I am not yet at the stage where retirement is on my mind. But, if it is for you, you have a lot of work to do, and YES I mean you young 60 somethings... YUP - LISTEN UP. I know these conversations are not fun, but have them now!
1. Write a Will - and share copies with family members (most states may not let you tape names to the bottom of furniture as sufficient bequeathing).
2. General POA - want someone to help with financial matters?
3. Health Care POA - want someone to make decisions for your health care when you cannot?
4. DNR - do you remember Ms. Valerie Schievo in Fla? With the right Health care POA or DNR documents, her family would have been spared a great deal of turmoil.
5. Charitable donations - want to watch your money help others? Then why wait to make donations - make them now, and be involved.
6. Not enough money for donations, but want to plan and save for your family? Consult a Medicaid consulting attorney for planning. You would be surprised at what federal law allows you to do and spend before Medicaid applications (and maybe you won't be surprised, but a great deal is NOT allowed).
7. Plan your funeral - yup, I mean it, the whole thing - from payments, to caskets, to burial location. What a gift this will be for your loved ones who will be asked to make difficult decisions during a difficult time.
8. Tour local facilities. Do you know that no matter what you don't want to go to a nursing home? Then do something about it - plan, talk to home health. What if you have heard bad things about a few - tour the ones around and make your family aware of those you find acceptable, and not acceptable.
9. Investigate insurance plans - Medicare B / Vet benefits - what do you have, and what do you need? Better do this sooner, than later.
And last, but not least - ENJOY YOUR RETIREMENT - knowing you are planned, organized and ready to enjoy. Your family will thank you for thinking ahead!
Wednesday, April 30, 2008
Tuesday, April 29, 2008
WOMAN TAKING FOSAMAX AT RISK
A recently released British study indicates that women taking Fosamax to treat Osteoporosis are at increased risk of developing an irregular heartbeat. Fosamax, manufactured by Merck, is heavily marketed and advertised for woman who may suffer from Osteoporosis. Osteoporosis (thinning of the bones) affects about eight million women and two million men and causes more than 1.5 million fractures yearly in the U.S.
The study concluded that women taking Fosamax were 86% more likely to develop a heart condition called atrial fibrillation than women who never used the drug. Atrial fibrillation is dangerous because it greatly increases the risk of stroke. If the heart doesn't beat strongly, blood can collect, or pool, in the atria. Pooled blood is more likely to form clots.
A study published last year in the New England Journal of Medicine found a slightly increased risk of atrial fibrillation among thousands of women taking Fosamax compared with those who were not, but the Food and Drug Administration (FDA) said the differences between the two groups were not "significant".
Boy....the old FDA really looks out for Americans!
The study concluded that women taking Fosamax were 86% more likely to develop a heart condition called atrial fibrillation than women who never used the drug. Atrial fibrillation is dangerous because it greatly increases the risk of stroke. If the heart doesn't beat strongly, blood can collect, or pool, in the atria. Pooled blood is more likely to form clots.
A study published last year in the New England Journal of Medicine found a slightly increased risk of atrial fibrillation among thousands of women taking Fosamax compared with those who were not, but the Food and Drug Administration (FDA) said the differences between the two groups were not "significant".
Boy....the old FDA really looks out for Americans!
Monday, April 28, 2008
RIGHT TO HEALTH CARE?
True or False - you have a Right to Healthcare in the United States?
Answer, False. It is not a right. You can get turned down, and refused care. Today's Wall Street Journal writes about a Texas woman who had Leukemia. She went to top Cancer Hospital MD Anderson, where she was told her insurance could not cover treatment, and she would need to pay $105,000 in cash before treatment could begin. What? No, I am not kidding. Hospitals are businesses, and with so many unable to pay for care, or with little to no insurance, many believe they must do what is necessary to stay in business. (Many believe this, not including me).
The story continues to share the ordeal this Texas woman went through - showing up for treatment and being unable to get treatment until she went by the business office to pay up.
Is this really what healthcare is coming to in America? Upfront payments, like a house, or car? What about non-profit hospitals, they certainly won't charge you up front, would they? Only time will tell - in the meanwhile, I am very sorry this is what happens to Americans who need treatment. And the kicker, she HAD insurance - just not enough!
Answer, False. It is not a right. You can get turned down, and refused care. Today's Wall Street Journal writes about a Texas woman who had Leukemia. She went to top Cancer Hospital MD Anderson, where she was told her insurance could not cover treatment, and she would need to pay $105,000 in cash before treatment could begin. What? No, I am not kidding. Hospitals are businesses, and with so many unable to pay for care, or with little to no insurance, many believe they must do what is necessary to stay in business. (Many believe this, not including me).
The story continues to share the ordeal this Texas woman went through - showing up for treatment and being unable to get treatment until she went by the business office to pay up.
Is this really what healthcare is coming to in America? Upfront payments, like a house, or car? What about non-profit hospitals, they certainly won't charge you up front, would they? Only time will tell - in the meanwhile, I am very sorry this is what happens to Americans who need treatment. And the kicker, she HAD insurance - just not enough!
HOW TO PROTECT YOUR CHILDREN FROM LEAD POISONING
By now every parent should know about the danger lead paint poses to young children. Lead is a soft metal that has been used for years in manufacturing glassware and plumbing fixtures, and in the past it was contained in gasoline and paint. Children may swallow harmful amounts if they play in areas where peeling or chipping lead paint accumulates in the soil and dust around a home.
Children under age 2 are particularly vulnerable, because they taste dirt, put their hands in their mouths, chew on toys and may eat without washing their hands. Lead is absorbed into their developing bodies and can stunt growth, damage the brain and kidneys, and cause anemia. Lead exposure has been linked to central nervous system effects, such as behavior problems and impaired mental development.
So when it comes to your children's safety, what can you do to help prevent lead poisoning? The American Academy of Pediatrics (AAP) recommends the following:
•Avoid purchasing non-brand or older toys likely to contain lead paint.
•Do not give young children toy costume jewelry, since it has been associated with the highest lead content.
•Encourage your children to wash their hands frequently, especially before eating and after playing.
•Before moving into an older home or apartment, check for possible lead problems.
•If you have lead pipes, use cold water for preparing formula, drinking or cooking. Run tap water one to two minutes before each use.
•Repair areas where paint is flaking or peeling before putting cribs, playpens, beds or highchairs next to them.
Children under age 2 are particularly vulnerable, because they taste dirt, put their hands in their mouths, chew on toys and may eat without washing their hands. Lead is absorbed into their developing bodies and can stunt growth, damage the brain and kidneys, and cause anemia. Lead exposure has been linked to central nervous system effects, such as behavior problems and impaired mental development.
So when it comes to your children's safety, what can you do to help prevent lead poisoning? The American Academy of Pediatrics (AAP) recommends the following:
•Avoid purchasing non-brand or older toys likely to contain lead paint.
•Do not give young children toy costume jewelry, since it has been associated with the highest lead content.
•Encourage your children to wash their hands frequently, especially before eating and after playing.
•Before moving into an older home or apartment, check for possible lead problems.
•If you have lead pipes, use cold water for preparing formula, drinking or cooking. Run tap water one to two minutes before each use.
•Repair areas where paint is flaking or peeling before putting cribs, playpens, beds or highchairs next to them.
Tuesday, April 22, 2008
MEDICAL NEGLIGENCE COSTS MONEY AND LIVES!
Healthgrades a leading hospital rating organization, recently released its fifth annual Patient Safety in American Hospitals study. If your kids brought home these grades you would not be very happy!
It finds from 2004 through 2006 there were 238,337 preventable deaths among Medicare patients. That cost the program and ultimately taxpayers (you) $8.8 billion.
The study detected 1.2 million safety problems during nearly 41 million hospital stays logged by the country’s Medicare recipients. The study analyzed 41 million Medicare patient records.
Poor grades indeed!
It finds from 2004 through 2006 there were 238,337 preventable deaths among Medicare patients. That cost the program and ultimately taxpayers (you) $8.8 billion.
The study detected 1.2 million safety problems during nearly 41 million hospital stays logged by the country’s Medicare recipients. The study analyzed 41 million Medicare patient records.
Poor grades indeed!
ELDER ABUSE IS VERY REAL
Please don't watch this if you get upset easily... We hear stories like these, all the time in Virginia. It is not just a problem out West
If you expect Abuse in Virginia, call your County Dept. of Social Services, ask to speak to Adult Protective Services, call our office, or the Department of Health to file a complaint against a Nursing Home.
If you expect Abuse in Virginia, call your County Dept. of Social Services, ask to speak to Adult Protective Services, call our office, or the Department of Health to file a complaint against a Nursing Home.
LIFE EXPECTANCY FOR SOME WOMEN, DECREASED in SW VA?
Life Expectancy Drops for Some U.S. Women, according to recent studies as reported in today's Washington Post. And what does that mean afterall, especially in light of technology, advances in medical care, medicine, and all the news on healthy living? It means something is wrong, and as residents of SW Virginia, we need to do something.
12% of woman in the United States, now have a lower life expectancy - out of the 1000 counties studied, the most dramatic change occurred in two areas in southwestern Virginia (Radford City and Pulaski County), where women's life expectancy has decreased by more than five years since 1983.
"The trend appears to be driven by increases in death from diabetes, lung cancer, emphysema and kidney failure. It reflects the long-term consequences of smoking, a habit that women took up in large numbers decades after men did, and the slowing of the historic decline in heart disease deaths. It may also represent the leading edge of the obesity epidemic. If so, women's life expectancy could decline broadly across the United States in coming years, ending a nearly unbroken rise that dates to the mid-1800s " reports the Post.
The study, being published in PLoS Medicine, an open-access journal of the Public Library of Science considers that around half of all deaths in the United States are attributable to a small number of "modifiable" behaviors and exposures, such as smoking, poor diet and lack of exercise.
"Although it is impossible to know exactly what is going on in the 1,000 counties, Murray thinks it "would be a reasonably obvious strategy" to target them for aggressive public health campaigns."
OK - so let me start here Virginia. Stop smoking. Stop driving everywhere - exercise, take a walk, don't take so many meds, don't east so much fried food - PREVENTION is key. Radford City school are ahead of the trend, having eliminated all sugar from school meals and celebrations two years ago.... I would venture to say there is more we can do!
12% of woman in the United States, now have a lower life expectancy - out of the 1000 counties studied, the most dramatic change occurred in two areas in southwestern Virginia (Radford City and Pulaski County), where women's life expectancy has decreased by more than five years since 1983.
"The trend appears to be driven by increases in death from diabetes, lung cancer, emphysema and kidney failure. It reflects the long-term consequences of smoking, a habit that women took up in large numbers decades after men did, and the slowing of the historic decline in heart disease deaths. It may also represent the leading edge of the obesity epidemic. If so, women's life expectancy could decline broadly across the United States in coming years, ending a nearly unbroken rise that dates to the mid-1800s " reports the Post.
The study, being published in PLoS Medicine, an open-access journal of the Public Library of Science considers that around half of all deaths in the United States are attributable to a small number of "modifiable" behaviors and exposures, such as smoking, poor diet and lack of exercise.
"Although it is impossible to know exactly what is going on in the 1,000 counties, Murray thinks it "would be a reasonably obvious strategy" to target them for aggressive public health campaigns."
OK - so let me start here Virginia. Stop smoking. Stop driving everywhere - exercise, take a walk, don't take so many meds, don't east so much fried food - PREVENTION is key. Radford City school are ahead of the trend, having eliminated all sugar from school meals and celebrations two years ago.... I would venture to say there is more we can do!
Monday, April 21, 2008
MEDICAID PLANNING
There is a federal law that basically prohibits attorneys from telling families how to prepare for Medicaid. Medicaid in most states, is a state-sponsored program that provides health coverage for those without assets...
The catch 22 is that nursing homes are so expensive, that almsot everyone who enters private pay, will spend all their hard earned money, have to sell their homes, and the eventually be on Medicaid. So why can't you call someone, and PLAN for medicaid... you know, sell the house, give away some money, etc.
I was not joking when I said there is a federal law which makes it criminal for lawyers to tell families how to do this, but then the Attorney General's office has promised not to prosecute those lawyers - so thankfully, some people are providing Medicaid planning advice... and you should seek professional help if your loved one may need to enter a nursing home. There are alot of details in the law about children, married persons etc. Please, don't wait until it is too late - call someone!
The catch 22 is that nursing homes are so expensive, that almsot everyone who enters private pay, will spend all their hard earned money, have to sell their homes, and the eventually be on Medicaid. So why can't you call someone, and PLAN for medicaid... you know, sell the house, give away some money, etc.
I was not joking when I said there is a federal law which makes it criminal for lawyers to tell families how to do this, but then the Attorney General's office has promised not to prosecute those lawyers - so thankfully, some people are providing Medicaid planning advice... and you should seek professional help if your loved one may need to enter a nursing home. There are alot of details in the law about children, married persons etc. Please, don't wait until it is too late - call someone!
POOR AND LIVING IN VIRGINIA: BETTER GET READY FOR THE NURSING HOME
Beth Macy wrote an eye-opening article in yesterday's Roanoke Times newspaper. Her findings: Virginia ranks 47th in the nation in Medicaid funding of home care. Unlike states that have tried to shift funding toward home care and away from nursing homes, Virginia spends just 27 percent of its Medicaid budget on home health and personal care. By comparison, it spends 42 percent on nursing facilities, according to the National Center on Caregiving.
Federal dollars for Medicaid are portioned out to states according to per-capita income: The poorer a state's residents, the more money the federal government gives it for Medicaid.
Virginia, the ninth-wealthiest state in the country, ranks 47th for Medicaid spending. West Virginia ranks 49th in per-capita income and 10th in the nation for Medicaid spending.
Most people would prefer to stay at home, with the assistance of nurse assistant or other healthcare provider. Why doesn't Virginia provide more Medicaid funds for people to stay at home? How about the the long-established and well-funded nursing-home lobby. Do you think the fact that Virginia is home to the 24th largest corporate nursing home chain in America has anything to to do with the problem? That corporate giant nursing home - Medical Facilities of America.
Federal dollars for Medicaid are portioned out to states according to per-capita income: The poorer a state's residents, the more money the federal government gives it for Medicaid.
Virginia, the ninth-wealthiest state in the country, ranks 47th for Medicaid spending. West Virginia ranks 49th in per-capita income and 10th in the nation for Medicaid spending.
Most people would prefer to stay at home, with the assistance of nurse assistant or other healthcare provider. Why doesn't Virginia provide more Medicaid funds for people to stay at home? How about the the long-established and well-funded nursing-home lobby. Do you think the fact that Virginia is home to the 24th largest corporate nursing home chain in America has anything to to do with the problem? That corporate giant nursing home - Medical Facilities of America.
Saturday, April 19, 2008
IS YOUR HOUSE KILLING YOU?
For most people, home is a haven and a refuge from the rest of the world. However, your home can also be the most dangerous place you go. I'm talking about lead, mostly lead dust, from the paint on your pre-1978 house's walls and windows.
Lead-based paint was banned in 1978 by the Consumer Product Safety Commission for use in homes, children’s toys and furniture. However, it still exists in many older homes. Lead poisoning is particularly dangerous for children younger than six and pregnant women; lead can build up inside a young child’s body and harm their developing brains.
The U.S. Department of Housing and Urban Development suggests that flat surfaces, such as windowsills, in older homes be wiped down often with a damp paper towel to remove lead dust. Smooth floors should be damp-mopped weekly, and carpets and upholstery should be vacuumed to control dust.
Lead-based paint was banned in 1978 by the Consumer Product Safety Commission for use in homes, children’s toys and furniture. However, it still exists in many older homes. Lead poisoning is particularly dangerous for children younger than six and pregnant women; lead can build up inside a young child’s body and harm their developing brains.
The U.S. Department of Housing and Urban Development suggests that flat surfaces, such as windowsills, in older homes be wiped down often with a damp paper towel to remove lead dust. Smooth floors should be damp-mopped weekly, and carpets and upholstery should be vacuumed to control dust.
Friday, April 18, 2008
MORE BAD NEWS FOR TENNESSEE NURSING HOMES
Palmyra Health Care Center in Clarksville, Tennessee has until April 25 to submit a plan of correction on multiple safety violations and the Tennessee Department of Health has suspended new admissions to the nursing home. Why? Because eighteen deficiencies — four of which were deemed as immediate jeopardy — were discovered during a complaint investigation and annual survey!
The most serious violations related to the nursing home's failure to implement programs that would have prevented residents with mental health and psychosocial behavioral problems from harming themselves, other residents or staff members.
The nursing home had to pay a one-time state civil penalty of $3,000 in addition to a daily federal civil penalty of $5,250.
What is it going to take to get nursing homes to provide the type of care that our family members need?
The most serious violations related to the nursing home's failure to implement programs that would have prevented residents with mental health and psychosocial behavioral problems from harming themselves, other residents or staff members.
The nursing home had to pay a one-time state civil penalty of $3,000 in addition to a daily federal civil penalty of $5,250.
What is it going to take to get nursing homes to provide the type of care that our family members need?
Thursday, April 17, 2008
WHY ARE THOSE ATTORNEYS LOOKING AT MY MEDICAL RECORDS?
Our clients often ask why the opposing lawyers are reviewing each page of their medical records - some of the records are over 10 years old and are not related to the case. Here is what they are looking for:
1. Past medical conditions and symptoms similar to those currently being claimed to have resulted from medical negligence or injury.
2. Abuse or misuse of prescription or over-the-counter medications.
3. Gratuitous comments by your doctors that you have a tendency to exaggerate your medical conditions or problems.
4. Comments from your doctors that you are a malinger.
5. Confidential comments you made to your doctor about your previous medical history (like abortions or sexually transmitted diseases - STD).
6. Previously diagnosed conditions which might explain your current injury.
7. Previously diagnosed conditions which might shorten your life - hey, you were going to die early anyway!
In other words they are looking for DIRT!
1. Past medical conditions and symptoms similar to those currently being claimed to have resulted from medical negligence or injury.
2. Abuse or misuse of prescription or over-the-counter medications.
3. Gratuitous comments by your doctors that you have a tendency to exaggerate your medical conditions or problems.
4. Comments from your doctors that you are a malinger.
5. Confidential comments you made to your doctor about your previous medical history (like abortions or sexually transmitted diseases - STD).
6. Previously diagnosed conditions which might explain your current injury.
7. Previously diagnosed conditions which might shorten your life - hey, you were going to die early anyway!
In other words they are looking for DIRT!
WAITING ROOMS
I was at an event this week when conversation turned to a local, large, "non-profit" hospital. A Friend told me he suffered a post-surgical hematoma, he knew what it was, and went to the local ER for treatment. Two hours into the treatment, when he had not yet been seen by a triage nurse, or anyone, he got in his car, and drove 10 miles to the smaller, level 1 trauma center in the next county. He arrived, told them the problem, and was taken in within 5 minutes. Now, we have had cases where undiagnosed hematomas (where blood begins to gather) have caused death... Aren't I glad my friend had the ability to get himself to the other facility?
Sad.... Now I know it could have been a busy day, or one with surprised trauma accidents... But could it also be the one ER was properly staffed, organized and their staff educated to the danger of hematomas?
Sad.... Now I know it could have been a busy day, or one with surprised trauma accidents... But could it also be the one ER was properly staffed, organized and their staff educated to the danger of hematomas?
ELI LILLY CUTS JOBS
Heard of Eli Lilly? That huge pharmaceutical company? Bad news - they expect to take an accounting charge in the 2nd quarter this year (according to the Wallstreet Journal) and are therefore planning on staff reduction of 500. Sad I think. Staff reduction of 500 manufacturing jobs in Indianapolis, before you reduce your marketing budget?
Wednesday, April 16, 2008
VIRGINIA TECH - 1 YEAR OUT
I will begin by stating my office is entirely Hokies (but for me)..... and on this day last year, I witnessed my close friends and colleagues experience a terrible loss. No one in our community remains untouched by this tragedy, but as we specialize in wrongful death law suits, we have a very unique perspective on the Virginia Tech settlements with the Commonwealth of Virginia.
To begin, our office agreed on April 17, 2007, we would not take cases against the University. (We couldn't agree to this on the 16th because we were in a jury trial). Within weeks, we received calls from across the East Coast from referral attorneys and families, asking if we would be interested in filing suit.
Why did we agree not to take these cases? Many reasons, the first of which is totally personal - no one here wanted to place blame on their alma mater. The second reason, we know sovereign immunity in Virginia is alive and well making such cases very difficult, and likely not "profitable" for anyone involved (sovereign immunity is that legal doctrine wherein a state or local agency such as fire department, policeman, university can only be held liable when their actions are grossly negligent - or so bad as to shock the conscious). Was the shooter grossly negligent - YES, of course, more so - his acts were intentional, but in order to successfully sue Virginia Tech, Blacksburg Police etc, you would have to prove that their actions lacked care and concern as well.
This is a very difficult burden of proof when putting on a case - then you have statutory limit on recovery. So had we taken a case for a family who has lost a loved one you are looking at the following: 1 -2 years in litigation; Our office taking 40% of the total recovery; hiring experts to the tune of $10,000-$20,000 to claim the School should have done more. Then you are asking a local jury, also traumatized by the events, to award parents money. Now many jurors would think "We are so sorry for your loss, but money won't bring your child back, neither will this law suit, please try to begin the healing process." We have also found the head on a platter type cases cause families great emotional distress as they are forced to re-live the events on a daily basis, under oath in depositions and at trial - for years. We of course, respect and honor the legal right to file suit against the school and know that for many families, it is not about the money, but accountability. I am confident however, every person at Va Tech will not forget a minute of that day and no lawsuit is needed to hold them accountable.
Now there are some pretty well known legal scholars that disagree with our approach to these cases, and have expressed disappointment in both the offers from the Commonwealth, and family willingness to accept, but I was encouraged to see so many families accept the state settlement. For those who did not, they will be filing Notice by today - or their case will be barred from Virginia Court system. I have no doubt there are a few reporters waiting to see if the City, or the School receives written Notice today. Certainly, it is a complicated legal situation. More importantly, it is an amazing tragedy and our hearts, and prayers are with all Hokies today.
To begin, our office agreed on April 17, 2007, we would not take cases against the University. (We couldn't agree to this on the 16th because we were in a jury trial). Within weeks, we received calls from across the East Coast from referral attorneys and families, asking if we would be interested in filing suit.
Why did we agree not to take these cases? Many reasons, the first of which is totally personal - no one here wanted to place blame on their alma mater. The second reason, we know sovereign immunity in Virginia is alive and well making such cases very difficult, and likely not "profitable" for anyone involved (sovereign immunity is that legal doctrine wherein a state or local agency such as fire department, policeman, university can only be held liable when their actions are grossly negligent - or so bad as to shock the conscious). Was the shooter grossly negligent - YES, of course, more so - his acts were intentional, but in order to successfully sue Virginia Tech, Blacksburg Police etc, you would have to prove that their actions lacked care and concern as well.
This is a very difficult burden of proof when putting on a case - then you have statutory limit on recovery. So had we taken a case for a family who has lost a loved one you are looking at the following: 1 -2 years in litigation; Our office taking 40% of the total recovery; hiring experts to the tune of $10,000-$20,000 to claim the School should have done more. Then you are asking a local jury, also traumatized by the events, to award parents money. Now many jurors would think "We are so sorry for your loss, but money won't bring your child back, neither will this law suit, please try to begin the healing process." We have also found the head on a platter type cases cause families great emotional distress as they are forced to re-live the events on a daily basis, under oath in depositions and at trial - for years. We of course, respect and honor the legal right to file suit against the school and know that for many families, it is not about the money, but accountability. I am confident however, every person at Va Tech will not forget a minute of that day and no lawsuit is needed to hold them accountable.
Now there are some pretty well known legal scholars that disagree with our approach to these cases, and have expressed disappointment in both the offers from the Commonwealth, and family willingness to accept, but I was encouraged to see so many families accept the state settlement. For those who did not, they will be filing Notice by today - or their case will be barred from Virginia Court system. I have no doubt there are a few reporters waiting to see if the City, or the School receives written Notice today. Certainly, it is a complicated legal situation. More importantly, it is an amazing tragedy and our hearts, and prayers are with all Hokies today.
Tuesday, April 15, 2008
Fox News: An Oxymoron?
Today's post will take a slight detour. I want to talk about how people find out what is going on in the world. Where we get our news shapes and forms our opinons. Many of my friends get most, if not all, of their news from Fox. I worry about those people....
In my opinion, Fox News always has an agenda and I mean ALWAYS! Don't believe me? Why don't you take 10 minutes and watch this true video newstory about what Fox News does when its reporters don't want to report the news the way Fox corporate tells them to...
In my opinion, Fox News always has an agenda and I mean ALWAYS! Don't believe me? Why don't you take 10 minutes and watch this true video newstory about what Fox News does when its reporters don't want to report the news the way Fox corporate tells them to...
Monday, April 14, 2008
BALTIMORE JURY AWARDS $1.75 MILLION IN LEAD PAINT CASE
Lead paint can ruin the lives of young people and this fact has been known to paint manufacturers and landlords for years! The Environmental Protection Agency (EPA) has warned us about these dangers but, unfortunately some people just look the other way in an attempt to avoid responsibility.
I am happy to report that a Baltimore City jury recently held a landlord accountable for the injuries suffered by a 7 year old girl who was exposed to lead paint from birth up to her third birthday. Medical experts testified that the young girl, Tyaih Dodd, suffered brain damage and lost up to 8 IQ points because of her exposure to lead.
The damages were to be paid by the owner of the property, Stanley Rochkind, and its manager, Dear Management & Construction Company.
I am happy to report that a Baltimore City jury recently held a landlord accountable for the injuries suffered by a 7 year old girl who was exposed to lead paint from birth up to her third birthday. Medical experts testified that the young girl, Tyaih Dodd, suffered brain damage and lost up to 8 IQ points because of her exposure to lead.
The damages were to be paid by the owner of the property, Stanley Rochkind, and its manager, Dear Management & Construction Company.
Friday, April 11, 2008
NURSING HOME CONTRACTS - SHOULD ARBITRATION AGREEMENTS BE THERE?
We write about this issue frequently - being asked to waive your access to the local court system, in a nursing home contract. I would venture to say that at least 75% of Virginia Nursing Home contracts have arbitration agreements in them today.
It isn't just a Virginia issue however - Today's Wall Street Journal and Law Blog:
How far should arbitration go?
"That’s at the heart of a debate that has taken shape as nursing homes have dramatically increased their use of arbitration in recent years, according to this page-one article in WSJ.
Many homes now ask incoming residents to sign an agreement that they will arbitrate any future dispute over care, even those involving death. It’s one thing to waive your right to trial over a cell phone dispute, but what about a complex medical claim?
Trial lawyers, consumer advocates and some legislators say that entering a nursing home is stressful: elderly patients and their families, they say, are presented with a stack of admissions papers and often sign away their right to trial without realizing it.
And arbitrators, they say, are far less likely to award substantial sums.
Nursing homes don’t contest that point: arbitration has allowed them to better sidestep the sort of massive awards that became common starting in the late 1990s. The reason is simple: arbitrators are less apt to be swayed by emotion.
But arbitration has decided advantages for plaintiffs and defendants, including that it can be quicker and cheaper than court cases, according to nursing homes. And that, they say, mean that homes can spend more time and money on care, and less on litigation.
The debate may now play out in Congress, where a bill was filed Wednesday to effectively ban the use binding arbitration agreements in advance of a dispute over care."
Could awards be less - yes, but what is so hard, is the limited access to actual information in arbitration. No access to subpoenas, depositions - you are very limited in the information you can access, and that is why we lobby against them. Sadly, nothing will change until consumers stand up and refuse to be patrons to businesses that require these contracts....
It isn't just a Virginia issue however - Today's Wall Street Journal and Law Blog:
How far should arbitration go?
"That’s at the heart of a debate that has taken shape as nursing homes have dramatically increased their use of arbitration in recent years, according to this page-one article in WSJ.
Many homes now ask incoming residents to sign an agreement that they will arbitrate any future dispute over care, even those involving death. It’s one thing to waive your right to trial over a cell phone dispute, but what about a complex medical claim?
Trial lawyers, consumer advocates and some legislators say that entering a nursing home is stressful: elderly patients and their families, they say, are presented with a stack of admissions papers and often sign away their right to trial without realizing it.
And arbitrators, they say, are far less likely to award substantial sums.
Nursing homes don’t contest that point: arbitration has allowed them to better sidestep the sort of massive awards that became common starting in the late 1990s. The reason is simple: arbitrators are less apt to be swayed by emotion.
But arbitration has decided advantages for plaintiffs and defendants, including that it can be quicker and cheaper than court cases, according to nursing homes. And that, they say, mean that homes can spend more time and money on care, and less on litigation.
The debate may now play out in Congress, where a bill was filed Wednesday to effectively ban the use binding arbitration agreements in advance of a dispute over care."
Could awards be less - yes, but what is so hard, is the limited access to actual information in arbitration. No access to subpoenas, depositions - you are very limited in the information you can access, and that is why we lobby against them. Sadly, nothing will change until consumers stand up and refuse to be patrons to businesses that require these contracts....
Tuesday, April 08, 2008
LEAD POSIONING AND DAY CARE CENTERS
By now almost everyone knows that lead paint is extremely dangerous for infants and children. Lead may cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. Children six years old and under are most at risk.
Kudos to Jersey City, NJ! According to an ordinance to be presented to the City Council tonight, day care centers in Jersey City would have to notify parents or guardians that the State of New Jersey provides free blood tests for lead for uninsured and underinsured children.
Hey Roanoke City – what about our day care centers?
Kudos to Jersey City, NJ! According to an ordinance to be presented to the City Council tonight, day care centers in Jersey City would have to notify parents or guardians that the State of New Jersey provides free blood tests for lead for uninsured and underinsured children.
Hey Roanoke City – what about our day care centers?
Monday, April 07, 2008
Is Carilion Roanoke Memorial Hospital Really a Nonprofit Hospital?
Let me make my concession right up front. Carilion Roanoke Memorial Hospital, for the most part, provides the residents of Western Virginia with high-end medical care. Further, Carilion is the economic engine which drives Roanoke and the surrounding area. However, it is not a nonprofit hospital regardless of what members of that institution tell you.
The Wall Street Journal published a great article on Friday, April 4 on hospitals which fly the nonprofit banner. The article entitled, "Non Profit Hospitals, Once For the Poor, Strike it Rich," tells the real story. The combined net income of the 50 largest nonprofit hospitals jumped nearly eight-fold to $4.27 billion between 2001 and 2006! How is that nonprofit? Did your income jump the same amount during those 5 years?
Originally, nonprofit hospitals were supposed to provide medical care to those who could not afford it and in return the hospitals received federal and state tax breaks. Today, those nonprofit hospitals still get the tax benefits but are pretty tight when it comes to providing care to those who cannot pay. Don't believe me...just take a little trip down to the Roanoke City General District Court and take a look at the civil docket. You will see that Carilion is suing dozens of people who cannot afford medical care.
Does anybody know that Carilion Roanoke Memorial charges almost 2.5 times what Medicare deems to be a reasonable charge for medical services. This information is readily available on the Medicare Cost Reports. Does anybody know that the top 3 key employees earned total compensation of over $3,000,000 in 2005! Don't believe it? Check Carilion's federal tax return for 2005 at guidestar.org.
Want to read more on this topic? Check out Dr. Gerard Anderson's testimony before Congress.
The Wall Street Journal published a great article on Friday, April 4 on hospitals which fly the nonprofit banner. The article entitled, "Non Profit Hospitals, Once For the Poor, Strike it Rich," tells the real story. The combined net income of the 50 largest nonprofit hospitals jumped nearly eight-fold to $4.27 billion between 2001 and 2006! How is that nonprofit? Did your income jump the same amount during those 5 years?
Originally, nonprofit hospitals were supposed to provide medical care to those who could not afford it and in return the hospitals received federal and state tax breaks. Today, those nonprofit hospitals still get the tax benefits but are pretty tight when it comes to providing care to those who cannot pay. Don't believe me...just take a little trip down to the Roanoke City General District Court and take a look at the civil docket. You will see that Carilion is suing dozens of people who cannot afford medical care.
Does anybody know that Carilion Roanoke Memorial charges almost 2.5 times what Medicare deems to be a reasonable charge for medical services. This information is readily available on the Medicare Cost Reports. Does anybody know that the top 3 key employees earned total compensation of over $3,000,000 in 2005! Don't believe it? Check Carilion's federal tax return for 2005 at guidestar.org.
Want to read more on this topic? Check out Dr. Gerard Anderson's testimony before Congress.
Sunday, April 06, 2008
RICHMOND RESIDENT SUFFERS IN NURSING HOME
This sad story comes to us from Richmond, Virginia and was reported in today’s Richmond Times Dispatch newspaper. Wendy Reardon’s father, age 90, was admitted to a local nursing home for rehabilitation after shoulder surgery. Her father is blind and wears hearing aids in both ears.
"I was told he was supposed to see a doctor within 48 hours of going into the nursing home. It took 10 days," said Reardon. "He got no painkillers for seven days with a broken shoulder," she said. He was not eating. When she was asked about another medication her father was taking, she said she was told they had run out of it. She complained, she said, and people promised to do something, but nothing changed. Her father lost so much weight he was hospitalized to have a feeding tube inserted and to have a blood transfusion. By then, Reardon had already started looking for a different nursing facility for her father.
About 1.5 million Americans live in an estimated 16,000 nursing homes. By 2050, according to an Alliance for Health Reform analysis, as many as 12 million people age 65 and older in the United States will need long-term care, which includes nursing-home and assisted-living care.
How do the nursing homes in Virginia stand up? Not too well! Three Virginia facilities are on the Centers for Medicare and Medicaid Services’ (CMS) "worst" list -- Beacon Shores Nursing & Rehabilitation in Virginia Beach, Ruxton Health of Woodbridge, and Harbour Pointe M & R Center in Norfolk. Sixty-one are on the restraint and bedsore list. Virginia's nursing home quality overall in 2006 was rated "very weak" in a report prepared by the federal Agency for Healthcare Research and Quality. The rating, based on how the state stacks up to other states, is determined by information collected by Medicare.
My advice: Conduct a thorough investigation of any facility BEFORE placing your loved one in the care of others!
"I was told he was supposed to see a doctor within 48 hours of going into the nursing home. It took 10 days," said Reardon. "He got no painkillers for seven days with a broken shoulder," she said. He was not eating. When she was asked about another medication her father was taking, she said she was told they had run out of it. She complained, she said, and people promised to do something, but nothing changed. Her father lost so much weight he was hospitalized to have a feeding tube inserted and to have a blood transfusion. By then, Reardon had already started looking for a different nursing facility for her father.
About 1.5 million Americans live in an estimated 16,000 nursing homes. By 2050, according to an Alliance for Health Reform analysis, as many as 12 million people age 65 and older in the United States will need long-term care, which includes nursing-home and assisted-living care.
How do the nursing homes in Virginia stand up? Not too well! Three Virginia facilities are on the Centers for Medicare and Medicaid Services’ (CMS) "worst" list -- Beacon Shores Nursing & Rehabilitation in Virginia Beach, Ruxton Health of Woodbridge, and Harbour Pointe M & R Center in Norfolk. Sixty-one are on the restraint and bedsore list. Virginia's nursing home quality overall in 2006 was rated "very weak" in a report prepared by the federal Agency for Healthcare Research and Quality. The rating, based on how the state stacks up to other states, is determined by information collected by Medicare.
My advice: Conduct a thorough investigation of any facility BEFORE placing your loved one in the care of others!
Tuesday, April 01, 2008
VIRGINIA NEEDS MORE NURSES IN NURSING HOMES
The “frontline” care provider in nursing homes is the nursing staff. That staff is made up of Registered Nurses, Licensed Practical Nurses, and Certified Nursing Aides. The problem is that nursing homes, in an attempt to decrease overhead and increase profits, have too few nurses taking care of too many residents! We often see each nursing aide assigned to 10 or more residents per shift. One person, regardless of how competent and caring, cannot take care of 10 residents with multiple medical problems and in need of assistance with dressing, bathing, eating, etc.
Virginia residents deserve better! But, for whatever reason, Virginia does not require a minimum number of staff to care for its elderly and infirm. Other states do and more are added to the list each year. Take a look at Connecticut - minimum hours of care required per nursing home resident would more than double under a new bill before the state legislature. Under the new plan, nursing facilities must provide 4.2 hours of daily care per resident as of May 2009, up from the current 1.9 hours.
Write your state representative in the General Assembly and tell them more nurses are needed and the only way to get them is to require mandatory minimum staffing!
Virginia residents deserve better! But, for whatever reason, Virginia does not require a minimum number of staff to care for its elderly and infirm. Other states do and more are added to the list each year. Take a look at Connecticut - minimum hours of care required per nursing home resident would more than double under a new bill before the state legislature. Under the new plan, nursing facilities must provide 4.2 hours of daily care per resident as of May 2009, up from the current 1.9 hours.
Write your state representative in the General Assembly and tell them more nurses are needed and the only way to get them is to require mandatory minimum staffing!
HEALTH CARE STOCKS
This is the trend: FDA approves your drug, stock sales go up and up, shareholders are happy, company is happy. Few thousand cardiologists stop prescribing your drug because a recent study shows it doesn't help cholesterol as expected, and severe side effects exist, stock prices go down, company is not happy.
So what does the company do? They invest millions (maybe more) in advertising - trying to convince the pharmacists, doctors, and yes, you - the patient, that the drug is safe.
Now, it is possible the study is wrong - and that their efforts are best focused on advertising, but what if the study is right? Wouldn't you want to invest those millions in making the drug better, patient studies, etc?
Sadly - when $5,000,000,000 are on the line - health care decisions aren't that easy for large companies to make.
So what does the company do? They invest millions (maybe more) in advertising - trying to convince the pharmacists, doctors, and yes, you - the patient, that the drug is safe.
Now, it is possible the study is wrong - and that their efforts are best focused on advertising, but what if the study is right? Wouldn't you want to invest those millions in making the drug better, patient studies, etc?
Sadly - when $5,000,000,000 are on the line - health care decisions aren't that easy for large companies to make.
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