During the recent health care summit, Senator Richard Durbin, who is an attorney who has worked for both plaintiffs and defendants in malpractice cases, spoke about the problems with the arguments made in support of limiting malpractice litigation. Sen. Durbin pointed out that researchers and scientists have determined that the medical malpractice reform being put forward by Republicans threatens to not only deprive innocent medical mistake victims of fair compensation, but will also actually result in thousands more people dying each year from medical errors.

Before the summit, the consumer watchdog group Public Citizen released a report on medical malpractice litigation in response to misinformation about medical liability reform. The group pointed out that the cost of medical malpractice claims have been steadily dropping and only represent 0.6% of the national cost of health care.

The report highlights five key points that have largely been ignored by proponents of medical malpractice reform:

1. Medical malpractice payments have fallen steadily for years and are now at or near historic lows;
2. Although an experiment in Texas has been promoted as proof of the potential benefits of so-called “tort reform,” health care cost increases in that state have far outpaced the national average since it instituted strict liability limits in 2003. Meanwhile, its worst-in-the-nation uninsured rate has gotten even worse;
3. Most of the money paid out for medical malpractice is for serious outcomes, such as death or quadriplegia. Damage caps would affect the ability of seriously injured people to obtain reasonable compensation; they would not reduce the incidence of alleged “junk lawsuits”;
4. A serious patient safety crisis does exist; and
5. Addressing senseless medical errors would save several times as much money as the combined costs of the medical malpractice litigation system, including those for verdicts and settlements, defense litigation, and liability insurance companies’ profits and overhead.

>>MORE INFORMATION: St. Joseph Stent Problems with Dr. Midei

Senators Max Baucus and Charles Grassley, who head the Senate Finance Committee, have given the Towson, Maryland hospital until March 12 to surrender records on Medicare payments over heart stents that were not needed. The senators are looking at whether the hospital intentionally ripped off Medicare, and whether the hospital had any ties to stent manufacturers that may have encouraged them to promote unnecessary heart surgeries.

The allegations center on the activities of Dr. Mark Midei, once a marquee heart surgeon at the medical center. Midei was stripped of his duties at the hospital amid another federal investigation last summer following a patient complaint. The hospital has since acknowledged that hundreds of former patients of Dr. Midei, who were told they had potentially dangerous heart blockages, actually had minimal blockages that may not have required a stent implant.

In a story published this weekend in the Baltimore Sun, the paper reports that the senators are concerned both with the allegations that a St. Joseph doctor unnecessarily put patients at risk, and also with the broader implications of health care fraud and abuses:

“In addition to putting patients’ lives at risk, unnecessary medical procedures amount to wasteful spending of precious federal health care dollars,” the senators wrote in a letter to the hospital, which was sent to CEO Jeffrey K. Norman this week and shared with The Baltimore Sun.

St. Joseph officials pledged to cooperate, calling the committee’s interest understandable, given the hospital’s disclosure that hundreds of patients received expensive and potentially dangerous procedures that they might not have needed.

ST. JOSEPH STENT LAWSUITS

The lawyers at Saiontz & Kirk, P.A. represent individuals who are pursuing claims against Dr. Mark Midei and St. Joseph Medical Center as a result of an unnecessary stent procedure.

If you, a friend or family member received a letter about a stent implant by Dr. Mark Midei at St. Joseph Medical Center you have important legal rights. It is important to protect yourself and your family by requesting a free and confidential consultation and claim evaluation.

After St. Joseph Medical Center began sending letters to former stent patients of Dr. Mark Midei about subsequent reviews of their procedure, our lawyers started investigating potential claims on behalf of individuals. While the potential for a St. Joseph class action lawsuit was evaluated, we ultimately determined that it would likely not be the best way to investigate this matter and secure compensation for our clients.

Through a class action suit over St. Joseph stents, the individual circumstances of each case are not fully considered and individuals are not able to obtain compensation for all of the unique damages they may have experienced. In addition, the process of obtaining class certification is very long and often does not serve the best interests of those who have suffered injuries like those that could be caused by an unnecessary cardiac stent procedure.

Former St. Joseph stent patients will likely be in a better position to investigate their individual claims and secure a quicker, more complete recovery by contacting our attorneys to investigate and pursue their own St. Joseph stent case.

ST. JOSEPH STENT LAWYERS

The lawyers at Saiontz & Kirk, P.A. are pursuing cases for stent patients who received a letter from St. Joseph Medical Center about medical concerns regarding their cardiac catheterization procedure with stent placement. Potential legal claims are also being investigated for former patients of Dr. Mark Midei who suspect that their stent procedure may not have been necessary.

All cases are investigated and pursued on a contingency fee basis, which means that our lawyers can obtain copies of the necessary records and have them reviewed by an expert with no fees or expenses charged unless a recovery is secured. To obtain a free consultation to review your options and legal rights, request a free consultation and claim evaluation.

Washing hands, maintaining checklists and thoroughly cleaning medical equipment and rooms all go a long way towards the prevention of the spread of bacteria and infection, and are simple, cost effective, and could save patients hardship, money, and potentially their lives. These simple preventative measures could also save hospitals millions in medical malpractice awards and legal fees.

According to the Wall Street Journal report, infection in hospitals affect as many as 10% of all U.S. hospital patients. These infections result in up to $6.5 billion in unnecessary cost and result in an estimated 100,000 deaths every year. However, as the report points out, “they are not inevitable.”

For example, the article reports that hospitals that have installed hand sanitizer at regular intervals have seen the staff’s basic hand hygiene compliance jump from less than 50% to more than 80%. While that’s encouraging, the fact that some hospitals needed hand sanitizer stations because less than half their staff was regularly washing their hands before interacting with patients could go a long way to explain why hospital infections, and hospital infection lawsuits, have been on the rise.

The U.S. Centers for Disease Control and Prevention (CDC) reports that there are more than 2 million hospital infections acquired by patients each year. That’s not including 1.5 million nursing home infections acquired by patients in long-term care facilities.

Most experts agree that such infection from hospitals are preventable through simple steps and protocols. These protocols can include:

• Frequent hand washing
• Thorough cleaning of medical instruments and rooms
• Screening incoming patients for latent infections
• Creating portable kits of sanitized equipment used in common nursing procedures
• Bedside procedure checklists to ensure procedures are done correctly

In addition to the old standards, there is a batch of new technology which will make it easier for hospitals to reduce infections, and will make it even more inexcusable when they are unsuccessful at doing so. Some of the emerging technologies include room sanitizing robots, databases showing where a hospital is generating the most infected patients and which surgeons are having problems with infected patients, and antibacterial baths for patients most at risk.

HOSPITAL INFECTION MALPRACTICE LAWYERS

The medical malpractice lawyers at Saiontz & Kirk, P.A. investigate potential claims for injuries caused by hospital infections throughout the United States. If you, a friend or family member have suffered a severe or fatal injury as a result of an infection from hospital negligence, request a free consultation and claim evaluation.

>>INFORMATION: Medical Malpractice Lawsuits

The report is published in the September 23 issue of the Journal of the American Medical Association. Researchers from the Mayo Clinic looked at stress and fatigue as separate factors in medical errors instead of combining them, as previous studies have done. Scientists involved in the study said their results suggest that distress over things such as burnout, family issues, financial problems and depression should be considered a separate issue from fatigue, which requires its own solutions.

The study looked at 430 internal medicine residents, surveying them from 2003 through 2008. The study asked doctors to score their fatigue, sleepiness and stress and were asked to self report when they made what they considered to be a major medical mistake. Researchers found that as symptoms of fatigue, depression and stress increased, so did the number of major medical mistakes doctors reported.

Recent efforts to make changes to medical training to avoid burnout have focused solely on fatigue, researchers said, which is only addressing part of the problem. The researchers also said that there is very little data on how, exactly, to improve quality of life issues for doctors suffering from distress, so it is unclear at this point what methods would best address the problem. The study’s researchers point out that more studies need to be done on improving such factors, and how they could lead to less medical mistakes.

According to a 1999 report from the Institute of Medicine, nearly 100,000 people in the U.S. die annually from preventable medical mistakes. The report also found that preventable medical errors cost between $17 and $29 billion annually.

In August, the consumer advocacy group Public Citizen found that a number of basic, cost-cutting, patient safety measures such as the use of checklists in surgical procedures, best practices in treatment of ulcers and preventing bedsores and other simple, preventative measures could prevent a large number of doctor errors, regardless of fatigue or stress, and would save an estimated 85,000 lives and $35 billion a year.

MEDICAL MALPRACTICE ATTORNEYS

The medical malpractice attorneys at Saiontz & Kirk, P.A. investigate potential claims for serious injuries caused by medical mistakes. When a doctor or other healthcare professional fails to give their full time and attention to the patient they are treating, serious and potentially life-threatening injuries can result.

While every medical mistake does not result in a lawsuit for medical malpractice, if you suspect that a mistake or error resulted in a serious physical injury, you can obtain a free consultation to help determine whether financial compensation may be available. To speak with an attorney, request a free claim evaluation.

>>INFORMATION: Prescription Mistake Lawsuits

A recent ABC News story on medication provided some valuable information on how consumers can help protect themselves from potentially dangerous prescription mistakes.

The report points out that there are more medications on the market than ever before, and many of those medications have similar names. The article also points out that pharmacists are filling twice the amount of prescriptions than in previous years, doctors are notorious for their handwriting, and pharmacy error could also occur because a pharmacist misunderstood a phoned in prescription.

Some of the suggested tips from the article include:

• Know the size, shape, color and strength of any pills you take routinely.
• If you are trying a new medication, ask your doctor for a sample or ask to see a picture of the drug in the Physician’s Desk Reference. You can also go to the Physician’s Desk Reference Web site at www.pdr.net.
• Many doctors now write prescriptions on a computer. If not, be sure your doctor writes neatly and ask him to identify the drug by both the generic and the brand name.
• Also ask your doctor what the medication is most commonly used for, how to take it and what the side effects are.
• Then ask the pharmacist those same questions and make sure the explanations match.
• Finally, note the strength and instructions your doctor had in mind and make sure the pharmacist fills the order as intended.
• If you are the victim of a medication mix-up, file a formal complaint with your state’s board of pharmacy.

PRESCRIPTION MEDICAL MALPRACTICE LAWSUITS

If you, a friend or family member have suffered a severe injury as a result of a medication mix-up, the prescription mistake lawyers at Saiontz & Kirk, P.A. can investigate what went wrong and help determine if financial compensation may be available. All cases are investigated and reviewed on a contingency fee basis, which means that there are no fees or expenses unless a recovery is obtained. To review a potential claim for yourself, a friend or family member, request a free consultation and medical malpractice claim evaluation.

>>RELATED INFORMATION: Hospital Injury Lawsuits

The new guidance from FDA’s Center for Devices and Radiological Health (CDRH) outlines not only how to avoid hospital bed entrapment, but also details fire prevention and home use safety tips. Since 1985, the FDA has received 803 incident reports of patients becoming trapped, entangled or strangled in their hospital beds. There were 480 deaths, mostly involving frail, elderly or confused patients.

There are about 2.5 million hospital beds in use at various types of facilities across the United States. The guidance identifies the head, neck and chest as areas most vulnerable to entrapments that could lead to a serious hospital bed injury. It also notes that the railings on the beds are the most dangerous. Of the seven “zones of entrapment” identified by the FDA on hospital beds, six involve the rails.

In addition to a risk of entrapment, hospital bed rail use can cause serious injury if a patient tries to climb over the rail.

The guidance warns that motorized hospital beds also have an increased fire risk, albeit a rare one, due to the possibility of electrical shorts, overheating or materials falling into the motor casing. The guidance notes that most fires from such beds are due to a lack of proper maintenance. Risk of fire can be reduced by:

• Inspecting power cords
• Avoiding the use of extension cords or “power” strips
• Keeping the bed and area around it free of dust and lint
• Inspecting control panels for signs of damage where liquids could enter
• Keeping linens and clothes away from outlets and power sources.

HOSPITAL BED INJURY LAWYERS

The medical malpractice lawyers at Saiontz & Kirk, P.A. investigate potential cases for severe and fatal injuries caused by the negligent use, maintenance or design of hospital beds. If you, a friend or family member have suffered from a hospital bed problem, request a free consultation and claim evaluation.

The medical malpractice lawyers at Saiontz & Kirk, P.A. investigate potential hospital infection lawsuits throughout the United States for individuals injured by these largely preventable conditions.

MRSA, known as methicillin-resistant Staphylococcus aureus, is a difficult-to-treat infection in humans because it is resistant to a large group of antibiotics. In hospitals, where patients with a weakened immune system are at greater risk of infection than the general public, medical staff have a duty to follow proper sanitary procedures to reduce the risk of transferring the bacteria from patient to patient.

This month’s issue of the Pediatric Infectious Disease Journal contains a study on infant infection rates at hospital NICU (neonatal intensive care units) across the country. Since 1994, there has been a sharp increase in the rate of infant hospital infections, including a tripling of the number of MRSA infant infections.

Researchers from the U.S. Centers for Disease Control and Prevention (CDC) looked at data from the National Nosocomial Infections Surveillance system from 1995 through 2004. The data included 5.9 million patient-days of information. Analysis of the data found that the rate of late-onset MRSA infections increased from 0.7 percent in 1995 to 3.1 percent in 2004. That represents an increase of 308%. MRSA infections represented 23% of all infant NICU staph infections.

The study focused primarily on late-onset infections. These infections do not occur during the first three days after delivery, which can be attributed to transmission during labor and delivery. Instead, these infections are likely passed on to children from parents, hospital workers and other contacts with people and things during a hospital stay before release. The study found that most of the MRSA strains found in NICU infants were from strains mostly associated with hospital-acquired infections.

Because of the special nature of NICUs and the differences between infant and adult health care, the study’s researchers said new strategies may need to be developed in order to protect infants from hospital infections. CDC researchers concluded that the study indicates “a need to reinforce infection control recommendations and to explore potential sources and routes of transmission.”

HOSPITAL INFECTION LAWYERS

There are more than 2 million hospital infections acquired each year, resulting in about 90,000 deaths annually. Another 1.5 million long term care and nursing home infections occur every year. Infections can also lead to chronic health conditions and permanent physical damage, including potential amputation of limbs to prevent the spread of the infection.

Experts suggest that when hospitals follow certain steps and protocols, the infection rate at a particular facility can be negligible. These protocols include frequent washing of hands, instruments and patient rooms. In addition, screening for latent infections in incoming patients can allow staff to take steps to prevent other hospital patients from becoming infected.

If your child or a family member has suffered from a hospital MRSA infection which resulted in serious injury or death, potential compensation may be available through a hospital malpractice lawsuit if staff failed to follow proper precautions to reduce the risk of infection. To review a potential claim with our hospital infection lawyers, request a free consultation and claim evaluation.

A new report by the consumer advocacy group Public Citizen, The 0.6 Percent Bogeyman highlights how efforts to further “reform” the tort system should really be spent on improving the quality of care to reduce the number of preventable medical mistakes.

While the payments and frequency of medical malpractice lawsuits have plummeted, Public Citizen points out that there has been no actual measurable increase in medical safety. The report demonstrates that the financial impact of medical malpractice has been overinflated in an effort to further limit individual’s access to the courts.

In the introduction to their report, Public Citizen states:

The number of malpractice payments in 2008 was the lowest since the creation of the federal government’s National Practitioner Data Bank, which has tracked medical malpractice payments since 1998. This was not an aberration. Last year was the third consecutive year in which the number of medical malpractice payments sunk to an all-time low. The cumulative value of malpractice payments (as distinct from the number of payments) in 2008 was either the lowest or second-lowest on record, depending on how one adjusts for inflation.

Medical malpractice litigation’s share of overall health care costs, which always has been minuscule, has fallen to less than 0.6 percent even under the most liberal definition. This figure encompasses insurance companies’ overhead and profits, as well as their litigation costs and the sum of actual payments made to victims. Actual medical malpractice payments have fallen to less than 0.2 percent of all health costs – the lowest level on record.

State and federal policy makers should not take comfort in the declines in medical malpractice litigation. Rather than pointing to safer medical care, the reduction in payments almost certainly means that there are ever more malpractice victims not receiving compensation – and fewer incentives for doctors and nurses to reduce errors.

The guidance was released June 12 by the Department of Health and Human Services’ Centers for Medicare and Medicaid Services. It includes a list of things that nursing homes can do to restore dignity and mental well-being to nursing home residents. A large number of the suggestions are geared, for the most part, toward nursing home residents like respected human beings.

The suggestions have a strong emphasis on dignity and independence, without compromising care and safety, with recommendations like:

• Allow residents to dress in their own clothes, as opposed to hospital gowns
• Use napkins instead of bibs, unless requested by the resident
• Avoid standing over residents while they eat
• Grooming residents how they wish to be groomed
• Giving residents the right to choose health care and activities schedules
• Allowing residents the right to choose who they room with.
• Avoid staff conversing in the presence of residents as if the resident is not there.

According to the Medicare guidance:

A personalized, homelike environment recognizes the individuality and autonomy of the resident, provides an opportunity of self-expression, and encourages links with the past and family members. The intent of the word “homelike” in this regulation is that the nursing home should provide an environment as close to that of the environment of a private home as possible. This concept of creating a home setting includes the elimination of institutional odors, and practices to the extent possible.

If staff are required to treat a facility like a home where residents live, then not only could it lead to an increase in personal dignity for those residents, but it could also lead to an increased view of them as dignified and independent people by staff. This could certainly result in a reduction in cases of abuse and neglect.

NURSING HOME RIGHTS LAWYER

The attorneys at Saiontz & Kirk, P.A. investigate potential cases for nursing home abuse and neglect throughout the United States. In many cases where serious injuries are caused by poor care, there is a culture among the nursing home employees where residents are not afforded the respect and dignity that they have earned over their lifetime.

If your friend or family member has suffered a nursing home injury caused by inadequate care, request a free consultation and claim evaluation.

>INFORMATION: Nursing Home Elder Abuse

Unfortunately, elderly abuse is a common problem in the United States, with thousands of cases each year, and likely many more that go unreported. Victims are often ashamed to discuss the abuses inflicted upon them, which can include physical assault, sexual abuse, deprivation of food, neglect, confinement and mental and verbal abuse.

Cases investigated by our nursing home abuse lawyers have often uncovered horrific examples of assault, neglect and other abuses that can not only cause serious and life-threatening injuries, but also deprive elderly of the dignity and self-respect they have earned over their life-time,

According to the World Health Organization, 36% of nursing home employees have reported witnessing at least one incident of physical abuse of an elderly resident, 10% admitted having inflicted at least one act of physical abuse on the elderly themselves, and 40% said they had psychologically abused patients.

A 2007 study published in the Journal of American Geriatrics Society found that while only 6% of elderly subjects studied admitted to suffering abuse, detailed interviews and exams discovered that 21% of them likely had been abused.

Even minor instances of abuse can have devastating effects on residents, who may be physically frail, already suffering from medical conditions, or dealing with mental health issues.

Family and friends should always be alert for signs of nursing home elder abuse and neglect, which could include:

• Suspicious bruises or cuts
• Burns
• Unexplained hair loss
• Angry or indifferent attitudes by caregivers
• Sudden changes in attitude by residents toward caregivers
• Poor hygiene
• Dehydration
• Malnutrition

Numerous organizations that advocate for the elderly will participate in June 15 activities to promote awareness of elderly abuse and of programs aimed at eliminating such abuses, and to increase public and political support for those programs. This is the fourth year June 15 has been set aside for such activities. INPEA has posted a community “toolkit” on their website to help other activists worldwide coordinate efforts and effectively spread awareness.

NURSING HOME ELDER ABUSE LAWYERS

If you suspect that a friend, family member or loved one has been the victim of elder abuse or neglect, contact authorities immediately. To review whether potential compensation may be available through a nursing home lawsuit, contact our attorneys to request a free consultation and claim evaluation.

>>INFORMATION: Pharmacy Error Lawsuits

According to the article, Walgreens pharmacy in North Spokane provided Courtney Lindberg with the wrong medication for her seriously ill infant. The baby was prescribed a diuretic called Lasix as a temporary solution to help the baby breath easier and feed until heart surgery could be completed. While the prescription was labeled as Lasix, the bottle actually contained the heart medication digoxin.

Luckily the mother noticed the problem before any permanent harm was done, as she noticed that the medication was not working and that it was a different color than prior prescriptions.

As described in the Spokesman-Review:

Lindberg grabbed the bottle and read the label. Then she looked more closely: The label was affixed to a bottle containing the wrong medicine.

“It floored me,” she said. “Walgreens gave me the wrong medicine, and I had been giving it to my baby all day.”

Walgreens says the case is a rare error, and the baby’s Spokane cardiologist said no permanent harm was done – although it could have been if Lindberg hadn’t caught on so quickly.

Lindberg said she isn’t looking for money and isn’t even interested in an apology. She wants her story told as a cautionary tale.

“What I want is for them to make sure this doesn’t happen again,” she said.

“I know that no one did this on purpose,” she added. “But it’s scary, and I would hope that everyone double-checks their prescriptions.”

Walgreens indicates that they have spent over $1 billion over the past decade on programs designed to avoid these types of inexcusable and careless human errors. They are the largest pharmacy chain in the United States, filling over 16% of the prescriptions throughout the country last year.

According to a 2006 report by the Institute of Medicine of the National Academies of Science, over 1.5 million people are injured or killed every year in the United States by a medication error or pharmacy mistake. The problems can be caused by a pharmacy filling the wrong drug, a physician prescribing the medication inaccurately or nurses giving individuals someone else’s medication.

PHARMACY MALPRACTICE LAWYERS

The medical malpractice lawyers at Saiontz & Kirk, P.A. investigate potential cases for pharmacy errors and medication mistakes throughout the United States. If you, a friend or family member have been seriously injured or killed as a result of carelessness or negligence, request a free consultation and claim evaluation.

>>INFORMATION: Nursing Home Negligence

The nursing home negligence lawyers at Saiontz & Kirk, P.A. investigate potential lawsuits for injuries caused by neglect and abuse at facilities throughout the United States, and most injuries can be tied to a nursing home’s desire to place profits above patient safety.

Especially for large nursing home chains, removing the threat that they will be subject to large damages awards will result in lower staffing levels, less supervision, poorer care and more injuries like nursing home bedsores, dehydration, malnutrition and wrongful death.

Advocates for tort reform have made in-roads in many states to limit injury victims’ ability to pursue full compensation for injuries caused by the negligence of another. Nursing home lawsuits not only help provide compensation for those injured by neglect or abuse, but also act as an important safe guard in our society to ensure that proper standards are followed in the nursing home industry and that the cost of compromising patient safety can not viewed as a line-item on a balance sheet.

Tennessee house Bill 2243, dubbed the “Kill Old People Cheap Act”, reached a deadlock vote of 3-3 before the House Civil Practice and Procedure Subcommittee Tuesday. While it is technically still alive this legislative session, the sponsors of the bill have acknowledged that it is likely dead for this year. However, friends and family members of Tennessee nursing home residents can certainly expect the issue to be raised again in the future. They should let their position on this legislation be heard by their local elected officials to drown out the disproportionately loud voice given to the nursing home industry and insurance lobbyists.

NURSING HOME NEGLIGENCE ATTORNEYS

If you suspect that an injury suffered by a friend or family member was caused by nursing home negligence, contact our attorneys to request a free consultation and claim evaluation.

>>INFORMATION: Traumatic Brain Injury Lawsuits

According to the BIAA, about 1.4 million people suffer a traumatic brain injury every year as a result of car accidents, sports, falls and other incidents.

Problems caused by a brain injury trauma can vary widely, potentially impacting the person’s motors skills, cognitive ability and sensory perception. They could result in difficulty thinking, speaking, learning and remembering. Emotions, sensation and ability to function in day-to-day activities could also be adversely affected.

A brain injury may also increase the risk for chronic diseases such as Parkinson’s disease, Alzheimer’s disease, epilepsy and other brain conditions.

Last month a study was published by the medical journal The Lancet, which indicated that children and young adults who suffer a traumatic brain injury could face an increased risk of epilepsey even more than 10 years after they suffer a head injury.

>>PRIOR POST (2/24/2009): Traumatic Brain Damage in Children

The Brain Injury Association of America provides information, education and support which is available to assist the estimated 5.3 million Americans who have suffered a brain injury trauma which impacts their daily activities.

TRAUMATIC BRAIN INJURY LAWYERS

In many cases a traumatic brain injury is caused by the negligence, recklessness or carelessness of another person, and financial compensation may be available to help provide for the life-time of care and assistance that may be required.

The traumatic brain injury lawyers at Saiontz & Kirk, P.A. investigate potential head injury lawsuits throughout the United States. Free consultations are provided to help families determine whether they may be entitled to compensation and there are no fees or expenses unless a recovery is obtained.

If you, a friend or family member have suffered a traumatic brain injury, request a free claim evaluation.