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Spine Injury Information Many Doctors Don't Explain

Mon, 06 Feb 2012 08:13:44 +0000

Many doctors still don't adequately explain the anatomy of the spine, the reasons for a patient's pain and the anticipated treatment plan. Here we will discuss the intricacies of spinal injuries and how a skilled personal injury attorney can help.

FISHKILL, NY, February 06, 2012 /24-7PressRelease/ -- How is a spine injury patient supposed to make an informed decision about his/her medical care if they don't understand the basics about the spine? The problem isn't as bad as it was a few decades ago, but many doctors still don't adequately explain the anatomy of the spine, the reasons for a patient's pain and the anticipated treatment plan when a patient goes to an orthopedist or neurosurgeon. All too frequently, I find myself performing the treating doctor's job by having to explain information to new clients that should have come from the doctor.

Spine Anatomy:

The spine is principally made up of vertebrae (bones), discs (cartilage between the vertebrae that act as shock absorbers and space maintainers), ligaments (that connect bone to bone and hold the discs in place between the bones), nerves (that convey directions to muscles to act and relay sensation to the brain) and muscles (that run up and down the spine like a pulley system).

There are eight Cervical vertebrae at the top of the spine, twelve Thoracic vertebrae in the middle of the spine, five Lumbar vertebrae in the lower spine and the Sacrum located at the bottom of the spine. The spinal cord travels down the spine and stops in the vicinity of the first Lumbar vertebra (Conus Medullaris). From that point, nerves continue down the spinal column. Nerve roots exit from the spine through openings called Foramina located at each level and on both sides of the spine.

Typical patient complaints include: localized spine pain; pain, numbness and tingling radiating (radiculopathy) from the neck down one or both arms or radiating from the lower back down one or both legs. Most spinal complaints result from an injury or from arthritic degenerative changes that take place over time in all human beings. Trauma can cause damage to the discs. A "slipped" or herniated disc occurs when the trauma causes disc material to rupture through the annulus fibrosus which normally holds the disc material in place. If the herniated disc puts pressure on the spinal cord or nerve roots that exit the cord, it can cause severe pain, numbness and tingling with radiation of the symptoms down the path of the nerve root that is being pressed upon or impinged by the herniated disc.

The role of the intervertebral discs is mechanical. They are the joints of the spine, enabling the spine to bend and twist in all directions. Discs support compressive loads arising from body weight and muscle tension and anchor one vertebral body to the next. The discs in the human body have no blood supply and lose water content over time. If a disc thins out or bony growths (osteophytes) develop on the vertebrae, nerve roots can also be pinched as is the case with a herniated disc.

A tear in the outside of the disc (annulus fibrosus) can cause leakage of irritating fluid that results in localized disabling pain, even if the disc doesn't herniate out of its space. The torn disc will lose its normal shape and its ability to work as a shock absorber and space maintainer can be compromised.

Diagnostic Methods and Tools:

A trained orthopedist (bone surgeon) and neurosurgeon (nerve surgeon) will be able to isolate the source of a patient's spinal complaints through a combination of physical examination, diagnostics tests and by obtaining an accurate medical history from the patient. While a physical exam will yield helpful basic information, the use of modern diagnostic studies is frequently necessary if the patient's complaints appear to be the result of more than a mild sprain or strain of soft tissue.

A CT scan (computerized axial tomogram) is an x-ray procedure that combines many x-ray images with the aid of a computer to generate cross-sectional views and, if needed, three-dimensional images of the internal organs and structures of the body. A CT scan is used to define normal and abnormal structures in the body and/or assist in procedures by helping to accurately guide the placement of instruments or treatments. CT scans are generally more useful in looking at bone as opposed to soft tissue.

An MRI (magnetic resonance imaging) is a test that uses a magnetic field and pulses of radio wave energy to make pictures of organs and structures inside the body. In many cases, MRI provides different information and may show problems that cannot be seen with other imaging methods such as an x-ray, ultrasound, or CT scan. Pictures from an MRI scan are digital images that can be saved and stored on a computer for more study. The images also can be reviewed remotely, such as in a clinic or an operating room. In some cases, contrast dye may be used during the MRI scan to show certain structures more clearly.

MRI testing will show most, but not all, herniated discs. However, sometimes the tearing of the annulus fibrosus is subtle, permitting irritating, caustic fluid to leak out of the disc and cause significant pain. An MRI may not reveal this kind of damage. Over the last 32 years, I've represented many spine injury victims with "negative" MRI's who have suffered for years with pain and restricted range of motion. In recent years, some of these victims have found help in the form of a fairly new form of testing called a provocative discogram.

When the provocative discogram is performed, a surgeon injects dye directly into several discs and a CT scan is obtained that reveals the damaged disc is leaking the injected dye (in film (a) above, you see the dye has spread out between the L4 and L5 vertebrae). The test, performed with the patient awake, also "provokes" pain where the disc is damaged. This testing is generally performed on the lower back but not on the neck because of the risk of spinal injury from the test which could cause quadriplegia.

Treatment Options:

Once the orthopedist or neurosurgeon has isolated the cause of the spine symptoms, they have a number of treatment paths that can be pursued. Except in the case where trauma requires immediate spine surgery, all surgeons tend to follow the same conservative approach to treatment of spine pain and other related symptoms. After trauma to the body, there is usually swelling or inflammation of soft tissue that can compress large or small nerves and cause pain, numbness and/or tingling. Initially, application of a cold compress or ice to the injured area helps to reducing the swelling. This can be complemented by the use of an anti-inflammatory medication.

Nonsteroidal Antiinflammatory Drugs (NSAIDs), are medications used primarily to treat inflammation, mild to moderate pain, and fever. Non-steroidal anti- inflammatory drugs (NSAIDs) are often an effective back pain treatment option. There are many non-steroidal anti-inflammatory medications. Acetaminophen, aspirin, ibuprofen, and naproxen are common ones. Acetaminophen can bring down your fever, but may not work as well for conditions caused by inflammation.

Steroid anti-inflammatories are powerful medications, which are based on hormonal substances, like cortisone. These medications have a stronger anti-inflammatory response than non-steroidal medicines. They can be taken as pills, given through your vein, or injected directly into a joint space. Injections of epidural steroid directly into the affected joint is usually performed as a series of three separate injections. If pain is being caused by swollen soft tissue that is compressing a nerve, these kind of injections can be helpful. Steroid anti-inflammatory drugs can have powerful side affects and must therefore be limited in their use.

Surgeons usually will employ a course of physical therapy when treating a spine injury. The physical therapy may include: hot and cold therapies; transcutaneous (electrical) nerve stimulation; Ultrasound; exercise; massage; and, aquatic therapy in a pool.

If less invasive treatments don't yield significant improvement in the patient's symptoms, there are other treatments that can be undertaken short of full-blown surgery. One approach used to treat severe chronic pain in the lower back is Radio Frequency Ablation (RFA), where radio frequency waves are used to produce heat on specifically identified nerves surrounding the facet joints on either side of the lumbar spine. By generating heat around the nerve, its ability to transmit pain signals to the brain is destroyed. The target nerves are identified through injections of local anesthesia prior to the RFA procedure. If the local anesthesia injections provide temporary pain relief, then RFA is performed on the nerve(s) that responded well to the injections. RFA is a minimally invasive procedure which can usually be done in day-surgery clinics, where the patient is sent home shortly after completion of the procedure. The patient is awake during the procedure, so risks associated with general anesthesia are avoided. The major drawback for this procedure is that nerves (other than the spinal cord) regenerate over time, so that pain relief lasts for only a short duration (6-24 months) in most patients.

When conservative care fails and the patient is unable to live with his/her symptoms or is at risk of permanent nerve damage if untreated, surgeons will consider performing spine surgery. In microdiscectomy or microdecompression spine surgery, a small portion of the bone over the nerve root and/or disc material from under the nerve root is removed to relieve nerve impingement and provide more room for the nerve to heal. A microdiscectomy is typically performed for a herniated lumbar disc and is actually more effective for treating leg pain (radiculopathy) than lower back pain.

A microdiscectomy is performed through a small (1 inch to 1 1/2 inch) incision in the middle of the lower back. First, the back muscles are lifted off the bony arch (lamina) of the spine. Since these back muscles run vertically, they can be moved out of the way rather than cut. The surgeon is then able to enter the spine by removing a membrane over the nerve roots (ligamentum flavum), and uses either operating glasses or an operating microscope to visualize the nerve root. Often, a small portion of the inside facet joint is removed both to facilitate access to the nerve root and to relieve pressure over the nerve. The nerve root is then gently moved to the side and the disc material is removed from under the nerve root.

Since almost all of the joints, ligaments and muscles are left intact, a microdiscectomy does not change the mechanical structure of the patient's lower spine (lumbar spine) and the recovery period is shorter than more invasive procedures. Microdiscectomy is generally performed in an otherwise healthy spine where removal of the herniated disc material is all that is required. When the spine condition is more complex and/or involves multiple levels of the spine, it is necessary for the surgeon to perform a more invasive procedure called a laminectomy.

A lumbar laminectomy is also known as an open decompression and is typically performed to alleviate pain caused by neural impingement that can result from lumbar spinal stenosis (narrowing of the spine). Spinal stenosis is a condition that primarily afflicts elderly patients and is caused by degenerative changes that result in enlargement of the facet joints. The enlarged joints then place pressure on the nerves, and this pressure may be effectively relieved with the laminectomy. The lumbar laminectomy is designed to remove a small portion of the bone over the nerve root and/or disc material from under the nerve root to give the nerve root more space and a better healing environment. Stenosis can exist from birth (congenital stenosis) in some patients.

The lumbar laminectomy (open decompression) differs from a microdiscectomy in that the incision is longer and there is more muscle stripping. First, the back is approached through a two-inch to five-inch long incision in the middle of the back, and the left and right back muscles are dissected off the lamina bone on both sides and at multiple levels. After the spine is approached, the lamina is removed (laminectomy), allowing visualization of the nerve roots. The facet joints, which are directly over the nerve roots, may then be undercut (trimmed) to give the nerve roots more room.

Post laminectomy, patients are in the hospital, on average, for one to three days and the individual patient's return to normal activity is largely dependent on his/her pre-operative physical condition and age.

The most invasive spine surgery procedure is the spinal fusion. Spinal fusion surgery is designed to stop the motion at a painful vertebral segment, which in turn should decrease pain generated from the joint. There are many approaches to lumbar spinal fusion surgery, and all involve adding bone graft to an area of the spine to create a fusion, thereby stopping the motion at that segment.

Two vertebral segments need to be fused together to stop the motion at one segment, so that an L4-L5 (lumbar vertebra # 4 and lumbar vertebra # 5) spinal fusion is actually a one-level spinal fusion. A spine fusion surgery involves using bone graft to cause two vertebral bodies to grow together into one long bone. Bone graft can be taken from the patient's hip (autograft bone) during the spine fusion surgery, harvested from cadaver bone (allograft bone) or manufactured (synthetic bone graft substitute).

In general, lumbar spinal fusion surgery is most effective for those conditions involving only one vertebral segment. Most of my clients don't report a significant limitation in motion after a one-level spine fusion. When necessary, fusing two segments of the spine may be a reasonable option for treatment of pain. However, spinal fusion of more than two segments is not considered likely to provide pain relief because it removes too much of the normal motion in the lower back and places too much stress across the remaining joints. Complete fusion of the spine takes up to one year following surgery. As is the case with laminectomy, patients are admitted to the hospital but, on average, stay for five to seven days. The patient's return to activity after spinal fusion takes much more time than after laminectomy.

The best fusion results in my clients appear to be present in patients who are not overweight and who are motivated to regain as much function as possible. However, clients who reportedly engage in excessive physical activity post-fusion such as manual labor, in my experience, tend to develop additional problems at adjacent levels of the spine that are not designed to shoulder additional stress loads.

For more information about how to receive compensation for injuries sustained in motor vehicle accidents, railroad accidents or other types of negligent circumstances, visit www.maurerlaw.net. Ira Maurer has been representing the legal rights of those suffering a catastrophic personal injury for more than 30 years in New York and throughout New England.

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Facing a Disability? Employer Benefits and Social Security May Both Help

Sun, 05 Feb 2012 08:12:23 +0000

Learn more about how your employer-provided disability insurance meshes with Social Security Disability benefits.

February 05, 2012 /24-7PressRelease/ -- Facing a Disability? Employer Benefits and Social Security May Both Help

Many employers provide a diverse array of benefits to their workers. Health, dental and disability insurance are among the most common types of employer-provided benefits. Since they frequently rely on it, most workers are familiar with health and dental coverage. But, as workers only rarely have to call on disability insurance, it may not be as well-understood as other types of employer-provided coverage.

Yet, even though most workers infrequently use their employer disability coverage, when it is needed, disability insurance can be an extremely important benefit. After becoming disabled, the two most significant sources of income for an incapacitated worker are often employer disability coverage and Social Security Disability Insurance ("SSDI"). Having a basic understanding of the interplay between these two types of disability benefits, along with seeking timely advice from Texas Social Security Disability lawyers, can prove hugely beneficial for anyone put out of work by a serious health condition.

Differences Between Employer Disability Benefits and SSDI

Although they share many similarities, there are several major distinctions between employer disability coverage and SSDI.

There are many different types of employer-provided disability coverage -- policies may be for long-term disabilities, short-term disabilities, or both. Some employers completely cover the premium costs of disability coverage for their workers, while others offer such policies at discounted group rates to employees.

SSDI, on the other hand, is a government-sponsored program managed by the U.S. Social Security Administration. Everyone who has contributed enough to SSDI through Social Security taxes (denoted as FICA deductions on most paystubs) is automatically covered. Unlike some employer disability policies, SSDI only covers impairments that prevent you from performing substantial work for a year or more; partial or short-term disabilities are not covered by SSDI.

Complementary Coverages

Employer disability coverage and SSDI are not mutually exclusive; on the contrary, they are often specifically tailored to function interdependently.

SSDI benefits include compensation for your normal pay, Medicare health insurance (after a given period of disability), and, if practicable, vocational rehabilitation or other types of support services that can ultimately help you get back to work. Your employer-provided disability package may overlap or exceed SSDI in terms of health insurance and other benefits, depending on the provisions of your individual plan. In terms of income replacement, however, most employer-provided disability insurance plans are designed to work in tandem with SSDI.

While some employer-provided disability plans provide higher amounts, replacement of 60 percent of your pre-disability income is typical of most policies. Your employer disability coverage makes up the difference between the monetary benefits supplied by SSDI and your policy's income replacement level.

As an example, imagine that your monthly income at the time you became disabled was $4,000. Your employer disability coverage stipulates 60 percent income replacement, which for you would be $2,400 per month. After submitting a successful SSDI claim, it is determined that you qualify for $1,400 a month in Social Security income replacement. Your disability insurer would then provide you with the additional $1,000 per month to bring your total disability payment to $2,400, 60 percent of your pre-disability income.

Challenges Faced By Disability Applicants

Unfortunately, getting the most out of your disability benefits is not always as simple as filling in the gaps between SSDI and your employer-provided insurance coverage percentage. Sometimes, when the Social Security Administration or private benefit providers improperly deny claims or drag their feet, experienced Social Security Disability attorneys can help you get the benefits you are entitled to.

A 2010 report from the Social Security Administration revealed that approximately three-quarters of SSDI applicants are initially denied benefits. Yet, after appealing, half of those who are originally turned down eventually receive the benefits they need.

An industry study conducted in 2010 showed that group disability insurers are more generous in approving claims than the Social Security Administration: just over 75 percent of long-term disability claims submitted to group disability carriers were approved. Even so, for individuals wrongly denied benefits or offered payments below the threshold provided for in their plan, this is of little consolation.

Advice for Disability Applicants

If you are suffering from a disabling condition, there are several measures you can take to protect your rights to benefits and improve your chances should you need to appeal a denial. Keep original documents outlining your medical condition in a safe place; only submit copies when providing documentation to SSDI or insurance authorities. Carefully review the policy terms of your employer disability coverage.

SSDI and employer disability coverage are meant to help you in your time of need. A disability can be a challenge in many ways -- help ensure that a lack of financial resources is not one of them by contacting an experienced SSDI attorney today.

Article provided by The Law Offices of Coats & Todd

Visit us at www.getdisability.org

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The Importance of Applying for SSDI Benefits After a Serious Diagnosis

Sat, 04 Feb 2012 08:13:40 +0000

It can take several months before SSDI benefits are approved. Because SSDI benefits provide crucial support, it is important to file for them as soon as possible.

February 04, 2012 /24-7PressRelease/ -- The Importance of Applying for SSDI Benefits After a Serious Diagnosis

Life often unfolds in unexpected ways. Individuals receiving a serious diagnosis, such as lung cancer, are not always sure what the next right step should be, what their lives will look like in six months, or what they will need to get through it.

Although everyone is different, the reality for many who battle serious diseases like lung cancer is that the fight can take a physical and emotional toll that renders them unable to work. Social Security Disability attorneys in New York City are an excellent resource to help these individuals apply for Social Security Disability Insurance (SSDI) benefits so they have financial support when they need it.

Lung Cancer Statistics

According to the Centers for Disease Control and Prevention over 200,000 people were diagnosed with lung cancer in 2007. That same year the disease claimed nearly 160,000 lives. The agency estimated 222,000 people would be diagnosed with the lung cancer in 2010.

Lung cancer is difficult to detect. In fact, there may be no symptoms until the disease has progressed to an advanced form. As a result, it often is not discovered until it has metastasized to other parts of the body, making it the most common cause of cancer death in the United States. When it is discovered, it almost always requires aggressive treatment, which keeps most individuals from working.

Social Security Disability Benefits and the Application Process

Fortunately, SSDI benefits can be expedited for people whose illnesses meet the list of conditions for compassionate allowances, like lung cancer. These benefits can help pay the mortgage, put food on the table and purchase other necessities.

Unfortunately, SSDI payments are not normally immediately available even to eligible applicants; For example, applicants must be disabled for at least five full months in addition to meeting other eligibility requirements before payments commence. Therefore, people who receive a specific serious diagnosis, like lung cancer, should apply immediately for SSDI benefits to avoid delays in receiving benefits.

The SSDI application can be complicated and lengthy. The Social Security Administration(SSA) considers a number of eligibility requirements, such as the applicant's legal status, eligibility based on their earnings record, as well as the extent of one's disability even after treatment is concluded in order to determine whether an individual qualifies for benefits.

There are three basic steps to obtaining social security benefits.

-Preparing the forms necessary and providing medical evidence for the SSA at the initial stage

-Reviewing the application before a judge if denied at the initial stage

-Further appeals (if necessary)

Navigating through the complex forms required by the SSA and gathering the appropriate medical evidence can be confusing and stressful during a time when energies are needed to focus on recovery. Utilizing a social security disability attorney can make the process easier.

Compassionate Allowances

For most people, it may take several months before they are approved for SSDI benefits. Fortunately, the SSA has special fast-track procedures for applicants with the most severe illnesses. Known as compassionate allowances, these diseases and conditions are pre-determined to be disabling events. This allows the SSDI to expedite the processing of a claim, approving benefits quickly and with less medical information.

The list of compassionate allowances includes many illnesses in addition to many cancers, including both non-small cell lung cancer and small cell lung cancers.

If you or a loved one is suffering from a disabling illness, SSDI benefits may provide critical financial support while you are out of work. It is important to apply for these benefits as soon as possible. An experienced Social Security Disability attorney can guide you through the process, making sure you have what you need to get these important benefits.

Article provided by The Klein Law Group, P.C.

Visit us at www.thekleinlawgroup.com

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Asbestos and the Medical Risks of Exposure

Wed, 01 Feb 2012 08:11:57 +0000

Asbestos, though useful in industry, carries serious health risks.

February 01, 2012 /24-7PressRelease/ -- In what was deemed a "preventative measure," the Charlotte-Mecklenburg School District (CMS) recently had asbestos-containing ceiling tiles removed from one of its elementary schools.

Over the 2011 Thanksgiving break, abatement professionals were scheduled to remove approximately 3,600 square feet of asbestos-containing ceiling tiles from Nations Ford Elementary, according to WSOC in Charlotte. CMS district officials and local environmental officials said there was not a reason for alarm, that CMS was removing the ceiling tiles as a way to prevent a "future hazard."

WSOC quoted Brian Kasher, Environmental Health and Safety Director, as saying, "It's not a hazard today, but there's a potential for hazard in the future. That's what we're eliminating."

While CMS said that notification of the asbestos removal was sent to parents, when news of the removal broke, many parents had yet to be told of the situation, according to WSOC. Environmental Protection Agency (EPA) rules state that it's the parents' right to know if the school their children attend contains asbestos, and advanced notice of asbestos removal should be given by school districts, according to a Mesothelioma.com article.

Asbestos

Asbestos is a naturally occurring mineral fiber that was commonly used as insulation in construction projects and in a number of other products from the late 1800s through 1989 when new uses of the product were banned by the EPA. Mesothelioma.com states that because asbestos is very strong and resistant to heat and corrosive chemicals, it was used in a number of common products, including:

- Roofing felt

- Shingles

- Brake pads and linings

- Flooring tile

- Ceiling tile

- Sheetrock and wallboard

- Insulation

- Protective clothing such as aprons, gloves and leggings

- Cigarette filters

- Cement mixtures

- Paint

Danger of Asbestos

When intact, asbestos does not pose much risk to humans. However, when products that contain asbestos become damaged, the tiny asbestos particles become airborne and can be inhaled in by humans, which poses significant health risks.

The EPA and the United States Department of Health and Human Services (HHS) have classified asbestos as a carcinogen, because exposure to asbestos has been shown to increase the risk of developing lung cancer and mesothelioma, according to the National Cancer Institute.

Children and adults who are exposed to asbestos particles are at risk of developing lung cancer, mesothelioma and asbestosis:

- Lung cancer -- This disease is responsible for the most asbestos-related fatalities, according to the EPA. Smokers who have been exposed to asbestos are at particularly high risk of developing lung cancer, as each contributes to the other's carcinogenic effects, according to the Mayo Clinic.

- Mesothelioma -- As the EPA notes, almost every case of mesothelioma is linked to asbestos exposure. A rare type of cancer, this disease attacks the membrane of the lung, chest, heart and abdomen. Mesothelioma has a long latency period and may not develop until several years after being exposed to asbestos.

- Asbestosis -- This non-cancerous disease is the scarring of the lung tissue, which makes it difficult for oxygen to enter the blood stream. According to the Mayo Clinic, it may take people exposed to asbestos 20 to 30-years to develop symptoms of Asbestosis.

Occupational Risk

There are many occupations that put workers at risk of exposure to asbestos. The Agency for Toxic Substances and Disease Registry (ATSDR) lists the following jobs as having high risk of occupational exposure:

- Demolition workers

- Auto mechanics

- Boilermakers

- Carpenters

- Drywallers

- Iron workers

- Electricians

- Roofers

- Plumbers

- Longshoremen

- Paper mill workers

Many people who have not worked in a job that exposes them to asbestos still develop asbestos-related illnesses. Often, these people were married to or lived with someone who was exposed to asbestos. Asbestos particles can become trapped in or attach to workers' clothing, and the asbestos particles may be inhaled by others, such as children, when this clothing is handled.

The latency period of many of the diseases that can result from the exposure to asbestos are very long, upward of 15 to 40 years. Because of this delay, it may be extremely difficult to prove the source of your asbestos exposure. Legal counsel experienced in handling asbestos claims can help you investigate and narrow down the potential source of exposure and discover the parties responsible for your injuries.

If you have developed mesothelioma, asbestosis or lung cancer after being exposed to asbestos, an attorney can advise you of your legal rights.

Article provided by Law Offices of Wallace and Graham

Visit us at www.usmesotheliomalaw.com/

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"Never Events" in Hospitals Should Never Happen, But Should Be Reported

Thu, 05 Jan 2012 08:14:30 +0000

When patients are injured or die accidentally during hospital stays, these incidents are rarely reported or publicized. The public needs to know how and why people were injured while hospitalized.

January 05, 2012 /24-7PressRelease/ -- When patients are injured or die accidentally during hospital stays, these incidents are rarely reported or publicized. Hospitals call these "never events," because they should never have occurred in the first place. While some of these adverse events may be inadvertent, many are caused by the negligent acts of hospital medical and staff personnel. The general public and future patients deserve to know the circumstances about how and why people were injured while hospitalized, so they can make informed decisions about their care.

Never and Adverse Events

Never events, which are negligent acts causing one type of adverse event, are events that "should never occur in a healthcare setting." The U.S. Department of Health and Human Services, which houses the Office of Inspector General (OIG), says patients experience this kind of adverse event when their injuries are serious, can be diagnosed and measured and could have been prevented. Examples of never events include wrong-site surgeries, suicide, operative complications, delayed diagnoses or treatment, prescription drug errors and falls.

Patients Suffer Severe Injuries

A report published by the OIG in November of this year estimated that 13.5 percent of Medicare patients who stayed in hospitals during one month experienced some type of never or adverse event. Of the 134,000 patients observed for the report, approximately 15,000 died. According to the most current statistics published by the Agency for Healthcare Research and Quality (AHRQ), there were more than 6,400 never events reported in 2009.

These types of negligent acts are often rare for a particular hospital, typically only occurring once in a 5 to 10 year span. However, when they do happen, never events cause severe harm or death to patients, with around 70 percent proving fatal. This can signify major problems within a hospital or other healthcare facility's processes, personnel or overall quality control. It is difficult for patients to know the details of these events, however.

Public Never Knows About Never Events

It is important for patients to know about the safety practices and quality of care at hospitals, but there are many reasons why never events go unreported. The federal Patient Safety and Quality Improvement Act of 2005 sought to keep reports of never and adverse events to patient safety organizations confidential. This tactic was a means to encourage reporting by hospitals and other healthcare facilities, but there is not requirement to report.

Advocates for the law say that many more never and adverse events would go unreported if this information was published. Hospital administrators also fear lawsuits and the threat of scaring patients away by making these reports public. Opponents claim these harmful incidents go unnoticed and the personnel, hospitals or other medical facilities responsible for patient adverse events and injuries are never held accountable for their actions.

Improving Hospital Reporting

Both state agencies and patient safety organizations continue the quest for better reporting of adverse and never events. Some states, like Minnesota, are attempting to bring more transparency by publishing reported adverse events online, indicating the hospitals where they occurred. While there are no mandated adverse or never event reporting requirements in place, hospitals should be held responsible for the pain and suffering, medical expenses or wrongful death of patients who experienced adverse or never events under their care.

If you are a patient who was injured during a recent stay at a hospital or medical facility, contact a local personal injury attorney with experience in medical malpractice litigation to discuss your legal rights and options for compensation.

Article provided by Floyd Buford, Attorney At Law

Visit us at www.fmbufordlaw.com

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Missouri Mesothelioma Victims Not Limited to Workers' Comp Claims

Thu, 29 Dec 2011 08:12:06 +0000

A recent Missouri Court of Appeals decision has changed the workers' compensation "exclusive remedy rule" as it relates to Missouri asbestos exposure victims and workers suffering from other occupational diseases.

December 29, 2011 /24-7PressRelease/ -- Generally, under Missouri law, workers' compensation provides an "exclusive remedy" to employees who suffer work-related injuries. Thus, most workers must rely on workers' compensation benefits when they are injured on the job and generally are not able to bring a civil negligence lawsuit against their employers.

However, a recent state Court of Appeals decision has changed this rule as it relates to Missouri asbestos exposure victims and workers suffering from other occupational diseases. These injured workers are no longer limited by the workers' compensation "exclusive remedy rule."

Asbestos-Related Diseases not Caused by "Accident"

The case concerned a man who was diagnosed with mesothelioma after working for Kansas City Power and Light for 34 years. He claimed that he was frequently exposed to asbestos-containing products while working for KCP & L and brought negligence and premises liability claims against the company. He also sued 16 asbestos-products manufacturers and several "John Doe" defendants that allegedly contributed to his asbestos exposure.

KCP & L sought to have the lawsuit dismissed, claiming that the man was limited to the remedies provided by Missouri workers' compensation law.

The court disagreed. It noted that the language of the workers' compensation statute only calls for an exclusive remedy in claims arising from a work-related "accident." However, the language of the statute also differentiates between injuries caused by accident and injuries caused by occupational disease. Thus, because the man's mesothelioma was caused by an occupational disease and not an accident, he was not barred from suing his employer for negligence.

What Does This Mean for Injured Workers?

The Missouri Court of Appeals' ruling is a departure from earlier law and represents a great victory for Missouri workers who have contracted occupational diseases such as mesothelioma, asbestosis and certain cancers. It means that workers whose disease was caused by their employers' negligence may be entitled to recover compensation above and beyond that provided by workers' compensation. For example, they may be awarded damages for pain and suffering or lost earning capacity.

Asbestos-related claims are often extremely complex and involve multiple defendants in addition to the injured person's employer. If you or a loved one has been diagnosed with mesothelioma, asbestosis or any other asbestos-related disease, it's important that you choose an experienced attorney who is well-versed in the details of asbestos litigation.

Article provided by Gori Julian & Associates PC

Visit us at www.gorijulianlaw.com/

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New York Nursing Home Abuse Lawyer from The Perecman Firm Calls for End to Over Prescription of Anti-Psychotic Drugs in Nursing Homes

Thu, 15 Dec 2011 08:12:12 +0000

Lawyer David Perecman joins the Office of the Inspector General for the Department of Health and Human Services in calling for an end to the over prescription of anti-psychotic drugs to nursing home patients with dementia.

NEW YORK, NY, December 15, 2011 /24-7PressRelease/ -- Last week a hearing of the Senate Committee on Aging spotlighted the overuse of antipsychotic drugs among nursing home residents with dementia. The drugs, intended to calm disruptive behavior, were a costly practice that raises the risk of death, said experts who testified before the committee.

Daniel Levinson, Health and Human Services Inspector General, said more care should be taken to determine why dementia patients are acting up and to address the underlying causes that may trigger the behavior. New York nursing home abuse lawyer David Perecman agreed.

"People working in health care need more training in understanding and responding to challenging behavior in ways that don't require the use of medication," said Perecman, a nursing home abuse lawyer in New York for over 30 years.

Fox News (12/1/2011) reported that prescribing psychiatric drugs to nursing home patients with dementia is an unapproved practice that has flourished despite repeated warnings by the Food and Drug Administration (FDA).

The Office of the Inspector General found that more than 80 percent of elders on these medications in nursing homes had dementia, reported the New York Daily News.

A number of psychiatric drugs are known for their sedative effect. However, the FDA had issued a black box warning on the use of these drugs for dementia patients due to an apparent increase in the risk of death, according to webMD.com. (2008)

"Elder abuse and nursing home abuse are all too common and of very serious concern," said Perecman, founder of The Perecman Firm, one of New York's nursing home abuse law firms.

If you suspect that nursing home abuse is happening to someone close, please contact the expert New York nursing home abuse lawyers at The Perecman Firm at http://www.perecman.com.

About David Perecman and The Perecman Firm, PLLC:

For the past 30 years, the New York nursing home abuse lawyers at The Perecman Firm, PLLC have handled all types of abuse cases including adult home abuse, nursing home abuse, disabled adult abuse, and elder neglect in New York. David Perecman, founder of the Firm, is a Board Director and the past Secretary and Treasurer of the New York State Trial Lawyers Association (NYSTLA) and a chair of its Labor Law Committee. Mr. Perecman's achievements have brought him recognition as an Honoree in the National Law Journal's Hall of Fame, in New York Magazine's "The Best Lawyers in America" and The New York Times Magazine "New York Super Lawyers, Metro Edition" for the years 2007-2010.

The Firm has recovered millions of dollars for its clients. Among the more recent victories, Mr. Perecman won a $15 million verdict** for a construction accident, a $5.35 million dollar verdict*** for an automobile accident, and a $40 million dollar structured settlement for medical malpractice****.

**later settled while on appeal for $7.940 million

*** later settled for $3.5 million

**** total potential payout

"Lawyer Advertising"

"Prior results do not guarantee a similar outcome."

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Is Knowledge Necessary in Drug Possession?

Thu, 15 Dec 2011 08:11:50 +0000

Florida Supreme Court to determine if people need to know the substance they possess is illegal before being charged with drug possession.

December 15, 2011 /24-7PressRelease/ -- When the police were called to disarm a 21-year-old Florida man threatening suicide, few would foresee that the ensuing legal case held the potential to lead to the dismissal of over 40 drug-possession cases and, and as the appellate court noted, the possible release of hundreds, possibly even thousands, of people from Florida prisons. And, all because Luke Adkins allegedly possessed a small amount of marijuana at the time the police responded to the call.

Drug Possession Generally

Before a person can be found guilty of possessing an illegal drug like marijuana or prescription drugs, the authorities need to prove all the elements of the crime. Generally, the required elements of drug possession include:

1. The person was in possession of a substance or drug;

2. The substance was a substance or drug that is illegal to possess; and

3. The person knew the substance was illegal to possess.

Florida's drug-possession law is fairly unique because of how the knowledge element is proved.

How Florida Law is Different

For most crimes, two essential parts must be proven before the individual can be convicted of the offense: the "actus reus" and the "mens rea." Meaning, the act of committing a crime (actus reus) and the intent to commit a crime (mens rea), sometimes referred to as "guilty mind." So, in most instances, for a person to be found guilty of a crime, both the act and criminal intent need to be proven. And, in every state except Florida, for a person to be convicted of drug possession, this holds true.

The difference between Florida and other jurisdictions is how the knowledge element of a drug possession charge is proven. In most jurisdictions, it must be proven that the person charged knew that the substance or drug in his or her possession is illegal to possess. In Florida, a person just needs to be in possession of the illegal substance or drug to be guilty of drug possession, regardless of whether he or she knew it is illegal to possess -- possession implies knowledge.

In 2002, the Florida Legislature changed the law to say that, when a person has exclusive possession of an illegal substance or drug -- for instance, an illegal drug is found in a purse, pocket or backpack in the control of the person -- that is enough proof that the person knew the illicit nature of the substance or drug, even if the person truthfully believed the substance or drug was legal to possess or believed the substance or drug to be something altogether different, like a spice.

What the Law Change Meant for the Accused

Under the new law, a person could be accused of drug possession for holding the purse or backpack of a friend, if the purse or backpack contained illegal drugs. Even if the person accused of drug possession didn't know the substance is illegal to possess or even that it was in the bag, he or she could still be charged, all for holding the bag of a friend.

An article from WJHG, the NBC station in Panama City, quoted Randall Marshall of the ACLU of Florida as saying that, under the new law, "The person could be arrested, prosecuted, and put in jail for the rest of their [sic] life for believing they were doing a friend a favor."

Burden Shifted to Defendants

Even though the law change allows for the knowledge element of drug possession to be implied, there is an affirmative defense to the charge: not knowing the substance or drug was illegal.

For a person who wants to assert the affirmative defense, the burden of proof shifts to him or her. Meaning, instead of the prosecution having to prove that the accused is guilty of the crime (in this case, had knowledge that the substance or drug was illicit), the accused now has to prove his or her innocence or lack of knowledge as to the illicit nature of the substance or drug.

As a blog post on Jacksonville.com points out, Florida's drug-possession law takes the idea that people are presumed innocent until proven guilty and "upends" it.

The Case Before the Florida Supreme Court

In September 2011, a Florida Circuit Court judge dismissed drug-possession charges against Luke Adkins and more than 40 other Manatee County defendants. The judge ruled that the 2002 drug-possession law is unconstitutional because it contravenes Constitutional due process requirements.

After the ruling, the state immediately appealed the decision. And, without issuing a decision, an appellate court sent the case to the Florida Supreme Court.

In early December 2011, the case of Luke Jarrod Adkins et. al v. Florida was argued before the Florida Supreme Court.

The Supreme Court's decision in this case could have wide-reaching implications. If the circuit court's decision to declare the law unconstitutional is upheld, many people convicted of drug possession since the passage of the law in 2002 could be affected; some people may even be released from prison after their cases are reviewed.

If you or a loved one has been accused or convicted of drug possession, speak with an experienced Florida criminal defense attorney to discuss the possible implications of the Adkins case on your situation.

Article provided by Damore Delgado Romanik & Rawlins

Visit us at www.communitylawfirm.com

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South Carolina Patients Suffer From Hospital-Acquired Infections

Wed, 07 Dec 2011 08:10:44 +0000

According to a recent study, the use of temporary doctors and nurses in emergency departments raises the risk of medical mistakes.

December 07, 2011 /24-7PressRelease/ -- Emergency rooms are pressure cookers. Quick decisions have to be made and the relentless triage is not always pretty.

But there's a difference between quick decisions and cold assessments, which are unavoidable, and outright medical errors that cause injuries and deaths.

A particularly galling aspect of this problem is the increasing use of temporary staff in the ER. According to a recent study by researchers at Johns Hopkins University, the use of temporary doctors and nurses in emergency departments raises the risk of medical mistakes -- particularly medication errors.

Research Findings on ER Errors

The Johns Hopkins study analyzed almost 24,000 cases of medication errors in emergency rooms in 592 hospitals. It covered the years between 2000 and 2005.

The study found that temporary doctors and nurses were twice as likely as permanent emergency room staff to be associated with medication errors that injured patients. The researchers surmised that this may be because the temps lack familiarity with a given hospital's established systems and best practices.

"You may know the medicine," said one of the researchers, Dr. Julius Cuong Pham of Johns Hopkins University School of Medicine. "But you still may get tripped up by the policies and procedures of an unfamiliar system. This can lead to more serious errors."

In other words, the study's finding should not be interpreted as a blame game aimed at temporary doctors and nurses. Rather, the study could be seen as a wakeup call about the problems with making the profit motive primary in the delivery of health care services.

After all, temporary workers tend to come cheaper than permanent staff. The wages and above all the benefits tend to be significantly less for temps than for those whose jobs are more permanent. The Johns Hopkins study documenting the increased risk of errors associated with temps suggests the truth of the old adage: you get what you pay for.

How Systemic Causes Produce Specific Errors

The profit motive may not be the only underlying cause of elevated risk of ER errors. There is also the issue of the overall management record of the hospital itself.

"A place that uses a lot of temporary staff may have more quality of care issues in general," observed Dr. Pham. "It may not be the temporary staff that causes those errors but a function of the whole system."

To acknowledge these systemic issues is not to absolve individual doctors or nurses of responsibility for mistakes they may make. A mistake like leaving a surgical sponge inside a patient after an operation is a mistake by any definition.

But the practice of medicine in today's complex, highly specialized health care system is also inherently a highly collaborative act. In such a system, medical mistakes do not just involve lone-wolf doctors dropping the ball; they involve intricate systems of service delivery that can get out of whack when poor management decisions are made.

Temporary Nurses Becoming More Common

One such management decision that has to be questioned, in light of the Johns Hopkins study, is the growing use of temporary nurses. This is true not only in the emergency room, but across the healthcare system.

There are several reasons for the increased use of temporary nurses. One is the fact that there is a nursing shortage in the U.S. Another is that temp nurses are widely seen by hospital administrators as a cheap alternative to permanent nurses.

Efficiency is one thing. In such tough economic times, health care systems, like everyone else, must look to cut costs where they safely can. This should not be done, however, if the supposed efficiencies end up compromising patient care.

Or, to put it more bluntly, hospitals shouldn't try to cut costs so aggressively that patients end up getting hurt by medical malpractice.

Preventing Emergency Room Errors

This reasoning clearly applies to emergency room errors. Serving patients in the ER is already challenging, because of the immediate urgency of the patients' needs. That challenge should not be compounded by staffing the ER with too many doctors and nurses who are unfamiliar with a hospital's systems. The combination of the patients' urgency and the providers' unfamiliarity is a recipe for trouble that should be avoided.

Article provided by Furr & Henshaw

Visit us at www.scmedicalmalpractice.com

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W. Winston Briggs Law Firm Sponsors 2011 Aptalis CF Cycle For Life

Wed, 30 Nov 2011 08:11:30 +0000

For the second year in a row, the W. Winston Briggs Law Firm was a proud sponsor of the Aptalis CF Cycle for Life benefiting cystic fibrosis research, education and care.

ATLANTA, GA, November 30, 2011 /24-7PressRelease/ -- For the second year in a row, the W. Winston Briggs Law Firm was a proud sponsor of the Aptalis CF Cycle for Life benefiting cystic fibrosis research, education and care. A total of 161 riders rode 7500 miles on October 15, raising $93,000 for the Georgia Chapter of the Cystic Fibrosis Foundation.

Those who 'got their wheels in motion to cure cystic fibrosis' in Georgia had a choice of three distances - 65, 30 or 15 miles - and traveled through Fayette and Coweta Counties, starting and finishing in Chattahoochee Hills. The event included a morning kick-off/check-in breakfast, opening ceremony and lunch at the finish line. This was the second year that a Cycle for Life event was held in the Atlanta area and the second year of sponsorship by the W. Winston Briggs Law Firm.

W. Winston Briggs Law Firm is a respected personal injury firm located in Atlanta, Georgia. Combining experience, reputation and passion, the firm represents clients who've suffered a serious injury due to another person's negligence, related to a motor vehicle accident, exposure to toxic substances, medical malpractice, a defective product, construction site accident or other situation.

At W. Winston Briggs Law Firm, "We Try Cases" and Focus on Cycling Accident Cases

With over 20 years of legal experience in Georgia, W. Winston Briggs has worked with injury victims to aggressively pursue insurance companies and responsible parties for the injuries suffered by his clients. He understands how the system works and is not afraid to pursue his clients' best interests through trial if necessary to recover full and fair compensation. Georgia personal injury attorney W. Winston Briggs has tried over 140 jury cases. He is an advocate for bicycle safety, handling cycling accident cases and representing injured cyclists.

For more information about the dedicated and personalized service offered to clients at the W. Winston Briggs Law Firm, please visit the firm's website at www.winstonbriggslaw.com. If you or a family member has been injured by the actions of another, call the firm at 404-522-1500 to schedule a free appointment to discuss your options with an experienced Georgia personal injury lawyer.

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Construction Workers and Electricians at High Risk of Asbestos Exposure

Fri, 25 Nov 2011 08:10:10 +0000

Construction workers and electricians have a high risk of asbestos exposure, which can lead to mesothelioma, lung cancer and asbestosis.

November 25, 2011 /24-7PressRelease/ -- Asbestos is a natural fiber that found use in many industrial and construction applications in the 20th century. However, when asbestos is swallowed or inhaled, it poses a very significant health risk -- including mesothelioma, lung cancer and asbestosis -- to humans.

Mesothelioma is a rare cancer that develops after exposure to asbestos -- there are no other known causes of this cancer. The cancer occurs in the lining of many internal organs, but is most common in the linings of the lungs (pleural mesothelioma) and abdomen (peritoneal mesothelioma). Often, mesothelioma is incurable due to late stage diagnosis and, according to the Mayo Clinic, treatment is focused on keeping the patient as comfortable as possible

While mesothelioma can take years to develop, once diagnosed it is characteristically very aggressive. The latency period -- the time between exposure and development of the cancer -- for mesothelioma is often 20 to 40 years.

In addition to mesothelioma, exposure to asbestos may result in lung cancer or asbestosis. Asbestos related lung cancer occurs in the lungs themselves and may result in tumors that block airways. Asbestosis, which only occurs from exposure to asbestos, is not a form of cancer, but rather the buildup of scar tissue in the lungs.

Occupations at Risk of Exposure

Prior to the 1980s, asbestos was regularly used in construction and other industrial applications. Asbestos is naturally heat resistant and was used in products ranging from flooring and walling to vehicle brakes and insulation, according to the Mayo Clinic. As such, the many American workers whose jobs brought them into contact with asbestos on a regular, if not daily, basis -- known as occupational exposure -- are at a much greater risk of developing lung cancer, mesothelioma or asbestosis.

Workers at most risk of occupational exposure to asbestos include:

- Construction workers

- Electricians

- Welders

- Roofers

- Plumbers

- Railroad workers

- Auto mechanics

- HVAC workers/Boiler Mechanics

- Firefighters

- Insulation Installers

- Brick and stone masons

Because of its widespread use in certain industries, jobs in those industries, including construction and electrical work, put workers at a particularly high risk of exposure to asbestos.

Construction Worker Exposure

For a 60-year period during the 1900s, asbestos was used in many construction-related products, including, but not limited to, flooring, ceiling tiles, drywall, insulation, boilers, roof panels and fireproofing materials. To fit and install many of these products they needed to be cut to proper size by workers; however, doing so would expose workers to asbestos-containing dust.

While the use of asbestos has declined dramatically, many construction workers are still at risk of exposure. Many buildings built decades ago still contain asbestos products. Whenever these structures undergo renovation, construction workers run the risk of asbestos exposure. Until all asbestos containing building materials are removed from older buildings, the risk of asbestos exposure will exist.

Electrical Worker Exposure

In years past, electricians risked exposure to asbestos almost daily. When installing wiring, electricians often encounter asbestos products in the walling. Often, cutting and drilling into the wall must be done in order to install the wiring, but the drilling and cutting creates dust, exposing the electrician to asbestos. Also, many of the products that electricians encounter on a daily basis in older buildings potentially contain asbestos, including:

- Thermal paper

- Ceiling tiles

- Switchgears

- Circuit Breakers

- Cement siding

- Insulation

- Wall plaster

Unfortunately, electricians face additional dangers because another significant source of asbestos exposure comes from being around the equipment that they are running power to, such as boilers and turbines. Ultimately, the older the building, the greater the risk is of asbestos exposure.

Secondary Exposure to Asbestos

Exposure to asbestos and the risk of developing lung cancer, mesothelioma or asbestosis is not limited to workers. Because asbestos is a small fiber that is transmitted in dust, many family members of workers who were exposed on the job were/are also exposed to harmful amounts of asbestos.

Called para-occupational or secondary exposure, many family members were/are exposed to asbestos when a worker who was exposed to asbestos carrying dust arrived home. When family members come into contact with the dust carried on dirty work-clothes, they are also exposed to asbestos; also running the risk of developing lung issues.

Because of the latency period of developing mesothelioma or other lung diseases caused by asbestos, many workers are still discovering that they have, or are developing, complications due to asbestos exposure. If you or a family member work, or previously worked, in a job that brought exposure to asbestos, contact a personal injury attorney experienced in handling asbestos related claims.

Article provided by Gori Julian & Associates PC

Visit us at www.gorijulianlaw.com/

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Unnecessary Surgery: Costly to Patients, Income for Doctors

Thu, 17 Nov 2011 08:11:04 +0000

When a doctor has a conflict of interest due to financial dealings with a medical device manufacturer, that may contribute to unnecessary surgery and possible medical malpractice.

November 17, 2011 /24-7PressRelease/ -- The Wall Street Journal ran a series of articles examining the ethical -- and legal -- problems associated with physician-owned medical device companies. At issue is the question of whether profit may have overridden medical ethics when it came to the choice of surgical procedures and implants, and whether patient lives were endangered by surgeries that may have been considered by some doctors to be unnecessary.

One story in the series looked at the case of surgeon-owners of a company called Spinal USA and the death of a patient from spinal fusion surgery. Two spine surgeons who reviewed the patient's medical records after his death stated that he was a poor candidate for the complex procedure due to other serious medical problems. They say the surgery was ill-advised.

But the patient had significant back pain and a degenerative disk for which he wanted surgery? Wasn't the patient's request for the surgery and signed consent form enough?

A surgeon's duty

A surgeon's primary obligation is to put the patient's best interest first in all medical decision making. When evaluating whether to perform a procedure, a surgeon should evaluate all available procedures to determine which are appropriate for that particular patient, paying attention to the degree of risk the patient will be exposed to if he or she undergoes the procedure.

All surgeries carry some degree of risk, including risk of infection and risk of anesthesia.

If a surgeon improperly informs a patient that he or she has a medical need that does not exist, or fails to accurately inform the patient of the benefits and risks associated with the procedure, or fails to explain other, less risky surgical or non-surgical alternatives, this is a violation of medical ethics and could be medical malpractice. The client cannot give informed consent because the patient has not been adequately informed.

When a doctor has a conflict of interest -- the Wall Street Journal story alleges a financial interest not only in getting paid to perform a surgical procedure, but also getting a kickback for use of a specific product in which the surgeon had an ownership interest -- there may be an incentive to provide less information in order to guide the patient to make a particular decision.

What constitutes unnecessary surgery?

Unnecessary surgery has gotten significant media exposure in recent years, including articles in the AARP newsletter and Consumer Reports. Consumer Reports identified angioplasty, cesarean section, hysterectomy and surgery for back pain as the most common unnecessary surgical procedures.

But what makes a surgery "unnecessary"? This is not a simple call to make. It depends upon the patient's health, lifestyle and desire for treatment. For example, a vision problem may not affect the capabilities of a factory worker but could force a taxi driver off the job. However, if medical justification for surgery exists and appropriate informed consent is obtained, eye surgery for the factory worker would not be considered unnecessary.

One medical association has suggested that the term "unnecessary surgery" may apply when:

1. The decision to perform surgery is beyond the range of reasonable judgment in light of the patient's needs and is inconsistent with professional standards for determining the need for surgery, and/or there is a pattern of performing surgery in marginally justifiable cases.

In the case of Spinal USA, an examination of hospital records showed an increase in lumbar fusions at medical facilities after surgeons who worked in those facilities entered into a financial relationship with the company producing the medical device.

When unnecessary surgery leads to medical malpractice cases

Medical malpractice cases are not undertaken lightly. In order to bring a successful medical malpractice lawsuit, the surgical procedure must result in lasting injury or death of the patient. Temporary or reversible injury may not be sufficient for a patient to receive compensation, even if the surgery was unnecessary.

Injured surgical patients should discuss with an experienced medical malpractice attorney any concerns they have that they were not provided with full information regarding the risks and benefits of the procedure that caused injury.

Article provided by Hartley Hampton

Visit us at www.hartleyhamptonlaw.com

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New Proposals Could Help Address Care Deficiencies in Ohio Nursing Homes

Sun, 06 Nov 2011 07:14:26 +0000

Learn more about the improvements to nursing home care being proposed to the Ohio legislature, and some common care deficiencies that could affect your loved one.

November 06, 2011 /24-7PressRelease/ -- New Proposals Could Help Address Care Deficiencies in Ohio Nursing Homes

Over 900 Ohio nursing homes serve the needs of nearly 100,000 state residents who require personal care every day. Nursing home staff members usually fulfill their role as caregivers responsibly once families entrust them with the care of a loved one. However, nursing home neglect is still occurring at a troublesome rate in Ohio.

To ease the burdens placed on the thousands of seniors receiving substandard care, an advisory council appointed by the Ohio legislature has released a list of 20 proposed measures to facilitate improvement in nursing homes.

New Medicaid Incentive Program Would Promote Resident Health, Happiness

Some of the proposed changes are aimed at giving nursing home patients more control over their own lives, which the panel's members believe can improve patient outlooks, prevent staff turnover (high employee turnover rates affect training standards and thus patient outcomes) and lower costs.

For instance, a higher proportion of residents are to be offered flexible dining options with a variety of meal choices and open dining periods. An increased number of residents will also receive the opportunity to bathe or shower as often as they would like, and the ability to go to bed/get up in the morning at whatever time they see fit.

Clinical outcomes also play an integral role in the new recommendations. Facilities will be expected to control rates of pressure ulcers, urinary tract infections and patient reports of ongoing pain.

If implemented, nursing homes that meet the minimum metrics required to meet five or more of the proposal's goals will be rewarded with a higher per-bed Medicaid payment (around 70 percent of Ohio nursing home residents are covered by Medicaid).

Neglect Unfortunately Far Too Common

In 2009, an average of 8.5 care deficiencies -- problems that could result in a negative impact on the health and safety of residents -- were recorded for each certified nursing facility. Over 90 percent of nursing homes evinced at least on deficiency; 22.4 percent of nursing homes had a deficiency that resulted in actual patient harm or jeopardy. Some of the most common reasons behind deficiencies included the administration of unnecessary drugs, bed sores and substandard infection control.

If The New Measures Are Not Enough

Hopefully, the new proposals will result in a better environment for those living in nursing facilities. However, trusting in government programs is not always enough to safeguard the well-being of your loved ones.

If your loved one has been subjected to abuse, neglect or any type of harm in an Ohio nursing home, make sure that such mistakes are not repeated by holding the parties responsible accountable for monetary damages. Contact an experienced Toledo attorney today to discuss your legal options.

Article provided by Law Offices of Gary Osborne & Associates

Visit us at www.garyosbornelaw.com

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Andrew B. Wachler Speaks to Hospice and Home Care Providers About 'The Changing Landscape of Audits' at NAHC Annual Meeting

Sun, 06 Nov 2011 07:13:30 +0000

Andrew B. Wachler, along with Karen Dropping, Manager of Quality and Service Support, Beaumont Hospitals, Troy, spoke to attendees of the National Association for Home Care & Hospice at the group's Annual Meeting in Las Vegas.

ROYAL OAK, MI, November 06, 2011 /24-7PressRelease/ -- Andrew B. Wachler, along with Karen Dropping, Manager of Quality and Service Support, Beaumont Hospitals, Troy, spoke to attendees of the National Association for Home Care & Hospice at the group's Annual Meeting in Las Vegas. Recovery Audit Contractors (RACs) are government contractors paid on a contingency basis to recover Medicare overpayments to health care providers and to identify underpayments. Medicaid Integrity Program contractors MICs perform a similar role in relation to the Medicaid program. Medicare Administrative Contractors (MACs) process Medicare claims. Zone Program Integrity Contractors (ZPICs) are fraud investigators who also conduct post-payment audits for Medicare.

The National Association for Home Care & Hospice is the nation's largest trade association representing the interests and concerns of home care agencies, hospices, home care aide organizations, and medical equipment suppliers. The group provides professional development and advocates for better regulation for its members.

Wachler has been practicing health care law for over 25 years. He counsels health care providers and organizations nationwide in a variety of health care legal matters. In addition, he writes and speaks nationally to professional organizations and other entities on health care law topics such as Medicare appeals, Stark and fraud and abuse, HIPAA, and other topics.

Royal Oak, Mich.-based Wachler & Associates, PC has served the legal needs of health care providers nationwide for more than 25 years. The firm specializes in all aspects of health care law, including RAC and other third-party payor audits, health care business transactions and contracting, Stark self-referral law, fraud and abuse analysis, regulatory compliance, billing and reimbursement issues, provider participation and deselection matters, licensure and staff privilege matters, defense of civil and criminal health care fraud issues and Certificates of Need. For more information, please visit www.wachler.com; www.racattorneys.com or call (248) 544-0888.

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Amy K. Fehn Enlightens Health Information Managers and Medical Coding Specialists on 'The New Landscape of Audits.'

Sun, 06 Nov 2011 07:11:52 +0000

Amy K. Fehn presented "The New Landscape of Audits; MICs, MACs, RACs and ZPICs," to health information management professionals and medical coding specialists at the AHIMA-ACMCS Joint Clinical Coding Meeting in Salt Lake City, Utah.

ROYAL OAK, MI, November 06, 2011 /24-7PressRelease/ -- Amy K. Fehn presented "The New Landscape of Audits; MICs, MACs, RACs and ZPICs," to an audience of health information management professionals and medical coding specialists at the AHIMA-ACMCS Joint Clinical Coding Meeting in Salt Lake City, Utah. Recovery Audit Contractors (RACs) are government contractors paid on a contingency basis to recover Medicare overpayments to health care providers and to identify underpayments. The program is being expanded to include Medicaid RACs as well. Medicaid Integrity Program contractors (MICs) perform a similar role in relation to the Medicaid program. Medicare Administrative Contractors (MACs) process Medicare claims. Zone Program Integrity Contractors (ZPICs) are fraud investigators who also conduct post-payment audits for Medicare.

The American Health Information Management Association (AHIMA) is an association of health information management (HIM) professionals. AHIMA's more than 63,000 members manage personal health information required to deliver health care to the public. Founded in 1928 to improve the quality of medical records, AHIMA works for health information management professionals by providing leadership in advocacy, education, certification, and lifelong learning. AHIMA members work in a variety of work settings, including hospitals, physician offices, ambulatory care facilities, managed care facilities, long-term care facilities, consulting firms, information system vendors, colleges and universities, insurance providers, pharmaceutical companies and rehabilitation centers.

The American College of Medical Coding Specialists is a new, not-for-profit professional coders organization. ACMCS helps its members achieve high-level competence as professional coders. ACMCS has adopted Professional Competencies to be mastered by members. They range from coding and regulatory expertise to a holistic approach for our profession by expanding the educational opportunities for professional growth in many areas of business.

Fehn has represented physicians and health care organizations in health care regulatory and corporate matters as well as the defense of Medicare Audits and other third-party audits for the past 13 years. Prior to graduating from law school, she served as a registered nurse in the coronary care unit, and later worked as a clinical systems analyst for the hospital's information systems.

Royal Oak, Mich.-based Wachler & Associates, PC has served the legal needs of health care providers nationwide for more than 25 years. The firm specializes in all aspects of health care law, including RAC and other third party payor audits, health care business transactions and contracting, Stark self-referral law, fraud and abuse analysis, regulatory compliance, billing and reimbursement issues, provider participation and deselection matters, licensure and staff privilege matters, defense of civil and criminal health care fraud issues and Certificates of Need. For more information, please visit www.wachler.com; www.racattorneys.com or call (248) 544-0888.

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