Legal Medicine

GETTING GOOD CARE IN THE NURSING HOME

2009-12-07T10:32:00.004-05:00

Isn't that all we want for our loved ones? Pretty simple isn't it?

I just read an interesting book which is a must for family members who want to understand how to optimize the care received by their loved ones who live in a nursing home. The book, An Insider’s Guide to Better Nursing Home Care, is written by Donna M. Reed, a nurse with considerable experience working in nursing homes.

The most important points raised by this informative book include:

1. Determine whether the staffing is appropriate. One of the underlying themes of the book is that nursing homes are, in general, understaffed. Other than asking what the nurse-to-resident ratio is, Ms. Reed suggest ways to confirm the staffing, such as, by counting how many beds are in your parent’s unit, and casually asking “How many nurses are on duty tonight?”

2. You can and should be involved in your parent’s care plan. Ms. Reed states that residents can be awakened as early as 4am. Communicating your parent’s needs and preferences, in a respectful manner, and visiting often (and building a positive relationship with staff) will go a long way in getting the care you desire for your parent.

3. Know that your parent does not have to switch to the facility physician. Even though it is easier for the all residents to be seen by the facility physician, it is your parent’s choice. You would need to ensure the current physician agree to treat patients who are in a nursing home. Also important to confirm on-call coverage is 7 days/week.

4. Get a copy of your parent’s current medical chart once a year and after every hospital transfer and /or significant medical event...you will be amazed at what is often written into the chart.

5. Know and contact for your state’s Ombudsman. Ombudsmen are administered by the Administration on Aging (AoA) and are advocates for residents, looking after residents’ safety and well-being. The Ombudsman for
Alleghany County, Botetourt County, Craig County, Roanoke County, Covington, Roanoke City, and Salem can be contacted here.

HOSPITAL NEGLIGENCE & INFECTION

2009-12-07T10:22:00.003-05:00

We often receive calls from Virginians who have suffered from a hospital acquired infection, like a staph (think MRSA) infection. Often times these infections are very painful and require additional hospitilization. Sadly, they can also be deadly.

Unless however, there is evidence of unsanitary conditions, improper disease prevention measures (no hand washing etc), or failure to treat (infectious disease doctor refused to examine patient) these cases are very difficult to prove in Court.

If your loved one has acquired such an infection - you need to start paying attention.

Are they in pain? What physicians are treating him or her? Hand washing going on? Urinary tract infection?

Sometimes these infections happen, and no one is to blame. Other times however, they can be prevented and or proper treatment will prevent the suffering.

Please let us know if we can assist you in evaluating your case today.

NURSING HOMES & BUGS

2009-12-04T11:10:00.003-05:00

A Nursing home under Virginia law, is a medical provider. This means the facility (and by extension its staff) owes the residents of the facility, certain legal duties. There is not an exact list of duties, but basically they must take care of, protect and treat your loved one's needs.

This also means they owe a duty to keep the facility in good condition - clean, and bug free. Notwithstanding, we have seen and know of cases where the following occurred:

- Fire Ants biting nursing home residents
- Maggots found inside resident wounds
- Bed bugs found in resident beds

There is no excuse for any of the above, but it continues to happen.

If your family learns that these insects, bugs, critters etc - are inhabiting the bed, body or room of your loved one, you need to take swift action.

Call Frith law firm - we have handled bed bug cases, maggot cases and sadly know a good bit about the spread of these terrible bugs.

Photo credit to WEBMD - link to their website and discussion of Bed Bugs here.

EMERGENCY ROOM ERRORS IN ROANOKE VALLEY

2009-12-03T08:48:00.006-05:00

I had the displeasure of spending 6 hours Tuesday night in our local Emergency Room, with my Mother.

Quick story - my Mom has MS and cannot walk about more than 5 feet with a walker. She was walking to her electric scooter, fell, hit her head on a table and her lower back on the floor. She fell HARD. We called 911 and they took her to the emergency room which is literally 1 block away from her apartment.

Let me discuss and share how the evening went:

5:30 - 6:30 pm - Mom remains supine on a stretcher in the hallway. When we asked a Physician Assistant for ice, he told her she would be transferred soon. When we asked for pain meds - they said not until she gets a bed. They asked her relevant information and left her in the hallway until 1/60 beds opened up which took some time. PS - nurses couldn't take vitals of folks in hallways because all but 1 machine was broken. Also, they wrote vitals on paper towels. What, no paper?

6:30 pm - nurse takes Mom to bed 43 with someone else's paperwork. They do not compare mom's wrist band to the documents - they just roll her away.

7:00 pm - A nurse arrives to give Evelyn her medication. My Mom is not Evelyn and tells the nurse she has the wrong patient. Nurse walks away.

HARMLESS ERROR.

7:15 pm - Doctor asks couple in bed two down from my Mom's "why are you still here?" Family responds, "Well Doc - you said we needed more x-rays so we are waiting to go to the X-ray room." Doctor responds - "Oh, I did, I will check on that."

HARMLESS ERROR.

7:30 pm - Physician Assistant (at least this one was nice and friendly)introduces herself to my Mom and asks if she is in pain. Mom says yes - PA asks where and says she will order x-rays and pain meds.

8:00pm - 2nd nurse comes in and says "Time for your IV." Mom says "I don't want an IV - I want some Tylenol." Nurse acts mad and storms away - we hear her saying to the PA "She doesn't want an IV."

Not an error, but here is my useless opinion: I think when you have a patient that is lucid and well aware of their pain and health needs, it would have been appropriate to ask maybe (1) have you fallen before? (2) When or how recently? (3)Have you taken pain meds before? (4) Do you want pills, IV or shot, etc.

8:30pm - Mom gets a Lortab and has to use the bathroom - I ask for a wheelchair (Reminder - she has MS - and CANNOT STAND let alone walk without assistance and now is in great pain from a fall and head injury).

8:50pm - broken wheelchair arrives - too big to use in bathroom safely. Ask for bed pan.

HARMLESS ERROR - you should have wheelchairs that work.

9:15pm - Bed pan brought. The used be pan is then placed on the trash can FULL of urine, next to Mom's bed. That's nice. Left there until we left. Yum.

I am guessing that is a HARMLESS ERROR - I might be wrong.

9:30pm - Xray tech comes to get Mom for Xrays. She tells him when she sees the table without sides - "sir, I have MS and can't stay on that table without help." So daughter (me) is solicited to turn and hold Mother on table because she has no trunk control.

10:00 pm - back to room (ps - X-ray tech was a great guy).

10:25 pm - Doctor comes in and says "You have very thin bones in your neck. You can go home now - where is the pain in your back?"
Physician assistant interrupts and whispers to doctor "The radiologist called - sees an acute finding at L4." Doctors dismisses comment and discharges my Mother. We ask for more details and none are given.

10:50 pm - get Mom in her own wheelchair with help of very nice security officer, and wheel her 1.5 blocks back to her house.

Yesterday - 2pm, receive call from Hospital "Oh, well - we would like your Mom to come back and get a CT. A radiologist found something acute at L4."

Suffice it to say, we are not returning and simply asked for the X-ray reports to be faxed.

So Virginians, I say I witnessed between 5-7 potential medical errors two nights ago. Thankfully, none of them caused any harm - and were solved, but oh boy was I scared.

Emergency room errors are not excusable simply because they are busy. The mistakes I saw were basic communication mistakes - wrong patient, wrong chart, potential for wrong medication. They also involved faulty equipment and no one telling anyone about the individual patients needs.

Thankfully, they were not lawsuit material because my Mother was not hurt. You don't want to have a medical malpractice case - you don't want to be hurt by these preventable mistakes.

Frith Law Firm has handled cases against emergency rooms all over SW Virginia, and after my experience this week, I know they are happening. Please call us if we can help. If you would like to share your stories with emergency room errors or mistakes in any of the following Southwest Virginia hospital emergency departments, comment or email me at lellerman@frithlawfirm.com and I will post your comments: Carilion Roanoke Memorial, Stonewall Jackson in Lexington, Lewis-Gale ED in Salem, Montgomery Regional in Blacksburg, Carilion New River Valley in Radford, Danville Regional Medical Center, Bedford Memorial Hospital, Carilion Franklin Memorial Hosp., Tazewell Comm. Hospital, etc.

We would be glad to share your stories with other SW VA. families.

PREVENTABLE FALLS IN NURSING HOMES

2009-12-02T06:05:00.000-05:00

Almost every week we speak with an individual whose father, mother, or spouse has fallen at a nursing home and suffered an injury as a result. Some of those callers tell us their loved one has fallen 3...5...10 or more times at the nursing home, but the nursing staff says there is nothing that can be done other than to keep the loved one in bed 24 hours a day.

This is a bunch of baloney!

The elderly are at increased risk for falls but there are multiple ways to reduce that risk...and steps that every good nursing home should take to reduce the risk of falling.

Take a minute to read the article, Falls in the Nursing Home, recently published in the Annals of Internal Medicine. After reading the article, make an appointment with your facility's Director of Nursing and ask why the guidelines set out in this article are not being followed.

DEAD BY MISTAKE

2009-12-01T06:54:00.000-05:00

A title like the one above will certainly get your attention! I can hear you "lawyer bashers" already...but you are wrong as this title doesn't come from a group of lawyers who represent the victims of medical negligence.

This title (and website) comes from a group of journalists with the Hearst newspapers. The idea for the website came from an informal discussion among reporters and editors from several papers who were looking at topics to investigate that would have a significant impact on people's lives. They decided on that focusing on the plague of fatal but preventable hospital errors would be a public service.

The stories are real...and read sad. Like the mother who bleed to death after the birth of her child...or the patient whose feeding tube was dumping nutrition into his lung as opposed to his stomach...or the man who fell at work breaking his leg but ended up in a vegetative state after getting care at his local hospital.

Tragic but preventable.

My Take: Let's stop "death by mistake."

NURSING NEGLIGENCE

2009-11-30T10:17:00.003-05:00

Yes, nurses, like all professionals, can make mistakes. But is a nurse's mistake "malpractice" in the legal sense?

In Virginia, you have a malpractice action if (1) medical professional is negligent and (2) that negligence is the sole cause of physical pain or suffering.

Could a nurse administer the wrong medication? Fail to take and communicate relevant information to the physician? YES... it is possible. It happens all the time in nursing homes when residents rarely receive physician care.

If you believe a nurse's mistake has caused you pain, we would be happy to help.

Would you want to name the nurse as a defendant? Probably not. To start with, most nurses don't make enough money and do not carry their own malpractice insurance. We don't like to sue people who don't have insurance - so most often, if a nurse makes a mistake which is malpractice, we would file suit against their employer, ie, the hospital or nursing home.

These facilities are legally responsible for the acts of their employees.

This is also good because juries don't like it when you pick on the little guy. A doctor with insurance and a good income is one thing, a nurse that makes $15 an hour is quite another.

If you have a nursing negligence inquiry, please call Frith law firm. We can evaluate the actions of the medical provider, and determine who the correct defendant should be - the employer or the individual.

UNDERSTAFFED NURSING HOMES

2009-11-27T03:31:00.002-05:00

Many nursing homes are focused on one thing...no, not providing good quality health care but their focus in on PROFIT. Profit above all else.

What do nursing homes do to increase profits? They reduce the size and training level of staff. Instead of 15 nurses taking care of 50 residents they will "save" some money (and increase profits) by using 10 nurses to care for 50 residents. Instead of having 3 registered nurses working each shift, they will have one registered nurse doing the same work.

What happens to the residents when the nursing home doesn't have enough well-trained nurses to care for them? Bad things...really bad things like those described in this article on understaffing.

ALARMS IN NURSING HOMES DO NOT WORK IF THERE IS NO ONE TO HEAR THEM

2009-11-26T03:22:00.003-05:00

I have heard many a family member say that the nursing home personnel promised dad or mom couldn't get out of bed (or out of the facility) without activating the emergency alarms...only to later find out the nursing home was so understaffed that no one was available to hear the alarm or respond to it.

Here is an interesting, and tragic, story from Minnesota.

It happens everday here in Virginia.

It does not have to happen.

DANVILLE REGIONAL HOSPITAL

2009-11-25T06:27:00.001-05:00

Danville Regional Medical Center (DRMC) was purchased by Nashville, TN based Lifepoint Hospitals, Inc. in 2005….and problems soon followed. The first couple of years brought about a number of changes at the management level, including the departure of four hospital CEOs in just a short time. More importantly for hospital patients, DRMC was Virginia’s only hospital to receive a preliminary withdrawal of accreditation status by the Joint Commission.

Well, lets fast forward to today. How are things at DRMC? Are the wait times in the Emergency Department reasonable? Are patients receiving good nursing care while awaiting or recovering from surgery?

I encourage our many readers from the Martinsville - Danville region to share their experiences and impressions.

PRESSUE ULCERS AND QUALITY OF LIFE

2009-11-24T06:03:00.000-05:00

It never ceases to amaze me when family members are told that there husband, wife, mother, father, etc. have a little "pressure sore" on their backsides or legs/feet and that it is being taken care of with a little cream and a bandage. The description given to the family makes it sound like their loved one is suffering from a mosquito bite! To the contrary, these skin wounds are serious medical problems.

Decubitus Ulcers, Pressure Sores, Bed Sores...whatever you want to call them...are bad, real bad! They are painful, often become infected, and can sometimes lead to death.

Not only are these sores painful...they are embarrassing to the resident. Certain microorganisms are known to produce offensive, odors (e.g., the ripe, fruity, somewhat foul smell of Pseudomonas). An individual with a highly exudating and/or odorous pressure sore may be emotionally or psychologically embarrassed or even devastated by the odor emanating from the wound and use drastic measures to eliminate the odor. Individuals with these sores often make attempts to mask the odor with room deodorizer or cologne and express feeling dirty. Some individuals isolate themselves. In addition, the need for frequent dressing changes, for bulky dressings, or for a vacuum-assisted device to handle the exudate can significantly impact self-image and lifestyle and decrease mobility.

My Take: Most pressure sores and decubitus ulcers can be avoided with regular and consistent repositioning of the resident. These changes in position, along with appropriate nutrition and hydration, will go a long way toward preventing this demeaning, and often life-threatening, condition. Demand that you loved one receive the care they are paying for and to which they are entitled.

FOREIGN BODY = MALPRACTICE

2009-11-23T10:05:00.002-05:00

A foreign body is not a UFO or an illegal immigrant. Legally speaking, a foreign body is something where it doesn't belong.

For example:
- a catheter used to place a stent to your heart, found years later in your lung
- a sponge left in your stomach after surgery that becomes infected
- a needle left in patient's neck after back or spinal surgery causing severe arm and neck pain
- a needle left in a woman's pelvic area after childbirth, found years later

Although surgeons are asked to keep track of all items used during surgery (Surgical Count) foreign bodies are often left after surgery. Metal, sponge and cloth does not do very well in humans and often causes problems including infection and additional injury.

Unlike traditional Medical Malpractice cases, foreign body cases in Virginia must be filed within 1 year of discovery of the foreign body.

That means - you have to consult an attorney and investigate your lawsuit options, as soon as you know about the foreign body and the consequences thereof.

In 2006, a Northern Virginia judge dismissed a case under Virginia statute of limitations because a woman who knew as of the end of February 2003 that a surgical needle had been left in her body after she received an episiotomy during childbirth in 1996, she failed to file her medical malpractice action until March 12, 2004. She was only 1 month past the statute, but the case was dismissed as a matter of law.

Frith Law firm can quickly review and analyze your Foreign body case before the statute of limitations runs.

MULTIPLE FALLS AND SERIOUS INJURIES

2009-11-23T09:26:00.003-05:00

Many nursing home residents are at increased risk for falling due to their medications, muscle weakness, stroke, Alzheimer's Disease, the use of walkers or canes, etc. I just read of a tragic story on this very problem and a nursing homes failure to take appropriate action.

An 82 year old California nursing home resident who was at increased risk for falls suffered two falls within the first couple of months at the facility. On a third occasion, she fell while in the facility's dining room and suffered a punctured lung and several broken ribs. The staff did not call for medical attention and simply placed the resident in bed. The next day the resident's husband came to visit and found his wife unresponsive. She was immediately transferred to a local hospital where she submitted to emergency surgery and incurred $88,000 in medical expenses.

The resident's family filed suit against the nursing home for its negligence in failing to have a Care Plan in place to address the resident's repeated falls as well as for the staff's failure to have the resident examined by a doctor after her last, and most serious, fall. The jury awarded the resident, and her family, substantial damages.

My Take: It is inexcusable (and negligent) for a nursing home not to have a Care Plan in place which reduces the risk of falls in a patient with a known history of falling. It is criminal for a nursing home to fail to provide medical attention after a resident suffers a fall serious enough to fracture ribs and other bones.

READ THE LABEL

2009-11-20T11:00:00.002-05:00

We frequently get calls from people who have experienced medication errors due to pharmacy mistakes.

People may be given their right medication - but wrong dose information.

or

Maybe they received their correct label, but with the wrong medication inside.

or

Maybe they were given someone else's pills and label!

The moral of the story is, pharmacists do make mistakes. They get rushed and don't pay attention to every pill and prescription.

This means that you need to read the label each and every time you pick something up. If however, you have suffered an (1) allergic reaction; (2) took a medication that caused you harm; (3) wrong dose, our firm handles pharmacy medication error cases and we would be happy to speak to you about your potential claim.

Again, it would be better for all of us if mistakes didn't happen, but medication erros can be devastating.

TRACKING TECHNOLOGY AND NURSING HOME PATIENTS

2009-11-18T09:18:00.004-05:00

My local paper (The Roanoke Times) ran an Associated Press article yesterday entitled, "Tracking Technology Applies to Patients." The article discussed the development of radio wave beacons and GPS systems to help families and nursing homes know the whereabouts of patients suffering from Alzheimer's Disease. This is great news for a terrible problem.

The problem is that as many as 60% of Alzheimer's patients will become "wanders." These patients are physically strong and capable enough to walk long distances but are often unable to return to their starting point. In the nursing home industry this is called "elopement," meaning that the resident has left the area of his/her supervision. It could mean the resident has left the building and is now wandering the nursing home grounds, parking lot, or left the area completely and his walking across a busy highway.

We have recently assisted two families whose family member suffered from Alzheimer's Disease and was classified a "wanderer." In both cases, the nursing home promised the family that the staff would closely monitor the resident. Further, both nursing homes told the family that all exterior doors were equipped with alarms and that a bed alarm would be used for added protection.

Guess what? In both cases the resident eloped (unnoticed) from the facility. One was found on the grounds of the nursing home, having fallen, with a bloodied face and broken nose. Unfortunately, the second resident was found, unconscious and face down in the facility's parking lot. The resident had fallen so forcefully that he ruptured a blood vessel in his brain, never recovered, and died 3 days later in a local hospital.

My Take: I am all for improved technology to provide increased safety for the elderly suffering from dementia and Alzheimer's Disease. But, the technology doesn't do the trick if the nursing home staff either chooses not to use the technology and doesn't know how to use it.

RESEARCH YOUR DOCTOR

2009-11-17T10:43:00.002-05:00

I spoke to a lovely woman yesterday about a Medical Malpractice case. Her husband had gone through an unecessary surgery.

While on the phone, I looked up the doctor in local Circuit Court records and learned he had been sued 6 times in the last 5 years.

Now it is the result of those cases that matter - not the fact they were filed. It appeared he had settled 1 case, 3 had been dismissed and the other two were still pending.

Do you want to know if your physician has been sued successfully for Medical Malpractice in Virginia before you let he or she operate / examine / recommend or treat?

You can find out a great deal online. I wrote an article on How to research your Virginia doctor For Free - please read and in the future, do some research.

FAILURE TO DIAGNOSE CANCER

2009-11-16T10:02:00.002-05:00

Cancer is a terrible word, and an awful disease.

Sometimes, Virginians are told by their doctors that they have caught the cancer early and that certain treatments should be considered to slow growth and hopefully, kill the cancer cells.

But sadly, even with today's technology, mistakes are made and cancer is not always caught in time.

We receive calls from Virginians who have been told a physician failed to catch the cancer in time. How is this possible they wonder? Did they not read the PT Scan or the pathology reports?

This week, a Virginia firm got a jury verdict for over $1,000,000 when a 54 year old cancer patient died. The family alleged the Ear Nose and Throat physicians should have suspected cancer and done a very simple in office test to detect whether cancer cells existed. Unfortuanetly, no test was done and by the time the cancer was found, it was already Stage IV and could not be treated a year later.

Delay in treatment can mean the difference in life and death for cancer patients. A month or two may not make the difference, but imagine what 6 months to a year could do for treatment.

Cancer is in and of itself, devastating. If a physician fails to order or appreciate tests reflecting cancer, and your loved one loses precious time for treatment, you may have a malpractice case.

Please call Frith Law Firm today for a free evaluation of your case.

FALLS IN VIRGINIA NURSING HOMES AND HOSPITALS

2009-11-15T13:55:00.004-05:00

How scary. You receive a call from Nurse Ratchet on the 3rd floor of the hospital because your brother fell out of the hospital bed... Or worse, fell in the bathroom and hit his head on the porcelain sink, rendering him unconscious.

Perhaps the Director of Nursing at ABC Nursing Home has been asked to call Mr. Smith's wife because Mr. Smith fell in the hall way of the nursing home fracturing his left hip, or knee, or femur.

A few years ago Dan handled a two cases for the family of an elderly woman in a nursing homes was found by staff unconscious and not breathing after she had attempted to get out of bed and became entangled in her bed rails.

Falls happen in hospitals and nursing homes all the time. Why? There are many reasons.

If your loved one has recently had a stroke, change in medication, broken bone, etc., he or she is a fall risk. This means the staff of the facility needs to evaluate ways to decrease the risk for falls and put various fall precautions in place.

Fall precaution may include colored bracelet so other staff know a resident is a fall risk. One may be lower bed, or pads on the floor next to the bed. Bed alarms and chair alarms can't prevent a fall, but should be used to notify staff that the patient is trying to move alone.

According to Centers for Disease Control, each year, an average nursing home with 100 beds reports 100 to 200 falls.

About 1,800 older adults living in nursing homes die each year from fall-related injuries.

Those who experience non-fatal falls can suffer injuries, have difficulty getting around and have a reduced quality of life.

Falls are serious. We can help families work with facilities to prevent falls, and god forbid one causes injury to your loved ones, we are available to help.

To read Dan's article on the danger of bed rails, or read Lauren's article on restrainst in nursing homes, visit Frith Law Firm's website. We look forward to speaking with you further.

SAVE THE PROFITS FOR AMERICA'S HEALTH CARE INSURERS

2009-11-15T12:04:00.002-05:00

I just wanted to share this short 2 minute video about the health insurance industry...it is especially relevant given the bill now before the US Senate.

Moveon.org hit the nail on the head as far as I am concerned.

See the short video here.

ELOPEMENT

2009-11-13T16:21:00.002-05:00

I have always wondered, is it harder to have your body and not your mind because of dementia, or would it be easier to suffer a broken body (MS, stroke, etc.) and have your cognitive function?

There is no clear answer - both are equally devestating.

Many of Virginia's nursing home residents however, are capable of walking, exercising and maintaining a level of physical activity, but sadly, do not have the cognitive ability to make safe choices.

Often times dementia or Alzheimers Disease will prevent someone from being able to connect to their present - which means behaviors may be inappropriate.

If this is the case, the nursing home should have a way to protect your loved one from eloping from or leaving the safe halls of the nursing home. Further, they should be prevented from having access to dangerous equipment in the nursing home etc.

Sadly however, we read daily where a loved one leaves the nursing home and the staff is completely unaware until something terrible happens.

We have represented families who found loved ones in nursing home parking lots with head wounds, or frozen to death in the woods near the facility.

Talk about negligence. How many nurses does a dementia patient have to pass before he gets to the front door and to the staff parking lot?

The human body will move if it is able (recall the song - "The boots were made for walking" - well, we too were made for walking, but unless the nursing home staff provides a safe place and means of re-direction, elopement can be devestating.

Our firm has successfully handled numerous elopment cases, and we would be honored to help your family too if this awful situation has occurred.

NURSING HOME MISTAKES

2009-11-13T16:06:00.004-05:00

When I was a child, my parents taught me to admit my mistakes, apologize if needed, and learn from my mistakes.

We get calls about a hand full of Virginia nursing homes ALL THE TIME - clearly, the staff and or owners of these for profit facilities have not learned from their mistakes.

This week, I received a call from a woman who learned only after her mother was hospitalized, that she had sustained 27 falls in the nursing home.

We had a case years ago where a local nursing home had failed to treat pressure ulcers in a woman who was a known pressure ulcer risk.

I have also received many calls about loved ones being over medicated by anti-psychotic medication in nursing home facilities. Despite the family demanding the medication be suspended, the elderly resident was continually over medicated.

Sadly, when nursing homes are understaffed and have high turnover, staff does not learn from their mistakes.

Am I making an excuse? No. I am speaking the truth and encouraging families not to tolerate these mistakes.

What do I mean?

If you notice any of the following problems and they are not immediately addressed after you have expressed your concern to the facility, you should walk - find a new facility.

What problems? repeated falls / dehydration / weight loss / choking / elopement attempts / pressure ulcers / etc.

Are they failing to bathe your loved one? Something so basic, and so necessary. This may indicate additional failures.

Please let us know if you need help moving a loved one or if a nursing home mistake has caused your loved one great pain and suffering.

VETERANS DAY IN SALEM VIRGINIA

2009-11-11T08:51:00.003-05:00

Today is Veterans day, so named by President Eisenhower when he renamed Armistice day Veterans Day in 1954.

Sadly, we don't always take great care of our Veterans mental and physical health.

According to National Coalition of Homeless Veterans, on any given day, between 500,000 and 900,000 Veterans of the United States, are homeless.

According to one source, at least 18 Veterans commit suicide every day.

Hundreds of Veterans each year are victims of medical malpractice at the Veterans Hospitals that were designed to provide the best care.

We have written before about our most recent successful Medical Malpractice case against the Veterans Administration. Each case is unique but all fall under Federal Law, the Federal Tort Claims Act. The settlements are not confidential because your tax dollars are paying for the physician's mistakes.

Demand better care for our Veterans. If you have been a victim of malpractice at a Veterans Administration facility, call an attorney right away - under Federal law you must provide very detailed notice of the claim.

Thank you for your service, and god bless all who are willing to serve.

DAILY NEWS - MORE ACCIDENTS

2009-11-10T08:43:00.003-05:00

Our local paper today is reporting pedestrians hit by cars - accidents with trucks on I-81. Serious personal injury can be devestating. One day you are driving to work and the next day an accident has caused so much back pain you can no longer sit at your desk.

One option for people in automobile accidents in Virginia is to work with the insurance companies directly. This may not be a bad plan of action if your injuries have healed and your medical bills easily calculated. But what about serious personal injury where the bills may exceed the insurance policy?

That is when an experienced attorney can help. Truck and car accidents happen all the time near Blacksburg, Roanoke, Botetourt because we are daily on Interstate-81 in Virginia... Our hope and prayer is always for safe travel but one glance at today's paper and you know that does not always happen.

CONGRESS IS BEHAVING BADLY

2009-11-10T06:00:00.000-05:00

Despite passing meaningful health care reform for the first time in decades, many Congressman need a refresher course in manners. The also need to vote in a fashion that is best for their constituents not just there own pocketbook...which in lined with contributions from the insurance industry and the medical industrial complex (hospitals, doctor groups, pharmaceutical companies, HMOs, etc).

Take a quick look at how Congress treated one of its own when Representative Bruce Baley (Democrat from Iowa) took the floor of the House of Representatives to talk about protecting patients from medical negligence. This is outrageous! Just listen to Baley's fellow legislators shout "trial lawyer...trial lawyer" in an attempt to drown out his comments.

Makes me damn proud to be a trial lawyer! Thanks for people like Representative Baley!

MYTHS ABOUT MEDICAL MALPRACTICE

2009-11-09T08:54:00.003-05:00

I'm tired of hearing the falsehoods about how lawyers who represent the victims of medical negligence are running doctors out of business and driving up the costs of health care. It is just not true and I want to share with you some observations about this issue and challenge our readers to dispute any of the points which follow:

Myth #1: There are too many “frivolous” malpractice lawsuits.
Fact: There’s an epidemic of medical negligence, not lawsuits. Only one in eight people injured by medical negligence ever file suit. Civil filings have declined eight percent over the last decade, and are less than one percent of the whole civil docket. A 2006 Harvard study found that 97 percent of claims were meritorious, stating, “portraits of a malpractice system that is stricken with frivolous litigation are overblown.”

Myth #2: Malpractice claims drive up health care costs.
Fact: According to the National Association of Insurance Commissioners, the total spent defending claims and compensating victims of medical negligence was just 0.3% of health care costs, and the Congressional Budget Office and Government Accountability Office have made similar findings.

Myth #3: Doctors are fleeing.
Fact: Then where are they going? According to the American Medical Association’s own data, the number of practicing physicians in the United States has been growing steadily for decades. Not only are there more doctors, but the number of doctors is increasing faster than population growth. Despite the cries of physicians fleeing multiple states, the number of physicians increased in every state, and only four states saw growth slower than population growth; these four states all have medical malpractice caps.

Come on readers....I challenge you to tell me where I'm wrong!