Bentonville Personal Injury Lawyer - Medical Malpractice

Should Patients Pay for Hospital Acquired Infections?

Frank Bailey — Sat, 10 Jan 2009 14:11:42 GMT

How would you feel if you took your car in for a $35.00 oil change; the mechanic dropped your car off the lift blowing out all of your tires and caused over a $1000.00 dollars in damage to your tires, would you pay for new tires so you could drive home? I hope not!

But that is just what has been happening in American hospitals on a daily basis. If a patient goes into a hospital for minor surgery and contracts an infection in the hospital because the hospital failed to use basic sanitiary practices, the hospital charges the patient for the antibiotics, surgery and extra days needed to treat the infection which can add up to hundreds of thousands of dollars.

But that is starting to change. As of October 1, 2008, Medicare, stoped paying hospitals for several types of obviously preventable infections. These infections are so preventable that Medicare authorities call them "never" events. That means they should never happen. Lawyers are beginning to have the evidence they need to win these cases involving hospital acquired infections.

In the past, Medicare's indifference to quality and safety gave hospitals little incentive to be careful. As long as Medicare paid the hospital for the extra cost to treat preventable infections what incentive did hospitals have to clean up their act? Arkansas has passed legislation to require hospitals to report their infection rate to the Arkansas Department of Health, but these infection rates are still not aviable to the public

CDC has documented that hospital acquired infections kill more than 100,000 people in America each year. That's more than AIDS, breast cancer and automobile accidents combined.

The evidence is compelling that the infections Medicare will no longer pay to treat are preventable and patients can recover for their harms and losses.

Thomas Valuck, medical officer for Medicare, explains that the evidence is solid. He cites several hospitals around the country that have totally eradicated one of the deadliest "never" infections, central line blood stream infections.

When very sick patients are medicated through a tube inserted into their artery, the risk is that bacteria will invade the tube and enter the blood stream.

Rigorous hygiene, including clean hands and sterile drapes, are needed to keep the bacteria away from the tube. Valuck cited a recent survey from the patient safety group Leapfrog showing that 87 percent of hospitals fail to consistently follow the proven steps to prevent infections.

New York's experience proves that hospitals committed to eradicating infections can do it. Beth Israel Medical Center in New York City reports that it has hasn't had a central line bloodstream infection in the cardiac intensive care unit since Nov. 25, 2005. Think of the number of families that have left the hospital grateful rather than grieving, as a result.

Over the next few weeks we will be publishing some steps patients can take to protect themselves from these hospital acquired infections. If you have an interest in preventing more families from this horrible experience I invite you to join with us in fighting this preventable disease.

Originally posted at InjuryBoard by Frank Bailey

Duragesic Fentanyl Pain Patch or Death Patch

Sach Oliver — Tue, 25 Mar 2008 08:09:59 GMT

The Duragesic patch is designed to relieve pain by allowing Fentanyl to absorb through the skin into the bloodstream. The scary factor of this patch is that Fentanyl is a very potent opiate that is anywhere from 50 to 100 times more powerful than Morphine. These patches have a manufacturing and design defect that can cause too much Fentanyl to release into the bloodstream causing death.

Money is the driver of this dangerous Death Patch. The Duragesic Patch is one of Johnson & Johnson's top five selling products and the patch produced $1.5 billion in sales in 2005 for the company. Some known types of defects of the death patch are: foldovers in the backing of the patch system, gel in the seal, seal breaches, corners of the patch system cut off, holes in the drug reservoir, slits in the patch's pouch and system, air bubbles in the adhesive layers of the system, no gel in the system, and lack of adhesions in the patch system. Sadly, this is too many problems for a product to have that can cause death and Johnson & Johnson is well aware of these problems. Johnson & Johnson has known about these defects since 2001 if not before and still continues to produce the death patch.

The Food and Drug Administration (FDA) has been involved with trying to control the safety of the death patch since 1990 when the patch first hit the market. The patch has had problems with toxicity and overdosing since its conception. The FDA has issued several "warning letters" concerning the patch to Johnson & Johnson for misrepresenting the risk associated with the patch. On June 15, 2005, the FDA began investigating the deaths and serious side effects of the patch announcing a public health advisory. The FDA also added a "black box" warning stating the patch should not be used for acute, postoperative, intermittent, or mild pain.

Lawsuits have been filed all over the country and several large verdicts have delivered by juries to the victims of the death patch. These actions are commonly against Johnson & Johnson and their subsidiaries, Janssen Pharmaceutica, L.P. and Alza Corp.

Our firm has handled cases involving product defects such as this danger patch for many years. We are equipped to handle litigation against large companies such as Johnson & Johnson. If you would like to learn more information about the Duragesic Fentanyl Patch or if you or a loved one has been negatively affected by the patch, please contact our firm for free information.

Originally posted at InjuryBoard by Sach Oliver

Cervical Corpectomy and Strut Graft Operations - Spinal Cord Injuries

Sach Oliver — Mon, 24 Mar 2008 07:25:44 GMT

A cervical corpectomy and strut graft operation is a surgery on the cervical spine that requires extreme skill and expertise on behalf of the surgeon. A corpectomy is surgery that relieves pressure on the spinal cord due to spinal stenosis. Spinal Stenosis is bone spurs pressing on the spinal cord. When pressure is placed on the spinal cord an array of problems can occur: walking, bowels, bladder, fine motor skills, hand problems, and other pains. The word strut graft is also known as a bone graft. When a corpectomy is performed, the front part of the spinal cord is removed by the surgeon and a bone graft is used to fill the space. Of course, if you or your family member has had this surgery you already know the above information. For a little more detail about this operation read further.

According to an article written by several surgeons from the Department of Neurosurgery at Stanford University Medical Center, long strut grafts or multiple strut grafts are vulnerable to dislodgment, displacement, fracture, and nonunion. These complications usually require a revision surgery which means something went wrong in the first surgery. In order to avoid complications the surgeon must be meticulous in the preparation of the vertebral endplate along with making the bone graft the exact size. Why is it crucial to make sure the bone graft that is placed into the cervical spine is the exact size? It is crucial because if the bone graft is too small it will move and dislodge. When a bone graft is displaced it often will protrude the spinal cord causing serious spinal cord damage that can lead to serious injury including loss of movement of legs, arms, other bodily problems. (see Management of Strut Graft Failure In Anterior Cervical Spine Surgery, Thongtragan, M.D., Balabhadra, M.D., Kim, M.D. Stanford University Medical Center, Neursurgery Focus, 2003)

Many medical articles and journals authored by some of the best cervical spine surgeons in the country explain how longer strut grafts and multi-level corpectomy procedures increase the chances of failure. Therefore, surgeons who are too aggressive and perform these multi-level procedures are increasing the risk of serious spinal cord injury for the patient.

For more information on this topic or to discuss how an attorney can assist you with a spinal cord injury, please do not hesitate to contact us.

Originally posted at InjuryBoard by Sach Oliver

Bacterial Meningitis-Failure to Diagnose

Jeanie Oliver — Fri, 14 Dec 2007 09:30:31 GMT

Bacterial meningitis is easy to identify. Doctors just have to do the tests. Why, then, do people die every year from this disease? One of the major reasons is that emergency room personnel, especially, tend to take one look at vomiting and diagnose "nausea". They all too often leave it at that. The major symptoms for bacterial meningitis

include the following: nausea, high fever, stiff neck, confusion, sleepiness. It is so simple to tell immediately if these symptoms are potential killers with proper tests. The most important test for bacterial meningitis is a spinal tap. Because meningitis is an inflammation of the fluid surrounding the brain and spinal cord, this test will tell right away if the above symptoms are something common like the flu or a disease more damaging or deadly like bacterial meningitis. When left untreated, this disease causes irreversible damage to the brain, hearing loss, vision loss, learning disabilities, and the ultimate irreversible damage: Death. Medical professionals must take responsibility for the task of diagnosing the patient. We as patients don't know about tests that could rule out diseases like meningitis. We assume that doctors will give us tests to see if we are going to die or be damaged for life. Simply put, they don't always. Innocent people die or are irreversibly harmed every day because the doctors did not order tests.

Since young children and college students are at such a high risk for bacterial meningitis, health care professionals should automatically consider testing for meningitis when such symptoms as listed are presented by patients that fall in this high risk group. To fail to diagnose this harmful disease should be considered an act of malpractice by health care professionals. For more information on bacterial meningitis, you can contact the Centers for Diseases Control and Prevention at www.cdc.gov.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Jeanie Oliver

CREATING BALANCE IN PERSONAL INJURY

Sam Morris — Fri, 19 Oct 2007 11:22:23 GMT

We at Bailey & Oliver Law Firm believe all people are to be treated equally regardless of their race, gender or social status. Our lawyers work independently to provide a balanced approach to each of our client's needs. Our goal is to restore peace of mind and prosperity to the hardworking individuals who help build our nation strong.

Recently, a federal judge in El Dorado certified a collective action in a lawsuit filed in April by six Mexican farm workers against a Hermitage farm that employed them through a federal guest-worker program. The claim is that the farm paid their workers less than the federal minimum wage, failed to pay them on time, used them for unauthorized work and retaliated against workers who tried to claim their labor rights. This certification would provide that not only the six Plaintiffs, but all of the workers who had been working at this farm in the last three years, could be given the opportunity to join in the lawsuit.

Imagine yourself injured at the fault of another, and dealing with the pressures of a big insurance company to be swept under the mat as this farm tried to do these migrant workers. For personal injury claims you need a lawyer to fight for your rights and to hold that company accountable. The Bailey & Oliver Law Firm has just that drive and spirit to renew the respect you deserve.

Originally posted at InjuryBoard by Sam Morris

Nevada Doctor Disciplined for Medical Malpractice

Chrissie Cole — Mon, 24 Sep 2007 23:31:46 GMT

Dr. Frank Shallenberger, a Carson City doctor, admitted to medical malpractice for failing to diagnose colon cancer in an elderly patient whom later died from the disease.

Deputy General Counsel for the medical board says, the doctor agreed to plea guilty in the case of malpractice. As a result he was fined $5,000, ordered to take 16 hours of classes on cancer screening and issued a public reprimand while also being ordered to pay investigation costs totaling $6,500.

In February 2000, Horton complained of abdominal pain and rectal bleeding - both common symptoms of colon cancer. But the complaint states the Doctor told him he was suffering from hemorrhoids and advised him to use suppositories and take baths with witch hazel.

At no time did the doctor examine the patient or order tests. He was later diagnosed by emergency room doctors with stage-four colon cancer and informed he had six months to live.

Horton was 76, when he died in October 2003.

This is the second time he the Doctor has been disciplined by the medical board in twelve years.
In March 1995, Shallenberger surrendered his California medical license after four patients claimed he was incompetent and grossly negligent in their care.

For more information, please visit our section on Medical Malpractice & Negligent Care.

Originally posted at InjuryBoard by Chrissie Cole