Friday, February 27, 2009

MEDICAID SPEND DOWN

Let me guess... Someone just told your family that (1) nursing home is $6000 a month; (2) you have to spend your own money before you can qualify for Medicaid; (3) if you spend your Money incorerctly, you may not qualify for Medicaid.

WELL - HERE IS MY ADVICE. Find a Medicaid attorney in your area. Someone who knows the state laws and can advise you how to spend down your money.

People will tell you all these crazy things - 5 years, 3 years, buy a car, sell the house. Don't guess, hire a professional.

Thursday, February 26, 2009

SORRY - PROTECTION FROM TESTIFYING

Dan wrote an article yesterday on the last minute Bush Administration change that made nursing home federal investigators "employees" such that they cannot testify in civil suits.

Think Dan was making it up? Watch this

Wednesday, February 25, 2009

BUSH ADMINISTRATION MAKES IT HARDER FOR VICTIMS OF ELDER ABUSE

No...the title of this post is not an over statement! The Bush administration shut off a source of information last fall about abuse and neglect in long-term care facilities that people suing nursing homes consider crucial to their cases. The change, which affects the $144 billion nursing-home industry, was enacted with no public notice or attention.

The rule designates state inspectors and Medicare and Medicaid contractors as federal employees, a group usually shielded from providing evidence for either side in private litigation.
The restrictions affect about 16,000 nursing facilities and 3 million residents in the United States. The practical effect is to force litigants to go to greater lengths and costs to get inspection reports or depositions for cases they are pursuing or defending.

In Virginia, families can file a complaint with the state which results in an investigation of the nursing home. At the conclusion of the investigation, a report of the findings is made available to the family or resident who filed the complaint. If a lawsuit is subsequently filed, the information uncovered by the investigator can prove crucial to the success of the victim of the abuse.

My Question: Why would the Bush administration (remember "compassionate conservatism") do this to the victims of elder abuse? Could money be the explanation?

Monday, February 23, 2009

ORENCIA - the RA DRUG ADVERTISED DURING THE OSCARS

I am tired this morning - for one reason. I stayed up to watch the OSCARS. For an East Coast girl on a Sunday night, this requires dedication.

I cheered for my favorite movies, actors etc - and over the course of the evening, I became obsessed with something not connected to the show... The commercials for Bristol-Myers Squibb's (BMS) new Rheumatoid Arthritis Drug, Orencia (c). The Commercial (which aired many many times) showed a younger woman holding a blue card that said ORENCIA PROMISE PROGRAM. She said that BMS would pay for your co-pay of the medication for 6 months!

SERIOUSLY? Well I am a skeptic, but I looked it up. According to the drug's website www.orencia.com, if you sign up you must have health insurance (not a governmental funded program), must not live in Massachusetts, and must receive a specific number of infusions. If you don't like the medication there is a way you can get a refund or rather $500 toward another medicine.

This new program raises all sorts of questions for me:

1. Are you really signing up to be in a study?
2. Won't your health insurance company put a lien on that $500 since they paid for the drug for many months?
3. Do you have to have a prescription before you can sign up for the "PROMISE" Program?

Well - apparently the answers to the above questions are (1) NO (2) MAYBE and (3) NO!
You can sign up without ever having received a prescription.. Then you go to your doctor and say "Give me this, I have a free co-pay.." Then what if she refuses?

This is where I see a conflict. Patients signing up for medications and pressuring their physicians.

We will see. I would love to hear from anyone on the program or doctors who have been asked to prescribe because of free co-pays.

Friday, February 20, 2009

DOCTORS DEMAND SILENCE!

If this story wasn't so disturbing it would be funny!

Nationwide, about 2,000 doctors have joined Medical Justice, a Greensboro, North Carolina company that provides the forms to patients, who by signing, essentially agree to forego their right to post negative comments about doctors on the Internet. Medical Justice founder, neurosurgeon, Dr. Jeffrey Segal, founded the company in 2002 to prevent so-called “frivolous lawsuits” a favorite phrase of the business-backed tort reform campaign.

I am a proud member of a national group called InjuryBoard. This group 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.

Please read InjuryBoard's take on "Doctors Demand Silence."

Thursday, February 19, 2009

BLOOD THINNERS - A WORLD OF PROBLEMS

We had a case last year where a woman went to a Nursing / Rehab facility after a Knee Replacement for rehab. Of course, her orthopedic surgeon felt that Blood thinners would be a good idea to prevent problems such as clots while she underwent therapy.

When the woman arrived at the nursing home, the NH physician ordered a different dose of blood thinners. The nurse, didn't write either order down - so our patient went weeks without blood thinners. Someone realized the mistake, ordered a dose, and scheduled to take the patients PT/INR. (PT/INR stands for Prothrombin time (PT) which evaluates the ability of blood to clot properly, it can be used to help diagnose bleeding. INR stands for The International Normalized Ratio (INR) is used to monitor the effectiveness of blood thinning drugs).

When her PT/INR was not within the accepted range, the blood thinner dose was changed. This process of course takes days: 1. blood test day 1. Lab result day 3. Change dose day 4, etc.

The sad conclusion was that our patient had a blood clot that became a pulmonary embolism, which eventually took her life.

Today's Wall Street Journal cites a new report in the New England Journal of Medicine, that claims genes could influence what would be the ideal dose of an anti-coagulation medication.

One argument against testing patients genetic code, is cost. Apparently it costs $400 per test. Well I would argue, the 12 hours our client spent in ICU and the emergent attempts to stop the blood clot from spreading to her lungs, likely cost more than $400. The physician's attorneys fees certainly cost more than $400 and the value of my client's life, could never be measured.

Wednesday, February 18, 2009

DEADLY SURGERIES

Wow - opened today's Wall Street Journal and read a scary article about horrific surgical incidents. What do I mean? Well - imagine sparks from surgical tools starting a fire that consumes gowns, drapes and beds within seconds.

Sounds like a terrible movie - but apparently it does occur. How much? Well that no one is sure of yet. Next year facilities will be forced (if they want to maintain level of Medicare funding) to report these incidents. Until there is hard data, I imagine they are more urban legend, a few stories here and there.

And who is at fault if such a fire occurs or burn? I think of the Ford Roll-over cases. Large vehicle without the right tire pressure. Think surgeon using tool too much - or too long and the tool overheats, or rather, what it the tool isn't serviced correctly.

Anyway, scary proposition and one I hope never actually happens again.

DANVILLE - MARTINSVILLE AREA NURSING HOME SEMINAR

My law firm, along with Dr. Gary Oberlender, a board certified geriatric specialist, is happy to announce a free seminar in Danville, Virginia on February 26.

MEDICAL LEGAL SEMINAR - IMPORTANT NURSING HOME ISSUES:
Open to the public
February 26, 2009 5:30 - 7:00 PM
Institute Conference Center, 150 Slayton Avenue, Danville VA

The topics to be discussed include:

Diagnosing Dementia in Seniors – and Decision Making Capacity.
Presentation by board certified geriatric physician Dr. Gary Oberlender.

The Seven Deadly Sins of Nursing Homes – Common patient errors and what you can do to prevent them. Presentation by the Frith Law Firm, discussing common medical errors in nursing homes, as well as how family involvement can help prevent mistakes.

What Every Family Should Know Before Placing a Loved One in a Nursing Home. Presentation by the Frith Law Firm, discussing common medical errors in nursing homes, as well as how family involvement can help prevent mistakes.

The event is free, and open to the public. Refreshments will be served. To reserve your seat, please call Frith Law Firm by February 20, 2009 – at 540-985-0098, or via email at lellerman@frithlawfirm.com

Tuesday, February 17, 2009

SERIOUS PERSONAL INJURIES IN ROANOKE

We do serious personal injury Work as well as Med Mal and Nursing Home Abuse. These are often very complicated.

I used to think car accidents were simple - (1) someone else at fault; (2) you make a claim with their insurance company and (3) they pay you for your bills and property damage.

Sadly, such an efficient system does not exist. We often see cases where state police say (1) no one is at fault or (2) where the other party is at fault according to a traffic judge, but the insurance company denies liability.

So what should a person do then? They have few options. Insurance companies don't change their minds - so often you have to file suit.

Sometimes the evidence is so damaging against you however, that proving liability (or fault) is next to impossible. We see this often with pedestrian cases. If the pedestrian was in the street when she should not have been, you may not recovery because a jury may find the pedestrian was at fault.

So - serious personal injury cases can be very tricky, and sometimes, no matter how you have been harmed, we don't recommend filing suit.

Monday, February 16, 2009

DEMENTIA SEMINAR NEXT WEEK IN DANVILLE, VA

Open to the public - MEDICAL LEGAL SEMINAR

February 26, 2009
5:30 - 7:30pm
Institute Conference Center, Danville VA

WANT TO ATTEND A FREE MEDICAL LEGAL SEMINAR - WHAT EVERYONE SHOULD KNOW BEFORE PLACING A LOVED ONE IN A NURSING HOME?


Diagnosing Dementia in Seniors – and Decision Making Capacity
Presentation by board certified geriatric physician Dr. Gary Oberlender.

The Seven Deadly Sins of Nursing Homes – Common patient errors and what you can do to prevent them
Presentation by the Frith Law Firm, discussing common medical errors in nursing homes, as well as how family involvement can help prevent mistakes.

What every family should know before placing a loved one in a nursing home.
Presentation by the Frith Law Firm, discussing common medical errors in nursing homes, as well as how family involvement can help prevent mistakes.

The Event is free, and open to the public. Refreshments will be served. To reserve your seat, please call Frith Law Firm by February 20, 2009 – at 540-985-0098, or email, lellerman@frithlawfirm.com

Thursday, February 12, 2009

WHAT IS NURSING HOME "NEGLECT," REALLY?

According to the Virginia Administrative Code - Nursing Home Neglect is "failure to provide timely and consistent services, treatment or care to a resident or residents, that are necessary to obtain or maintain the resident or resident's health safety or comfort; or a failure to provide timely and consistent goods and services necessary to avoid physical harm, mental anguish, or mental illness."

Nursing Home Abuse is much different. Abuse is defined as "willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish, or deprivation by an individual, including caretaker, of goods or services that are necessary to attain or maintain physical, mental or psychological well being. This includes verbal, sexual, physical, or mental abuse.

Abuse is easy to identify. But neglect can come in many forms. Failure to provide medications, failure to prevent falls, failure to provide PT when ordered by physician.

Please do not hesitate to call our office if you suspect abuse or neglect of a loved one an a Virginia or West Virginia nursing home.

Wednesday, February 11, 2009

LIFE INSIDE A ONE STAR NURSING HOME

Most of the readers of this blog are well aware of Medicare's new Five Star Rating system for nursing homes. Do you want to know what life is like for residents of facilities who receive the lowest rating (one star)?

The lobby smelled of urine. In one room, investigators found a 97-year-old woman, lying in her own waste. She had severe bruises on her arm, foot and both legs that the staff could not immediately explain. Another resident had a bed sore larger than a golf ball and dripping blood. According to the Chicago Tribune, this was life in one of Illinois' "one-star" nursing homes.

Wonder what life is like in the one star nursing homes near my hometown of Roanoke, Virginia? Those one star facilities include:

Avante at Roanoke
Raleigh Court Healthcare Center (Owned by Medical Facilities of America)
Berkshire Health and Rehabilitation Center (Owned by Medical Facilities of America)
Friendship Health and Rehabilitation Center (Friendship Manor)
Pheasant Ridge Nursing and Rehabilitation Center
Virginia Veterans Care Center
Salem Health and Rehabilitation Center (Owned by Medical Facilities of America)
Brian Center Health and Rehabilitation

Tuesday, February 10, 2009

ARE YOU SURE THAT IS YOUR MEDICATION?

Friends - this happens more than you think. Nursing home residents get the WRONG medication, or a roommate's medication, or the wrong amount.

Please be diligent about discussing medication with the NH staff. If your loved one says they are giving them new pills, you as responsibility party, should have been made aware of this.

Getting the wrong medication could be life threatening -

Monday, February 09, 2009

ANOTHER ELDERLY RESIDENT LEAVES FACILTY - ANOTHER DEATH

How many times do we have to read about a nursing home (or assisted living facility) resident who, due to dementia or Alzheimer's disease, walks out of a facility and is later found dead?

The most recent report of this preventable tragedy comes from Cincinnati, Ohio. Dorotha Gifford, an 87-year-old woman, left a secured nursing wing at a Fairfield assisted living center and later died after being found in the cold. A spokesperson with HCR ManorCare, the owner of Heartland of Woodridge where Gifford was a resident, stated "In accordance with federal and state laws and regulations, we are not permitted to discuss individual residents who reside or have resided in the facility due to our commitment to patient confidentiality and resident rights.

Baloney! I will tell you why this resident died. She died because the facility did not have enough nurses to watch over the residents...she died because the facility did not have working door alarms which would alert staff to unauthorized departures...she died because this facility, like many others throughout the United States, placed profits over caring for its residents.

Friday, February 06, 2009

WHO IS TO BLAME?

This week I posted a blog about the Salmonella peanut butter issues. I asked the question "Who is to blame?" The Health dept? Cleaning crew? Workers? Apparently - the insurance company who supposedly insures the Peanut Company who made the product, is asking a local federal court to say whether they have to pay for the salmonella claims.

Now - I know that sounds strange, but think hurrican Katrina. Insurance companies said - "we didn't insure you for flood damage, so, sorry, but we aren't paying." Hartford insurance is now claiming "sorry, we don't insure you for salmonella, you are on your own."

This makes the entire situation more complicated. Two families have filed wrongful death suits related to the salmonella - what if the insurance company doesn't have to pay? Think the Lynchburg VA company has $1,000,000 in cash laying around for a rainy day lawsuit? NO - they have insurance.

So this may mean the families with legitimate claims, cannot recorver. Afterall, you can't get blood out of a turnip, or money out of a company with no assets.

Thursday, February 05, 2009

WHAT ARE THE BEST NURSING HOMES WITHIN 50 MILES OF COVINGTON, VIRGINIA?

The answer is provided by a new "5 Star Rating System" provided by Medicare. When using the Medicare site...select "Find and Compare Nursing Homes"....then select "Find Nursing Homes within certain distance" of a zip code or identified city.

The nursing homes receiving the highest ratings include:

The Woodlands - Clifton Forge, Virginia

Pocahantas Center - Marlington, West Virginia

The nursing homes receiving some of the worst ratings include:

Brian Center Nursing Care - Low Moor, Virginia

White Sulphur Springs Center - White Sulphur Springs, West Virginia

The Springs Nursing Center - Hot Springs, Virginia

Brian Center Health and Rehabilitation - Fincastle, Virginia

Greenbrier Manor - Lewisburg, West Virginia

The Brier - Ronceverte, West Virginia

Carrington Place at Botetourt Commons - Daleville, Virginia

Heritage Hall - Lexington, Virginia

Salem Health and Rehabilitation - Salem, Virginia

Berkshire Health and Rehabilitation Center - Vinton, Virginia

Avante at Roanoke - Roanoke, Virginia

Pheasant Ridge Nursing and Rehabilitation Center - Roanoke, Virginia

My Take: Be an informed consumer of health care and do your loved one a favor....check out the nursing home BEFORE you decide what is best for a family member.

Wednesday, February 04, 2009

NURSE MIDWIVES: PART TWO

My post on February 2 about Nurse Midwives sure stirred up a hornets' nest!

I cannot respond to all of your comments but do want to add the following to our "discussion:"

1. I spend a great deal of my professional time representing pregnant mothers and other consumers of medical care in medical malpractice cases. As a result, I have seen (specifically, in-depth review of medical records) more deliveries than any of my critics, except for those in the health care profession who delivery babies on a regular basis.

2. Based on what I see everyday in my law practice, I am not a champion of the American health care system. It is too expensive and too fraught with error. Just check out where we rank in the world with other developed countries.

3. I believe a woman should have the right to deliver at home. My wife did not and we probably would have lost both of our sons had she chosen to give birth at home. Unanticipated complications arose during both of my sons' birth which required medical services only a physician could provide in a hospital setting.

We may just have to "agree to disagree."

WHAT ARE THE BEST NURSING HOMES WITHIN 50 MILES OF LEXINGTON, VIRGINIA?

The answer is provided by a new "5 Star Rating System" provided by Medicare. When using the Medicare site...select "Find and Compare Nursing Homes"....then select "Find Nursing Homes within certain distance" of a zip code or identified city.

The nursing homes receiving the highest ratings include:

Benjamin Borden Health Center - Lexington, Virginia

The Woodlands - Clifton Forge, Virginia

Westminister-Canterbury - Lynchburg, Virginia

Summitt Health and Rehabilitation Center - Lynchburg, Virginia

Bedford Nursing Home - Bedford, Virginia

Summit Square - Waynesboro, Virginia

What about the worst nursing homes? The following facilities received the worst ratings:

Brain Center Nursing Care - Low Moor, Virginia

The Springs Nursing Center - Hot Springs, Virginia

Medical Care Center - Lynchburg, Virginia

The Carrington - Lynchburg, Virginia

Brian Center Health and Rehabilitation - Fincastle, Virginia

Grace Lodge - Lynchburg, Virginia

Lynchburg Health and Rehabilitation Center - Lynchburg, Virginia

Kings Daughters Community Health and Rehabilitation - Staunton, Virginia

Avante at Waynesboro - Waynesboro, Virginia

My Take: Be an informed consumer of health care and do your loved one a favor....check out the nursing home BEFORE you decide what is best for a family member.

Tuesday, February 03, 2009

DEATH IN VIRGINIA NURSING HOME MAY BE LINKED TO SALMONELLA

We have been reading for weeks about the peanut butter from Georgia tainted with salmonella bacteria....well now it appears a resident in a Virginia nursing home may have died from consuming the peanut butter.

Hester C. Fields, 78, of Kingsport, died at the Brian Health & Rehab Center in Weber City after suffering a high fever and diarrhea for nearly a week. Doctors initially suspected Hester Fields suffered from pneumonia. On November 23, Fields was rushed to Indian Path Medical Center in Kingsport, Tennessee after her fever spiked to 105 degrees and following a week of diarrhea and vomiting. On November 26, two days after Fields' death, culture tests revealed that salmonella had tainted her blood. Four days later, the Virginia Department of Health telephoned her daughter with the news that salmonella had been found

Abdominal cramps, diarrhea and fever are the main symptoms of salmonella poisoning, according to the U.S. Food and Drug Administration. Salmonella is most toxic with infants, the elderly and people with impaired immune systems.

Jeanie Fields, the decedent's daughter, suspects her mother contracted salmonella from the peanut butter crackers – also called nabs – she said the nursing home staff provided to patients.

OBAMA AND THE FDA

FDA - The Federal Drug Administration, has a great deal of responsibility. Products, medicine, imports, exports - and now with a new President in the White House, we may see a review of how this huge governmental agency works.

Making the peanut butter issue personal, the President told press this week his daughter eats peanut butter for lunch many times a week. Like millions of other Americans, he doesn't want to worry about whether she is going to get sick as a result of eating her lunch.

And I don't want nursing home residents to get sick, or homeless shelter residents, college kids - anyone who eats the stuff. SO lets get it done - let's revamp the FDA and local health departments such that these accidents, are prevented, not just discovered after people have lost their lives.

WHAT ARE THE BEST NURSING HOMES WITHIN 50 MILES OF ABINGDON VIRGINIA?

The answer is provided by a new "5 Star Rating System" provided by Medicare. When using the Medicare site...select "Find and Compare Nursing Homes"....then select "Find Nursing Homes within certain distance" of a zip code or identified city.

The nursing homes receiving the highest ratings include:

Clinch Valley Medical Center - Richlands, Virginia

Heritage Hall - Wise, Virginia

What about the worst rated nursing homes? According to Medicare the list includes:

Grace Healthcare of Abingdon

NHC Healthcare - Bristol, Virginia

Francis Marion Manor - Marion, Virginia

Brain Center Health and Rehabilitation - Weber City, Virginia

Heritage Hall - Tazewell, Virginia

My Take: Be an informed consumer of health care and do your loved one a favor....check out the nursing home BEFORE you decide what is best for a family member.

Monday, February 02, 2009

MIDWIVES: A RECIPE FOR DISASTER

America (and particularly my home state of Virginia) is seeing an explosion in the number of midwives....and this is a bad trend! I see many complicated deliveries where a fetus becomes entangled in the umbilical cord or caught in the birth canal due to the large size of the fetus or the smallness of the mother's pelvis. Both of these situations are medical emergencies and require the immediate attention of well-trained obstetrician or maternal-fetal specialist in a hospital setting. These life or death situations do not, in my opinion, call for delivery by a widwife in the patient's home...where there is often inadequate time to transfer a patient to the hospital after a delivery becomes complicated.

I just reviewed the National Association of Certified Professional Midwives (NACPM) website which states as follows about how the state of Virginia is approaching the issue of midwives, "Midwives, consumers and supporters in the legislature had the amazing foresight to include an explicit reference to the NACPM Standards of Practice in the legislation to license CPMs in Virginia." The NACPM website goes on to state that Virginia did a good thing by making specific reference to NACPM standards, because otherwise the Virginia Board of Medicine would not know what standards are applicable.

What a bunch of hooey! Want to know what the NACPM's first identified "Philosophy and Priciples of Practice is? How about, "NACPM members respect the mystery, sanctity and potential for growth inherent in the experience of pregnancy and birth."

My Take: Virginians deserve better medical care...it's not a mystery people....its medicine!
Would you like to speak with someone at Frith Law Firm, to learn whether you have a nursing home neglect or medical malpractice case? If so, please do not hesitate to contact us using our toll free number, 1-866-985-0098 or visit us online at http://www.frithlawfirm.com/. You are also welcome to email us at info@frithlawfirm.com.

Frith Law Firm is located in Roanoke Virginia, but we practice in state and federal courts across Virginia, focusing on
medical malpractice and nursing home negligence.

Please contact us today for a
free case evaluation.