tag:blogger.com,1999:blog-229010732024-03-07T17:41:30.084-05:00Legal MedicineDan Frith and Lauren Ellerman of the Frith & Ellerman Law Firm in Roanoke, Virginia represent victims of medical malpractice and nursing home abuse in VA, West VA, and eastern TN.
Please also visit our website at: www.frithlawfirm.comRob Deanhttp://www.blogger.com/profile/18357546686840012788noreply@blogger.comBlogger1353125tag:blogger.com,1999:blog-22901073.post-21107028997327483232012-01-30T09:55:00.004-05:002012-01-30T10:40:06.960-05:00Why do people file Medical Malpractice lawsuits?I am currently reading a magazine written for the long term care industry. There is a column called Dear Dr Jeff wherein readers ask questions and a doctor, Dr. Jeff, presumably a gerontologist, responds.<br /><br />Today the topic is tort reform and Dr. Jeff writes "the topic of liability or malpractice reform is <strong>all about anger, peppered with a small amount of greed</strong>." He goes on to explain in his mind that patients sue doctors because they are "angry at an outcome."<br /><br />Further, he states "malpractice suits are unpredictable, measure performance against an extremely vague standard of community practice, frequently reflect poor outcomes rather than poor performance... and ultimately punish the entire medical community rather than the occasional genuine offender."<br /><br />Dr. Jeff is right about two things - 1, I am angry and 2, medical malpractice suits are unpredictable.<br /><br />I am angry that my client was left on a bed pan for 4 days, causing permanent damage, scarring and muscle loss. Was it greedy for her to seek compensation for the months she couldn't move or walk?<br /><br />I am angry that my other client lost her only daughter because the physician was not competent to handle a routine complication. Was it greed to ask for an apology and compensation for the loss?<br /><br />I am angry that a radiologist once had thousands of scans to review in a day and totally missed the aneurysm in my client's CT, which, had it been read, would have saved his life.<br /><br />I am angry that a primacy care physician <span style="color:#ffff00;">gave her a medictaion </span>he knew his client was allergic to because he failed to open her file. Was it greedy for his patient, now on dialysis, to seek help in paying her medical bills?<br /><br />And angry about the 14 bed sores that developed on another client while she was under the care of a health care provider.<br /><br />I remain angry, even years later, about the paralysis that occurred to one client after a doctor removed his neck brace before reading the radiology reports. And yes, remain angry at the doctor at the VA who wholly failed to appreciate the post surgical complications of his patient until the patient's wife demanded another surgeon treat him.<br /><br />Dr. Jeff is correct. Malpractice and anger often go hand in hand. As for greed, I wont even dignify his opinion with a response on that front.<br /><br />If you would like to read Dr. Jeff's column, <a href="http://www.caringfortheages.com/views/dear-dr-jeff.html">feel free to visit him online</a>. Sadly, the January issue (the one I have cited) is not yet available online.Lauren Ellermanhttp://www.blogger.com/profile/16058143151409121944noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-50428594021098861542012-01-27T09:59:00.003-05:002012-01-27T10:26:41.456-05:00HOW TO PICK THE RIGHT NURSING HOME OR REHAB<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgD7EowCEOxI72KUcdlXADh2ig-7Z-FcGU5FXZ9JypXDPAU1C-IgUZxyw-Ygfrs3ccRtf0WBMH9ZBQGx-V6NmFbBDZeDl0jZ-x4586agQXludWkuDlghmelNmFF_YI74kGjMsVg8A/s1600/516nak-xYEL__BO2%252C204%252C203%252C200_PIsitb-sticker-arrow-click%252CTopRight%252C35%252C-76_AA300_SH20_AA278_PIkin4%252CBottomRight%252C-36%252C22_AA300_SH20_OU01_.jpg"><img style="MARGIN: 0px 0px 10px 10px; WIDTH: 200px; FLOAT: right; HEIGHT: 200px; CURSOR: hand" id="BLOGGER_PHOTO_ID_5702333281895628514" border="0" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgD7EowCEOxI72KUcdlXADh2ig-7Z-FcGU5FXZ9JypXDPAU1C-IgUZxyw-Ygfrs3ccRtf0WBMH9ZBQGx-V6NmFbBDZeDl0jZ-x4586agQXludWkuDlghmelNmFF_YI74kGjMsVg8A/s200/516nak-xYEL__BO2%252C204%252C203%252C200_PIsitb-sticker-arrow-click%252CTopRight%252C35%252C-76_AA300_SH20_AA278_PIkin4%252CBottomRight%252C-36%252C22_AA300_SH20_OU01_.jpg" /></a><br /><br /><br /><div>This morning I had a conversation with a friend about his Mom needing rehabilitation post surgery.</div><br /><br /><div></div><br /><div>Last week I discussed with a colleague how her Mom had just been discharged from a rehab facility after two falls and two hip fractures (one of which occurred during the rehab for the first).</div><br /><br /><div></div><br /><div>This morning another friend had a conference call with family about coordinating care for a family member.</div><br /><br /><br /><div></div><br /><div>A call this week came in from a stranger who wanted to know the best assisted living facility in our area.</div><br /><br /><br /><div></div><br /><div>Bottom line is that most of us will be faced with these issues. <strong>Caring for our parents in not easy and coordinating their care is not a simple task.</strong></div><br /><br /><br /><div></div><br /><div>I read this week in a text book that the average Mother will spend 17 years caring for her own children, and 18-19 years caring for her parents.</div><br /><br /><br /><div></div><br /><div>Did you catch that? <strong>More time caring for and or coordinating the care for your parents than your own kids?</strong> This is now the life we lead - people are living longer and care is available. Coordinating it is complicated. Its exhausting and emotional. But necessary. </div><br /><br /><br /><br /><div></div><br /><div>So where do you start?</div><br /><br /><br /><div></div><br /><div>1. You start before the emergency comes up. You start by learning your options NOW and discussing these issues with your family, NOW. Not when you get a call about a fall, or hospitalization, etc.</div><br /><br /><br /><div></div><br /><div>2. You start by knowing your options - on how to pay, etc.</div><br /><br /><div></div><br /><br /><div>So where do you get all this information?</div><br /><br /><div></div><br /><br /><div><strong>A CONSUMER'S GUIDE TO LONG TERM CARE IN VIRGINIA</strong>. A book that our office wrote so that folks will know their options before the emerging happens.</div><br /><br /><div></div><br /><br /><div>Call Mary Ann Spencer in our office today to order your copy ($9 includes shipping and handling) or order your Ebook for Kindle / Ipad etc. <a href="http://www.amazon.com/Consumers-Guide-Choices-Virginia-ebook/dp/B005DKV9VQ/ref=sr_1_3?ie=UTF8&qid=1327677599&sr=8-3">On Amazon.com.</a></div><br /><br /><div></div><br /><div>540-985-0098. I hope this resource will help.</div><br /><br /><br /><br /><div></div><br /><br /><br /><br /><div></div>Lauren Ellermanhttp://www.blogger.com/profile/16058143151409121944noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-61517330874766280272012-01-09T10:02:00.005-05:002012-01-09T10:15:17.699-05:00HOSPITAL ERRORS GO UNREPORTEDThe New York Times published a great article last week titled, <strong>"<a href="http://www.nytimes.com/2012/01/06/health/study-of-medicare-patients-finds-most-hospital-errors-unreported.html?_r=3&hp">Report Finds Most Errors at Hospitals Go Unreported</a>."</strong><br /><br />The opening sentence says it all:<br /><br />Hospital employees recognize and report only one out of seven errors, accidents and other events that harm <a class="meta-classifier" title="Recent and archival health news about Medicare." href="http://topics.nytimes.com/top/news/health/diseasesconditionsandhealthtopics/medicare/index.html?inline=nyt-classifier">Medicare</a> patients while they are hospitalized, federal investigators say in a new report.<br /><br />The report doesn't surprise me...we see medical errors in hospitals every day and most of them go unreported...even hidden.<br /><br />Go read the article for yourself and share any similar experiences you, or your family, have experienced in the following regional hospitals:<br /><br />Alleghany Regional Hospital<br />Bath Community Hospital<br />Buchanan General Hospital<br />Carilion Bedford Memorial Hospital<br />Carilion Franklin Memorial Hospital<br />Carilion Giles Memorial Hospital<br />Carilion New River Valley Hospital<br />Carilion Roanoke Memorial Hospital<br />Centra Lynchburg General Hospital<br />Centra Virginia Baptist Hospital<br />Danville Regional Medical Center<br />Dickenson Community Hospital<br />Johnston Memorial Hospital<br />Lewis-Gale Medical Center<br />Martinsville Memorial Hospital<br />Montgomery Regional Hospital<br />Norton Community Hospital<br />Page Memorial Hospital<br />Pioneer Community Hospital<br />Pulaski Community Hospital<br />Rockingham Memorial Hospital<br />Smyth County Community Hospital<br />Stonewall Jackson Hospital<br />Tazewell Community Hospital<br />Twin County Comunnity Hospital<br />Wellmont Bristol Regional Hospital<br />Wellmont Lee Regional Medical Center<br />Wellmont Lonesome Pine Hospital<br />Wythe County Community HospitalDan Frithhttp://www.blogger.com/profile/13716599194690615218noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-87691762456574247802012-01-06T14:57:00.005-05:002012-01-06T15:19:08.963-05:00WHERE IS MY DOCTOR...I MEAN NURSE PRACTITIONER?Today's Roanoke Times ran an article titled, <strong>"<a href="http://www.roanoke.com/news/roanoke/wb/303181">Proposal calls for medical teamwork between doctors, nurse practitioners</a>" </strong>which causes me a great deal of concern.<br /><br />Here is my problem: Patients rarely get to see their doctors anymore...they are pushed off on nurse practitioners....and it is all about money. I am aware of a local healthcare organization that wants their doctors to spend no more than 7 minutes with their patients. That's right...7 minutes. Why? Because if the doctor limits his/her time with the patient he/she can see many more patients per day. These organizations pay the nurse practitioners less than they pay the doctors so the organization wins on two counts...increased income and less cost.<br /><br />Who loses? The Patient.<br /><br />Under the current system, Nurse Practitioners are supposed to be "supervised" by a medical doctor and this system is bad enough. Last year in the New River Valley we learned of a situation where the doctor who "supervised" the nurse providing care locally lived and practiced medicine in North Carolina. Do you call this arrangement "supervision"? I don't.<br /><br /><strong>My Take:</strong> I know there are many competent and caring Nurse Practitioners in Virginia. However, there is something to be gained by having that potentially life-threatening problem checked by a medical doctor with four years of medical school, internship, residency, state licensure, and potential board certification. Unfortunately, it appears the <strong><a href="http://www.msv.org/">Medical Society of Virginia </a></strong>and the <a href="http://www.vcnp.net/"><strong>Virginia Council of Nurse Practitioners</strong></a> have already reached an agreement on the issue.<br /><br />I am sure money had nothing to do with the decision.Dan Frithhttp://www.blogger.com/profile/13716599194690615218noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-57108302322108346792012-01-03T09:14:00.004-05:002012-01-03T09:26:43.068-05:00IF YOU THINK YOU HAVE BEEN THE VICTIM OF MEDICAL MALPRACTICEIf you think you have been the victim of Medical Malpractice, this is the advice I would give you if you called our office:<br /><br />1. Be patient.<br /><br />It does not help to call a lawyer the week something happened, because rarely does anyone know the scope of their injury within a week.<br /><br />In order for a case to be worth your time and effort, the injury suffered must be Serious and Permanent. You don't want to spend $20,000 on experts, 40% on attorneys fees, if your case is only worth $10,000.<br /><br />2. Do not make threats.<br /><br />Please don't send a letter to the doctor or hospital, threatening to file a lawsuit. No one is scared or moved by these threats. If you would like to have a calm conversation with risk management at the hospital, do so. But listen, don't speak during the conversation. What you say can hurt you in a lawsuit.<br /><br />3. Request your COMPLETE medical record.<br /><br />Ask the doctor, hospital, etc., for everything for the time in question. And do not be surprised if they want to charge you for copies.<br /><br />4. Call an attorney you know or know by reputation.<br /><br />It is an important decision to hire an attorney. You need to feel comfortable with that firm's ethic, their staff before you pursue a lawsuit. If you want a bulldog, go get a bulldog. If you want a firm that will be caring, and compassionate, ask around. Don't let advertising be your only guide.<br /><br />5. Understand the possible outcomes.<br /><br />A lawsuit will not close down a nursing home or hospital. Your lawsuit will not likely lead to the revocation of a license to practice medicine. A lawsuit can bring about two things and two things alone - some accountability, and money. That is all.<br /><br />If you would like to discuss your specific case, or questions related to it, do not hesitate to contact our office. We would be so glad to speak with you and investigate whether you have a Virginia Medical Malpractice Case.<br /><br /><br /><br />Wait and see what happens. If you do not suffer permanent and serious injury as a result of the negligence, you may not have a case.Lauren Ellermanhttp://www.blogger.com/profile/16058143151409121944noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-4870423656209449842011-12-27T10:10:00.002-05:002011-12-27T10:18:03.767-05:00MALPRACTICE AGAINST THE VETERANS ADMINISTRATIONThe VA (Veterans Administration) is not like your private hospital.<div>If a physician at your local hospital is negligent, and causes a patient injury, you can file a lawsuit in state court.</div><div>If a physician at the VA is negligent, and that physician is an employee of the VA, you cannot file suit in state court. You have to file suit against the United States. </div><div><br /></div><div>Sounds crazy, eh?</div><div><br /></div><div>VA cases are defined by Federal Law, specifically the Federal Tort Claims Act which has very specific provisions and rules applying to VA cases.</div><div><br /></div><div>If you have suffered what you believe to be medical negligence at your Virginia Veterans Administration, and you want an attorney with experience in successfully representing VA patients, please call Frith & Ellerman law firm. We would be honored to review and investigate your case, and if appropriate, file a Notice of Claim and or file your case in Federal Court. </div>Lauren Ellermanhttp://www.blogger.com/profile/16058143151409121944noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-22863156067999225952011-12-21T06:00:00.002-05:002011-12-21T06:00:07.115-05:00HEY TEXAS...HOW IS THAT TORT REFORM WORKING OUT FOR YOU?The tort reform movement took hold of the Long Horn State in 2003 guaranteeing to rid the state of those pesky, scumbag trial lawyers and, as a result, keep all of those great doctors from leaving the state and keeping medical, hospital, and surgical bills within reason since no one would be paying those outrageous jury verdicts in medical malpractice cases.<br /><br />What has been the result?<br /><br />A report from the consumer advocacy group, <a href="http://www.citizen.org/Page.aspx?pid=183">Public Citizen</a>, found the following:<br /><br /><span style="COLOR: rgb(255,0,0)">Texans’ health care costs and insurance premiums have continued to grow, outpacing the national average, since the state imposed a cap on non economic damages for medical liability lawsuits in 2003.<br /><br />The report’s findings undercut the tenet espoused by proponents of the cap: that medical malpractice lawsuits contribute significantly to the cost of health care. Since Texas instituted a $250,000 cap on non economic damages, malpractice litigation has declined precipitously, but health care costs and insurance premiums have not followed suit.<br /><br />“Those who blame medical malpractice litigation for rising health care costs and diminished access to care tend to focus on the theory that the fear of litigation motivates doctors to prescribe unnecessary tests and procedures to insulate themselves against potential lawsuits,” the report’s authors said.<br /></span><br />Did the cap on damages hold down the cost of medical care in Texas? No. The data shows that Medicare spending for prescribed tests and procedures in Texas increased nearly 40 percent faster than the national average in the four years after the cap was implemented. Medicare spending for diagnostic testing increased approximately 25 percent faster than the national average over the same time period.<br /><br /><strong>Don't mess with Texas....they seem to be pretty messed up as it is.</strong>Dan Frithhttp://www.blogger.com/profile/13716599194690615218noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-86651945086467238452011-12-20T06:10:00.004-05:002011-12-20T06:10:00.172-05:00CHOOSING A NURSING HOMELauren and I have written numerous blogs on issues to consider in <a href="http://legalmedicine.blogspot.com/search?q=CHOOSING+A+NURSING+HOME">selecting a nursing home</a>.<br /><br />It can be a very important decision.<br /><br />The Richmond Times Dispatch published an article today titled,<a href="http://www2.timesdispatch.com/lifestyles/2011/dec/18/tdflair04-do-research-on-nursing-homes-ar-1544611/"> "MODERN AGING: Do research on nursing homes." </a><br /><br /><p>It is a very good read.</p>Dan Frithhttp://www.blogger.com/profile/13716599194690615218noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-90004251886388725822011-12-19T15:25:00.002-05:002011-12-19T15:31:21.229-05:00VIRGINIA TRUCKING LAWYERI just read about a federal jury verdict in New Hampshire - $8.5 million dollars to a woman and her small children.<br /><br />Why did a jury give them $8,500,000?<br />Because their father / husband was killed when he was run over by a tractor trailer.<br /><br />I wish this was an isolated incident but it is not. We have been involved in trucking cases in Virginia and the facts are often the same:<br /><br />Tractor trailer driver is not paying attention.<br />Accident happens.<br />Driver in the second vehicle suffers extensive injury and is taken by helicopter to the nearest level 1 Trauma hospital.<br />Lives are permanently changed and not for the better.<br /><br />It is a <a href="http://www.citizen.com/news/inter_lakes/meredith/article_25408f8a-2857-11e1-8305-0019bb30f31a.html">heartbreaking story. </a>And did the trucking company offer an apology? To pay for the father's lost wages? To admit liability and let the family move on?<br /><br />It doesn't appear that way. It appears the family had to go to Federal Court to prove the driver's fault.. and then, tell a jury about their loss.<br /><br />Please let us know if we can help you with a Trucking Case in Western Virginia. We can't undue what has been done... but we can do our best to make the trucking companies take responsibility.Lauren Ellermanhttp://www.blogger.com/profile/16058143151409121944noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-3719056270225088532011-12-19T10:11:00.004-05:002011-12-19T10:35:17.838-05:00INMATES AND PAROLEES MOVING INTO NURSING HOMES: ARE YOU KIDDING ME?We place our mothers, fathers, brothers, and sisters into nursing homes because they can no longer take care of themselves and we are, for a number of reasons, unable to provide the care they need. In short, these very important loved ones in our lives are vulnerable and need to be cared for and protected.<br /><br />Contrast the above reality with a recently published article in the <a href="http://www.jamda.com/">Journal of the American Medical Directors Association (JAMDA).</a> The article was written by Jeffrey Nichols, MD, the vice president for medical services fro the Cabrini Eldercare Consortium in New York City. Dr. Nichols discusses a previous article published by JAMDA in which the state of New York was reviewing its policies regarding <strong>the placement in long term care facilities of current prison inmates and parolees.</strong><br /><br />I guess it is cheaper to place an elderly convict or parolee into a nursing home than it is to house them where they (at least the convicts) belong...in prison. If this wasn't so ridiculous it would be comical.<br /><br />So let's look at that picture again. Mom needs 24 hours nursing care and assistance with feeding and all activities of daily living and we are going to place her in a nursing home occupied by elderly convicts with a track record of criminal activity.<br /><br />What the hell is going on?Dan Frithhttp://www.blogger.com/profile/13716599194690615218noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-68963968730316719392011-12-13T09:23:00.003-05:002011-12-13T09:44:30.987-05:00THE HAZARDS OF HEALTH CARE IN AMERICAMy local paper, <a href="http://roanoke.com/">The Roanoke Times</a>, ran a syndicated article today written by <a href="http://www.peoplespharmacy.com/2011/12/11/the-hidden-hazards-of-health-care/">Joe and Teresa Gradeon of The People's Pharmacy</a>. The provided the following scary statistics about health care in America:<br /><br />* Between 76,000 and 137,000 people die annually from fatal drug reactions in the hospital<br /><br />* Fatal drug reactions kill more than 100,000 people outside of the hospital setting each year<br /><br />* Misdiagnosis accounts for approximately 100,000 deaths per year<br /><br />* Preventable lethal blood clots kill between 100,000 and 200,000 people every year<br /><br />* More than 100,000 people die annually from infections caught in hospitals and nursing homes<br /><br /><strong>My Recommendation:</strong> Share these medical facts the next time someone tells you we have the best healthcare in the world!Dan Frithhttp://www.blogger.com/profile/13716599194690615218noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-57060827727934101792011-12-12T11:08:00.003-05:002011-12-12T11:21:07.312-05:00HEALTH CARE COST - Where does the money go<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi0zro6rUM6p2pfRlD1t5iMM0KANBXgtXbI4YY0B6_EnUzEYYRCuB32WRMWcGTXwhWguEcoM4NkN4Ms_Wcji3ISvvxrjbVsnjeqxcUFQ3MZXYVI9dCfgjkapV2SytoBdq2nGb6cmA/s1600/mmi-2011-market-survey-national-findings.jpg"><img style="MARGIN: 0px 0px 10px 10px; WIDTH: 538px; FLOAT: right; HEIGHT: 434px; CURSOR: hand" id="BLOGGER_PHOTO_ID_5685275571446058098" border="0" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi0zro6rUM6p2pfRlD1t5iMM0KANBXgtXbI4YY0B6_EnUzEYYRCuB32WRMWcGTXwhWguEcoM4NkN4Ms_Wcji3ISvvxrjbVsnjeqxcUFQ3MZXYVI9dCfgjkapV2SytoBdq2nGb6cmA/s200/mmi-2011-market-survey-national-findings.jpg" /></a><br /><br /><br />So I tried to steal this picture from Met Life's Website.<br /><br />If you could read it clearly (and you should by going to <a href="http://www.metlife.com/mmi/research/2011-market-survey-long-term-care-costs.html#findings">their website </a>) you would see that long term care costs are UP. And while millions of Americans need long term care, the costs are increasing annually.<br /><br /><br />Their key findings (and yes this is directly from their website and study) are as follows:<br /><br />- The private pay daily rate rose over 4% in the last year<br />- assisted living (which is almost all private pay) rose over 5%<br /><br />Long Term Care is getting more expensive. Do you think the extra money is going into additional nurses or nurse salaries?<br /><br />Do you think it is going to train new employees better?<br /><br />I would hope so but the Met Life survery does not reflect the increase in costs are related to staffing. And until staffing becomes the priority of the long term care industry, accidents, and even malpractice will happen.<br /><br />Let us know if we can evaluate your nursing home negligence case in Virginia, today.Lauren Ellermanhttp://www.blogger.com/profile/16058143151409121944noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-6283318065121927532011-12-12T09:55:00.004-05:002011-12-12T09:59:32.194-05:00ACCOUNTABILITY AT TENN. NURSING HOME?Often we will hear terrible stories of abuse or neglect at a nursing home.<br /><br />Occassionally, the care providers who are responsible lose their jobs.. infrequently they lose their licenses or face criminal prosecution.<br /><br />Most of the time, the insurance carrier for the nursing home settles the case and no real change occurs.<br /><br />In Bristol Va/Tenn., a nursing home was taken to task last year for a serious of assaults that occurred on the property.<br /><br />Was the administrator fired?<br /><br /><a href="http://www2.tricities.com/news/2011/dec/10/former-nursing-home-heads-license-reinstated-ar-1533872/">Read all about it in the Bristol News </a><br /><br />Do you think justice was done?Lauren Ellermanhttp://www.blogger.com/profile/16058143151409121944noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-79287707273688886042011-12-10T06:33:00.001-05:002011-12-10T06:33:00.160-05:00TAKE YOUR MEDICAID BENEFITS AND GO HOMEThis might sound like a bad idea...but it is not!<br /><br />Most nursing homes are merely nothing more than "warehouses for the elderly." They are under-staffed and the staff who are present are often under-trained and over-worked.<br /><br />The Administrator's main job is to increase profits and he/she does this by cutting the costs of labor (fewer nurses) and reducing other overhead expenses (like decent food).<br /><br />There has been a change in Medicaid and, in appropriate situations, Medicaid may pay for at home care as this article from <strong><a href="http://newoldage.blogs.nytimes.com/2011/12/08/the-nursing-home-exodus-pt-2/">The New York Times</a> </strong>discusses. In my opinion, at home care is a win-win situation.Dan Frithhttp://www.blogger.com/profile/13716599194690615218noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-1162491850546011002011-12-09T10:37:00.005-05:002011-12-09T10:49:09.027-05:00VIRGINIA MEDICAL MALPRACTICE CASE - Way to go Jury!This morning I read about a big case in Fairfax County Virginia.<br /><br /><br />Now, the sad thing about big in Medical Malpractice cases in Virginia, is that usually the following not so great things had to occur:<br /><br /><br />1. A physician made a huge mistake = malpractice<br /><br />2. Someone suffered a substantial or permanent injury as a result<br /><br />3. And a jury agreed with the allegations of negligence and permanent harm.<br /><br /><br />In order to even get to the jury, you have to<br /><br />1. file a lawsuit<br /><br />2. hire experts<br /><br />3. take depositions<br /><br />4. go to Court (usually takes 1 year or more to get a court date)<br /><br /><br /><br />The Fairfax jury awarded $2.5 million dollars to a patient who had breast cancer 13 months prior to being diagnosed, but was missed by the radiologist.<br /><br /><br />The result? She now has a more aggressive form of Cancer and a life expectancy that is decreased.<br /><br /><br />Hmm. She is 54 years old. Maybe has kids. Maybe they are college age. Maybe she won't get to see them get married or meet her grand kids.<br /><br /><br />Someone could read about the case in the paper and think she is wrong for suing. Someone could even blame her for making health care so expensive in this country. Do you think her kids would rather she be alive to meet her grand kids in 10 years, or have $1.5 million dollars (that is all the family will likely get after trial costs, attorneys fees, experts etc).<br /><br /><br />My guess is they would rather have a healthy Mom than money... BUT, none the less, I think it sounds like the jury did the right thing.Lauren Ellermanhttp://www.blogger.com/profile/16058143151409121944noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-39718819953754436222011-12-09T10:11:00.002-05:002011-12-09T10:28:38.468-05:00SPEND SOME TIME AT THE NURSING HOME THIS CHRISTMASLauren and I spent a full day yesterday in a mediation trying to resolve an injury claim. The mediation took place at the nursing home where our client has lived for the last 14 months.<br /><br />The mediation was unsuccessful (we go to trial in less than 2 months) but Lauren and I witnessed an interesting day at the nursing home.<br /><br />The staff and residents were getting ready for their Christmas party. Decorations went up, Santa hats were everywhere, special food and drinks were prepared. A piano was rolled into the dining room and Christmas carolers were reviewing their song lists.<br /><br />Most importantly, there was a smile on all of the residents' faces...even a little spring in their step. Families and friends were also in attendance and you could tell their presence warmed the hearts of all who now call the nursing home their "Home."<br /><br />If you have a loved one or friend in a nursing home, take time out of your busy day to pay them a visit during the Holidays. It will certainly brighten their day.Dan Frithhttp://www.blogger.com/profile/13716599194690615218noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-72026636178297250722011-11-30T06:56:00.000-05:002011-11-30T06:56:00.143-05:00GRANNY CAMS CATCH ANOTHER BAD GUYThis news report comes from Ohio.<br /><br />Steve Piskor had grown so concerned about the treatment his mother was receiving at a <a href="http://www.metrohealth.org/body.cfm?id=2049">MetroHealth Medical Center</a> nursing home that he installed a hidden camera in her room along with a sign that warned employees of its presence. Yet, over the next two months, he found numerous instances of aides mocking and abusing his 78-year-old mother at MetroHealth's Prentiss Center for Skilled Nursing Care on Scranton Road in Cleveland.<br /><br />Good for him and even better for his mother. Those employees "caught" on tape should go to jail!<br /><br />The use of hidden cameras or <strong>"Granny Cams"</strong> is legal in Virginia as long as you follow these <a href="http://www.vdh.state.va.us/OLC/Laws/documents/NursingHomes/Electronic%20Monitoring.pdf">regulations</a>.Dan Frithhttp://www.blogger.com/profile/13716599194690615218noreply@blogger.com1tag:blogger.com,1999:blog-22901073.post-39460576379512725002011-11-29T10:41:00.004-05:002011-11-29T10:54:33.088-05:00"I'D RATHER DIE THAN MOVE TO A NURSING HOME"I have heard family members make this very statement...usually after they have lost a loved father, mother, or sibling to outrageously poor care in a nursing home. It is a sad commentary on how the <strong>Long Term Care Industry</strong> in America operates.<br /><br />I recently read an article which should give us all some hope. A movement is underway in California to improve this deplorable situation. A movement is underway to change the culture of nursing homes – to move from a sterile, hospital-like environment to a more home-like environment. In California, a coalition has been working with about 50 nursing homes to assist them in moving to a more resident-directed and resident-focused delivery of care.<br /><br />The focus of the movement centers around:<br /><br />1. Consistent Staff Assignments<br /><br />2. Improved Dining Services<br /><br />3. Reduced Noise<br /><br />4. Aroma Therapy<br /><br />5. Increased Activities<br /><br />6. Improved Hygiene/Bath Time<br /><br />Read the complete article <a href="http://senior-spectrum.com/news02_112911/">here</a>.Dan Frithhttp://www.blogger.com/profile/13716599194690615218noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-15717146672475308182011-11-28T15:33:00.006-05:002011-11-28T15:51:33.671-05:00ASSISTED LIVING FACILITIES IN VIRGINIA<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgVi0JAHqP0QA8js0RbeN3-vyfkrHy4vA81iioeulnV-mRDQ1-VHwQsuKnT8zczjnB18eBDDzXYym481oYspxsSKCunfEX8NMDBx3QsGVZTvSeHXIHwWs3kT_Vli4KyZ9Vju_HedQ/s1600/LTCC_book_cover.jpg"><img style="MARGIN: 0px 0px 10px 10px; WIDTH: 148px; FLOAT: right; HEIGHT: 200px; CURSOR: hand" id="BLOGGER_PHOTO_ID_5680152012012816914" border="0" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgVi0JAHqP0QA8js0RbeN3-vyfkrHy4vA81iioeulnV-mRDQ1-VHwQsuKnT8zczjnB18eBDDzXYym481oYspxsSKCunfEX8NMDBx3QsGVZTvSeHXIHwWs3kT_Vli4KyZ9Vju_HedQ/s200/LTCC_book_cover.jpg" /></a><br /><br /><div><br /><br /><br /><div>Here is a pop quiz, about assisted living facilities in Virginia:</div><br /><div></div><br /><br /><div>AN ASSISTED LIVING FACILITY IS SIMILAR TO, </div><br /><div>which of the following (LEGALLY SPEAKING):</div><br /><br /><div></div><br /><div>a. A college dorm room</div><br /><br /><div>b. A nursing home</div><br /><br /><div>c. A hospital</div><br /><br /><div>d. Home health</div><br /><br /><div></div><br /><div>The answer is: <strong>A</strong>. No really. </div><br /><div>assisted Living = College Dorm Room.</div><br /><br /><div></div><br /><div>Under Virginia law, assisted living facilities are NOT Health care providers. </div><br /><br /><div>They do not owe you a duty to provide medical care. Or medicine. Or call your Doctor when you need help. Or get you an appointment.</div><br /><br /><div></div><br /><div>They have a duty to provide you the services stated in your contract (meals, house keeping, etc) and nothing else.</div><br /><br /><div></div><br /><div>For families who live out of town and have a loved one in an assisted living facility, please be aware of this very important fact. Assisted living is NOT HEALTH CARE. If your loved one needs health care, they may need to move.</div><br /><br /><div></div><br /><div>Want to learn more about the differences between Assisted Living, Home Health and Nursing Home Services in Virginia?</div><br /><br /><div></div><br /><div>This Month (December - but I am starting 2 days early) we are giving away our book A CONSUMERS GUIDE TO LONG TERM CARE IN VIRGINIA.</div><br />If you would like your free copy, call Mary Ann Spencer at 1-540-985-0098 to order it today. It is important to know these things as a caregiver, adult child or someone considering their long term care needs.<br /><br /><br /><br /><br /><div></div><br /><br /><br /><br /><br /><div></div><br /><br /><br /><br /><br /><br /><br /><div></div></div>Lauren Ellermanhttp://www.blogger.com/profile/16058143151409121944noreply@blogger.com1tag:blogger.com,1999:blog-22901073.post-30101374022517229172011-11-14T10:24:00.009-05:002011-11-15T12:52:04.857-05:00TEXAS LAX ON NURSING HOMESThe title of a November 13, 2011 associated press article caught my eye - <strong><a href="http://www.reporternews.com/news/2011/nov/13/report-texas-lax-on-nursing-home-rules/">Report: Texas Lax on Nursing Home Rules."<br /></a></strong><br />The Dallas Morning News reported Saturday that Texas has all but stopped imposing the most severe penalties, such as revoking a home's license and government contracts, or seeking a court-appointed overseer for nursing homes in violation.<br /><br />Texas has heavily reduced its enforcement of rules that govern the state's nursing homes, partly because of to budget cuts, legislative changes and inspectors being discouraged from citing bad conditions.<br /><br /><strong>My Question to our readers:</strong> If the state (for whatever reason) is no longer enforcing safety rules for nursing homes and if the state has severely restricted the right of residents and family members to hold nursing homes accountable (tort reform)....just who is looking out for the most vulnerable people in our country?<br /><br />I sure hope this problem does <strong>not</strong> make its way to Virginia.Dan Frithhttp://www.blogger.com/profile/13716599194690615218noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-42347975330760484552011-11-11T18:14:00.001-05:002011-11-11T18:17:38.336-05:00SENIOR RESOURCESI know. Information is sometimes power.<br />People call our office all the time asking questions:<br /><br />"Can the nursing home...?"<br />"Can the doctor....?"<br />"Do I have a right to....?"<br /><br />Sometimes, I can answer these questions. sometimes, you need additional resources.<br /><br />We were contacted by a gentlemen who writes a blog about aging wisely, and he has recently written a useful article <a href="http://www.mastersingerontology.com/40-informative-forums-on-long-term-elderly-care.html">with 40 good senior resources. Please, check it out</a>. <span id="SPELLING_ERROR_0" class="blsp-spelling-corrected">After all</span>, information is sometimes all you need to make a bad situation, a better one.Lauren Ellermanhttp://www.blogger.com/profile/16058143151409121944noreply@blogger.com1tag:blogger.com,1999:blog-22901073.post-14442533452310892382011-11-04T09:16:00.003-04:002011-11-04T09:27:13.331-04:00HOSPITAL DELIRIUM: WHAT IS IT?Hospital delirium is a brain dysfunction characterized by sudden confusion and inattention. It’s one of the most common, dangerous and costly complications of hospital stays for the elderly.<br /><br />A host of medications can upset brain function and trigger delirium by interfering with the neurotransmitters that communicate between nerve cells. The long list includes sedatives, sleeping pills, narcotic painkillers and some allergy, blood pressure and incontinence drugs.<br /><br />According to an article in the <a href="http://newoldage.blogs.nytimes.com/2011/11/02/another-hospital-hazard-for-the-elderly/?ref=health">New York Times </a>written by Susan Seliger, Each year 20 percent of the 11.8 million elderly patients in hospitals develop delirium, including<a href="http://chestjournal.chestpubs.org/content/132/2/624.abstract"> 60 percent to 85 percent of those in intensive care on ventilation</a> and <a href="http://www.nejm.org/doi/full/10.1056/NEJMra052321">more than half of postoperative surgical patients</a>.<br /><br />Ms. Seliger recounts her own mother's experience with hospital delirium and provides 4 signs/symptoms of the condition. The article is a must read.Dan Frithhttp://www.blogger.com/profile/13716599194690615218noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-49062732181211266822011-11-02T09:57:00.002-04:002011-11-02T10:21:00.455-04:00WHAT DO YOU THINK OF NURSING HOMESI was in a doctor's waiting room this week and overheard at least two <span id="SPELLING_ERROR_0" class="blsp-spelling-corrected">separate</span> conversations about local nursing homes.<br /><br />One woman was sharing the story of her mother that had been in and out of at least 3 local nursing homes in the last few months.<br /><br />A nurse told me that she worked at a local nursing home on the weekends and that she found the people and staff to be wonderful. I think she said she "really loved working there."<br /><br />A third woman told a friend she used to work in a nursing home and it was so bad she wouldn't send a dog there.<br /><br />Truthfully, we all have opinions, experiences and ideas about what good care is, what it looks like and what bad care is.<br /><br />So what if your gut tells you a loved one is not getting great care. What do you do?<br />Here is my best advice:<br /><br />1. ask for a meeting with the DON or administrator.<br />2. take notes.<br />3. follow up in writing on what was discussed.<br />4. be kind.<br />5. don't threaten a lawsuit. seriously. I mean this.<br />6. don't write nasty threatening letters. I mean this too.<br /><br />If nothing changes, ask for another meeting and look for a new location.<br />1. ask your physician for his or her advice.<br />2. look around.<br /><br />If you can't move someone because there are no other options, you have to be the advocate:<br />1. come by all hours<br />2. take notes<br />3. speak kindly to nurses when things are missed<br />4. ask to meet with the MD next time he or she is on site<br />5. call the local Agency on aging ombudsmen for advice<br />6. call 911 if you need to<br /><br />There is nothing easy about this. Not for you, not for the patient or the staff.<br />Some nursing homes provide good care. Others don't. Do yourself a favor and don't just sit back and hope your loved one is in a good one.Lauren Ellermanhttp://www.blogger.com/profile/16058143151409121944noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-59144507236178643962011-10-31T11:12:00.003-04:002011-10-31T11:12:38.660-04:00DAN FRITH NAMED BEST MEDICAL MALPRACTICE ATTORNEY IN ROANOKE VIRGINIAI just bought my copy of the Roanoker Magazine today. Sadly, the online copy is not yet updated to reflect this year's BEST OF - but I am proud to say my law partner Dan Frith was named the Best Malpractice Attorney in Roanoke. Not one of the best, THE BEST.<br />
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Congratulations Dan. An honor well deserved.<br />
<br />Lauren Ellermanhttp://www.blogger.com/profile/16058143151409121944noreply@blogger.com0tag:blogger.com,1999:blog-22901073.post-70886283144815406542011-10-28T10:55:00.001-04:002011-10-28T10:56:09.911-04:00DEBATE ON TELERADIOLOGY - DOES IT MATTER WHERE THE RADIOLOGIST IS?If you have spent more than 10 minutes in an emergency room in the last 4-5 years, chances are good you had an x-ray, CT or MRI taken in your local hospital, read by someone many thousands of miles away.<br />
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Tele-radiology technology allows radiologists sitting at computers all over the world, to read scans, interpret them and return reports without ever having spoken to a treating nurse, physician, seeing the patient, etc.<br />
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Is this good for medicine?<br />
Good for patients?<br />
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<a href="http://www.msnbc.msn.com/id/44949425/ns/health-cancer/">There is a very vigorous debate going on about the positives and negatives of the practice - read more here. </a><br />
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A few of the arguments: <br />
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Saves money.<br />
But radiologists have no context to contributing injury if they are not on site.<br />
Radiologists without licenses are reviewing scans.<br />
Quicker.<br />
Only way to get quick reviews.<br />
Better for patients.<br />
Terrible for patients.<br />
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What do you think? <a href="http://health.newsvine.com/_news/2011/10/26/8492778-is-a-doctor-reading-your-x-rays-maybe-not#comments">Join the conversation. </a>Lauren Ellermanhttp://www.blogger.com/profile/16058143151409121944noreply@blogger.com1