Recent Blog Posts

Jury Rules Hospital is Responsible for Newborn's Brain Injury

Scott Distasio — Wed, 16 May 2012 20:45:00 GMT

In August of 2008, Victoria Upsey went to the hospital to deliver her baby. On her arrival, hospital staff at Pottstown Memorial Medical Center noticed signs of complications, indicating the baby was not receiving enough oxygen. According to the Philadelphia Inquirer, when a doctor performed an ultrasound and did not detect a heartbeat, he concluded that the baby had already died. Other hospital staff performed another ultrasound later, finding a fetal heartbeat. Upsey was rushed to the operating room for an emergency cesarean section. Her son was born with cerebral palsy.

Cerebral palsy (CP) is a general term that refers to motor conditions that cause physical disability. Its common causes include birth trauma that leads to a lack of oxygen reaching the brain. The lack of oxygen causes a brain injury that damages the motor control centers. A person with CP will often require special medical care and may be wheelchair bound. After his birth, Upsey contacted a medical malpractice lawyer about her case.

The medical malpractice attorney argued that the 81-minute delay between the time Upsey arrived at the hospital and the surgery caused the baby's condition to deteriorate, resulting in the catastrophic injury that caused his CP. A jury decided the hospital's diagnostic procedures were the cause of the delay. Upsey was awarded 78.5 million dollars to help pay for the continuing medical care of her son.

National Nursing Home Week 2012

Scott Distasio — Sun, 13 May 2012 21:10:00 GMT

National Nursing Home Week begins today, May 13 and runs through May 19. The week is meant to honor those who “contribute” to nursing homes across the country, including staff, residents, families, and volunteers. This year, the theme is “Celebrating the Journey,” which “reminds us that every life should be honored, every life's story needs to be told and that every day we have the chance to begin writing a new chapter.”

Established in 1967 by the American Health Care Association, the week is spent recognizing the importance of nursing homes. Each year it begins on Mother's Day. Facilities across the country will hold special events for both community members and residents to commemorate their individual journeys.

Increased community awareness and involvement may help to end nursing home abuse in America.

Without School Intervention Bully's Victim Ends Up Paralyzed

Scott Distasio — Tue, 08 May 2012 20:24:00 GMT

When Sawyer Rosenstein was in middle school, he was bullied on a daily basis. Rather than hide it, ignore it, or fight back like many children, Rosenstein informed the principal and his guidance counselor, MSNBC reports. Then in May 2006, the bully punched him in the back, sending him to his knees. Two days later Rosenstein fell while at home, unable to stand. His parents rushed him to the emergency room where they learned the bully's punch had caused a blood clot to form in an artery in his abdomen. The clot moved down his spine and burst, leaving him paralyzed. As a direct result, in the last six years Rosenstein has undergone 19 surgeries and a spinal fusion. He has almost died on several occasions.

In 2009, three years after Rosenstein was paralyzed, his families' injury lawyers filed personal injury lawsuitsagainst the school board, various school administrators, the bully, and other unnamed individuals. The case alleges the school failed to protect Rosenstein against a bully with known violent tendencies. A settlement was reached with the bully in 2010.

The Ramsey Board of Education released a statement at the end of March 2012 announcing its insurance carriers agreed to settle after three years of depositions and pre-trial discovery. The board denies allegations that it or its employees had “failed or compromised its responsibility to develop and to implement effective policies and procedures to protect the safety and rights of the school community.” In reality, schools have a basic obligation to ensure the safety of all students that attend. A student was catastrophically injured while at school, indicating something went wrong.

Recalled Products Can Lead to Serious Injury

Scott Distasio — Tue, 01 May 2012 16:32:00 GMT

Companies have a responsibility to manufacture products that are whole and will not harm customers if used properly. Still, recalls of defective products occur on almost a daily basis. These recalls may be because of food contamination or manufacturing defects. They may occur before a product has had the chance to cause harm, but all too often they are a result of injuries or deaths.

CBS News alone has reported eight separate product recalls from various companies just this week. These products range from sippy cups to apparel to recreational vehicles and most of the products have no associated reported injuries. But the potential for harm is present in each case, prompting companies to withdraw them from the market and institute the recalls.

Target has recalled sippy cups with bunny shaped tops due to potential injury. Six incidents have been reported of a child poking himself in the eye with the bunny's ear while drinking. Three of those children were cut or bruised during use. Approximately 264,000 were sold between February 2012 and April 5, 2012. For more information on this recall, call Target at (800) 440-0680.

All-in-one desktop computers have been recalled by Lenovo. The ThinkCentre M70z and M90z have the potential to catch fire and did on two reported occasions. No injuries were reported as a result of the fires. 50,500 computers were previously recalled in March 2012 for similar reasons. More information is available by calling (855) 248-2194.

Both Puma and Me Jane have issued recalls for youth jackets that pose a risk of entanglement due to their drawstrings. No injuries or problems have been reported, but more information is available by contacting Puma at productissue@puma.com or Me Jane at complaints@louiseparis.com.

Whoozit Starry Time Rattles were sold from Sept. 2011 through March 2012. The rattles have the potential to break, releasing small parts and presenting a choking hazard. After two rattles were broken, Manhattan Toys issued the recall of approximately 3,150 rattles sold in the US and Canada. More information is available at www.manhattantoy.com

Gerber Gear is recalling clip knives that have the potential to fold during use, cutting the user. While no cuts have been reported, 3,000 Gerber Instant Knives with black handles sold between February and March 2012 have been called back. Gerber Legendary Blades has more information at (877) 314-9130.

Teryx recreational off-highway vehicles sold from Aug. 2011 through March 2012 have been recalled as they are mislabeled. Teryx 750 FI 4x4, Teryx 750 FI 4x4 LE, Teryx 750 FI 750 4x4 LE SGE and Teryx 750 FI 4x4 Sport all list a higher occupant capacity than is actually safe. For more information call Kawasaki at (800) 954-7228.

Finally, Gems Sensors has issued a recall of commercial fire sprinkler parts. The defective part could cause the sprinkler to malfunction in the event of a fire. For more information, visit their website gemssensors.com

Threat of Malpractice Lawsuits Not The Real Reason for Rising Health Care Costs

Scott Distasio — Fri, 27 Apr 2012 20:21:00 GMT

At the recent medical conference “Avoiding Avoidable Care” held in Cambridge, MA, one panel seemed incongruous with commonly held beliefs about rising medical costs. During the panel, speakers and audience members seemed to agree that medical malpractice is not the main reason for the increasing cost of medical care.

It is often argued that doctors who resort to defensive medicine, the practice of ordering unnecessary tests and procedures in order to avoid potential lawsuits, is one of the main reasons why health insurance and medical care is so expensive. Boston.com reports that economist Amitabh Chandra presented facts about the real breakdown in medical care costs. The US averages $46 billion a year on defensive medicine and “reducing the threat of litigation.” However, this only accounts for 1.8 percent of the $2.5 trillion spent annually on heath care. When discussing the idea of overhauling the American malpractice system he said, “it's not clear to me that this is really going to be the thing that changes the cost curve.”

Professor of emergency medicine at both the University of California, Los Angeles and the University of Southern California, Dr. Jerome Hoffman, agreed. He argued that while the threat of a medical malpractice lawsuit has increased over the years during which he has been practicing, doctors behaviors have remained unchanged. It is not the fear of a lawsuit that drives physicians to perform defensive medicine, but a cultural fear of being blamed for something that goes wrong.

Dr. Rita Redberg, a cardiologist and professor for the University of California, San Francisco and the editor of the Archives of Internal Medicine, went so far as to call the medical malpractice issue a smoke screen used to cover up the real concerns. She argued, “doctors must tackle cultural norms that hold that it is better for someone to die as a result of a doctor doing something than to die from not doing something.”

Infant's Finger Cut Off By Nurse In Hospital Accident

Scott Distasio — Tue, 24 Apr 2012 20:15:00 GMT

Last October, Veronica Olguin took her three month old daughter Selena to the Heart of Florida Regional Medical Center for a high fever and bronchitis. The baby was admitted and spent three days being treated. In order to discharge Selena, a nurse, Emily Anna Stutz, had to remove her IV. The tube was held on the baby's hand with a bandage. Stutz went to cut the tube off while Selena sat in her mother's lap.

During the procedure, the tip of the baby's pinky was accidentally severed. The Huffington Post reports blood was everywhere and Veronica could do little more than scream in panic, “Her finger! Her finger!” At the same time, the nurse also reportedly panicked and called in doctors to assess the situation and treat the baby. Selena was rushed to Tampa General Hospital where surgeons were to attempt to re-attach her finger. However, because her nerve endings are so small, the hand specialist was unable to reconnect the tip of her finger.

Since the accident, Olguin has retained a personal injury attorney to file a medical malpractice lawsuit against the nurse for improperly using the scissors and against the hospital for failing to satisfactorily train its employees. Selena is also seeing a specialist to determine how this serious injury will impact her life. Olguin is trying to ensure her daughter's physical and emotional scars are minimized.

The medical malpractice lawyer stated they are seeking legal recourse as the hospital has failed to communicate over the last few months. An attorney for the hospital has stated the hospital attempted to “resolve the issue but the family rejected their offer.”

New Report Indicates Tort Reform Would Do Almost Nothing to Reduce Healthcare Costs

Scott Distasio — Wed, 28 Mar 2012 04:26:00 GMT

Healthcare is expensive, as is medical insurance. Experts have examined the origins of these costs and come up with numerous suggestions for how to reduce them. Tort Reformisone of the most controversial of the proposed solutions. Tort reform is a broad based term used to define any effort to limit the public’s right to pursue personal injury lawsuits. Although the term covers all types of personal injury cases, the most popular proposals often involve limits to the amount that can be awarded to an injured party in the case of malpracticeor medical negligence. Those who support it claim that by capping damages in medical malpractice cases, physicians would not have to pay such high malpractice insurance premiums and would be less likely to perform “unnecessary” tests to avoid making mistakes, reducing healthcare costs.

A new report issued by the Center for Progressive Reform examines the real origins of high health care costs in order to determine whether or not medical tort reform would actually save money. According to Healthcare Finance News, the report found that medical malpractice insurance and payments to injured patients only amounts to 0.3 percent of annual healthcare costs.

The authors claim that insurance companies place the blame for high healthcare costs on “defensive medicine,” which is the practice wherein doctors perform an overabundance of tests that may not be necessary to ensure nothing is overlooked or misdiagnosed. Insurance companies are some of the biggest proponents of tort reform and claim that limits on damages would reduce the need for defensive medicine. The authors continue by contending rising healthcare costs actually result from an aging population, rising costs of prescription drugs, an increase in chronic conditions, and the high demand for state-of-the-art technology.

Co-author Sidney Shapiro says, “Tort reform proposals aren't about reducing the cost of healthcare. They're about increasing insurance companies' profits.” Instead of focusing on tort reform, which can further injure patients, the focus should be on lowering the amount of medical errors each year. A reported 98,000 deaths are caused each year by preventable medical errors, which cost between 17 and 29 billion dollars annually.

Are Heart Monitors Sometimes More Trouble Than They Are Worth?

Scott Distasio — Tue, 20 Mar 2012 00:00:00 GMT

In many hospitals, a large number of patients wear cardiac monitors. Hospital officials argue this practice allows patients with more critical ailments to be treated on “regular” floors, which speeds up the admitting process and reduces strains on emergency rooms. Furthermore, many take the “better safe than sorry” position and believe the mere use of heart monitors will reduce the risk of medical malpractice accusations.

According to Boston.com, some nurses and other experts have come out with concerns about the abundance of cardiac monitors, arguing they may actually put patients in more danger. With more patients wearing these monitors, more alarms sound more frequently. This can desensitize nursing staff to the alarms, leading them to tune out the noise instead of investigating the cause. Ignoring the alarms can lead to further complications for patients and could potentially lead to patient death.

A study done by the National Institutes of Health found that about a quarter of hospital patients wearing heart monitors did not meet criteria for the alarms. Hospitals frequently turn to heart monitors in an effort to prevent medical errors that could lead to medical malpractice lawsuits. However, in some cases monitors replaced patient evaluations which could uncover rarer problems with hidden symptoms. This ultimately puts patients in more danger.

Heart monitors are useful tools when used properly. But they should not replace traditional medicine.

Hospital Errors Often Go Unreported By Staff

Scott Distasio — Fri, 16 Mar 2012 20:45:00 GMT

A new report by the US Department of Health and Human Services found that more than 80 percent of hospital errors are unreported by staff. According to ABC News, the report is based on Medicare data. Hospitals are required to document all medical mistakes made in order for Medicare reimbursement but, hospital record keeping is not well regulated.

The Department of Health and Human Services examined reports of 300 “adverse patient events” where patients suffered harm in the hospital. Experts then traced them back to see if the hospital reported the medical error internally. In 61 percent of cases, hospital staff did not even perceive the incidents as mistakes. 25 percent of the cases were errors that are typically reported but somehow were not noted in these particular cases.

The investigation also revealed that cases where hospital errorswere reported rarely lead to a policy change. Instead of learning from mistakes and working to prevent them from recurring, hospitals most often judged medical mistakesto be one-time issues that do not reveal “systemic quality problems.” The most common errors that go unreported include giving a patient the wrong medication, severe bedsores, hospital-based infections, and even patient death.

As a result, the Center for Medicare Services is developing a list of incidents that must be reported as errors. This list will be distributed to all hospitals who receive Medicare funding. Officials from the Department of Health and Human Services have stated that educating hospital staff about what constitutes a mistake will help them to learn how to prevent the errors from ever occurring.

Beauty Treatments at Florida Spas Should be Subject to Existing Plastic Surgery Regulations

Scott Distasio — Mon, 12 Mar 2012 21:44:00 GMT

Across the US, fewer than half of states require doctors who perform cosmetic surgeryin their offices to have their office licensed or accredited. According to USA Today this means in an emergency these offices may not have the necessary equipment or medication to save lives. Furthermore, these locations are not required to adhere to standards in anesthesia, cleanliness, or record keeping and are not inspected.

Florida is one of the few states that does require plastic surgery doctors to follow safety regulations when performing surgery in-office. Yet patients are still dying because some clinics have found ways around the regulations. For example, some spas performing “non-invasive procedures” and other beauty treatments claim they are not subject to the cosmetic surgery malpractice laws and safety regulations. According to state senator Eleanor Sobel, these “facilities avoid safety protections and inspections by declining to offer anesthesia and instead using pills or injections.”

The Florida Senate's health regulation committee recently approved a bill that would change that. If made into law, beauty spas providing liposuction and other treatments would be required to follow the same safety standards as all other surgery locations. These regulations are designed to protect patients from cosmetic surgery malpractice and hopefully would reduce emergencies and patient death.

Deleting a Facebook Profile Leads to Sanctions in Virginia Lawsuit

Scott Distasio — Mon, 30 Jan 2012 16:07:00 GMT

Social media has become an integral part of today's society. In a recent blog I discussed how insurance companies are beginning to use social media against clients in the claims process. In another entry I have explained how posts on Facebook or Twitter could potentially hurt a case. The question about what to do with a client's social media sites is a tricky one. In some cases, personal injury lawyers suggest their clients suspend their profiles for the duration of the case. In others, the attorneys simply advise clients be careful and selective in their posts.

According to E-Lessons Learned, what one Virginia attorney instructed his client to do was ethically questionable and lead to disciplinary actions. Both the lawyer and his client faced fines after editing the contents of the client's Facebook account. In the case of Lester v. Allied Concrete Co., the defense sought screen prints of Lester's Facebook profile, photos he posted, and public messages he sent and received. After receiving the request, the attorney instructed Lester to edit the content on his profile. The attorney believed this was acceptable due to the way the request was phrased.

Lester subsequently deleted his Facebook account and denied doing so under oath on at least two occasions. Ultimately, the deception and further attempts to cover up the incident were discovered by the court. Though the trial was over, with Lester being awarded over 8 million dollars, the Court found that both Lester and his attorney had acted inappropriately. Lester was fined $180,000. The Court determined his lawyer owed $542,000.

Ultimately, deletion is not always the best answer. Before making any changes to your social media profiles, speak with your personal injury attorney. Perhaps the better solution is to think twice before posting anything that could be deemed questionable.

Third Build-A-Bear Recall in a Year Raises Defective Product Safety Questions

Scott Distasio — Tue, 24 Jan 2012 16:58:00 GMT

Build-A-Bear Workshop is a popular place for parents and their children to spend time together. But the company has issued three separate product recalls in the past twelve months, raising concerns about all product safety.

The US Consumer Product Safety Commission (CPSC) aided in spreading the word about the most recent recall of 300,000 “Colorful Hearts” teddy bears sold between April and December 2011. The Huffington Post states the recall is related to the choking danger posed by the bears' eyes, though no injuries have been reported. The issue was allegedly discovered during ongoing safety and quality inspections.

In August, 26,500 “Love Hugs Peace Lapel Pins” were recalled due to the use of excessive lead-based paint in their manufacture. Perhaps more disturbing is Build-A-Bear's $6000 fine for failing to report another safety issue, this one associated with toy beach chairs sold from 2001-2009. The chairs had the potential to pinch, cut, or even amputate fingers if the fingers were caught in the frame as the chair was folded. Ten injuries caused by these chairs were reported between July 2007 and January 2009. The company did not report the issue until March 2009, resulting in the penalty.

With so many recalled products in the past year, consumer advocates question the company's management and policies. Ed Mierzwinski of the National Association of State Public Interest Research Groups suggests, “they really need to review their management and their risk analysis to make sure they are in compliance with the law to protect children.”

Actress Brittany Murphy's Death Raises Questions About Toxic Mold

Scott Distasio — Mon, 16 Jan 2012 08:00:00 GMT

In late 2009, actress Brittany Murphy died from complications related to pneumonia. Five months later her husband, Simon Monjack, also died due to respiratory problems. After their deaths, the Los Angeles County Department of Public Health began an investigation of potential toxic mold growing in their home. Though the coroner reported no signs of mold related complications, the Huffington Post reports Murphy's mother is now convinced toxic mold was responsible.

Whether or not mold played a role in Murphy's death, it has been linked to many cases of illnesses and other deaths. Mold can aggravate allergies and cause fungal infections. Spores can also produce mycotoxins, which are dangerous chemicals. Living in a place that has a mold problem can put people at risk of asthma attacks, eye and nose irritations, bronchitis, other chronic respiratory problems, cancer, neurological problems, and even death.

If you are sick and suspect mold may be involved, first see a doctor and document any and all symptoms you are experiencing. A professional mold test should also be done to see whether or not mold is actually a problem. Contact a personal injury attorney to see what can be done about your toxic mold related claims.

Florida Winn-Dixie Stores Recall Bulk Gummy Bears Due to Potential Contamination

Scott Distasio — Sat, 14 Jan 2012 08:05:00 GMT

Winn-Dixies stores in some Florida cities have recalled Sunrise Gummy Bears sold in their self-serve bulk candy areas. The candy in question may be contaminated with metal. It was sold between November 14 and December 13.

According to a press release posted by the Food and Drug Administration, there have been no reported incidents of illness. The product is being recalled out of “an abundance of caution for consumer safety.” There are four Florida locations involved in the product recall: St. Johns Commons in Jacksonville, Concord Shopping Mall in Miami, Pepper Tree Plaza in Margate, Main Street Square in Fern Park. A fifth location in Louisiana is also affected.

Companies have a responsibility to provide consumers with safe products. In a product liabilitycase, a personal injury lawyer must prove that the product was somehow dangerous. While various metals are found in certain food products, consumers should have no reason to suspect metal would be in gummy bears.

Are Insurance Companies Using Your Social Media Activity Against You?

Scott Distasio — Mon, 09 Jan 2012 16:59:00 GMT

Insurance companies already consider what kind of car you drive, your driving history, your credit score, and your “insurance risk score” when determining how much your car insurance premiums will cost. According to Daily Finance, some companies are considering using your activity on social media sites like Facebook and Twitter as well. Data mining vendors are creating software to automate the process, but they already look at these sites for your likes, tweets, searches and other information.

For example, an insurance company may take note of a potential customer who likes the Facebook pages of local bars and lists interests like “partying.” The underwriters might decide this person is more likely to drive drunk and therefore might either raise the premium or deny coverage altogether. Social media sites are also used to verify information you submit to your insurance company.

Your social media activities might affect your claims process as well. If you report a claim for a back injury after being rear-ended but then post pictures of you dancing at your cousin's wedding, you may have more difficulty getting payment for your medical treatment. Even if your profile is set to private, your friends' profiles may not be, allowing data miners to find information they have posted about you. Furthermore, the insurance company may take information you post out of context to support their claims that your injuries are not as severe.

Before you post anything to any social media site, make sure you consider the potential consequences. Do not make claims that are untrue and do not pretend you are more injured than you are. Look at everything you are going to post before you do it with a critical eye. If you did not know you and saw that picture, what would you think was going on?