GREEN HOME = BETTER ALTERNATIVE THAN NURSING HOME

I read a great article in the Wallstreet Journal this morning by LUCETTE LAGNADO


She writes about a $300,000 grant that has jump-started a new trend in elder care. "In the spring of 2001, Bill Thomas, dressed in his usual sweat shirt and Birkenstock sandals, entered the buttoned-down halls of the Robert Wood Johnson Foundation. His message: Nursing homes need to be taken out of business. "It's time to turn out the lights," he declared.
Cautious but intrigued, foundation executives handed Dr. Thomas a modest $300,000 grant several months later. Now the country's fourth-largest philanthropy is throwing its considerable weight behind the 48-year-old physician's vision of "Green Houses," an eight-year-old movement to replace large nursing homes with small, homelike facilities for 10 to 12 residents."

The foundation is hoping that through its support, Green Houses will soon be erected in all 50 states, up from the 41 Green Houses now in 10 states.
"We want to transform a broken system of care," says Jane Isaacs Lowe, who oversees the foundation's "Vulnerable Populations portfolio." "I don't want to be in a wheelchair in a hallway when I am 85."

How does the nursing home industry feel about this? Can't make millions of dollars with small buildings and only 12 patients, can you?

Susan Feeney, a spokesperson for the American Health Care Association, which represents thousands of for-profit and not-for-profit nursing homes, says the criticisms levied against the industry by Dr. Thomas and his supporters are "overly harsh." She says many nursing homes are embracing cultural changes to create a more homelike feel. "While it may not be scrapping a large building...we are changing," she says.

Ok - homelike feel is good, but what about better care? One on one supervision? She is missing the point if you ask me.


"Robert Wood Johnson is making an important investment to try to make sure there is a sufficient cadre of early adopters of the Green House model -- and research to make sure the model is actually working," says Thomas Hamilton, who oversees nursing-home quality and regulatory issues for the Centers for Medicare & Medicaid Services. He says his agency is trying to coax nursing homes into changing their cultures and adopting more humane, "patient-centered" models such as the Green House.

"Perhaps the most significant hurdle to Green Houses is the perception that they are too expensive. "The biggest criticism I hear is, 'How do you make it work financially?'" says Mr. Minnix, whose association represents not-for-profit nursing homes as well as assisted-living and retirement communities."

Really - is that still our concern for elder care? Whether it is profitable...?

Sad, very sad. Good luck GREEN HOUSES. I will reserve my spot now for the year 2080.

DIRTY INSTRUMENTS AT DUKE

This is not a good story to read about...especially if you are getting ready to go to a local hospital for surgery. Duke University Medical Center...one of the premier hospitals in America, right!

Well, how about this. Approximately 3,800 surgical patients at Durham Regional Hospital and Duke Health Raleigh Hospital were exposed in late 2004 to instruments which had been washed with used hydraulic fluid. The fluid had been drained from hospital elevators and put in empty detergent drums, then was mistakenly shipped back to the hospitals.

The hospital system reached a settlement this week with an undisclosed number of patients. Terms of the agreement were not disclosed.

A lawsuit filed this week alleges the hospitals, and their suppliers, conspired to cover up their mistakes. The lawsuit alleges the hospital system agreed with the two companies to minimize their liability in the case by sharing costs for testing the instruments, using a lab with ties to Duke to conduct the tests, destroying evidence of contaminated instruments and stonewalling requests from patients for information.

Read more about this story of medical negligence and fraud here.

KUDOS TO THE FREDERICKSBURG, VIRGINIA NEWSPAPER!

The issue of whether it is fair to include mandatory arbitration agreements in nursing home admission contracts is an issue I've been writing about (and fighting in court) for the last 5 years. Congress is now looking into banning this practice which prevents nursing home residents and their families from holding the facilities accountable in a court of law.

The problem is that few Virginia newspapers have picked up on this important issue and story and that is why I tip my hat to Megan Williams from the Free-Lance Star in Fredericksburg, Virginia. Not only does arbitration prevent discovery of the truth about the care (or lack thereof) provided to the elderly...it also prevents the public from learning about the abuses which are common!

Kudos Ms. Williams!

EIGHT DRUGS DOCTORS WOULD NEVER TAKE

The title is not mine but appears on an article on MSN. The drugs referenced include Advair, Avandia, Celebrex, Ketek, Prilosec and Nexum, Visine, and Pseudoephedrine.

The article includes details on the drugs' side-effects and other problems.

Be an informed consumer of medical care and medicine! The article is a must read if you are currently taking any of these medications.

NURSING HOME IN WILLIAMSBURG VIRGINIA - BIG PROBLEMS!

I love Williamsburg - and am sad that the residents of James City County are plagued by the same problems that other localities in Virginia are.... poor nursing home care.

Records reflect 83 year old woman had no skin problems - but family can tell by looking at her, that most of her leg is covered by sores, and infection. Infection is so bad, she develops sepsis and dies.

How does this happen? What does the department of Health do about it? We may never know the answer to the first question, but my guess is it happened because the for-profit Maryland Corporation that owns the nursing home, did not hire enough qualified nurses to provide the intense care required by the residents. The Department of health inspected the records, wrote a report - and that is it! Nothing more is done, and this is standard. How will the family work to effectuate change? They only have 3 options - (1) contact Department of Health at 1-800-055-1819 to complain; (2) lobby Richmond to change the penalities for negligent facilities and (3) file a lawsuit. Criminal charges are rarely filed in Virginia - in fact, I don't know of a single case where elder neglect by a facility is charged as a crime in our Commonwealth.

Sad story - read more about this Williamsburg Family's ordeal.

FDA WARNINGS ON ANTI-PSYCHOTICS FOR PATIENTS WITH DEMENTIA

I read in the Wall Street Journal today, that the FDA said it will add warnings to the labels of older anti-psychotic drugs, regarding dangers of drug use for persons with dementia.

These meds haven't been FDA approved for folks with dementia, but were being prescribed by physicians all over the country. You can imagine the scenario. Grandma has dementia, gets confused, and occasionally aggressive, or tries to leave the nursing home. How do you "restrain" or change this behavior....? Anti-psychotics. The practice is most upsetting but prevalent.

We frequently see falls, dehydration, malnutrition - all linked to the use of these meds in elderly. If the purpose is to change behavior, they work. If the purpose is to help the patient, I don't see much of a benefit.

It will be interesting to see if these FDA warnings are read by prescribing physicians (who were already prescribing off label) and if they are read, whether any real change or decrease in use will result.

I know a very qualified physician in Roanoke who does NOT recommend these drugs for dementia patients - check out his website at www.seniorevaluations.com

WHAT COULD HAVE BEEN DONE FOR TIM RUSSERT?

We may not have known him personally, but we respected him - and his death reminds us of many truths. For example, life is short. The second, is that some medical conditions can be treated and others can't.

We have heard he had a stress test in April and was receiving treatment for diabetes and an enlarged heart.

Is there something that could have been done? Maybe. Maybe an angiogram would have shown doctors where blockages exist. Maybe he could have changed diet, and exercised more. Maybe CPR or aspirin could have helped. Maybe, Maybe none of these would have done anything.

The moral of the story is - get check-ups. Go see your doctors and learn how to better care for yourself. Don't wait.

VIRGINIA COURT RULES IN FAVOR OF PLAINTIFF IN NURSING HOME ABUSE CASE

As any of our regular readers know, my law firm spends a great deal of time representing residents and their families in claims of negligence and abuse against long term care facilities. One particular defendant we see all the time is Medical Facilities of America (MFA), whose home office is located in Roanoke, Virginia.

You may not recognize the name "MFA" because the company operates under many names including: Salem Health and Rehabilitation Center, Pulaski Health and Rehabilitation Center, Camelot of Lynchburg, Piney Forest Healthcare Center(Danville), The Berkshire Healthcare Center (Roanoke), Riverside Healthcare Center(Danville), Gretna Healthcare Center, Franklin Healthcare Center (Rocky Mount), Raleigh Court Healthcare Center (Roanoke), Camelot Health and Rehabilitation Center(Harrisonburg), and on and on and on.....

The reason for this post is to share with our readers the fact that one of MFA's favorite defense tactics has been taken away from them by a recent decision from by the Circuit Court of the City of Virginia Beach. The case, Curtis Williams, deceased v. Medical Facilities of America, holds that a resident's family may file a claim against a nursing home and allege that the defendant's negligence resulted either in the resident's death or injured the resident - allowing the jury to decide which harm/injury resulted.

Why is this such a big deal? In many cases a nursing home resident has multiple medical problems...or they would not need placement in a nursing home. Often, it is not always clear whether the resident died as a direct result of poor medical care or whether the resident suffered (mightily) as a result of poor medical care but died as a result of some pre-existing and underlying medical problem (i.e. heart attack). MFA, and other nursing homes, in defending cases in which the resident died attempted to force the family to chose between either a "wrongful death" claim or a "survival claim"(resident suffered due to poor care but died from another cause). Nursing homes were hoping that the plaintiff would chose the wrong type of case. The result...a deserving family who proved that poor care was provided to their loved one...gets no recovery!

We have always taken the position that it is for the jury to decide whether the resident died from the poor care or was just severely injured from the poor care. It appears that courts are starting to see the issue our way!

MEDICAL DEBRIS LEFT IN PATIENTS' BODIES

This is a little difficult to explain. How can a surgeon leave a piece of a surgical scalpel inside a patient? Why does a doctor leave in a removable blood clot filter in a patient for years? How about leaving a needle in a female patient's breast for years causing great pain and discomfort?

All of these things happen and this story from MSNBC provides the details.

I agree that lawyers who file frivolous medical negligence cases should be reprimanded...but what about the health care professionals responsible for these inexcusable acts of negligence?

DOCTOR FRAUD

I read an article today about a doctor that lost his license in one state - then to go to another state, and assume the name, license and practice info of another doctor. Did he get caught? Yes. Did he got to jail? Yes. But what happened to his patients?

Read it all at Legal Juice.

A MIRACLE DRUG FOR PROSTATE CANCER?

Finasteride - some cancer specialists believe the drug can reduce the risk of developing prostate cancer by 30 percent. The drug is available from Merck & Company, as Proscar, and from six companies as a generic to shrink the prostate in older men whose prostates can enlarge, making urination difficult. The drug is available as a generic for about $2.00 a day, and millions of men safely take it now to shrink their prostates, its approved use. So what is the issue?

Prostate cancer is unlike any other cancer because it is relatively slow-growing and while it can kill, it often is not lethal. Many cancer specialists say a major problem is that men are getting screened, discovering they have cancers that may or may not be dangerous, and opting for treatments that can leave them impotent or incontinent. Read about the issue in this article from the New York Times.

So the question is: do we offer a drug to prevent the consequences of overtreatment? Think about it!

OHIO NURSING HOME SAYS IT IS LOSING MONEY

I ran across an article about a nursing home in Columbus, Ohio (Wexner Heritage Village) which complains it is losing money caring for Medicaid patients.

Wexner Heritage Village is shrinking its popular nursing home but adding assisted-living and home-care services to attract those with private insurance, while still trying to adhere to its mission of serving the Jewish poor. Why? Because it is "losing" $80 per day caring for Medicaid patients.

I have two observations/comments: First, Medicaid reimbursement payments are determined by each state and if they are insufficient then pressure should be brought to bare on state legislators. Second, I don't believe for one minute that nursing homes are losing money on Medicaid patients. The last time I heard that complaint here in Virginia, I learned that part of the facility's overhead was an outrageous monthly rent payment which was paid to the same individuals who operated the facility! Basically, the owners were skimming off the profit in the form of rent payments so they could say that the nursing home was not very profitable.

How gullible do these guys think we are?

ONE DOCTOR'S STORY ABOUT TORT REFORM

I hear it all the time...."we need to stop these greedy lawyers from filing meritless cases against caring medical professionals." In my opinion, there are few frivolous cases filed against doctors and hospitals - it is just too expensive and difficult to file worthless cases.

But the reason for this post is to urge you to read about one tort reforming doctor's take on the issue. Arnold Wax, MD is a medical oncologist practicing in Nevada. Dr. Wax's article from Medical Economics entitled, "The Downside of Tort Reform," might just open some eyes!

VIRGINIA JURY AWARDS $350,000 IN MEDICAL MALPRACTICE CASE

A Henrico County, Virginia jury has awarded a Richmond woman $350,000 in damages after an operation almost four years ago left her seriously injured. The defendant, Dr. Gregg A. Valenzuela, had removed intestinal polyps in September 2004 from then 66-year-old Margaret C. Dennis, leading to severe bleeding.

The jury found that Dr. Valenzuela (a gastroenterologist) failed to obtain informed consent from Ms. Dennis, who believed she was simply undergoing an examination, according the patient's lawyer. Evidence was presented at trial revealed that Ms. Dennis almost bled to death and required hospitalization for 30 days after the procedure.

Interestingly, Dr. Valenzuela was reprimanded by the Virginia Board of Medicine in Nov. 2007 in connection with two operations in 2004 involving placement of pain-relief pumps set to excessive dosage levels. One patient died from "acute hydromorphone poisoning," according to an autopsy. The other patient went into respiratory arrest but recovered in the intensive care unit. It is unknown whether the jury was informed of this information in connection with Ms. Dennis' claim.

My take: There are no guarantees in life but you better make sure to fully investigate your doctor before agreeing to undergo significant procedures and surgeries.

BE CAREFUL OF THE ADS

We would be ashamed if our local hospitals ran ads with "specials / discounts / or "coupons," wouldn't we? Open the paper and you see a coupon, for "1 cardio-cath, get the angioplasty free" - or, half off mammograms until Labor day... Perhaps the ads would reminded us that hospitals are most often for profit businesses. We distrust car dealers when they say it is a deal you can't miss, and do not want to create an industry of distrust regarding the prices set by hospitals.

So I am glad no such ads exist, but when I opened my local paper this morning, there was such an ad for a local assisted living facility. Sign a 1 year contract now, and get a free HD TV and a 1 month free! Wow I thought - who is that supposed to entice? My relatives who could benefit from 24 hour monitoring, medication management or food prep, wouldn't be all that impressed by a free tv - but a younger generation would be. Is this supposed to be a ploy so the 30 and 40 year olds encourage their folks to move into an assisted living facility? It makes me sad - for more reasons than I can express here.

Hey Assisted Living Facility - your goal is to provide care - can't you at least pretend it isn't to make money?

HEPARIN RECALLED BY FDA

Heparin is a anticoagulant commonly used in the treatment of deep vein thrombosis (DVT). Although called a "blood thinner,"Heparin does not actually thin your blood.

The Food and Drug Administration (FDA) has now issued a recall of injectable Heparin products and Heparin flush solutions that may be contaminated with oversulfated chondroitin sulfate (OCSC). The action is the result of numerous reports of deaths associated with allergic or hypotensive symptoms after Heparin administration.

If you loved one is in a hospital or nursing home, make certain they are not receiving any of the recalled Heparin products....it might just save their life!

WHAT DO DOCTORS THINK ABOUT ASSISTED LIVING FACILITIES

Assisted Living Facilities are not health care providers in Virginia. Well, what I mean is, they are not legally health care providers, although they often do assume the duty to provide health care. So what do physicians think about these facilities?

The American Geriatrics Society says the following about Assisted Living Facilities :

The following principles are essential to realizing the potential benefits of ALFs
1. ALFs have a responsibility to provide complete information to prospective residents to assure that an appropriate match is made between resident and facility.

2. Residents entering an ALF should have a baseline evaluation, completed within 30 days of their admission, of their physical, medical and psycho-social needs, and a detailed review of all medications, prescription, non-prescription, herbal and other remedies, completed by a qualified, licensed practitioner experienced in the care of older adults. This culturally sensitive evaluation should be the basis for the development of a care plan that indicates resident physical and psycho-social needs along with resident preferences for treatment and strategies for meeting identified needs. This care plan should be available to the resident and to the ALF staff. The ALF should clearly indicate, preferably prior to admission, the specific elements of the care plan that the ALF will meet and is willing to accommodate as well as the responsibility of the resident/family.

3. ALF staff should be knowledgeable and skilled in carrying out important components of geriatric care, including, but not limited to, safe medication administration, falls prevention, incontinence care, communication techniques, dementia care, skin care, and able to recognize the changes that can signal acute illness, delirium, and depression.


4. A primary care provider (includes geriatric nurse practitioners as well as physicians) experienced in geriatrics care should be available within each ALF to help direct staff in optimizing outcomes for each resident.

5. ALFs need to become aligned with other facilities, providers and systems of care to produce optimum outcomes for seniors.

WOW - These are great goals... I wish Virginia Assisted Living Facilities had these goals!

NURSING HOME CAUSES DEATH IN VA

MontVue Nursing Home has denied culpability in its legal response to a $10 million wrongful death lawsuit filed against it last month.

"Shenandoah resident Joyce Smith sued MontVue’s parent company Shenandoah Valley Care Inc. after her mother, Joyce Earline Bigelow, a former patient at MontVue, died of complications from a fall last October. The suit alleges that MontVue staff disregarded repeated instructions from Bigelow’s family and doctor by letting her attempt to use the restroom unassisted. This action, the lawsuit states, resulted in Bigelow’s fall and injuries that caused her death several weeks later. Smith’s lawsuit, filed by Luray attorney Jason Spitler, seeks $5 million in compensatory damages and $5 million in punitive damages," according to reporter Andrew Jenner of the Harrisonburg Daily News.

Although they will not get $10,000 according to VA State law - the lawsuit is making a statement. And that statement is clear - you don't do what you know is right, and people get hurt, and families destroyed.

VIRGINIA VICTIMS OF MEDICAL MALPRACTICE ARE AT A DISADVANTAGE

Many of my friends are unaware of the "special protection" enjoyed by physicians and hospitals in Virginia. For example, if one of my friends gets drunk and kills a father (with an unemployed wife and 4 children) in an automobile accident...a jury may award full and complete damages to the family for their loss. Those damages include not only pain and suffering and the loss of a loved family member, but also compensation to the family for the loss of their father's income. Lets say he earned $65,000 per year and expected to work another 35 years - it adds up to a very large number!

Now, compare what happens when a doctor's negligence results in the wrongful death of her patient or (worse) results in the patient becoming comatose for the remaining 30 years of their life and requiring $150,000 per year in medical care. In this case the family who lost their father doesn't recover the full measure of their damages...they are limited by law in Virginia (the cap for negligence occurring today is $2 million).

It is not fair and it is not necessary! The cap on damages in medical malpractice cases is wrong! Kudos to the Roanoke Times for shinning light on this unfair law. It is time to treat doctors and hospitals just like everyone else!

INJURYBOARD - WHAT IS IT?

I am a trial lawyer and represent individuals, families, and consumers of health care. Although I do not always agree with my colleagues who make up the trial bar, by and large I am proud of my profession and what trial lawyers have done for the "little guy" in America. Fighting for open government, stricter laws on tobacco and lead paint manufacturers. Holding Corporate America accountable for building dangerous automobiles, selling defective and poorly researched medications and pharmaceuticals and the list goes on and on and on....

I recently joined a national group of like-minded lawyers called "InjuryBoard" and the purpose of today's post is to share with you some information about this group and the wealth of information it provides to the average American.

InjuryBoard is a growing community of attorneys, media professionals, safety industry experts, and local activists, committed to making a difference by helping families stay safe and avoid injury, and helping those who are injured get the assistance they need to move on with their lives after an accident. It provides its visitors with up-to-date safety and injury news, legal analysis by a nationwide network of attorney bloggers, and an encyclopedia of practical information to help families understand important life-issues surrounding accidents and injuries.

I encourage you to take a look at the InjuryBoard web site and add it to your list of valuable information sites on the Web.

LOOKING BACK - LOOKING AHEAD

Lauren and I started Legal Medicine about 2 years ago! At the beginning, we really didn't know much about blogging and had no idea how we could write anything people would want to read.

It is with that background that we shared with our readers our 750th blog post this week! That is right...750 blog articles on issues we see every week in our medical malpractice and nursing home abuse practice, as well as issues raised in the news!

We have received some interesting comments over the last 2 years...and not all agreed with us! But at least we have attempted to write on issues and matters which collide at the intersection of Law and Medicine - issues which sometimes collide with great force and importance.

We are committed to continue Legal Medicine and, for the most part, enjoy making the time and giving the effort to keep our content fresh and current. We also welcome topic suggestions (and reactions) from our readers....because it is the give and take of this form of Internet communication which makes Legal Medicine a worthwhile project.

Dan Frith and Lauren Ellerman

ASSISTED LIVING FACILTY EVICTING 99 YEAR OLD

I don't make these things up...though it is hard to believe these types of stories are true!

An assisted living home in Sumner, Washington is trying to evict a 99-year-old resident who has exhausted her life savings and now depends on Medicaid. Cordelia Robertson has lived at Franklin House for 10 years, but the home says it doesn't have a space for another resident on Medicaid, which pays less. The company says she owes nearly $20,000.

What is the solution? First, increase the amount which Medicaid pays for assisted living care. Second, require the assisted living facility to keep the resident in return for the guaranteed payment by Medicaid. Hospitals which treat patients who are Medicare beneficiaries cannot bill the patient more than what Medicare will pay so why should assisted living facilities who accept Medicaid patients expect more?

My opinion: If Franklin House is allowed to evict Mrs. Robertson they should be required to refund to the state of Washington every dollar it accepted in Medicaid payments over the last 10 years!

HEY VIRGINIA - LOOK WHAT MARYLAND IS DOING TO PROTECT THE ELDERLY!

The Virginia General Assembly has done very little to protect the health and safety of its elderly. For example, advocacy groups have pushed for years to get Virginia to establish minimum staffing requirements for nursing homes. It is without question that the best care can only be provided when the facility has a sufficient number of well-trained nurses caring for residents.

It appears that the legislators from Maryland care more about their elderly than our Virginia politicians. Governor Martin O’Malley signed bills to establish a one-year task force on long-term care finances and to speed up the approval process for long-term care under state Medical Assistance. He also signed a measure that would expand the transparency of nursing home licensure. Advocates have cried out against corporations buying nursing homes.

Another piece of legislation in Maryland requires companies seeking state nursing home licensure to prove they can deliver quality care by meeting medical and financial standards — and to clearly spell out who owns and manages the nursing home.

KUDOS TO MARYLAND!

Mental Health - a broken system

I bet if you think about it, some member of your family, or a close friend, has had to deal with Virginia's Mental Health System. Either a child with severe disability needs to attend a state or private school, a teenage girl with suicidal thoughts, young adult male with schizophrenic delusions - many more than you realize will have to navigate the system. Mental Commitment hearings / hospitalizations / medications / restraints / abuse / loss of rights and dignity - all very real and life changing.

I ran across a great blog today that gets to the meat on so many of the issues - legal process / medication / etc. Check it out - it may be a good resource, even if you don't agree with the bent, it has some super information and commentary - http://hymes.wordpress.com.

THE US SUPREME COURT: TAKING AWAY YOUR RIGHTS

I always pull for the underdog! I am suspicious of Big Business and those who work to make sure Big Business avoids accountability!

Take the U.S. Supreme Court's recent decision (Riegel v. Medtronic) on preemption - the concept that federal law controls over applicable state law - should concern us all. The court ruled that state tort claims against manufacturers of certain medical devices are preempted by federal law. The court reasoned that since the product at issue had been approved by the Food and Drug Administration (FDA) a plaintiff injured by the product could not bring a lawsuit based upon their state law. That is right...the same FDA who has failed to protect the American public multiple times (tobacco, medications, contaminated food products and on and on and on...).

If you have 5 minutes take a look at this compelling story about how preemption affected this doctor's life.

Dementia, Mental Capacity and Nursing Home Seminar

Knowledge is power..... and there are few areas where knowledge is more important, than the law, legal rights, and resources when making long term care decisions.

Dr. Gary Oberlender, board certified geriatric physician, joins the Frith Law Firm in presenting a FREE SEMINAR, June 24, 2008 - at 5:30 pm. We have applied for CLE Credit, and if granted, a $20 fee for credit will be applied.

The Seminar will include dinner, and the following most important issues will be discussed:

Dementia Diagnosis and Mental Capacity, by Dr. Oberlender

What every family needs to know before placing a loved one in a nursing home, by Lauren Ellerman, Esq.

Seven Deadly Sins of Nursing Homes, by Dan Frith, Esq.

Seats are limited (as dinner will be served) so please reserve your seat today by calling Gail at 540-985-0098 or emailing, lellerman@frithlawfirm.com

The Seminar is written for legal professionals, social workers, health care professionals - and anyone having to make difficult long term care decisions.

We hope you will invite your colleagues, and join us for this most important topic.

SURVIVING SPOUSE SYNDROME

You may have never heard of it but we often see this (until now) undocumented condition. When does Surviving Spouse Syndrome occur? When one spouse dies leaving the surviving spouse to fend for themselves. What happens to the surviving spouse who develops this "syndrome"? Their health declines quickly and they need help.

The likelihood of nursing home admission is three times higher within one month of the loss of a spouse, say researchers at the University of Helsinki, Finland. After one to five years, the rate of admission is roughly 20% to 50% compared with living couples! The grief caused by the loss of a loved one may affect a person's ability to perform daily activities. Depression, anxiety, loss of sleep and appetite, fatigue and diminished concentration are all associated with extreme grief and are all potential causes to seek care from a nursing home.

Read the full study in the online version of the American Journal of Public Health.

$3.5 Mill VIRGINIA MED MAL CASE~

Our congratulations go to Attorney Pat Fennell and his client - who received an award of
$3.5 million this week in Clifton Forge Virginia, for negligent medical care that lead to a foot amputation.

Read more at Roanoke.com - Breaking News:

A Roanoke jury has awarded a $3.5 million verdict to a Clifton Forge woman who sued her podiatrist over a 2003 surgery that she says caused incurable chronic pain and the amputation of the front of her right foot. Donita R. Franklin likely won't receive that full sum, as Virginia has a cap on medical malpractice awards of $1.6 millon. Her attorneys said her medical bills and lost wages totaled $2.5 million. Paul Kuhnel, attorney for Dr. Jennifer Feeny of Shenandoah Valley Podiatry in Troutville, said his client hasn't decided yet whether to appeal the verdict, which came down Friday evening after a four-day trial. He said Feeny's defense argued that she performed the bunion surgery correctly, and that Franklin's chronic pain was a rare but unpreventable complication. Patrick Fennell, Franklin's attorney, said Feeny made a number of mistakes and failed to notify her client as to how serious the procedure, which involves shaving and cutting into bone, would be.
Roanoke Times Reporter, Mike Allen