
4. Then request a follow up meeting with staff to see how the "Care Plan" has been changed, and what actions are being done to prevent the problem again.
5. Ask for names of nurses - full names, and staff, that attend every meeting.
6. If you believe your loved one was abused, or neglected, and they are still living, call your County Dept. of Social Services, and ask to speak to Adult Protective Services. They can also begin an investigation.
7. Ask for a full copy of the Nursing Home Records... (they can charge you for this)
and LAST BUT NOT LEAST
8. Remove your loved one from the facility - and explain why, in writing. Even if you know the move is eminent, complete steps 1-7 (after-all, it may help make the facility a better place for the person who takes your empty bed)!
Here is our unofficial advice on how to respond:
1. Call Virginia Department of Health and file a complaint on the nursing home: 1-800-955-1819. Often these inspections do lead to change in the facility.
2. Ask for a copy of Facility Policies and Procedures. This will provide a great deal of insight into who does what at the nursing home.
3. Do not simply voice your complaints, put them in writing - dated, and save a copy.
4. Then request a follow up meeting with staff to see how the "Care Plan" has been changed, and what actions are being done to prevent the problem again.
5. Ask for names of nurses - full names, and staff, that attend every meeting.
6. If you believe your loved one was abused, or neglected, and they are still living, call your County Dept. of Social Services, and ask to speak to Adult Protective Services. They can also begin an investigation.
7. Ask for a full copy of the Nursing Home Records... (they can charge you for this)
and LAST BUT NOT LEAST
8. Remove your loved one from the facility - and explain why, in writing. Even if you know the move is eminent, complete steps 1-7 (after-all, it may help make the facility a better place for the person who takes your empty bed)!
Wednesday, February 27, 2008
WEST VIRGINIA DOCTOR IN TROUBLE….AGAIN!
Osteopathic physician, John A. King, who has dozens of medical malpractice lawsuits filed against him in West Virginia, now faces the loss of his medical license in Alabama.
The Alabama Board of Medicine has scheduled a May 28 hearing in its efforts to revoke the King’s medical license.
The Alabama board's formal complaint cites two medical malpractice cases involving King. Both cases contain allegations that King overdosed his patients with medication. King has already surrendered or had his license suspended in nine states: West Virginia, Florida, Georgia, Michigan, New Jersey, Ohio, Pennsylvania, Texas and Virginia.
Why has it taken so long for the medical community to act? How many patients have been injured or killed?
The Alabama Board of Medicine has scheduled a May 28 hearing in its efforts to revoke the King’s medical license.
The Alabama board's formal complaint cites two medical malpractice cases involving King. Both cases contain allegations that King overdosed his patients with medication. King has already surrendered or had his license suspended in nine states: West Virginia, Florida, Georgia, Michigan, New Jersey, Ohio, Pennsylvania, Texas and Virginia.
Why has it taken so long for the medical community to act? How many patients have been injured or killed?
Tuesday, February 26, 2008
MEDICAL ERRORS: LOCAL HEALTH INSURER, ANTHEM, TO STOP PAYING
We previously reported that later this year (October) Medicare will no longer pay for what it calls “never events” which occur in America’s hospitals. These errors or acts of medical malpractice are called “never events” because they are so costly and egregious they should never happen.
It how appears that the largest health insurer in western Virginia, Anthem Blue Cross and Blue Shield, has decided to join the effort and just announced it will no longer pay for the following medical mistakes:
1. Operating on the wrong body part.
2. Performing the wrong procedure on a patient.
3. Leaving medical supplies (needles, sponges, etc.) inside a patient.
4. Operating on the wrong patient.
Kudos to Anthem! But what do you think western Virginia’s largest hospital, Carilion Roanoke Memorial Hospital, reaction will be? My guess is that any “losses” incurred by Anthem’s refusal to pay hospital bills will be recouped by increased billing of the uninsured and those patients who have health insurance but the company has refused to negotiate with Carilion for volume discounts.
Face it Roanoke, Carilion became a medical giant because it knows how to make money…..lots of money!
It how appears that the largest health insurer in western Virginia, Anthem Blue Cross and Blue Shield, has decided to join the effort and just announced it will no longer pay for the following medical mistakes:
1. Operating on the wrong body part.
2. Performing the wrong procedure on a patient.
3. Leaving medical supplies (needles, sponges, etc.) inside a patient.
4. Operating on the wrong patient.
Kudos to Anthem! But what do you think western Virginia’s largest hospital, Carilion Roanoke Memorial Hospital, reaction will be? My guess is that any “losses” incurred by Anthem’s refusal to pay hospital bills will be recouped by increased billing of the uninsured and those patients who have health insurance but the company has refused to negotiate with Carilion for volume discounts.
Face it Roanoke, Carilion became a medical giant because it knows how to make money…..lots of money!
Sunday, February 24, 2008
INFLUENZA CAN BE DEADLY TO NURSING HOME RESIDENTS
Maybe you, your spouse or your children have suffered through a bout of the flu this season. It is not a lot of fun! The aches, chills, nausea, vomiting, and diarrhea. But for all of the terrible symptoms of this dreaded illness…it is rarely fatal to otherwise healthy Americans. However, the flu can be deadly to residents of nursing homes!
For example, of the six nursing home residents who died during a recent influenza outbreak at Woodland Park Rehabilitation Center in Salt Lake City, Utah, five died from the flu, according to the latest information provided by the Salt Lake Valley Health Department. In all, 35 residents, or 23 percent, and 22 staff, 14 percent, were sick during the outbreak!
If you have a family member living in a nursing home, make sure the nursing and medical staff are closely monitoring the residents for signs of the flu. If the symptoms are present, get prompt medical attention. If more than one or two residents are sick with flu symptoms at the same time, immediately consult a doctor with experience in infectious diseases and consider isolating those residents who are sick to prevent a facility-wide epidemic. You might just save your family member’s life!
For example, of the six nursing home residents who died during a recent influenza outbreak at Woodland Park Rehabilitation Center in Salt Lake City, Utah, five died from the flu, according to the latest information provided by the Salt Lake Valley Health Department. In all, 35 residents, or 23 percent, and 22 staff, 14 percent, were sick during the outbreak!
If you have a family member living in a nursing home, make sure the nursing and medical staff are closely monitoring the residents for signs of the flu. If the symptoms are present, get prompt medical attention. If more than one or two residents are sick with flu symptoms at the same time, immediately consult a doctor with experience in infectious diseases and consider isolating those residents who are sick to prevent a facility-wide epidemic. You might just save your family member’s life!
Thursday, February 21, 2008
HILARIOUS~
I found this website today - www.heart-soul-music.com
Check it out... Their mission:
"Our vision of a perfect world is that every nursing home would have one professional-quality live show every day and have appropriate recorded music available to the residents for the other 23 hours of the day. This is not a very expensive proposition compared to the daily cost of care and could significantly improve the lives of everyone associated with the facility: residents, family and staff. "
The website has ideas for songs, activities etc - to help residents feel involved, alive etc. I get the purpose, I do. The healing power of music is universally known - but, I am amazed at the thought, that "for-profit" nursing homes, that pay less than $3 a day for food per resident, or who would refuse to hire two more CNA's because they can't afford the $150 a day - would pay money, for this... and you know what. I bet they do. It's like landscaping. They all look nice on the outside.
Well, in the spirit of mission statements..
Our vision of a perfect world is that every nursing home would provide professional-quality care, not lie in their records, actually do what they say they are going to, hire more staff, and actually provide the time and care and attention our loved ones deserve.... this really "could significantly improve the lives of everyone associated with the facility: residents, family and staff."
Check it out... Their mission:
"Our vision of a perfect world is that every nursing home would have one professional-quality live show every day and have appropriate recorded music available to the residents for the other 23 hours of the day. This is not a very expensive proposition compared to the daily cost of care and could significantly improve the lives of everyone associated with the facility: residents, family and staff. "
The website has ideas for songs, activities etc - to help residents feel involved, alive etc. I get the purpose, I do. The healing power of music is universally known - but, I am amazed at the thought, that "for-profit" nursing homes, that pay less than $3 a day for food per resident, or who would refuse to hire two more CNA's because they can't afford the $150 a day - would pay money, for this... and you know what. I bet they do. It's like landscaping. They all look nice on the outside.
Well, in the spirit of mission statements..
Our vision of a perfect world is that every nursing home would provide professional-quality care, not lie in their records, actually do what they say they are going to, hire more staff, and actually provide the time and care and attention our loved ones deserve.... this really "could significantly improve the lives of everyone associated with the facility: residents, family and staff."
Wednesday, February 20, 2008
CARETAKER STEALS FROM 93 YR OLD BLIND WOMAN
February 20, 2008 - Breaking news out of Tampa Florida
Authorities: Caretaker stole nearly $500K from blind woman, 93
LUTZ -- A former caretaker has been arrested after stealing nearly $500,000 from a 93-year-old blind woman, authorities said.
Barbara J. Mulert, 61, worked as a caretaker for Lutz resident Kathryn Dahman, 93, from 2001 to 2007. During that time she liquidated a brokerage account, transferred the money to Dahman's checking account and used the money to pay her own bills, according to the Hillsborough County Sheriff's Office. The total amount stolen: $487,584.
A neighbor picked up Dahman's mail and saw suspicious purchase statements. Mulert, of 1426 Williams Road, Lutz, was arrested Tuesday on charges of grand theft, organized fraud and exploitation of the elderly. She is free from jail on $45,000 bail.
She may have other victims, according to the Sheriff's Office. Anyone who employed her as a caretaker in the past and lost money is asked to call (813) 247-8779.
--Thomas Lake, Times staff writer
THIS HAPPENS FREQUENTLY! Please don't let your friends or family be victimized!
Authorities: Caretaker stole nearly $500K from blind woman, 93
LUTZ -- A former caretaker has been arrested after stealing nearly $500,000 from a 93-year-old blind woman, authorities said.
Barbara J. Mulert, 61, worked as a caretaker for Lutz resident Kathryn Dahman, 93, from 2001 to 2007. During that time she liquidated a brokerage account, transferred the money to Dahman's checking account and used the money to pay her own bills, according to the Hillsborough County Sheriff's Office. The total amount stolen: $487,584.
A neighbor picked up Dahman's mail and saw suspicious purchase statements. Mulert, of 1426 Williams Road, Lutz, was arrested Tuesday on charges of grand theft, organized fraud and exploitation of the elderly. She is free from jail on $45,000 bail.
She may have other victims, according to the Sheriff's Office. Anyone who employed her as a caretaker in the past and lost money is asked to call (813) 247-8779.
--Thomas Lake, Times staff writer
THIS HAPPENS FREQUENTLY! Please don't let your friends or family be victimized!
Tuesday, February 19, 2008
INSPECTED THE WRONG FACILITY - WHAT
FDA Says It Approved The Wrong Drug Plant - Heparin Probe Sends Inspectors to China
(www.washingtonpost.com) By Marc Kaufman
"The Chinese facility that supplies the active ingredient of the widely used blood thinner heparin was never inspected by the Food and Drug Administration because the agency confused its name with another just like it, agency officials said yesterday.
The FDA said that a team of inspectors is headed now to China to inspect the plant as part of an effort to determine what may have caused a sudden spike in serious problems with the drug, which has been on the market since the 1930s.
More than 350 adverse reactions to the drug have been reported to the FDA since the end of 2007, including a dangerous lowering of blood pressure, breathing difficulties and vomiting. Four patients who took the drug died. One of its two manufacturers, Baxter International, stopped selling its multiple-dose vials of heparin earlier this month, and yesterday the FDA advised doctors to prescribe alternatives."
Joseph Famulare, deputy director for compliance at the FDA's center for drug evaluation and research, said yesterday in a conference call with reporters that when the company that makes the active ingredient for heparin applied for FDA approval, the FDA thought the application had come from a different company with a similar name that had already been inspected.
"To date this is an isolated situation, but the wrong firm was put into the database," he said. Famulare declined to name the Chinese company approved by mistake.
FDA officials said that although federal law does not require inspections of foreign drugmakers, the agency will in most instances inspect before a new foreign drug, or foreign active drug ingredient, is allowed in an FDA-approved prescription medication. That inspection need not include an on-site visit if the foreign company has passed previous inspections for other drugs.
The Government Accountability Office and some members of Congress have concluded that the FDA lacks the resources to inspect thousands of imported drugs and drug ingredients, particularly those coming from India and China."
YOU THINK? We have been talking about medication problems for weeks...
This one is just getting worse!
(www.washingtonpost.com) By Marc Kaufman
"The Chinese facility that supplies the active ingredient of the widely used blood thinner heparin was never inspected by the Food and Drug Administration because the agency confused its name with another just like it, agency officials said yesterday.
The FDA said that a team of inspectors is headed now to China to inspect the plant as part of an effort to determine what may have caused a sudden spike in serious problems with the drug, which has been on the market since the 1930s.
More than 350 adverse reactions to the drug have been reported to the FDA since the end of 2007, including a dangerous lowering of blood pressure, breathing difficulties and vomiting. Four patients who took the drug died. One of its two manufacturers, Baxter International, stopped selling its multiple-dose vials of heparin earlier this month, and yesterday the FDA advised doctors to prescribe alternatives."
Joseph Famulare, deputy director for compliance at the FDA's center for drug evaluation and research, said yesterday in a conference call with reporters that when the company that makes the active ingredient for heparin applied for FDA approval, the FDA thought the application had come from a different company with a similar name that had already been inspected.
"To date this is an isolated situation, but the wrong firm was put into the database," he said. Famulare declined to name the Chinese company approved by mistake.
FDA officials said that although federal law does not require inspections of foreign drugmakers, the agency will in most instances inspect before a new foreign drug, or foreign active drug ingredient, is allowed in an FDA-approved prescription medication. That inspection need not include an on-site visit if the foreign company has passed previous inspections for other drugs.
The Government Accountability Office and some members of Congress have concluded that the FDA lacks the resources to inspect thousands of imported drugs and drug ingredients, particularly those coming from India and China."
YOU THINK? We have been talking about medication problems for weeks...
This one is just getting worse!
MEDICARE WILL NO LONGER PAY FOR HOSPITAL ERRORS
Our local paper, The Roanoke Times, reported today that Medicare will no longer pay hospitals when preventable medical mistakes injure a patient. After October 1, 2008, Medicare will no longer pay hospital bills which arise from:
1. Urinary tract infections from catheters
2. Bloodstream infections from using catheters
3. Injuries from falls
4. Bed sores, pressure sores, or decubitus ulcers
5. Objects left inside a patient during surgery
6. Blood incompatibility – giving a patient the wrong blood type
7. An infection after heart surgery called mediastinitis
8. Complications from an air embolism – an air bubble in a blood vessel
It will be interesting to see if the quality of care improves at the following hospitals in western Virginia: Carilion Roanoke Memorial Hospital, Memorial Hospital of Martinsville and Henry County, Danville Regional Medical Center, Stonewall Jackson Hospital, Carilion New River Valley Hospital, Montgomery Regional Hospital, Wellmont Bristol Regional Hospital, Carilion Giles Memorial Hospital, Alleghany Regional Hospital, Carilion Franklin Memorial Hospital, Tazewell Community Hospital, and Lewis-Gale Medical Center.
1. Urinary tract infections from catheters
2. Bloodstream infections from using catheters
3. Injuries from falls
4. Bed sores, pressure sores, or decubitus ulcers
5. Objects left inside a patient during surgery
6. Blood incompatibility – giving a patient the wrong blood type
7. An infection after heart surgery called mediastinitis
8. Complications from an air embolism – an air bubble in a blood vessel
It will be interesting to see if the quality of care improves at the following hospitals in western Virginia: Carilion Roanoke Memorial Hospital, Memorial Hospital of Martinsville and Henry County, Danville Regional Medical Center, Stonewall Jackson Hospital, Carilion New River Valley Hospital, Montgomery Regional Hospital, Wellmont Bristol Regional Hospital, Carilion Giles Memorial Hospital, Alleghany Regional Hospital, Carilion Franklin Memorial Hospital, Tazewell Community Hospital, and Lewis-Gale Medical Center.
Monday, February 18, 2008
FOUR RESIDENTS IN MASSACHUSETTS NURSING HOME DIE FROM INFECTION
Four recent deaths at Our Island Home nursing home in Nantucket, Massachusetts are being blamed on a respiratory virus typically found at day care centers. The patients ranged in age from 71 to 96 and all died over the span of one week. Officials at the nursing home say the virus is the most common cause of pneumonia among infants and children.
Why are nursing homes so poorly prepared to recognize and treat dangerous infections within their resident population? We see undiagnosed and untreated urinary tract infections, skin infections, MRSA (Methicillin-resistant Staphylococcus Aureus, a type of super-bug that is resistant to certain antibiotics), and the list goes on and on.
If your father, mother, wife or husband gets sick in a nursing home make sure they see a doctor immediately. If the Medical Director of the facility will not see them, demand that your family member be taken to the family doctor or the local hospital emergency room for evaluation.
Don’t wait until it’s too late!
Why are nursing homes so poorly prepared to recognize and treat dangerous infections within their resident population? We see undiagnosed and untreated urinary tract infections, skin infections, MRSA (Methicillin-resistant Staphylococcus Aureus, a type of super-bug that is resistant to certain antibiotics), and the list goes on and on.
If your father, mother, wife or husband gets sick in a nursing home make sure they see a doctor immediately. If the Medical Director of the facility will not see them, demand that your family member be taken to the family doctor or the local hospital emergency room for evaluation.
Don’t wait until it’s too late!
Friday, February 15, 2008
FDA: BOUGHT AND PAID FOR BY BIG PHARMA!
It never ceases to amaze me! The FDA just does a lousy job protecting Americans from the pharmaceutical industry…also known as “Big Pharma.”
The FDA has proposed a rule to get around a law passed by Congress that helps hold negligent drug companies accountable for injuries to consumers caused by prescription drugs. Congress passed the Food and Drug Administration Amendments Act (FDAAA) recently which holds drug companies responsible for promptly updating drug labels when they become aware of new safety information. Seems like common sense to me.
Well…. the new rule being proposed by the FDA will relax labeling requirements so that drug companies can use it to claim immunity for failures to warn patients and consumers of drug hazards. If the drug companies are not held accountable for failure to warn, unnecessarily injured consumers will not be able to win compensation from them and the burden will be transmitted to taxpayers.
Is the FDA in the pocket of Big Pharma? Write your Congressional representative today and urge them to investigate the FDA's attempt to bypass Congress's authority to protect your health and wellbeing.
The FDA has proposed a rule to get around a law passed by Congress that helps hold negligent drug companies accountable for injuries to consumers caused by prescription drugs. Congress passed the Food and Drug Administration Amendments Act (FDAAA) recently which holds drug companies responsible for promptly updating drug labels when they become aware of new safety information. Seems like common sense to me.
Well…. the new rule being proposed by the FDA will relax labeling requirements so that drug companies can use it to claim immunity for failures to warn patients and consumers of drug hazards. If the drug companies are not held accountable for failure to warn, unnecessarily injured consumers will not be able to win compensation from them and the burden will be transmitted to taxpayers.
Is the FDA in the pocket of Big Pharma? Write your Congressional representative today and urge them to investigate the FDA's attempt to bypass Congress's authority to protect your health and wellbeing.
Wednesday, February 13, 2008
THINKING ABOUT BOTOX INJECTIONS? BETTER THINK TWICE!
Yes, we are all vain…we all want to look young and vigorous! Medical professionals perform all kinds of procedures and surgeries to make us look younger…including face lifts, tummy tucks, body contouring, liposuction, collagen, and on and on.
Botox injections are popular as well. These injections are marketed as a simple, non-surgical, physician-administered treatment which can temporarily smooth moderate to severe frown lines between the brows in people from 18 to 65 years of age. But they don’t tell you these injections can also cause serious, even life-threatening, problems!
Botox, and a similar injection (Myobloc), should come with strong warnings following reports of 16 deaths and other serious problems after the botulinum toxin spread inside the body, according to Public Citizen, a U.S. consumer group. Public Citizen reviewed 180 reports submitted to the Food and Drug Administration (FDA) by manufacturers involving patients injected with Botox or Myobloc. The reports detailed cases of muscle weakness, difficulty swallowing or aspiration pneumonia, a serious condition caused by breathing a foreign material into the lungs.
Sixteen of the cases reported were fatal, including four involving children under 18. Dr. Sidney Wolfe, director of Public Citizen's Health Research Group, said such problems can occur if botulinum toxin spreads from the injection site to the esophagus, causing partial paralysis.
Botox injections are popular as well. These injections are marketed as a simple, non-surgical, physician-administered treatment which can temporarily smooth moderate to severe frown lines between the brows in people from 18 to 65 years of age. But they don’t tell you these injections can also cause serious, even life-threatening, problems!
Botox, and a similar injection (Myobloc), should come with strong warnings following reports of 16 deaths and other serious problems after the botulinum toxin spread inside the body, according to Public Citizen, a U.S. consumer group. Public Citizen reviewed 180 reports submitted to the Food and Drug Administration (FDA) by manufacturers involving patients injected with Botox or Myobloc. The reports detailed cases of muscle weakness, difficulty swallowing or aspiration pneumonia, a serious condition caused by breathing a foreign material into the lungs.
Sixteen of the cases reported were fatal, including four involving children under 18. Dr. Sidney Wolfe, director of Public Citizen's Health Research Group, said such problems can occur if botulinum toxin spreads from the injection site to the esophagus, causing partial paralysis.
NURSING HOME INVESTIGATIONS
We see this all the time...
Jury says facility is negligent, and the Department of Health says the facility did nothing wrong. No really, the self-policing arm of Virginia's long term care system is often asked to review records, perform inspections, and report to the public as to care provided in facilities. Sometimes they get it right, but not always.
As the Des Moines Register reports, U.S. Sen. Charles Grassley is calling for a federal investigation into the way Iowa and other states respond to complaints of poor nursing home care.
Grassley is now asking the Government Accountability Office, which is the investigative arm of Congress, to examine the nation's state-run nursing home inspection agencies and the manner in which they respond to complaints.He is also asking the Centers for Medicaid and Medicare Services to give him four years' worth of investigative reports dealing with state inspections in Midwestern states such as Iowa and Nebraska.
Way to go Senator, we wish you the best of luck with your investigation.
Jury says facility is negligent, and the Department of Health says the facility did nothing wrong. No really, the self-policing arm of Virginia's long term care system is often asked to review records, perform inspections, and report to the public as to care provided in facilities. Sometimes they get it right, but not always.
As the Des Moines Register reports, U.S. Sen. Charles Grassley is calling for a federal investigation into the way Iowa and other states respond to complaints of poor nursing home care.
Grassley is now asking the Government Accountability Office, which is the investigative arm of Congress, to examine the nation's state-run nursing home inspection agencies and the manner in which they respond to complaints.He is also asking the Centers for Medicaid and Medicare Services to give him four years' worth of investigative reports dealing with state inspections in Midwestern states such as Iowa and Nebraska.
Way to go Senator, we wish you the best of luck with your investigation.
WORST NURSING HOMES IN AMERICA
Breaking news -
After initially resisting their disclosure, the Bush administration on Tuesday published the names of 131 nursing homes with poor inspection records and said some were already showing signs of improvement.
Want to see the full list?
http://www.cms.hhs.gov/CertificationandComplianc/Downloads/SFFList.pdf
Sadly - people know these facilies provide sub-standard care, but residents remain - payments are required etc.
I get calls all the time where kind trusting people say, "shouldn't there be a law that a negligent nursing home has to pay my father's hospital bills related to their negligence?" My responses - yes, morally I think they should... but the only way to get that type of repayment, is to file a lawsuit. Even now, a list of the worst nursing homes, and little is being done outside of the trial courts. Why don't we make this easier on families?
After initially resisting their disclosure, the Bush administration on Tuesday published the names of 131 nursing homes with poor inspection records and said some were already showing signs of improvement.
Want to see the full list?
http://www.cms.hhs.gov/CertificationandComplianc/Downloads/SFFList.pdf
Sadly - people know these facilies provide sub-standard care, but residents remain - payments are required etc.
I get calls all the time where kind trusting people say, "shouldn't there be a law that a negligent nursing home has to pay my father's hospital bills related to their negligence?" My responses - yes, morally I think they should... but the only way to get that type of repayment, is to file a lawsuit. Even now, a list of the worst nursing homes, and little is being done outside of the trial courts. Why don't we make this easier on families?
Tuesday, February 12, 2008
BLOOD THINNER MAKER HALTS PRODUCTION
Heparin can be scary stuff....
Today's Wall Street Journal reports that the maker of Heparin, Baxter International Inc., has temporarily stopped productions. This is the company's response to 350 possible reactions to the drug which has caused death, kindey failure etc.. (or so they say).
Heparin is most often used in cardiac and orthopedic sugeries, post op - to prevent blood clots. We see it used frequently to prevent blood clots that are forming as well. It is injected, typically, and can cause a rare but potential reaction called heparin induced thrombocytopenia.
Interestingly, the company has halted production, but has not recalled products from the shelves. Ask your doctor if a low-molecular weight medication might be used instead...
Today's Wall Street Journal reports that the maker of Heparin, Baxter International Inc., has temporarily stopped productions. This is the company's response to 350 possible reactions to the drug which has caused death, kindey failure etc.. (or so they say).
Heparin is most often used in cardiac and orthopedic sugeries, post op - to prevent blood clots. We see it used frequently to prevent blood clots that are forming as well. It is injected, typically, and can cause a rare but potential reaction called heparin induced thrombocytopenia.
Interestingly, the company has halted production, but has not recalled products from the shelves. Ask your doctor if a low-molecular weight medication might be used instead...
FRITH LAW FIRM Tuesday Feb. 12, 2008
I am hoping our office will get power back - and the phones and email will be back online today... but our local power company is not as hopeful. If you are trying to reach our office, please try again this afternoon or tomorrow - sadly, we do not have access to email or phone messages until power is restored. We are very sorry for the inconvenience.
Monday, February 11, 2008
BIG PHARMA AND TV ADS
The Roanoke Times ran an excellent editorial on Sunday, February 10. The editorial entitled, “Pull the Plug on TV Drug Ads,” was a rational and detailed analysis as to why the American Pharmaceutical Industry should not be allowed to market their drugs on television without strict oversight.
The editorial focused on the cholesterol lowering drug, Lipitor, but could have focused on any number of medications. In the case of Lipitor, the editorial noted the television ads feature Dr. Robert Jarvik, the celebrated inventor of artificial hearts, endorsing the benefits of this wonder drug. One scene in the ad shows a vigorous 61 year old rowing…but unbeknownst to the viewer the rower is not Dr. Jarvik but a stunt double. If that is not misleading…how about the fact that Dr. Jarvik isn’t (and probably never was) a practicing physician! He is a research physician…not a treating physician.
I don’t know who is going to police misleading advertising by Big Pharma. I don’t think it will be the FDA since they are under-staffed and under-funded and problems with this federal agency’s lack of oversight are too many to mention here. I doubt Congress is going to stop misleading ads by Big Pharma – as the pharmaceutical industry gives big money to re-election campaigns. What about the Federal Communications Commission (FCC)?
Who will step up to the plate and regulate Big Pharma?
The editorial focused on the cholesterol lowering drug, Lipitor, but could have focused on any number of medications. In the case of Lipitor, the editorial noted the television ads feature Dr. Robert Jarvik, the celebrated inventor of artificial hearts, endorsing the benefits of this wonder drug. One scene in the ad shows a vigorous 61 year old rowing…but unbeknownst to the viewer the rower is not Dr. Jarvik but a stunt double. If that is not misleading…how about the fact that Dr. Jarvik isn’t (and probably never was) a practicing physician! He is a research physician…not a treating physician.
I don’t know who is going to police misleading advertising by Big Pharma. I don’t think it will be the FDA since they are under-staffed and under-funded and problems with this federal agency’s lack of oversight are too many to mention here. I doubt Congress is going to stop misleading ads by Big Pharma – as the pharmaceutical industry gives big money to re-election campaigns. What about the Federal Communications Commission (FCC)?
Who will step up to the plate and regulate Big Pharma?
Friday, February 08, 2008
SOME THINGS NEVER CHANGE
I ran across this December 2007 NC Blog Post, and was disappointed, but not surprised:
http://www.northcarolinainjurylawyerblog.com/2007/12/north_carolina_care_operator_s.html
"Ron Burrell, the North Carolina care operator who has been ordered to pay some $5 million to two families whose loved ones died because of negligence at two of his facilities, still owns and operates the Alzheimer’s Related Care facility in Jacksonville, North Carolina. "
"The Alzheimer’s Related Care facility specializes in taking care of patients with dementia. The state of North Carolina, however, temporarily suspended admissions to the facility because of violations. The suspension followed a complaint by one of the residents that she had been raped and did not receive a medical exam until 68 days after the attack. Police were not notified that a sexual assault had occurred.
Burrell used to run some two dozen disabled and elder care facilities. A number of these homes been cited for numerous violations while under his supervision:
http://www.northcarolinainjurylawyerblog.com/2007/12/north_carolina_care_operator_s.html
"Ron Burrell, the North Carolina care operator who has been ordered to pay some $5 million to two families whose loved ones died because of negligence at two of his facilities, still owns and operates the Alzheimer’s Related Care facility in Jacksonville, North Carolina. "
"The Alzheimer’s Related Care facility specializes in taking care of patients with dementia. The state of North Carolina, however, temporarily suspended admissions to the facility because of violations. The suspension followed a complaint by one of the residents that she had been raped and did not receive a medical exam until 68 days after the attack. Police were not notified that a sexual assault had occurred.
Burrell used to run some two dozen disabled and elder care facilities. A number of these homes been cited for numerous violations while under his supervision:
- In 2003, a Meadows of Aberdeene resident died after going out drinking with another care facility patient. The patient stabbed him to death.
- A Rowan County home patient died in 2001 after not receiving the proper medication dosage.
- On November 7, a wrongful death verdict was issued that ordered Burrell to pay the family of 53-year-old Troy Stephens $836,075. Stevens, who was mentally challenged, wandered away from the Meadows of Garner home where he lived and drowned in a pond. Stevens’ family had warned the assisted-living staff that he had a tendency to wander.
GRAND JURY PROBES MERCK’S MARKETING OF VIOXX
We have all heard about that wonderful drug, Vioxx, a miracle drug which effectively controlled pain allowing for a normal and full life. However, we soon learned that the drug also caused heart attacks and strokes….information kept from the consuming public.
The latest news is that Merck & Co., the drug’s manufacturer, has become the subject of a federal grand-jury probe into its sales and marketing practices for Vioxx, the painkiller it pulled from the market in 2004. The health-care-fraud unit of the U.S. Attorney's Office for the District of Massachusetts is investigating whether Merck promoted Vioxx to health-care professionals for uses other than those approved by government regulators, a practice known as off-label marketing.
Merck, one of the largest pharmaceutical manufacturers in the world, has so far declined to comment on the report of the investigation.
The latest news is that Merck & Co., the drug’s manufacturer, has become the subject of a federal grand-jury probe into its sales and marketing practices for Vioxx, the painkiller it pulled from the market in 2004. The health-care-fraud unit of the U.S. Attorney's Office for the District of Massachusetts is investigating whether Merck promoted Vioxx to health-care professionals for uses other than those approved by government regulators, a practice known as off-label marketing.
Merck, one of the largest pharmaceutical manufacturers in the world, has so far declined to comment on the report of the investigation.
Thursday, February 07, 2008
CONGRESS INVESTIGATES DRUG ADS
Congressional Inquiry Focuses on Drug Ads
Advertisements for the cholesterol drug Lipitor, which feature artificial heart pioneer Dr. Robert Jarvik, are drawing congressional scrutiny. The House Committee on Energy in Commerce wants to know how Dr. Jarvik became involved in ads for Lipitor and whether his involvement may be misleading to consumers. Lipitor, produced by Pfizer, tallied $12.7 billion in sales last year. Stephanie Saul, The New York Times 02/07/2008
Read Article: The New York Times
Advertisements for the cholesterol drug Lipitor, which feature artificial heart pioneer Dr. Robert Jarvik, are drawing congressional scrutiny. The House Committee on Energy in Commerce wants to know how Dr. Jarvik became involved in ads for Lipitor and whether his involvement may be misleading to consumers. Lipitor, produced by Pfizer, tallied $12.7 billion in sales last year. Stephanie Saul, The New York Times 02/07/2008
Read Article: The New York Times
Over 4,000 Bad Nursing Homes Identified
The federal Center for Medicare and Medicaid Services (CMS) has just released a list of over 4,000 U.S. nursing homes which are providing substandard care as it relates to pressure sores/decubitus ulcers and the over-use of physical restraints.
I live in Virginia and many of our nursing homes are on the list, including nursing homes located in Roanoke, Danville, Martinsville, Lynchburg, Clifton Forge, Marion, Wytheville, Staunton, Hillsville and the list goes on and on and on....
To seem more about the list and whether you may have a family member living in one of these facilities check out our Injury Board Blog.
I live in Virginia and many of our nursing homes are on the list, including nursing homes located in Roanoke, Danville, Martinsville, Lynchburg, Clifton Forge, Marion, Wytheville, Staunton, Hillsville and the list goes on and on and on....
To seem more about the list and whether you may have a family member living in one of these facilities check out our Injury Board Blog.
Charlottesville Conference on Geriatric Care
We are using today's blog to announce an excellent conference, open to all, on medical care issues and the elderly. The conference will be held in Charlottesville, Virginia on February 26 and 27. The official announcement follows:
First Annual Conference on Geriatric Care
Jointly Sponsored by the University of Virginia, VCU Center on Aging, UVA Institute on Aging,
Community Partnership for Improved Long Term Care, Virginia Alzheimer’s Association, JABA
Sharing the Challenge: Tools for Successful Caregiving
All professional caregivers including licensed staff, nursing assistants and management in acute, community and long-term care settings are WELCOME!
Tuesday February 26, 2008 &
Wednesday, February 27, 2008
8 a.m. – 4 p.m. both days
Doubletree Hotel
Charlottesville, VA
Cost: $50.00 per day, $90.00 for two days, including meals.
Topics will include: Caregiver Stress Management, Dementia and Understanding Behaviors, Elder Mistreatment, End of Life Care, Infection Control, Nutrition in Diet, Pain management, Pressure Ulcer Prevention, Safety, Team Communication, Transitions in Care, Working with Families and more!
For registration: On-line at www.cmevillage.com and click “Live Conferences” or call Emily Hopkins at (434) 243-4849.
First Annual Conference on Geriatric Care
Jointly Sponsored by the University of Virginia, VCU Center on Aging, UVA Institute on Aging,
Community Partnership for Improved Long Term Care, Virginia Alzheimer’s Association, JABA
Sharing the Challenge: Tools for Successful Caregiving
All professional caregivers including licensed staff, nursing assistants and management in acute, community and long-term care settings are WELCOME!
Tuesday February 26, 2008 &
Wednesday, February 27, 2008
8 a.m. – 4 p.m. both days
Doubletree Hotel
Charlottesville, VA
Cost: $50.00 per day, $90.00 for two days, including meals.
Topics will include: Caregiver Stress Management, Dementia and Understanding Behaviors, Elder Mistreatment, End of Life Care, Infection Control, Nutrition in Diet, Pain management, Pressure Ulcer Prevention, Safety, Team Communication, Transitions in Care, Working with Families and more!
For registration: On-line at www.cmevillage.com and click “Live Conferences” or call Emily Hopkins at (434) 243-4849.
Tuesday, February 05, 2008
EVEN FAMOUS PEOPLE CAN GET BAD MEDICAL CARE:
"A civil trial into whether doctors erred in diagnosing a heart abnormality that led to the death of actor John Ritter is set to begin this week in Los Angeles. Ritter's family contends that the actor would have survived if doctors had properly treated him for the abnormality rather than treating him for a heart attack. The family’s lawsuit seeks $67 million based on potential future earnings."
SADLY, EVEN VETERANS DON'T GET THE CARE THEY DESERVE!
Veterans Not Entitled to All Medical Services, Government Argues
Attorneys at the Department of Justice argued last week that soldiers returning from Iraq and Afghanistan are not legally entitled to certain types of medical care. The government's contention stems from a potential class action lawsuit that accuses the Department of Veteran’s Affairs of denying or delaying treatment for veterans and failing to provide a fair system to appeal denied claims. A federal judge has previously denied the government's request to dismiss the case. Bob Egelko, San Francisco Chronicle 02/05/2008
Read Article: San Francisco Chronicle
"A civil trial into whether doctors erred in diagnosing a heart abnormality that led to the death of actor John Ritter is set to begin this week in Los Angeles. Ritter's family contends that the actor would have survived if doctors had properly treated him for the abnormality rather than treating him for a heart attack. The family’s lawsuit seeks $67 million based on potential future earnings."
SADLY, EVEN VETERANS DON'T GET THE CARE THEY DESERVE!
Veterans Not Entitled to All Medical Services, Government Argues
Attorneys at the Department of Justice argued last week that soldiers returning from Iraq and Afghanistan are not legally entitled to certain types of medical care. The government's contention stems from a potential class action lawsuit that accuses the Department of Veteran’s Affairs of denying or delaying treatment for veterans and failing to provide a fair system to appeal denied claims. A federal judge has previously denied the government's request to dismiss the case. Bob Egelko, San Francisco Chronicle 02/05/2008
Read Article: San Francisco Chronicle
NOROVIRUS OUTBREAK IN ROANOKE NURSING HOME
Friendship Retirement Community in Roanoke, Virginia is currently dealing with 13 cases of the norovirus illness and 89 of their residents have contracted this highly contagious stomach bug since mid December of 2007.
My law firm handled several infectious disease cases against this nursing home and each case revealed a lack of knowledge by the facility and its employees on how to recognize, treat, and prevent the spread of contagious infections in a population of residents who are highly susceptible to the infection. An otherwise healthy adult will not suffer a lengthy illness from the norovirus but an elderly nursing home resident with other health considerations is at high risk for dehydration and other complications.
It appears Friendship Retirement Community (also known as Friendship Manor) is taking this most recent outbreak of norovirus seriously. Candy Elliot, an employee of Friendship Retirement Community, acknowledged to WSLS TV in Roanoke that the facility has been working with the Health Department to prevent the spread of the illness. One part of the prevention plan has been to separate sick patients from those who are well. They also have temporarily stopped group activities and have discouraged outside visitors.
If you have a loved on living at Friendship Retirement Community you had better check on them frequently!
My law firm handled several infectious disease cases against this nursing home and each case revealed a lack of knowledge by the facility and its employees on how to recognize, treat, and prevent the spread of contagious infections in a population of residents who are highly susceptible to the infection. An otherwise healthy adult will not suffer a lengthy illness from the norovirus but an elderly nursing home resident with other health considerations is at high risk for dehydration and other complications.
It appears Friendship Retirement Community (also known as Friendship Manor) is taking this most recent outbreak of norovirus seriously. Candy Elliot, an employee of Friendship Retirement Community, acknowledged to WSLS TV in Roanoke that the facility has been working with the Health Department to prevent the spread of the illness. One part of the prevention plan has been to separate sick patients from those who are well. They also have temporarily stopped group activities and have discouraged outside visitors.
If you have a loved on living at Friendship Retirement Community you had better check on them frequently!
WAR ON DRUGS
Yes Nancy, I know that is your phrase... but I think it can be applied to pharmaceuticals as well.
Merck loses a patent for Fosomax today - which means now the generic can be made. Is that good for the average 45 year old woman concerned about bone density? Not sure.
Full page ad in the Wall Street Journal yesterday featured a plug for natural hormones, previously denied by the FDA. Is the FDA the gold seal standard for medications? It seems even approved meds are recalled often.
Millions of Americans I prescribed medications that may not need - on a recent trip to the doctor, I was given an antibiotic prescription but told "you don't need it - so don't take it." Well why did I get it then? I imagine the doctor was used to people asking for medication. That is what pharmaceutical marketing has done - created a class of patients who tell the doctor what they need.
SCARY stuff folks... and the consequences are real - overdose / medication mixing - we see it often. Please be careful.
Merck loses a patent for Fosomax today - which means now the generic can be made. Is that good for the average 45 year old woman concerned about bone density? Not sure.
Full page ad in the Wall Street Journal yesterday featured a plug for natural hormones, previously denied by the FDA. Is the FDA the gold seal standard for medications? It seems even approved meds are recalled often.
Millions of Americans I prescribed medications that may not need - on a recent trip to the doctor, I was given an antibiotic prescription but told "you don't need it - so don't take it." Well why did I get it then? I imagine the doctor was used to people asking for medication. That is what pharmaceutical marketing has done - created a class of patients who tell the doctor what they need.
SCARY stuff folks... and the consequences are real - overdose / medication mixing - we see it often. Please be careful.
Monday, February 04, 2008
NURSING HOME CONTRACTS - WE WARNED YOU!
Nursing homes will say to us "we didn't have to provide that kind of care for Mrs. Smith - look at the contract she signed," or "you can't sue us - look where you agreed to arbitration."
Well we have done a great deal to expose the dangers of nursing home contracts - now, we are not alone. The National Senior Citizens Law Center did some research of their own and found
" some admission agreements skirt state and federal laws, misleading consumers about the care they can expect and inducing them to sign away critical consumer protections."
Although industry officials criticized the study’s findings, advocates for the elderly said it raised serious questions about how some nursing homes operate.
“People are signing these agreements in a crisis situation, assuming they are legal, and then when there is a problem down the line, they are being told they agreed to this,” said Andrea Routh, a former director of the Missouri Division of Aging and now a health-care consultant.
The National Senior Citizens Law Center, a Washington-based nonprofit legal advocacy group for seniors and elder-care lawyers, reviewed 175 admission agreements voluntarily provided by nursing homes. The study found agreements which improperly limited a nursing home’s obligations. Others allowed discharges for vague reasons, or stuck relatives with bills they legally didn’t owe.
Eric Carlson, the study’s author, said that some of the agreements conflict with the federal Nursing Home Reform Law and state laws. The federal law requires nursing homes to provide care that helps residents reach the “highest practicable” level of functioning.
But Carlson said some agreements instead seek to get seniors or their families to lower their expectations of care and assume more of the risks of injury, such as falling or choking.
The study was requested by the Missouri long-term care ombudsman’s office.
The Missouri study found that nursing homes sometimes protect themselves by persuading seniors to waive legal remedies. In 18 percent of the agreements, seniors were required to submit a dispute to arbitration, rather than sue in court.
Well we have done a great deal to expose the dangers of nursing home contracts - now, we are not alone. The National Senior Citizens Law Center did some research of their own and found
" some admission agreements skirt state and federal laws, misleading consumers about the care they can expect and inducing them to sign away critical consumer protections."
Although industry officials criticized the study’s findings, advocates for the elderly said it raised serious questions about how some nursing homes operate.
“People are signing these agreements in a crisis situation, assuming they are legal, and then when there is a problem down the line, they are being told they agreed to this,” said Andrea Routh, a former director of the Missouri Division of Aging and now a health-care consultant.
The National Senior Citizens Law Center, a Washington-based nonprofit legal advocacy group for seniors and elder-care lawyers, reviewed 175 admission agreements voluntarily provided by nursing homes. The study found agreements which improperly limited a nursing home’s obligations. Others allowed discharges for vague reasons, or stuck relatives with bills they legally didn’t owe.
Eric Carlson, the study’s author, said that some of the agreements conflict with the federal Nursing Home Reform Law and state laws. The federal law requires nursing homes to provide care that helps residents reach the “highest practicable” level of functioning.
But Carlson said some agreements instead seek to get seniors or their families to lower their expectations of care and assume more of the risks of injury, such as falling or choking.
The study was requested by the Missouri long-term care ombudsman’s office.
The Missouri study found that nursing homes sometimes protect themselves by persuading seniors to waive legal remedies. In 18 percent of the agreements, seniors were required to submit a dispute to arbitration, rather than sue in court.
NURSING HOME COMPLAINTS RISE 22%
The number of nursing homes in the U.S. that were cited for placing residents in “immediate jeopardy” rose 22% from 2000 to 2006, according to a study by USA Today. The newspaper, in an analysis of data from the U.S. Centers for Medicare & Medicaid Services, said inspectors in 2006 identified nearly 2,000 violations that jeopardized residents in about 850 of the nation's 16,000 nursing homes.
Sad to say but abuse and neglect are on the rise!
Sad to say but abuse and neglect are on the rise!
Sunday, February 03, 2008
OHIO NURSING HOME RAPE CHARGE GOES TO GRAND JURY
Rape is a terrible crime under any circumstances but when an elderly nursing home resident is the victim…it is even worse! How can one human being be so evil as to take sexual advantage of an elderly and infirm person? It is the worst type of elder abuse!
Well, this very crime is alleged to have happened in the Concord Care and Rehabilitation Center in Erie, Ohio. John R. Riems (49) a nurse at the facility was arrested on felony charges of rape and gross sexual imposition. Although police said Riems confessed he'd sexually abused more than 100 patients during his 22-year career as a nurse, he had nothing to say at his preliminary hearing.
I believe in the constitutional presumption of innocence…but if Riems is found guilty he deserves the worst imaginable punishment!
Watch his video taped hearing.
Well, this very crime is alleged to have happened in the Concord Care and Rehabilitation Center in Erie, Ohio. John R. Riems (49) a nurse at the facility was arrested on felony charges of rape and gross sexual imposition. Although police said Riems confessed he'd sexually abused more than 100 patients during his 22-year career as a nurse, he had nothing to say at his preliminary hearing.
I believe in the constitutional presumption of innocence…but if Riems is found guilty he deserves the worst imaginable punishment!
Watch his video taped hearing.
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