While this may sound like a simple solution to physician shortage, the accreditation standards at nursing schools have not been raised yet. Though many nurse practitioners are capable of conducting duties typically reserved for doctors, some may not be so competent. In these instances, mistakes could be made resulting in nursing staff failure, medication error or a misdiagnosis. These mistakes could constitute hospital negligence and medical malpractice.
]]> Blunders made by unqualified nurse practitioners can cause patient injury or death. Lawsuits can help victims and their families recover for medical expenses, lost wages and pain and suffering, but these families can never be made truly whole again.The American Association of Colleges of Nursing wants nurse practitioners to acquire a doctorate degree in nursing practice by 2015. Though this may help nurse practitioners expand their medical knowledge, the title of "doctor" may confuse patients. When patients think they are seeing a primary care physician they might actually be seeing a nurse practitioner.
Proponents of this shift in care claim that higher accreditation standards at nursing schools set to go into effect by 2015 will produce higher caliber nurses capable of handling 90 percent of a patient's primary healthcare needs.
The two might be equally qualified to provide the care the patient is seeking, but the complex medical world of today requires patients to be fully informed of all diagnoses and treatments as well as who really is providing that information. Only then can patients make the proper decisions regarding their health.
Source: Sun Sentinel, "South Florida nurse practitioners handling more 'doctor' duties," Scott Travis, May 5, 2012
]]>The victim, who was once able to walk with assistance, eventually stopped eating, drinking and walking to the cafeteria. He became bed-bound and unresponsive. A few weeks later the victim's son was told by a nursing home staff member that the victim had infected bed sores.
When the victim's son requested his father be taken to the hospital, nursing home administrators protested. However, the victim was taken to the hospital where he was determined to be dehydrated and malnourished. According to doctors, the victim eventually died from the infection.
These instances are tragic. Bed sores, which occur when a patient is not turned or repositioned every two hours, are completely avoidable. Properly trained and attentive nursing home personal should inspect residents' skin for developing bed sores and quickly implement pressure-relieving mattresses. Failure to do these simple tasks is negligence and can lead to dire consequences.
Though a lawsuit cannot ease the pain and suffering a loved one faces after nursing home negligence, it can compensate for the pain and accrual of unnecessary medical expenses.
Source: The Denver Post, "$3.2 million award in Rocky Ford nursing home death tied to bedsores," Kirk Mitchell, May 2, 2012
]]>Unfortunately, this does not always happen. Health professionals sometimes fail to diagnose conditions. These missed diagnoses can lead to a lifetime of medical treatment or even death. Miami residents should know that these instances can happen anywhere and that they are preventable mistakes.
]]> One woman's shocking story in Michigan paints the picture all-too-well. This woman was suffering from something we all have at one time or another: a sore throat. She went to the hospital for treatment and was given pain medication. Later that day, the woman returned to the hospital, stating that her throat had become worse. She was again given pain medication, but no antibiotics.The next day, the woman returned to the hospital for a third time. Her throat was much worse. After an examination, doctors realized that the woman had a bacterial infection that had progressed from strep throat to flesh-eating bacteria. The woman now faces years of recovery that could have been prevented.
Medical professionals should be careful in assuming that symptoms of minor conditions are in fact minor. Seemingly small problems could be the underlying symptoms of something very serious, even deadly. The victim in this case received compensation, but the physical damage had already been done.
Source: UPI.com, "Hospital to pay $755,000 for infection," April 26, 2012
]]>These incidents know no borders. So, Miami, Florida, residents should be aware of nursing home neglect and medical malpractice occurrences across the country that can illustrate when patients are improperly treated. One of these tragic events happened recently in Minnesota.
]]> Due to an apparent transcription error, personnel at the nursing home failed to give a resident one drug for three days and failed to administer another drug altogether. After missing both medications for three days and being found without a pulse, the resident was hospitalized and later died from pneumonia and pulmonary disease.The nursing home has since retrained its staff in medication transcriptions, but the staff was not penalized.
When unwarranted pain, injury or death is incurred on a nursing home patient, relatives may recover compensation to cover further medical expenses, loss of enjoyment of life and pain and suffering. If death is the ultimate result, they may consider a wrongful death claim.
Compensation may not make a victim of nursing home neglect whole again. Yet, it can go a long way to moving life to a better place where undeserved medical bills are not overwhelming and pain and suffering can be eased.
Medical personnel, including those who work at nursing homes, have a duty to give the utmost care to their residents. When that duty fails, the results can be tragic. Miami residents should keep their eyes open to signs of neglect so that they can hopefully stop it before any damage is done.
Source: Star Tribune, "Red Wing nursing home error led to missed meds," Paul Walsh, April 11, 2012
]]>A recent incident in New York illustrates this point. A cesarean section was being performed on a woman when she smelled something odd. Then she saw smoke. When she asked the doctor what was going on, he responded that there was a small fire. That fire was on the woman's abdomen. Fortunately, the baby was born safely.
]]> The painful third degree burn measured seven inches long and five inches wide. When the victim went to a plastic surgeon to have the burn surgically repaired, the doctor said the injury looked similar to a napalm burn.The cause of the fire, a common hospital antiseptic, is quite flammable. Though the manufacturer of the antiseptic had warned hospitals and doctors that the liquid should dry before surgical procedures commenced, the anesthesiologist in this case claims that the antiseptic was still wet when it caught fire.
The victim has brought a medical malpractice suit against the doctor and the hospital, claiming that doctors and nurses were negligent in failing to heed the antiseptic manufacturer's precautionary steps.
If successful with her medical malpractice claim, the victim will be able to recover medical costs from the treatment of her burn. In addition, she might be able to get compensation for lost wages for time missed form work, and for pain and suffering, which she still faces as a result of the injury.
Patients who face even more severe medical malpractice injuries can seek other forms of relief that compensate for the loss of enjoyment of life, loss of future earning capacity and, in some cases, punitive damages.
Medical malpractice claims not only provide compensation to victims, but also hold healthcare professionals accountable for their preventable mistakes.
Source: The Post-Standard, "Woman's abdomen catches fire, as surgical tool ignites antiseptic," John O'Brien, April 1, 2012
]]>Miami, Florida, residents should be aware that these horrific surgical errors occur often enough to cause concern. In fact, nationwide, one out of every 19,000 operations ends with a foreign object left inside the patient after surgery.
]]> A recent medical malpractice lawsuit filed in Texas paints a perfect example of this unfortunate scenario. A man underwent surgery for stomach cancer but immediately afterwards started having abdominal pain. Three days after the operation, he came down with a fever.Scans showed an eight-inch-long, two-inch-wide retractor inside the man's abdomen that required another surgery to remove. The man's lawsuit alleges that the retractor perforated his duodenal stump causing an abscess, an infected abdominal cavity and sepsis.
The man was hospitalized for 17 days and lost 25 percent of his body weight. The man claims that his weight loss and nutritional condition has prevented him from continuing his chemotherapy and radiation treatments.
The hospital offered an unknown settlement amount to the man prior to when his medical malpractice lawsuit was filed, but the settlement offer was declined.
Incidents like this are a terrifying reality. Yet, medical operations are a health necessity. Medical malpractice lawsuits can ensure that victims receive the compensation they deserve and that health professionals will be deterred from neglecting their duty of care.
Source: KWTX.com, "Man Sues Scott & White Over Surgical Glitch," Megan Fleetwood, April 2, 2012
]]>One illustrative example popped up in Erwin, Tennessee, where a resident's family recently sued a nursing home alleging that the home's negligence caused injury, pain and suffering.
]]> The resident, while under the care of a local nursing home, fell and injured his leg. Though x-rays were taken after the fall, it was not until nearly a week later when the resident's daughter noticed he was in agonizing pain that the nursing home analyzed the x-ray and realized that the resident's leg was broken.In addition to failing to properly examine the x-ray, the resident's family's negligence suit claimed that the nursing home failed to prevent the resident from falling and did not monitor his condition after the injury. The family seeks damages to cover medical expenses, loss of enjoyment of life, and pain and suffering.
This lawsuit is not the first lawsuit filed against the nursing home this year. A separate lawsuit filed in January claims that the institution, after admitting an elderly man, failed for several months to notify his family of his deteriorating condition. The family was not notified of the elderly man's condition until five days before his death.
These events are tragic, but unfortunately common in every state. Florida residents should therefore keep a careful eye out for neglect taking place in nursing homes. With the responsibility to take care of those who cannot care for themselves, a nursing home depriving its residents of attention is a dangerous place.
Since there is always risk when leaving loved ones in the care of another, you should be concerned if you witness bedsores, rapid weight loss, poor personal hygiene, injuries of any kind, or failure by nursing home personnel to provide notice of a resident's changed condition.
Many conditions serve as signs of nursing home neglect and spotting these symptoms early, Florida residents can prevent further injury and hold those responsible accountable.
Source: Johnson City Press, "Lawsuit filed against Erwin Health Care Center," Brad Hicks, March 24, 2012
]]>This unfortunate accident happened when the mother was getting ready to checkout of the hospital and take her baby home after having been in the hospital for two days with a high temperature. The nurse that was removing the intravenous tube was using a scissors to cut it, but accidentally cut the baby's pinky finger off instead and it fell to the floor. The baby began screaming and the nurse ran and got help. Doctors at Heart of Florida Regional Medical Center tried to save the baby's finger, but it was too late because the nerves of the finger were too delicate and the veins were too small. The mother of the baby is now suing the hospital for negligence.
]]> In the lawsuit the mother is claiming that while the nurse was trying to remove the intravenous tube with scissors, she failed to follow safety procedures and that the hospital failed to train its employees on the proper use of scissors when removing tubes of this type. The mother is seeking more than $15,000 in damages and wants to make sure that this does not happen to any other child.Hospital officials stated, "We deeply regret the harm to the child and want to reiterate our compassion and concern for her and her family." The hospital also stated that they have not been able to reach a mutually agreeable resolution to this matter, but will continue to work towards that goal.
The nurse involved in the accident is an experienced nurse and was distraught days after the incident and took off time from work. She is currently still employed at the hospital.
Source: Orlando Sentinel, "Polk mom's lawsuit: Nurse cut off baby's pinky," Ray Reyes, March 27, 2012
]]>A study was recently conducted by the online science journal PLoS ONE and they examined the impact of climate changes on the brown recluse spider and how its environment is affecting humans. What they found is that it is hard for some physicians to diagnose in patients because they think that even though the spider is in their region, the likelihood of being bitten by one is rare. Researchers found out that the brown recluse's venom eats away at the soft tissue near the bite area and could cause serious consequences for a victim, but the damage can be contained with proper medical treatment.
]]> Researchers involved with the study feel that if they get the message out that these spiders are expanding their habitat, it will help medical professionals better diagnose a potential bite and get treatment going right away.According to the study, the brown recluse is mostly concentrated in the southeast, but can be found from Florida to California. By 2020, parts of the northern states could start seeing an increase in the spider's distribution. In addition, it appears that the recluse's numbers are expected to dwindle in states with rising temperatures.
It's a good rule of thumb to get checked out if you have been bitten by a spider and aren't sure if it was a brown recluse spider bite or something else.
Source: International Business Times, "Brown Recluse Spider Spreading Into New Territory Throughout U.S., Scientific Study Says," Ryan Villarreal, March 16, 2012
]]>Most doctors' offices are allowed to dispense samples of medications for conditions where there is an immediate need and it is regulated. Some states even require a special license for a doctor to do this.
]]> The upside of a doctor being able to dispense medication is that it would be convenient to the patient, doctor's would be able to dispense lower-cost generic medications and improved patient adherence with medication regimes. The negatives include medication safety concerns, lack of regulatory oversight, and no procedure for medication labeling, record keeping, storage and supervision of the dispensing of drugs.Many doctors and pharmacists are uneasy about doctors being able to dispense medications and the main reason is the potential conflict of interest. Doctors may be dispensing medication that they make a profit from. Also, the safety issue is of big concern. According to a 2007 report by the Institute of Medicine, medication errors originate during the medication prescribing process. Pharmacists catch these errors most of the time and they are a built-in safety net for the doctor.
The U.S. Office of the Inspector General of the Department of Health and Human Services as well as the National Association of Boards of Pharmacy, feel that regulatory oversight and accountability is a must in the dispensing of drugs in order to protect the safety of the patient.
While it may be convenient for a patient to have their doctor give them their medication during a doctor visit, it may not be the safest.
Source: Philly.com, "When doctors -- not pharmacists -- dispense meds," Mar. 13, 2012
]]>According to advocates, only a few proposed laws are still alive in the 2012 legislative session and they feel that not enough is being done to protect residents. Currently, there are proposals being decided upon and they include a bill that would protect residents from being evicted from the nursing home facility if they complained to authorities about living conditions.
]]> Another bill is going for a vote that would allow the state Agency for Health Care Administration, which currently licenses and inspects the facilities, to be able to fine a nursing home up to $10,000 for any violation when it involves the death of a resident. Advocates feel that this is still not enough and that a nursing home should immediately lose their license while an investigation is taking place.The AHCA does feels that it has the control to close a facility if they feel it's warranted and believes it has enough regulations in place to do its job. They feel that creating more regulations does not solve problems with enforcement, and that it won't prevent the negligent behavior.
Advocates feel that if any of these bills are to pass, they need to pass quickly and they are hoping that with the media attention that is focused on nursing home neglect, will help further their cause.
Making the decision to put a loved one in a nursing home or an assisted living facility is never easy. So when a family decides on a nursing home, they expect that the home will meet certain standards of care, safety and cleanliness for the benefit of all residents. Yet, many facilities fail to uphold these standards and the elderly residents end up sick or injured. If you believe that your loved one has experienced negligence, abuse or mistreatment, you should contact an attorney that specializes in nursing home abuse. They understand your feelings of betrayal and will work for you to obtain the results that you and your loved one deserve.
Source: Orlando Sentinel, "Hope wanes for major assisted-living reforms in Florida," Kate Santich, Mar. 3, 2012
]]>The family had originally won a $31 million negligence suit against the health system because of negligence on the part of the hospital staff during the labor and delivery of the boy. Their suit alleged that because of the hospital's mistakes, the boy now has cerebral palsy and needs 24-7 care.
]]> Because the Lee Memorial Health system is a governmental entity, they are protected by a state law that caps damages against it to $200,000, and any claims above that amount must win legislative approval. The family has been waiting five years for the legislature to review the case and award the judgment money.Legislators feel that the $10 million is a good compromise. The family will be paid over a 10-year period and attorney fees are capped at $100,000. Also, the legislators felt that a $30 million payout would have resulted in deep cuts into the health system's budget, compromising its ability to deliver services and care for the needs of the public. Many legislators feel that these types of decisions are a balancing act and always difficult to make both sides happy.
The attorneys for the family are disappointed in the ruling and feel that while the $10 million will go a long way to help care for the child, they worry about what will happen when his mother, the boy's primary care giver, is no longer around to care for him.
The compensation will be paid into an annuity and the family will receive monthly payments that will meet the child's health care and other needs.
Source: Newspress.com, "Bill lowers award in Lee Memorial Health System negligence suit," Frank Gluck, Feb. 24, 2012
]]>A Florida nurse is facing neglect, abuse and fraud charges after she gave an anti-psychotic drug to a disabled patient instead of his prescribed medication.
]]> An investigation by the Florida Attorney General's Medicare Control Fraud Unit found that the nurse, 55, withheld pain medication from the patient. The patient told investigators that he suffered stomach pain and developed a large blister on his scalp after taking the medication. Lab analysis determined that one of the pills that the patient had taken was an anti-psychotic medication.While all nursing homes promise to take care of our loved ones, there are cases like this where a staff member provides substandard care of a patient. Florida nursing homes are required to observe state laws, federal guidelines and industry standards to provide care, supervision and treatment of people who may be vulnerable.
If you believe that your loved one has experienced negligence, abuse or mistreatment, at their nursing home, you should contact an attorney that specializes in nursing home abuse. They understand your feelings of betrayal and will work for you to obtain the results that you and your loved one deserve.
The nurse in this case was arrested and charged with neglect of a disabled adult, abuse of a disabled adult and acquiring or obtaining possession of a controlled substance by misrepresentation, fraud, forgery deception or subterfuge.
Source: The Daytona Beach News-Journal, "Nurse accused of switching Daytona patient's drug," Feb. 13, 2012
]]>The 20-year-old woman was set to give birth to a baby boy in February 2006. She came into the hospital suffering from preeclampsia, a serious condition that sometimes develops during pregnancy, only to die several days later from complications related to severe bleeding. Her family is suing for medical malpractice six years after the fact and the case is now becoming a landmark legal fight in Florida's medical malpractice system.
]]> At issue with this case is challenging the economic damages that are awarded in malpractice cases. For this family, a federal judge had agreed with the family that the victim did not receive proper care and that the survivors should receive $2 million in non-economic damages, but because state law limits these types of damages, the award was reduced to $1 million.Many feel that the caps imposed for medical malpractice lawsuits are unconstitutional. In 2003, the governor along with doctors, hospitals and insurers pushed for major changes in the malpractice system, including a $250,000 limit on non-economic damages. This group felt that medical malpractice suits were causing insurance costs to increase, doctors to practice elsewhere or to stop providing high-risk services. The ongoing negotiations at this time ended with a compromised bill that included limits of $500,000 or $1 million depending on the circumstances of the case and the number of people involved.
Now this case is being carefully watched by everyone because it could set a precedent for future medical malpractice cases. Both sides have valid arguments on the issue and the decision in this case will impact the health care delivery system in Florida.
Source: Orlando Sentinel, "Court case tests state's cap on med-mal damages," Jim Saunders, Feb. 8, 2012
]]>The woman's son can't walk or talk because of injuries suffered during his birth at Lee Memorial's HealthPark Hospital. The child needs 24-7 care because he is a spastic quadriplegic and is bound to a wheelchair and is only able to communicate through a computer.
]]> The mother feels like a lot has been taken from her and her son and was happy when the jury found the hospital negligent and awarded her the judgment. That was five years ago and they are still waiting for their judgment money.The hospital has refused to pay the judgment and doesn't have to unless Tallahassee lawmakers order them to pay it. The family finds it hard to understand how this can be happening to them when they won the jury trial and are hoping that their politicians sign off on it. Sponsors of the bill, named Aaron's Claims Bill, are hoping to pass it this session. They feel it should pass since no taxpayer money would be used to pay the settlement.
The consequences of this medical malpractice case are tragic. As a patient you need to pursue answers and consult with an experienced personal injury attorney if you feel that you have received substandard medical care. The attorney can help you figure out if you have a case and develop a plan that fits your situation and benefits you the most.
For this family, if the bill doesn't pass this year, the mother will continue her fight and try again next year.
Source: NBC-2.com, "Fight of boy's life now in lawmaker's hands," Karla Ray, Feb. 6, 2012
]]>