Pleasant Law Blog

Birth Injury: Erb's Palsy / Brachial Plexus From Medical Malpractice

Having a baby should be a joyous occasion. In some cases, though, a baby’s birth is instead traumatic. Many things can go wrong during pregnancy, labor and/or delivery; but in some cases medical neglect and unreasonable, inexcusable mistakes occur. 

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Medical Malpractice: More Heparin drug mistakes and overdoses at hospital

The title link will take you to a Wall  street Journal article about the recent Heparin drug overdoses, which were  similar to the Quaid twins' situation;  although with a more tragic result.  Two twins died as a result of the medical /medication error in the most recently reported  case. Hospitals must be vigilant when administering drugs, especially now that the labeling issues associated with Heparin are now well-known. These recent cases seem to be clear cases of careless medicine. It will be interesting  to see whether the hospital will take full responsibility and compensate these familiesfairly; but, more importantly, importantly, it will be interesting to see what, if anything, the hospital will do  to prevent tragedies like this from recurring. this seems to be a case where the threat of legal action will likely motivate some much-needed safety reforms so that medical negligence, mistakes and malpractice can be avoided. If you have experienced a drug or other medical error, feel free to contact my office for help.  Remember, not all bad medical outcomes are the result of medical malpractice; but we can help you sort out your case and make that determination. You can reach my office Toll free at 888-435-7156. If necessary, we can meet prospective clients in Fayetteville, Raleigh or Wilmington North Carolina.

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Allstate, Unum, AIG, State Farm, Conseco, Wellpoint, Farmers, United Health, Torchmark, and Liberty Mutual Top Ten Worst Insurance Companies List

The link embedded in the title to this blog will take you to a recently compiled report concerning what AAJ (The American Association for Justice) has entitled "The Ten Worst Insurance Companies in America."  Not suprisingly, Allstate, Unum, and State Farm are on the list, as are AIG, Conseco, Wellpoint, Farmers, United Health, Torchmark, and Liberty Mutual. If you have had a bad insurance claims experience with any of these companies, you might need an unfair claims practices attorney. If you are in North Carolina, I can help. If you are in another state, I can possibly still help via the association of out-of-state counsel. Call my office toll free at 888-435-7156 to see if we can assist you with your unfair insurance claims practices case.

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Some doctors take a reasonable position regarding patients' right to sue

A recent New England Journal of Medicine Article (link attached to title of this blog entry) discusses the dangers of federal "preemption" of state remedies for injuries and death related to defective medical devices. These physician authors acknowledge the importance, for purposes of furthering patient saftey, of preserving the people's right to legal redress for their injuries in the medical context. It's about patient safety, and common sense tells us that accountability is critical to ensure behavior changes where behavior changes are necessary. Sometimes, unfortunately, the reality is that a complaint or lawsuit (through an attorney) is the only way to get fair compensation for a medical mistake. This is true whether one is hurt or killed by medical negligence (surgical mistakes, failure to diagnose, birth injuries, etc.) nursing home abuse or neglect, or other injury or wrongful death situations. The preemption issue involved in this article is about medical devices, but the principles of preemption have been twisted by certain federal agencies during this curent presidential administration. Particularly, the preemption assertion here is that, if the FDA has approved a medical device, a person injured by that device cannot sue under traditional state remedies. The nuances are a bit more complicated, but the gist is that preemption takes away peoples real right to a trial by jury. So, a person injured in North Carolina would not be able to pursue "regular" injury or wrongful death claims through his or her attorney.

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Jury awards $19.6M to injured baby and mother for injuries during delivery

The title to this blog will take the reader to a story in Newsday online about this recent medical negligence verdict. Cesaerean sections are apparently so common and have been virtually perfected in todays medicine; it is amazing that physicians sometimes ignore the necessity to move forward with performing one in order to avoid this kind of devastating injury. While the verdict amount seems extremely high at first glance, considering what it will take to care for this child, who now suffers from debilitating cerebral palsy, such a verdict is not unreasonable. The high cost of medical care warrants large economic damages in medical malpractice birth injury cases like this. If your child suffered any kind of birth injury or other medical injury during delivery or otherwise, consider having an attorney review your case; particularly if you are struggling financially to give care for the resulting injuries. You may be entitled to compensation. Many cases do not warrant taking legal action, but I can help you make the determination whether legal action is warranted. You can contact my office by calling Toll Free, 888-435-7156. We can arrange to meet for a free consultation in any of our three North Carolina law offices (Fayetteville, Raleigh or Wilmington). 

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Nursing Homes Sometimes Use Unnecessary and Harmful Tactics to Save Time Due to Understaffing

The New York Times ran an article on June 24, 2008 regarding nursing homes overuse of medications, in the sense that certain drugs are being given simply to keep residents calm, and to decrease the nursing home residents' care needs. this is sometimes referred to as they "chemical restraint." the interesting point that this article raised was that often the effects of the drug lead family to believe that their loved one is experiencing/developing dementia or Alzheimer's disease. this over use of medications to keep nursing home residents "happy" is part of a pattern seen in nursing homes -- a pattern that is harmful inappropriate.  For example, a 2003 study published in the Journal of the American Medical Association found that feeding tubes were used on nursing home residents suffering from dementia and/or Alzheimer's disease in greater proportions, despite that these residents were capable normal feeding methods.  The implication is, of course, that these nursing home residents were more easily cared for through the use of a feeding tube.  It takes much more time and effort to feed a nursing home resident by normal feeding methods than it does by simply "plugging in" a feeding tube.  The problem is, though, that feeding tubes -- if not necessary -- may increase the risk of injury or harm to the nursing home resident.  At least at the time of that study, the Medicare reimbursement amount for needing to use arguably provided nursing homes and incentive to use more feeding tubes than was truly necessary because it helped the nursing home make more money.  I have also heard anecdotally that some studies have shown that feeding tubes are used as proportionately in the poor/minority nursing home resident population.  Perhaps this simply reflects discrimination in care (in other words, nursing home staff finds ways to provide less care for the poor and/or minorities).  In any event, families of nursing home residents should carefully consider and evaluate the use of drugs and feeding tubes on their loved one.  If you are concerned about nursing home injuries, abuse, neglect, or even a possible wrongful death; feel free to contact my office with any questions.  It may be that simply discussing your concerns with the nursing home administration will help. We are available to discuss your matter, and you can reach us to hold free at 888.435.7156.

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Nursing Home Transparency Act: Some Hope For Nursing Home Injury/Death Victims and Their Attorneys

Senator Chuck Grassley (R-IA), Ranking Republican on the Senat Finance Committee, and Senator Herb Kohl (D-WI), Chairman of the Senate Special Committee on Aging, introduced the Nursing Home Transparency and Improvement Act (S. 2641) on Valentines Day 2008. It is the first comprehensive nursing home reform bill since the Nursing Home Reform Act, OBRA '87. Read the statement of the National Citizens Coalition for Nursing Home Reform (NCCNHR) on this bill, as well as press releases from these lawmakers at the link in the title to this blog. As I have stated in other blog entries, this bill is important to nursing home abuse, neglect, injury, and death victims, their families, and their lawyers; whether in North Carolina or other states.

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Nursing Homes and Private Equity Investors

Nursing home chains have worked hard to avoid accountability for their wrongdoing in cases of nursing home abuse, neglect, injury and death. The purchase of large nursing home chains by large private equity groups has, arguably, made accountability more difficult. If you or someone you love has been hurt by a nursing home, the link contained in this title will take you to an interesting article on this subject. This Baltimore Sun article is about the impact and concers about arge private equity groups, such as the Carlyle Group, purchasing nursing home chains. Concerns include the difficulty this can present in holding nursing homes accountable for nursing home injury, wrongful death, abuse and/or neglect. Because so many nursing home chains have grown so much in the recent past, homes in even the most rural areas of North Carolina and other states are often owned by huge nursing home operators. Whether you are in Fayetteville, Wilmington, Raleigh, Charlotte, or any other North Carolina city, the nursing home your loved one is in may be owned by one of these large chains.  A bill is pending in Congress that would help vicitms of nursing home abuse and neglect, and their attorneys, hold nursing homes accountable in this regard.

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Mild Traumatic Brain Injury: whether the result of delivery room medical error, car wrecks, or another type of accident, these injuries require a unique approach

The Law Offices of Thomas Waitt Pleasant, PLLC - Toll Free: 888-HELP-156 - “Mild Traumatic Brain Injury” can occur when, essentially, a person’s brain is “shaken” inside the skull, and the brain tissue is affected by its impact within the skull. Our brains are naturally capable of this kind of movement within our skulls. So if someone is in an automobile accident, for example, a car might keep moving, but when the body stops, the brain itself might continue moving inside the skull, impacting the inside of the skull and causing injury. The same thing happens with the injury an infant gets from “shaken baby syndrome.” Conceivably, traumatic brain disorder can occur during a traumatic birth in the hospital delivery room. The science of this kind of brain damage is complex, particularly considering the tests neurophysiologists use to determine and quantify the existence and nature of such injury. But, despite the complexity of the science of mild traumatic brain injury, cases involving such injuries ultimately boil down to the testimony of friends, family, former employers, and other possible “lay witnesses” who can testify as to the often dramatic change that occurs in life of the injured victim. Despite that mild traumatic brain injury is a more subtle diagnosis from a medical standpoint, its impact can be huge, and in some cases, lasting. Sometimes people with this kind of brain damage don’t recognize it; and many lawyers don’t recognize it, either. Click on the title of this article to link to a website on traumatic brain injury.If you have been hurt, whether in a car wreck, truck accident, fall, by a doctor or hospital’s error, look for these signs: transient confusion, disorientation or impaired consciousness; dysfunction of memory around time of injury; and loss of consciousness for less than 30 minutes. Also, looking practically at the changes in one’s life can be evidence, such as personality changes, newly-developed difficulty in doing organizational/executive type work, etc. If your head has been hurt in an accident, you can contact my law office for a free consultation. If you are outside the Fayetteville area, we can meet with clients in our Raleigh or Wilmington offices as well.  In some cases, I will travel to your home to discuss your legal case, and whether a lawsuit is appropriate. We can do an initial legal evaluation of your injuries and get you pointed in the right direction.  

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Surgery Mistakes and Informed Consent: Doctors/Surgeons Must Inform Their Patients of Risks of Surgery; and Adhere to the Standard of Care

Medical

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Hurt by a Hospital-Acquired Infection: You May Have Medical Negligence Case Against the Hospital or Nursing Home

Infections transmitted to patients in hospitals and nursing homes can be deadly, and in some instances can be easily prevented. I, unfortunately, had to visit the emergency room at Cape Fear Valley Hospital in Fayetteville, North Carolina; and my wife and I were amazed and disturbed that no less than two “paramedics” did not even use gloves when drawing my blood and inserting or removing my IV line. This is an issue not only regarding the safety of patients, but the safety of the employees, also. Although these employees might have washed their hands before doing their work, they still ran the risk of getting an infection from me (assuming I had something to infect them with). The larger issue here, though, is that hospital and nursing home acquired infections can be serious and deadly. In some infection cases, a medical negligence claim or lawsuit could be supportable. I recently read about a study published by the New England Journal of Medicine, where 108 hospital Intensive Care Units implemented certain infection prevention procedures, to test the effect on the level of infections in each hospital. The results were pretty amazing: after 15 months, the ICU’s  where these new precautions were taken completely eliminated catheter-based blood infections. If a person is hurt or killed by an infection from a hospital or nursing home stay, an evaluation by an expert in infectious diseases could reveal that the hospital is liable for the injury or wrongful death. A lawyer whose practice includes medical negligence, errors and mistakes cases can find the proper expert to do this analysis and evaluate the case to see if a lawsuit is justified. Questions that need to be answered when evaluating such a medical negligence case include: what is the type and origin of the pathogen causing the infection?  What is the pathogen’s mode of transmission? Did the health care providers and the facility take proper precautions to prevent the spread of the pathogen/infection? Did the doctors, nurses, nursing home,  hospital or other health care facility recognize the infection type/pathogen and take proper steps to intervene?Some infections commonly seen in the hospital and nursing home setting include the notorious methicillin-resistant Staphylococcus aureus (MRSA) and vancomycin-resistant venterococci (VRE).  Recently, reports of the antibiotic-resistant “C-diff” infection seem to be on the rise.I do free medical negligence consultations, and can do so in any of our locations (Wilmington, Raleigh, and Fayetteville). Feel free to contact my office if you believe you have a claim or complaint related to hospital-acquired infection; or a case related to any other kind of harm or death related to medial errors or mistakes.

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Getting Medical Records Before Filing a Medical Negligence Complaint Against The Doctor or Hospital: Let's Apply Common Sense

An interesting “philosophical” point was raised to me during a recent round of medical malpractice legal research regarding the pre-litigation discovery of medical records by a potential medical negligence plaintiff. Aside from the issue of whether records are discoverable before a lawsuit is actually filed, the issue  presents some interesting points to consider. In evaluating potential lawsuits against doctors, nurses, hospitals, and other healthcare providers, injury and wrongful death medical malpractice lawyers should have, and often must have, access to the medial records of their clients (the potential defendants’ patient). In some cases, doctors and hospitals are reluctant to provide these records, and might even “drag their feet” in order to deter the possibility of a lawsuit, or to otherwise set up the possibility of the dismissal of a lawsuit that is filed by the medical negligence attorney without his or her having had the benefit of those records to ensure accuracy in the lawsuit papers. Sometimes the reluctance or refusal of doctors and hospitals to turn over the patient’s medical records is the result of a more simplistic desire to just “hide” the records. The question of who “owns” the records aside, the reality in these situations is that the healthcare providers are being disingenuous. We all hear the charge that we are in the midst of a major medical malpractice lawsuit problem, with plaintiff attorneys running rampant filing frivolous personal injury and wrongful death lawsuits. If hospitals, nurses, doctors and physicians assistants are concerned about frivolous lawsuits, and if they are concerned about the truth where there is some potential that they have made medical errors that have injured or killed patients; then they should happily produce their records when requested by the attorney for the victim. They will eventually have to be produced once a case is actually filed, so why “hide” the records before a lawsuit is filed? Doctors and hospitals should adjust their attitudes regarding medical records production pre-litigation.  Sometimes, the victims of nursing home abuse, medical error/mistake, automobile accidents, and other wrongful death or injury type problems have difficulty getting their own medical records.  An attorney can help. This is particularly true with nursing home records, where, despite the laws requiring that the resident’s records be provided in very short order, nursing homes are uncooperative in getting the records to the nursing home resident or the resident’s family (in cases where the resident has died). Sometimes the lawyer’s involvement makes all the difference. Let my office help you if you are having difficulty getting the relevant medical records in your medical negligence case. We have locations in Raleigh, Wilmington and Fayetteville, for your convenience, and are happy to provide a free consultation in cases involving medical errors and mistakes.

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Limitations Periods Can Be Tricky In Cases Against Doctors, Nurses and Hospitals for Medical Mistakes

If you have a claim against a doctor, nurse or hospital in North Carolina, be careful about the deadlines that apply for bringing suit. They are short, and tricky. Generally, medical malpractice suits must be brought within three years from the date of the last act of the defendant giving rise to the cause of action; or within one year of the date when the injury was or should have been discovered, but not more than four years from the date of the last act of defendant giving rise to the cause of action. N.C. Gen. Stat. §§ 1-15 and 1-52(16) (1996). Foreign object cases must be brought within one year from the date of discovery, but no longer than ten years from the date of the occurrence. N.C. Gen. Stat. § 1-15 (1996). Wrongful death actions based on alleged medical malpractice must be brought within the foregoing period or within two years from death, whichever is shorter. N.C. Gen. Stat. § 1-53 (1996). If you or someone you love has been hurt or killed by the mistake of a doctor, nurse or hospital, you should contact a North Carolina attorney or lawyer who handles medical negligence claims.  I am available to discuuss your case free of charge, and have office locations in Wilmington, Raleigh and Fayetteville; and in many cases will travel  to you if travel is difficult for you.

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Heparin Drug Overdoses In Hospitals: Dennis Quaid Testifies Before Congress

Actor Dennis Quaid has been in the news a lot lately, after he and his wife almost lost their two twin children to a gross medical mistake. The hospital gave the twins extreme overdose of a drug known as Heparin, a blood thinner. Apparently, the dose given to each was the adult dose, and equated to something like 10,000 times the correct dose for an infant. Miraculously, the twins' near wrongful death was averted, despite what seemed to be clear medical malpractice. As a result of this experience, Quaid understandably became interested in just how a medical/drug error like this could have occurred. He began studying the problem of preventable medical errors/mistakes. In a recent episode of CBS' "60 Minutes," Quaid cited statistics indicating that as many as 100,000 people are killed each year as a result of preventable medical negligence, more than are killed by automobile accidents and a host of other causes of death. We tend to take for granted the danger involved in taking to the roads in our automobiles, accepting the risk of serious injury or death from an auto accident; but the public seems to be unaware about the extent to which medical malpractice takes lives each year. While this incident did not happen to Quaid in North Carolina, it could just as easily have happened to him in North Carolina. Just because a hospital or doctor is in a larger North Carolina city like Raleigh, Charlotte, Fayetteville, Wilmington, Greensboro or Winston-Salem; it doesn't mean medical mistakes won't happen or aren't common. The link provided is to video of Dennis Quaid's recent testimony to Congress on this issue. Obviously, he has become an impassioned advocate working for change in preventing medical mistakes by doctors, hospitals, nurses, and other healthcare providers.

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Dehydrated Nursing Home Patients: Nursing Home Abuse & Neglect Lawyers Can Provide Guidelines

Weight loss is the most obvious and critical factor in determining whether the nursing home is properly feeding and hydrating the resident-patient. There are industry standards and guidelines that can be used to determine whether the rate and amount of weight loss is acceptable, and these are a good starting point for determining whether there is a problem. If the nursing home staff tells you that the weight loss is because the resident just won’t eat, know that this is, in itself, not an acceptable excuse. If a resident is not eating, it could be because he or she is not getting the proper help. Stroke and dementia victims, for example, require a lot of patient help: patience and help an understaffed nursing home might be unable/unwilling to give. Stories of nursing home staff leaving trays of food beside residents’ beds, out of reach, are not uncommon. There is rarely a good excuse for resident weight loss, and you should “investigate” when weight loss is significant in accordance with the above guidelines. In some cases, nursing home residents may actually have a feeding tube. Amazingly, some feeding tube patients still lose weight. There is virtually no excuse for this. The nursing home controls the quantity of food, and should ensure that the resident receives proper nutrition. Residents on feeding tubes often lose weight when staffing is inadequate, and the work required to ensure proper feeding tube feeding is simply not done. For example, in some patients the feeding must be stopped and started again at certain intervals, which requires more monitoring. If your loved one is a patient in a nursing home, and suffering from weight loss, contact my office for a consultation. We can discuss the weight loss guidelines and other issues in your case, and make a determination as to what to do.

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Harmful Care Rampant in Nursing Homes According to Official

This link takes you to an article from McKnights regarding the substandard care people are getting in nursing homes. Unfortunately, this appears to be the case in North Carolina nursing homes as well, giving rise to lots of nursing home abuse/neglect/injury and wrongful death claims. Statements have been given to Congress about the recurring and apparently systematic abuse and neglect in nursing homes. "More needs to be done to stop 'egregious instances of poor care,' said ... the chief counsel to the Department of Health and Human Services' inspector general."

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When the Nursing Home Claims Pressure Sores are Inevitable or Unavoidable

Often when I am reviewing potential Nursing Home Abuse, Neglect, Injury or Wrongful Death cases, the client tells me that the nursing home involved has told them that (with respect to the particular resident's pressure sores) pressure sores or pressure ulcers are "inevitable" or "unaviodable."  Depending on the severity of the pressure sore (i.e., Stage 3, Stage 4, etc.), this kind of sentiment may or may not carry much weight.  For example, Stage 4 pressure ulcers are almost never unavoidable if proper care is given.  I believe nursing homes inform the family of a resident suffering from pressure sores that those pressure sores are inevitable in order to discourage the family members from realizing that improper care is being given.  The Medicare Regulations applicable to nursing homes actually do make use of the term "unavoidable" in the context of pressure sores.  However, the unavoidability of pressure sores is absolutely dependent upon the nursing home facliity's first having provided and exhausted all possible care interventions before a pressure ulcer can be classified as unavoidable.  If a pressure sore is not unavoidable, there is liability.  So, lawyers examining nursing home claims should pay close attention to the available guidance for nursing home surveyors in this respect.  Again, before a nursing home lawyer can claim on behlaf of his nursing home client that a pressure sore was unavoidable, he must first be sure that all necessary treatment was given.  Until that point, "unavoidability" is not even a factor.  This is true whether the nursing home is in North Carolina or in another state - as long as the facility accepts Medicare Reimbursements, it is subject to the Medicare Regulations, and the previous analysis applies.  A careful analysis of pressure sores in a nursing home cases is very important.  There are pressure sores involved in almost every Nursing Home Neglect or Wrongful Death case I screen, and most often these pressure sores have resulted in serious infections (e.g., sepsis or blood infection).  If you or someone you love is in a North Carolina nursing home and having problems with pressure ulcers, whether in a facility in the Raleigh, Wilmington, Fayetteville, Charlotte, Greensboro, or Winston-Salem area; feel free to contact my office for assistance evaluating your rights.

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Pressure Ulcers in Adults: Prediction and Prevention (Nursing Home Clinical Practice Guidelines)

I am attaching a link to the "Quick Reference Guide" regarding pressure ulcers, which occur in nursing homes pretty commonly (but inexcusably)  in my opinion. These shorter clinical practice guidelines, along with the full-length guidelines, are found at the U.S. Department of Health and Human Services website. If you or someone you love was injured via pressure sores/ulcers from neglect in a nursing home, you might check out these guidelines. They should apply to North Carolina nursing homes as a "standard of care" for preventing, assessing and caring for pressure sores. If you have recently put a loved one into a nursing home, you might consult these guidelines to help ensure your loved one is being properly cared for so as to prevent pressure sores/ulcers from developing. Pressure sores are serious, hurt badly in some instances, and can even be deadly if they become infected. If you are in the Raleigh, Fayetteville, Wilmington, Charlotte, or other North Carolina areas; feel free to contact me if you have questions about pressure sores or other nursing home questions.

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Injuries From Nursing Home Falls Can Be Difficult Cases

As a Nursing Home Abuse/Neglect Attorney I am often presented with cases involving falls and related injuries in nursing homes.  At first glance, many of these cases appear to be cases of solid liability.  It is important, however, to analyze nursing home fall cases closely.  Take, for example, the situation where a nursing home resident falls from bed, and is injured.  In many cases, no bed rails are used to keep a resident from falling.  This is because there is constant tension between the requirements that nursing homes not unnecessarily restrain their residents; and the need to prevent residents from falling and injuring themselves.  Further, bed rails can in many instances themselves cause injury (for example, when a resident gets caught in a bed rail and sustains injuries to limbs, or even gets choked).  Nursing homes, in order to avoid liability, may take other actions to reduce or eliminate the potential for injuries from falls for their nursing home residents.  For example, even when bed rails are inappropriate for a particular nursing home resident, a lowered bed, or even an additional mattress on the floor, might be an acceptable and relatively safe solution.  Alarms attached to the resident which detect a resident’s movement can also be used in order to alert staff that a resident is attempting to get out of bed.  Obviously, this should trigger a staff response to assist the resident with his or her needs.  Unfortunately, none of these measures can ultimately totally prevent the risk of falls and fall injuries in nursing homes where the nursing home is understaffed or inattentive.  If you or a loved one has fallen in a nursing home, don’t jump to conclusions about nursing home liability for injuries or death related to that fall.  Consider contacting a North Carolina Nursing Home Injury, Abuse, Neglect or Wrongful Death Attorney for assistance in evaluating the situation and making a determination as to whether you have a claim against the nursing home.

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Medicare 2008 Action Plan for Nursing Home Improvement Released

Medicare report outlining plans for improvement in nursing homes, including North Carolina nursing homes. This should be of interest to nursing home abuse and neglect lawyers in North Carolina and in other states.

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Detecting Nursing Home Abuse or Neglect Is Not Always Easy

I recently had a client (who holds power of attorney for her loved one) see her loved one's "Stage 4" pressure ulcer (bed sore) for the first time, despite that the loved one had suffered from this avoidable injury for more than a couple of months. It wasn't through lack of concern or care, it was apparently just that throughout the whole ordeal, nobody ever thought about showing it to her, and, frankly, she did not understand how serious the pressure sore was. She was practically in tears after seeing it. Pressure sores/ulcers can get grotesquely large and deep, and clearly cause the nursing home resident much pain and suffering. I hear time and time again from nursing home abuse, neglect and wrongful death clients that they were totally unaware that their loved one was suffering from such a wound. Often, the hospital "blows the whistle" when the nursing home resident is admitted to the hospital (often due to healthcare emergencies related to neglect while in the nursing home, and sometimes emergencies related directly to the pressure sore itself). If you have a loved one in a nursing home, try to be involved with that person's care. Be there for changings, etc., so that wounds will be exposed. People with questions about pressure sores that develop in nursing homes in North Carolina should contact a nursing home injury, abuse, neglect or wrongful death attorney/lawyer.

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Nursing Home Attorneys Often See Medical Malpractice As Well

In screening nursing home injury, accident, abuse, neglect and/or wrongful death claims, lawyers often see claims that are really more traditional medical negligence or medical malpractice type claims. Suppose a loved one goes to a North Carolina rehabilitation facility or nursing home for rehabilitation following a stroke. The treatment that resident gets as that nursing home could be substandard or negligent; and the resident may end up injured or in serious jeopardy health-wise. That nursing home resident could end up in a hospital's intensive care unit, and then later be inappropriately (e.g., too early) transferred out for further rehabilitation. A seriously or critically injured or ill person transferred to another facility can sometimes be put in worse shape just through the trauma of travel. This can lead to a medical malpractice claim against the hospital itself for prematurely and negligently releasing this patient to a nursing home. If you have a loved one who is being released from a hospital before you think it is time, pay close attention, and consider contacting a North Carolina lawyer for help if you feel the hospital or medical facility is not doing the right thing.

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Unfairly Delayed Insurance Claim Payments Can Result in Large Insurance Damages Award

This link leads to a story about Montana's largest insurance "bad faith" or unfair claims practices verdict. When an insurance company is denying or delaying insurance money unfairly, that conduct can lead to this sort of result: a $5.3 million verdict for the insured policyholder.  In this case, the delayed payment resulted in the policyholder's inability to get medical treatment for personal injuries sustained in a car accident. These kinds of problems have a real impact on people who have been hurt in accidents. If you are having a problem with an insurance company, contact my office. I am a North Carolina insurance attorney, and can help.

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Medical Negligence and Nursing Home Lawyers Not Surprised by Results of Understaffing

One of the most common things I hear as a nursing home abuse and neglect lawyer in North Carolina is family members talking about how, when they were visiting their resident before he or she died as a result of the nursing home's neglect or abuse, they could never seem to find a nurse or other skilled medical care giver around when needed. This especially seemed to be the case on weekends and after hours. If you are concerned about the care your family is getting in a nursing home, you should make frequent after-hours visits to ensure adequate staffing. Nursing homes these days are extremely profit driven, and make budget descisions about staffing that are not necessarily tied to patient care needs. As a nursing home abuse, neglect and wrongful death lawyer, I am generally not surprised to hear these kinds of comments from family members. This is happening in many nursing homes in North Carolina, from Charlotte to Raleigh to Wilmington, and Fayetteville in between. If you suspect understaffing at the nursing home where your loved one resides, contact a lawyer who can help you determine whether the law is being broken.

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Insurance Unfair Claims Legal Victory Versus Fireman's Fund Insurance

This story should give wronged insurance policyholders some encouragement; and insurance companies pause. After a long fight, a Montana jury saw through this insurance company's tactics, and used its power to right the wrong. Sadly, this kind of story is not uncommon in the realm of insurance claims. Insurance lawyers and their clients must sometimes endure substantial delay in getting fair treatment on an insurance claim. Fortunately, this insurance bad faith lawyer was able to stick it out. This kind of conduct is not limited to other states, of course; insurance companies sometimes adjust insurance claims in a similar manner in North Carolina.

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Nursing Home Arbitration Clauses Present Special Issues

I don't support the enforceability of arbitration clauses in consumer type contracts generally, because in virtually every instance, they are signed without any understanding whatsoever on the part of the consumer. In many instances, admissions to nursing homes are under circumstances that give the consumer no time to read or reflect upon the content of what are often long and detailed nursing home contracts of admission. Many of those I speak with about nursing home abuse and neglect cases tell me that they were not even really given an option when the time came for their loved one to be released to a nursing home from the hospital. Often, this is simply because there are not beds available in enough nursing home facilities to allow choice. A growing issue that nursing home abuse and neglect attorneys have to deal with is challenging the arbitration clauses that nursing homes are putting into their contracts. Nursing home abuse and neglect lawyers should work hard for their clients to avoid these clauses, and preserve their clients' right to a fair jury trial. The review of nurising home arbitration clauses should be iuncluded in the service provided by any North Carolina (Raleigh, Wilmington, Fayetteville) nursing home abuse or neglect (or wrongful death) lawyer or attorney.

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Auto Accident Insurance (Underinsured Motorist Coverage)

If you are ever in an automobile accident, be sure your attorney understands how uninsured and underinsured motorist insurance coverage works. It is not uncommon for damages to exceed the amount of coverage available when there is a catastrophic automobile accident with personal injury or wrongful death. All purchasers of automobile insurance are required to be given the option of purchasing uninsured/underinsured motorist coverage when they buy their liability automobile insurance policy. If the insurance company does not offer the insurance and get the purchaser to sign a form (provided by the NC Rate Bureau), then that policyholder is automatically considered to have the maximum uninsured/underinsured motorist coverage. If you have been in an auto accident in North Carolina, whether in Wilmington, Fayetteville, or Raleigh, you should have an attorney review the coverage available so that your claim can be evaluated and the proper course of action determined.

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Nursing Home Shell Game

North Carolinians who have

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Nursing Home Wrongful Death in UK

Apparently the same problems exist in the UK that exist in nursing homes in the United States. This recent article, published in a UK periodical, highlights the kind of wrongdoing seen all too often in nursing home abuse and neglect cases in the United States; including forging records to conceal improper or lack of care, and retaliation against residents who complain. Unfortunately, as in this case, skilled nursing care requirements often force family, as a last resort, to put their elderly loved one into a nursing home. When that happens, though, the family should be able to expect reasonably that the nursing home will do its job. Medicare regulations are strict and plenty, but nursing homes often cannot comply due to understaffing imposed on management by upper-management's unrealistic budget constraints. The kind of behavior/care outlined in this article demonstrates the result. Hiring a nursing home abuse/neglect lawyer adn pursuing remedies through the courts is sometimes the only way to deter this kind of conduct by nursing homes.

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Underinsured Nursing Homes

A recurring problem in nursing home abuse cases is the lack of insurance coverage. In some instances, insurance coverage exists, but is a "wasting" insurance policy that reduces by defense costs/attorney fees in the event of a lawsuit. The problem, of course, is that this situation can leave the victims of nursing home abuse and neglect without any redress for their injuries (or the victim's loved ones, in the case of a nursing home wrongful death case). Justice is not all about money, but the reality is that, in the cases worth pursuing, the defendant nursing home often has no regret and no incentive the change. Indeed, problems in nursing homes are generally the result of understaffing, driven by unrealistic budget constraints. This seems to happen most often with large nursing home chains, which have actually become the rule, rather than the exception -- the bottom line is that the nursing home business is big, profitable business. Physicians, such as nursing home "medical directors" often don't realize that they are not even covered by insurance for their actions on behalf of the nursing home; and when there's abuse or neglect (and a lawsuit), their responsibilities under the applicable state/federal regulations for nursing homes makes them a likely defendant. Perhaps medical directors' liability will force them and the industry to re-think insurance coverage for personal injury, abuse, neglect and/or wrongful death related to nursing home abuse.

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Increases in Fines Against Nursing Homes?

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Hiring a Nursing Home Abuse Lawyer

If one has sufficient evidence of nursing home neglect or elder abuse against a loved one, that person has to then decide on a nursing home abuse lawyer or attorney. There are a number to choose from in North Carolina. I personally am willing to handle nursing home abuse and neglect cases throughout North Carolina, including cases in Charlotte, Raleigh, Wilmington and Fayetteville, North Carolina, to name a few places.  At this time, my practice model allows me the freedom to spend larger amounts of time on cases, giving clients more personal attention than some of the larger more "high volume" practices. I usually meet personally with the right nursing home abuse/neglect clients, and am willing to travel throughout North Carolina to do so.Consider that one of the most important factors in hiring a nursing home abuse or nursing home neglect lawyer, as with hiring any personal injury or insurance lawyer, is the lawyer's patience with the client. The legal process can be scary to clients, most of whom have never had any experience with lawsuits; and certainly not with complicated nursing home abuse or neglect cases.  Studies have shown that clients most want a "patient teacher" in their lawyer; and what jurors need in courtrooms is an instructor as well. In complicated cases like nursing home abuse/neglect cases, there is a lot of complicated material that must be well-organized and presented so that everyone can understand it.Consider also that effective advocacy is primarily determined by dedication and tenacity, not necessarily by intimidation/boistrousness.  The jury science, I think, bears out that jurors are turned off by lawyers who bully and intimidate, anyway.

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Over 4000 Nursing Homes Identified as Substandard

The Center for Medicare and Medicaid Services (CMS) today named 4,037 nursing homes with deficiencies related to both pressure sores and/or restraint rates. CMS says these nursing homes' quality measures in at least one of two areas -- physical

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Life Care Plans for Future Care in Personal Injury Cases Add Up

Often in personal injury lawsuits or cases, the cost of continued care is the single biggest part of the damages awarded by a jury, or the amount for which that personal injury case is settled.  For example, an Arizona jury recently awarded a 15 year old Arizona boy and his parents about $9.14 million.  Much of this verdict had to with the seriousness of the traumatic brain injuries suffered by this boy, whose future medical costs were estimated at up to $3.5 million.  Additionally, this boy’s loss of earning capacity was a substantial estimated $2.12 million.  People are often upset by large jury verdicts, but fail to consider the true economic reality that often results from other’s negligence or carelessness in personal injury or wrongful death cases.  These verdicts are not driven by greed or irrationally on the part of lawyers or jurors.  These verdicts are made up, in my opinion, most often of amounts designed to truly and fairly compensate personal injury and wrongful death plaintiffs.  Plaintiffs must back these figures up through the use of testifying experts who understand the cost implications of these personal injuries and the treatment that is expected and necessary.

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$1.68 Million Verdict for Correction Officer in California

The December 2007 Law Reporter (Published by the American Association for Justice) outlines the details of a recent disability discrimination case filed by a County Juvenile Detention Facility worker who was awarded $1.68 million in damages related to her employer’s failure to accommodate her wrist disability.  The plaintiff, who had been earning about $43,200.00 per year, came away with damages that high probably for a number of reasons.  First, in employment law cases, future expected income can often be substantial.  In this case, the plaintiff’s future expected lost income was $360,000.00.  Also in employment law cases, generally the plaintiff is able to recover past lost income as of the time of trial; and in this particular case that amount was $69,000.00.  This plaintiff also had lost her health insurance benefits, which were apparently substantial.  Most importantly, probably, were emotional distress damages related to the case.  The employer in this case repeatedly over a number of years failed to accommodate this employee’s disability, which aggravated the injury due to the job duties required.  The worst part, however, is that the employer finally terminated the plaintiff while the plaintiff was on leave for treatment of a breast cancer condition, and only after plaintiff finally complained about her employer’s failure to accommodate her wrist disability.  Most federal employment law protections for employees also contain “anti-retaliation” provisions.  In many cases, even if the employer has not violated the statute itself (e.g., by actually discriminating in violation of the law), but the employer terminates an employee for complaining or “blowing the whistle”,  then the employer is liable for retaliation if it takes any adverse employment action against the employee.  These seem to be some of the best employment law cases.  These retaliation provisions are important to the enforcement of employment law protections for employees and to protecting employees’ rights under the law.  The jury’s verdict in this case demonstrates the importance of employees being able to report or complain about what is perceived to be discriminatory treatment.  Employment law retaliation provisions also pave the way for employees to work with employers to ensure fairness under those laws.

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$1.9 Million Settlement to Man Killed by Drunk Driver

AAJ’s Law Reporter (December 2007) recently reported a $1.9 million dollar settlement to the family of a man killed by a drunk driver who was driving in the course and scope of his employment.  This case shows that the consequences of driving under the influence don’t stop with criminal problems for drunk drivers.  In this case, the defendant was employed by his parents who were also exposed to serious liability for negligently entrusting the vehicle to their son who apparently had a history of drinking and driving.  Also, because the defendant in this case had been entrusted with the car by his parents (who had some knowledge of his drinking propensities), his parents had liability for personal injury and/or wrongful death under the “vicarious liability” theory.  In this case, not only was the defendant drunk driver exposed to potential criminal liability; but his actions also exposed he and his parents, and their business to wrongful death liability.  This case was a Louisiana case, but the size of this personal injury verdict should give parents, business owners, and especially drunk drivers in North Carolina pause as well.

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Threat of Personal Injury from Dog Bites in Fayetteville North Carolina

There have been a number of serious dog bite/attack reports (and related personal injuries) in the Fayetteville, North Carolina area recently.  Often, as one would expect, the dogs involved in these cases are often of a “dangerous breed,” such as pit bull, etc.  People often seem unaware of how dangerous these dogs can be, and do not take adequate safeguards to protect others from their dogs.  Sometimes people believe that because their dogs have good demeanor around their owners, that they don’t pose a threat to others.  While people certainly have the right to own dogs, in order to avoid liability for personal injury to others, they have to do things to protect the public such as install fences, diligently use leashes, etc.  If someone has been bitten or injured by another’s dog, in a personal injury lawsuit special laws on the books can help injured plaintiffs recover.  There are, for example, special laws dealing with attacks by dogs of a breed known to be dangerous (like pit bulls).  Because of these laws, liability for personal injury resulting form a dog attack is increased.  The law in most places also makes it easier for an injured personal injury plaintiff to recover where a dog’s owner knew of dangerous tendencies of the dog or dogs.  If you have been injured through a dog bite/attack, a personal injury attorney or lawyer can help you understand the protections and rights that arise from the dog bite laws in North Carolina.

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Insurance Companies Act in Bad Faith When They Set Goals for Cancellations or Pay Bonuses Based on Cutting Claims

The Los Angeles Times recently reported that the State of California fined Health Net Inc. over $1 million for setting goals for its adjusters based on the cancellation of benefits.  Apparently, Health Net also paid bonuses at least partly based on how many policy holders were dropped and the money saved as a result.  In the insurance law realm, doing this sort of thing is not acceptable, and in most cases, in my opinion, likely constitutes insurance bad faith and may also violate the applicable unfair insurance claims practices laws (in North Carolina and other states).  Insurance companies are certainly entitled to make money, but on the claims side, claims adjusters and those with the power to cut benefits cannot be given incentives to stop benefits, reduce coverages, or deny claims.  These kinds of incentive programs are not new:  California also fined disability insurance giant UNUM Provident several years ago (somewhere around $15 million), in part, I believe, for engaging in some of the same types of activities.  This Health Net scandal appears to be more of the same in the way of insurance bad faith and insurance unfair claims practices.

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USA Today Report: Nursing Home Abuse/Neglect On the Rise?

Another signal that nursing home abuse and nursing home neglect is likely on the rise in North Carolina and other areas can be found in a USA Today report in December of last year, a report that states that nursing home citations increased 22% from 2000 to 2006. These were not frivolous citations, either: these were citations for "putting patients in 'immediate jeopardy." USA Today concluded this based on records from the U.S. Centers for Medicare and Medicaid Services (CMS), which regulates nursing homes that accept Mediare and Medicaid. This report on nursing home abuse does suggest that perhaps it is merely that more nursing home violations are being found, as opposed to incidents of nursing home abuse being on the rise. In any event, an increase in these kinds of claims could be on the rise as a result. In my opinion, this signals the need for families to be vigilant about their loved ones who are in nursing homes, and to get help from a nursing home abuse/neglect lawyer if abuse is suspected. The full article can be found at: http://www.usatoday.com/news/nation/2007-12-18-nursinghomes_N.htm?POE=click

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More Nursing Home Abuse/Neglect Concern from TN

Drastic nursing home abuse and nursing home neglect legislative reform is being proposed in TN. PR-Inside.com recently reported that State Sen. Jim Tracy (R-Shelbyville) and state Rep. Randy Rinks (D-Savannah) introduced the bill last week that would severely restrict the rights of nursing home victims and their families to seek relief for nursing home abuse/death. This appears to be regardless of how serious the injury or violation of law. The type of neglect and abuse recently documented in TN nursing homes, the story says, ranges from maggots in wounds to untreated broken bones to rape. This is pretty scary stuff. Nursing home lawyers in North Carolina and elsewhere should be concerned about this trend, in terms of the negative effect it will have on relief for their clients abused, injured and/or killed in (or by) nurinsg homes. The nursing home industry is well-financed, particularly with some of the private equity invesetment we are seeing as to some of the larger more profitable groups. The full article can be found at: http://www.pr-inside.com/proposed-legislation-strips-nursing-home-r421402.htm 

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TN Tort Reform: Bad for Nursing Home Abuse & Neglect Victims and Their Families

As the nursing home industry seeks to limit "non-economic" damages in nursing home abuse and nursing home neglect (and wrongful death cases resulting from nursing home abuse and neglect), one wonders what will be left to deter the rotten conduct happening in nursing homes these days. Without non-economic damages such as punitive damages, large corporate interests operating many of these facilities these days will have little incentive to change their ways (e.g., budget pressure on nursing home administrators, resulting in severe and dangerous understaffing in some nursing homes; which equals nursing home abuse, neglect and wrongful death in many cases). One argument the nursing home industry is using is that liability costs cause unnecessary expense that could be spent hiring more staff. Unfortunately, we have seen that the nursing homes (especially the large chains we are now seeing) already have plenty of money to beef up staff. Limiting non-economic damages in nursing home cases will also devalue the true pain and suffering to which many vicitims of nursing home abuse or neglect are subjected. The following article discusses the pending proposal in TN. Hopefully, North Carolina nursing home abuse cases will not be limited. http://www.knoxnews.com/news/2008/feb/03/nursing-home-industry-wants-limits-in-lawsuits/ 

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Insurance Law: Allstate Would Rather Pay $25,000 PER DAY than Release McKinsey Documents

The

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Insurance Law: $8.5M Verdict Against State Farm Upheld

A Missouri court of appeals recently upheld a verdict worth nearly $8.5 million against State Farm Mutual Automobile Insurance Co. The court held that State Farm Insurance Company denied a stolen-car insurance claim filed by a Kansas City policyholder. State Farm accused the policyholder of stealing the car, and later ushed to have county prosecutors file criminal charges against the customer and an acquaintance. From reading this decision, it seems pretty clear that the insurance company did not give this claimant the benefit of the doubt. Actually, the record in the case reflects that State Farms went out of its way to ignore evidence that tended to show that the insurance claimant was not guilty. This is an interesting case for insurance lawyers, particularly those handling insurance unfair claims practices or insurance bad faith cases. There is more to the story. The story was reported by Portfolio.com on 1-8-08, and can be read at:http://www.portfolio.com/news-markets/local-news/&&&&kansascity/2008/01/08/appeals-court-upholds-85m-verdict-against-state-farm

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Perhaps Increases in Quantity and Quality of Staff Would Prevent Nursing Home Abuse and Nursing Home Neglect in North Carolina and Elsewhere

The story at the link below illustrates one of the fundamental problems with the state of nursing home care in North Carolina and elsewhere in America. Clearly, sufficient profits exist to pay for the quality and quantity of staff necessary to avoid nursing home abuse and neglect. This article deals with a large nursing home company, Atria Senior Living. It is owned by a large Wall-Street investment fund (Lazard) that manages more than $140 billion. While Atria and Lazard rake in billions, many Atria workers who spend their lives caring for fragile and elderly seniors are earning poverty wages. What could be more important than paying sufficient wages to a sufficient number of these "front line" caregivers? Who would you want caring for your elderly family member? I understand "through the grapevine" that, in 2006, Lazard's CEO earned nearly $23 million; and currently has a net worth of more than $2 billion. Atria facility workers, on the other hand, make about $8 to $10 an hour. Atria Senior Living is one of the largest senior living providers in the country, with more than 130 facilities in 27 states. The actual article can be read at: http://www.earthtimes.org/articles/show/healthcare-activists-call-on-lazard-affiliated-atria-senior-living-to-stop,259185.shtml

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Nursing Home Abuse Statistics Paint Grim Picture

In 2001, almost 90 percent of all nursing homes were cited by a regulatory agency for a deficiency; and a deficiency translates, of course, into potential (or actual) nursing home abuse. With the expected rise in nursing home residencies (as a result of the "baby boomer" generation) in the future, it would seem that without serious reform/incentives, nursing home abuse will continue to rise. When profits are sufficiently large, some corporations who run these nursing homes become willing to allow a pattern of nursing home abuse in their nursing homes. Punitive damges should be an effective way to deter this kind of conduct; but in North Carolina, punitive damages are currently capped at $250,000.00, or three times compensatory damages, whichever is greater. In cases of substantial harm resulting form nursing home abuse, the punitive damages can be significant. But in many cases, the "cost" of abuse to nursing homes is, unfortunately, worth it to some nursing home operators.

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Family Relationships and Nursing Home Abuse

The nature of the family relationship of a nursing home resident is critical to the success of a nursing home claim. Where there has been abuse of a loved one in a nursing home, one very common defense is to blame the family. Discord among family members can cripple a claim, giving the appearance that the family was not there to support the nursing home resident. This is especially true in situations where a wrongful death claim is brought on behalf of a deceased nursing home resident. In that case (at least under the North Carolina Wrongful Death statute, which is -- of course -- applicable to nursing homes in Fayetteville, NC), the heirs are bringing their claim against the nursing home for their loss of their loved one. Essentially, the loss of the nursing home resident and family member's society and companionship. When a family is portrayed as unloving, this hurts the claim. When family members have not visited the nursing home resident or have otherwise done things to appear not to have cared about the nursing home resident's well being, the claim is hurt dramatically. The nursing home's records will reflect family involvement with the nursing home resident (or lack of such involvement), including family involvement with nursing home staff. Extensive involvement by family members can make a huge difference in the success of a nursing home claim in North Carolina.

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On Insurance Claim Fairness

When considering bringing a bad faith lawsuit, remember that what this is all about is fairness. If someone as consulted an insurance lawyer because his or her insurance company has violated unfair claims practices statutes, or acts in bad faith, or otherwise mishandles an insurance claim; that client is put in a bad position. Now, because this person has had to involve an attorney in order to get paid on the claim, that attorney will have to be paid for his or her time. When an insurance company comes out and decides to pay only after the policyholder hires a lawyer, it does not make the policyholder "whole." At that point, the policyholder is entitled to "extra contractual damages,"  or, damages beyond what was owed contractually under the policy. For one thing, that policyholder now has attorney fees to pay (if not paid out of pocket already). Also, that policyholder may be entitled to additional damages based on the delays and other conduct involved in the mishandling of the claim. It happens very frequently that an insurance company delays or denies a claim, then coincidentally decides to pay it once the policyholder hires a lawyer. What I try to do as an insurance lawyer is help people understand these issues, and analyze the appropriateness of their claim and the likelihood of recovering damges beyond those owed on the insurance policy itself.  I think it is good advice to say that policyholders/claimants should make absolutely sure they are doing everything possible to comply with the policy requirements and cooperate with the insurance company. The worst thing that can happen is that you will get paid.

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Incredible Allstate Insurance

Allstate Insurance is appearing in the news a lot lately, and in an unfavorable light. Several articles on my website library attest to the problems this company has.

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