Tuesday, June 30, 2009

SEXUAL ASSAULT IN VIRGINIA NURSING HOME

Friends, this happens frequently.

Assisted Living and Nursing Home residents (mostly female but not exclusively) are victims of sexual assault.

I know of cases where staff, other residents, visitors etc. take advantage of these elderly persons.

In last week's Virginia Lawyer's weekly, our friend in Virginia beach Carlton Bennett obtained a great verdict for someone who was assaulted by a staff member.

The mentally retarded 56 year old male plaintiff was assaulted by a male staff person with a known history of assault. YES - you read that right. The facility hired someone with a criminal assault record.

And they acted surprised when this person forced himself upon a resident?

I know that people do awful things, but please be aware that sexual assault does happen in Nursing homes, assisted living facilities and adult care facilities in Virginia and West Virginia.

Frith law firm has handled similar cases in the past and while it is my hope and prayer there is never a need for our help (meaning no one is ever victimized again)... we are proud of those attorneys in Virginia standing up for the victims.

Monday, June 29, 2009

NEW PROGRAM FOR HCA HOSPITALS

HCA, the nation’s largest for-profit hospital chain, is rolling out a system-wide emergency-room screening program aimed at reducing the number of patients with non-emergent or non-urgent medical conditions seen at HCA facilities.


Under the program, a physician or specially trained nurse during an initial medical screening classifies an ER patient as “immediate or emergent,” “urgent,” or “non-emergent or non-urgent.” Non-emergent and non-urgent patients are shunted off to the registration department, where they can decide to stay for treatment but only if they pay. Patients with insurance must pay their insurance co-payment or deductible. Patients without insurance must pay a $150 facility fee up front. Non-emergent and non-urgent who decline to pay then leave without further treatment.


This is not a good idea. How many patients in need of immediate medical care will be pushed out the door? Wonder what effect this new policy will have on the HCA hospitals in Western Virginia which include Lewis-Gale Medical Center, Alleghany Regional Hospital, Montgomery Regional Hospital, and Pulaski Community Hospital ?

Tuesday, June 23, 2009

FRITH LAW FIRM SETTLES LAWSUIT AGAINST VETERANS ADMINISTRATION

We can all agree that the men and women of our armed forces deserve the very best in medical care upon returning home, can't we?

Everyone from our Vietnam vets, to those who are serving in Operation Iraqi freedom deserve care that is of the best quality. Sadly, if you read the news you know this has not been the case in the last few years.

Lawsuits for failing to clean colonoscopy tubes, Walter Reed hospital infested with rats.

Here in Southwest Virginia, our firm has successfully represented a veteran of the Iraq war, who underwent an orthopedic surgery stemming from an injury sustained while in the military. The surgeon (who as an aside, had been denied privileges at a local hospital because of a substance abuse problem prior to being hired by the VA) snipped a blood vessel during surgery. After the surgery, my client and his wife noticed significant swelling near the incision. Despite pain medication, my client suffered extreme pain.

Although the surgeon tried to discharge my client, his wife (thank god for her tenacity) refused to leave the VA stating her husband was in too much pain to go home.

Within the first 24 hours, my client's wife had done research and told the orthopedic staff she thought her husband was suffering from compartment syndrome. Compartment Syndrome happens, often after surgeries, when blood begins to fill the space between your nerves, bones etc - and eventually, the pressure begins to press on the nerves causing nerve damage.

Despite two days of insisting her husband was suffering from this medical phenomenon, the staff did little but monitor the wound and provide pain medication.

Finally, after 48 hours, when blood began to seep through the staples in his leg, a physician assistant encouraged a 2nd doctor to perform an emergency fasciotomy to relieve the pressure.

While the PA was correct, the delay in treatment caused permanent nerve damage.

This young Iraqi vet, just over 30 years old, is now on pain killers for the rest of his life, and suffers from a dropped foot - which prevents him from enjoying many activities he loves, like running, basketball etc.

Although we can't apologize for the care he received, and we can't undo the injury, at least he has enough money now to pay for the pain medication and possible surgeries.

After all, you can't blame him for not wanting to go back to the VA for follow up care.

Under the Federal Tort Claim Act, attorneys can only recover 20%-25% on suits against the VA. This means my client received 80% of the recovery, and he deserved every penny.

Please do not hesitate to call Frith Law Firm with questions about care received at Virginia Veterans Administration Hospitals. Although we cannot guarantee that this successful result will occur in every case, we are confident we can evaluate your case and advise your family appropriately.

DOCTORS FAIL TO COMMUNICATE TEST RESULTS

I have several friends who experienced medical problems and went to their doctor who recommended certain specific tests to determine just what was causing their symptoms. The test results were both "positive" and "negative" which meant both good and bad news for my friends. The problem is that neither the doctor nor his/her office promptly communicated the results of these tests to the patients. The result was that one of my friends spent a long time anxiously awaiting word on her test results.

Why does this happen and how frequently do doctors fail to promptly notify their patients of the results of important medical tests? Apparently it happens way too frequently...and a new study reveals that they often fail to notify the patient of the test results at all!

Last night NBC Nightly News ran a story on just this very problem. The report is based upon a recent study conducted at the Weill Cornell Medical Center. The shocking conclusion: 1 out of every 14 doctors failed to report the abnormal results of medical tests. The tests included blood studies, screening tests for colon cancer, pap smears, etc.

Use this little piece of information the next time you hear your colleagues and friends criticizing President Obama's call for extensive reform of the health care system in America.

Tuesday, June 16, 2009

ARE GENERIC DRUGS THE SAME?

I am blessed to be one of the many Americans with Health Insurance. My company sends me periodic magazines on general health issues.

This month, An Article appeared called "Are Generic and Brand-Name Drugs Really the Same?" The answer according to the article is YES, they are the same.... oh wait, I read it again. The Answer is YES, they should be the same as the FDA has the same chemical make up.

But with all things, I remain a little skeptical so did some additional research.

According to the website Dare to Dream about mental health issues,

"[...]The journal Clinical Therapy in both 2003 and 2004 noted that there is a difference between brand and generic medications. The journal Hospital Practice also looked at the differences between generics and brand benzodiazepines. The differences can, according to psychiatrists I've heard from, be as much as 20-30% in the bioavailability of the medication.

Simply put. this translates into the percent of a medication that can be absorbed and utilized. Some psychiatrists have noted that they've had to increase the dose of a generic as much as 50% to get the same effect they would get with the brand name.
As always, medication decisions should be a joint decision with your physician. The more the client understands her needs and her medications, the better the discussion and decision will be."


So while the generic is supposed to be the same, it may not always be the same. After all, different factory, different standards, shape, size, color. Generics may or may not work for you. It is important to find out if they do before you make the leap.

Dr. Gupta, CNN's Hot TV doctor wrote in his online blog last week that a "generic drug’s inactive ingredients — things that might affect how quickly a drug is released, the size and shape of the pill" could be different from the brand name.

He adds "If you do switch to a generic and notice you’re reacting differently, there are things you can do. You can try a different generic; there are often several versions of the same generic drug, like a two-tablet version of the same medication, instead of one. You can also have your doctor write “Dispense as Written” or “Do Not Substitute” on your prescription so that you can stay on the brand name, but you may end up paying more."

Good advice doc.

Friday, June 12, 2009

SOUTHWEST VIRGINIA NURSE ANESTHETIST IN THE NEWS

A nurse anesthetist, Alvin Earl Parkes, who worked for decades at Pulaski Memorial Hospital and Montgomery Regional Hospital (Blacksburg, VA) pleaded guilty Thursday to federal charges that he stole the medicine that was supposed to numb patients undergoing surgery.

Parkes admitted in U.S. District Court in Roanoke that between July and September of 2008, he removed fentanyl citrate from vials at Pulaski Community Hospital and replaced it with saline solution in an attempt to avoid detection.

What happened to those patients who received a "watered down" dose of fentanyl? For one, they experienced much more pain than they would have had they received the correct dosage of their pain medication.

My bet is that nurse Parkes had been wrongfully taken these medications for longer than 3 months.

Thursday, June 11, 2009

VIRGINIA HOSPITAL EMPLOYEE STEALING DRUGS

This is a great story about a local healthcare provider.

Roanoke Times reporter Mike Gangloff writes in a breaking news story, that a local anesthetist who worked for two of our largest hospital systems in the area, HCA and Carilion, plead guilty this morning for stealing drugs that were supposed to numb patients undergoing surgery.

It was alleged that during the summer of 2008, "Parkes removed fenanyl citrate from vials at Pulaski Community Hospital (HCA) and replaced it with saline solution in an attempt to avoid detection."

Although he has surrendered his RN license and is no longer working for either company, this is a serious issue.

I just finished a fictional book about a guy who breaks into nursing homes and steals Fentanyl patches off of patients due to a pain killer addiction. I laughed it off as fiction - apparently, its not to far from the truth.

NUDE PHOTOS TAKEN IN TENNESSEE NURSING HOME

These people need to go to jail! An investigation into the Pigeon Forge Care and Rehabilitation Center has revealed that employees of the facility were taking dozens of nude and partially nude pictures and videos of residents.

A 55-page document has been released by the Tennessee Department of Health outlining those incidents and others at the nursing home.

I cannot imagine what kind of person would so humiliate a fellow human being. Not surprisingly, this nursing home received the lowest possible quality rating given by Medicare.

Wednesday, June 10, 2009

FAIRNESS IN ARBITRATION - MAYBE NOW YOU GET WHY WE DON'T LIKE THESE THINGS

I was in the car yesterday (avoiding hail storms) when this news report came on - RAPE CASE HIGHLIGHTS ARBITRATION DEBATE.

I assumed it was an elder rape case involving nursing homes (since sexual assault sadly occurs in nursing homes) but was shocked to hear this lively, articulate young woman discuss her own assualt and tragic story.

Why are arbitration agreements unfair? Why do we fight them on behalf of Virginia families in Health care cases?

Please listen to the above report. If you think it is fair to waive your right to a jury, before any problem actually occurs, I would be happy to debate the issue.

Families are not often given any explanation when siging nursing home contracts. Just asked - "sign here."

Please tell your congressman or Senator to support the Act. Also, please read contracts before you sign them. Lastly, if you have a nursing home abuse or neglect case in VA - call an attorney ASAP so we can help you revoke the arbitration agreemnents before its too late!!

Monday, June 08, 2009

BED BUGS IN VIRGINIA MOTELS

I am back to the bed bug subject. I saw a lawschool friend this weekend that has some professional knowledge about these little "suckers. " She told me that in addition to looking under the mattress or in the linens, you should look in the bed side table drawers.

They like dark places - near where humans could be - and the bed side table makes sense.

She also told me they can travel from room to room through cracks in the doors, wall outlets, etc.

So as we pursue these bed bug cases against Virginia Motels, I am confident there will be more popping up.

So - if you are unfortunate enough to spend the evening in a Virginia motel along Interstate 81 or 95, with bed bugs, please do the following:

1. Save the bugs (plastic baggies are perfect)
2. Notify the Motel staff
3. Don't sign anything
4. Go to the doctor and tell them you saved a bug
5. Call our office. 540-985-0098 or 1-866-985-0098
6. Wash all of your belongings and put them in a hot clothes dryer to kill any stow away bugs
7. Wrap your suitcases in a trashbag and leave in a hot place to sufficate and cook any stowaway bugs


I traveled this weekend and you will not be surprised to learn I checked the bed and bed side tables before unpacking!

Thursday, June 04, 2009

VIRGINIA ASSISTED LIVING FACILITY IN THE NEWS FOR ALL THE WRONG REASONS

We place our family members in assisted living facilities and nursing homes because they are frail or sick and cannot take care of themselves. The facility should provide a safe place for the people in need of special care. Unfortunately, it doesn't always happen as shown by the results of a trial in Newport News, Virginia.

The case, filed by the sister of a 55 year old mentally disabled man who lived at the facility, was brought against the Cote De Neige Home for Adults and its owner, Rose Daniels Potter. The lawsuit claimed the home and Potter failed in their duty to exercise "reasonable care" when they hired Junious Boyd Batten, 40, of Newport News, as a certified nursing assistant, despite his previous criminal record.

The lawsuit alleged the facility "knew or should have known that (Batten) was unfit, unsuitable, untrustworthy and incompetent for the position ... and was likely to cause injury and harm to residents." The suit also said the company did not adequately supervise Batten, instead making him an assistant administrator. The civil lawsuit included a list of 13 criminal offenses that Batten was charged with before, or during the time, he worked at Cote De Neige.

After hearing all of the evidence in the case, a jury awarded the resident $750,000 in damages as a result of his sexual assault.

My Take: I am proud of the jury for making a strong statement that the abuse of our elders is unacceptable.

EMERGENCY ROOM WAITING TIMES

This week I had potential clients / clients - tell me they waited in a local (Roanoke VA) waiting from for over 5 hours and 7 hours before they saw a nurse.

What can happen in an emergency room as a result of a delay in treatment?
Appendix can Rupture
Heart Attacks can occur (preventable ones)
Strokes can occur
Children can become consumed by infection without care
Patients can become septic


In 5-7 hours sitting in an emergency room waiting room, terrible things can happen.

Have you had to wait at an Emergency room in Southwest Virginia for more than two hours recently? What about at Carilion New River Valley, Stonewall Jackson in Lexington, Roanoke Memorial, Tazewell Community? What about the emergency room wait at Lewis Gale in Salem, or HCA Montgomery Co in Blacksburg?

Is it a staffing issue? Space issue? We have heard stories of people being refused care because they don't have insurance and cannot pay in national emergency rooms , but delay is another issue.

I read an article published in 2008 that states:
"The median amount of time between registering in the emergency department and being examined by a physician was 22 minutes in 1997, according to an analysis of more than 92,000 medical records in the National Hospital Ambulatory Medical Care Survey. By 2004, the median wait time was 30 minutes, the study says. Whether patients had insurance made no difference in how long they waited to see a doctor.



2004 - 30 minutes.
2009 - 300 minutes?

Are we missing something? What is happening in our local emergency rooms?

WANT TO KNOW THE BEST AND WORST NURSING HOMES WITHIN 25 MILES OF PULASKI, VIRGINIA?

The information might be important if you are trying to decide where to place a loved one who can no longer care for himself/herself at home. But how can you determine which nursing home is the best? If this issue is important to you, you job just got a lot easier.

The answer is provided by a new "5-Star Quality Rating System" provided by Medicare. The Five-Star System was created to help consumers, their families, and caregivers compare nursing homes more easily and help identify areas about which you may want to ask questions.

The nursing homes receiving the best ratings include:

Highland Ridge Rehab Center - Dublin, VA

Wythe County Community Hospital/Extended Care Unit - Wytheville, VA

The nursing home receiving the worst ratings include:

Carrington Place at Wytheville/Birdmont Center - Wytheville, VA

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, June 03, 2009

WANT TO KNOW THE BEST AND WORST NURSING HOMES WITHIN 25 MILES OF GALAX, VIRGINIA?

The information might be important if you are trying to decide where to place a loved one who can no longer care for himself/herself at home. But how can you determine which nursing home is the best? If this issue is important to you, you job just got a lot easier.

The answer is provided by a new "5-Star Quality Rating System" provided by Medicare. The Five-Star System was created to help consumers, their families, and caregivers compare nursing homes more easily and help identify areas about which you may want to ask questions.

The nursing homes receiving the best ratings include:

Waddell Nursing and Rehabilitation Center - Galax, VA

Trinity Mission Health and Rehab of Hillsville - Hillsville, VA

The nursing homes receiving the worst ratings include:

Golden Livingcenter/Blue Ridge - Galax, VA

Grayson Nursing and Rehab Center - Independence, VA

Sunbridge Care and Rehab/Alleghaney - Sparta, NC

Golden Livingcenter/Surry Community - Mount Airy, NC

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, June 02, 2009

BAD DOCTORS AND NURSING HOMES

The subject of this blog comes from one of our readers with TLC4LTC...a resident advocacy group committed to achieving quality care for nursing home residents in the Commonwealth of Virginia.

A few days ago (May 28) I wrote about a woman whose mother was a resident at Heritage Hall nursing home in Front Royal, Virginia and had serious issues with the facility's medical director, Dr. Lewis A. Rogatnick. According to the Board of Medicine of the Department of Health Professions of Virginia, Rogatnick gave false information when applying for a medical license in Virginia in October 1998. His license was suspended, but stayed based on the payment of a $3,000 fine.

One of our readers has informed me that, unlike hospitals, nursing homes do not have to investigate a doctor's background (and claims history) with the National Practitioner Data Bank before hiring a doctor to serve as the facility's Medical Director.

My fear is that nursing homes may become the "last stop" for doctors with less than stellar professional achievements.

Monday, June 01, 2009

WANT TO KNOW THE BEST AND WORST NURSING HOMES WITHIN 50 MILES OF STAUNTON, VIRGINIA?

The information might be important if you are trying to decide where to place a loved one who can no longer care for himself/herself at home. But how can you determine which nursing home is the best? If this issue is important to you, you job just got a lot easier.

The answer is provided by a new "5-Star Quality Rating System" provided by Medicare. The Five-Star System was created to help consumers, their families, and caregivers compare nursing homes more easily and help identify areas about which you may want to ask questions.

The nursing homes receiving the best ratings include:

Augusta Medical Center Skilled Care - Fishersville, VA

Summitt Square - Waynesboro, VA

Bridgewater Home - Bridgewater, VA

Our Lady of Peace - Charlottesville,VA


The nursing homes receiving the worst ratings include:

Envoy of Staunton - Staunton, VA

King's Daughters Community Health and Rehab - Staunton, VA

Avante at Waynesboro - Waynesboro, VA

Avante at Harrisonburg - Harrisonburg, VA

Harrisonburg Health and Rehabilitation Center - Harrisonburg, VA

Lovingston Health Care Center - Lovingston, VA

Golden Livingcenter/The Cedars - Charlottesville, VA

Evergreene Nursing Care Center - Standardsville, VA

Pendleton Nursing Home - Franklin, WV

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

WANT TO KNOW THE BEST AND WORST NURSING HOMES WITHIN 50 MILES OF BRISTOL, VIRGINIA?

The information might be important if you are trying to decide where to place a loved one who can no longer care for himself/herself at home. But how can you determine which nursing home is the best? If this issue is important to you, you job just got a lot easier.

The answer is provided by a new "5-Star Quality Rating System" provided by Medicare. The Five-Star System was created to help consumers, their families, and caregivers compare nursing homes more easily and help identify areas about which you may want to ask questions.

The nursing homes receiving the best ratings include:

Ivy Hall Nursing Center - Elizabethton, TN

Applachian Christian Village - Johnson City, TN

Clinch Valley Medical Center - Richlands, VA


The list of nursing homes receiving the worst ratings is much longer and includes:

NHC Healthcare - Bristol, VA

Greystone Health Care Center - Blountville, TN

Grace Healthcare of Abingdon - Abingdon, VA

The Wexford House - Kingsport, TN

Life Care Center of Elizabethton - Elizabethton, TN

Hermitage Health Center - Elizabethton, TN

Brookhaven Manor - Kingsport, TN

Brian Center Health and Rehab/Scott County - Weber City, VA

Asbury Place at Johnson City - Johnson City, TN

Christian Care Center of Johnson City - Johnson City, TN

Valley Health Care Center - Chilhowie, VA

Ridgecrest Manor Nursing and Rehabilitation - Duffield, VA

Erwin Health Care Center - Erwin, TN

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.
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.