Mobile Personal Injury Lawyer

New Website to Help Families Learn About Nursing Homes

Billy Cunningham — Sat, 14 Nov 2009 08:40:00 GMT

The National Citizens for Nursing Home Reform (http://www.nccnhr.org/ ), a consumer advocacy group for nursing home residents and caregivers in nursing, homes, announced that the Brown University Center for Gerontology and Healthcare Research has introduced a website designed for nursing home researchers that provides data on nursing home care in the US. The website states that its goal is to allow researchers to trace relationships between state policies, local market forces and the quality of long-term care and enable policymakers to craft state and local guidelines that promote high-quality, cost-effective, equitable care for older Americans. NCCNHR believes the site will also be enthusiastically received by many consumer advocates looking for detailed data and more sophisticated comparison tools than provided on other website such as Nursing Home Compare.

The interactive database, www.LTCfocUS.org, incorporates information from a number of government sources-Medicare reimbursement claims, OSCAR (CMS's Online Survey, Certification and Reporting system), the MDS (Minimum Data Set), and Brown's own survey of state Medicaid policies Users can interact with the website by creating interactive maps and tables with comparative information about states, counties, or individual nursing homes. All data provided on the website are also available to download.

The website provides the type information that users can employ to choose up to five variables. It allows the user to create a chart comparing all nursing homes in a state. The broad range of variables from which to choose includes number of beds; for-profit and chain status; percent of Medicare and Medicaid beds; Alzheimer's units; occupancy rates; age ranges, gender and race of residents; direct care staffing (RN, LPN, CNA); acuity of care; certain MDS quality measures; source of admissions (hospital or home); and 30-day rehospitalization rates (a potential indicator of quality not found on Nursing Home Compare).

The website is sponsored by the National Institute on Aging-funded Shaping Long-Term Care in America project housed at the Brown center. While its stated purposes are to "allow researchers to trace clear relationships between state policies and local market forces and the quality of long-term care" and to allow policymakers "to craft state and local guidelines that promote high-quality, cost-effective, equitable care to older Americans," NCCNHR recommends that consumer go to this site to perform their researches about nursing homes in their areas before placing a loved one there. The more you can know about your options for placing loved one in a nursing home , the better equipped you'sll be to help prevent any nursing home negligence or abuse.

Originally posted at InjuryBoard by Billy Cunningham

Burn Safely This Fall

Pete Mackey — Mon, 09 Nov 2009 11:17:04 GMT

Fire is an alluring medium. Kids love it - so do adults. Watching kindling slowly take flame is like watching magic. The Fall means leaf and trash burning in back yards all across the country.

While everyone knows to watch kids around fire, there's a hidden danger that many folks are unaware of - chances are the gas can in your garage does not have a flame arrester installed in the spout. A flame arrester is a small ball or pane of wire mesh material that fits in the spout of the gas can. It lets the fuel flow out, but lowers the temperature below the flash point for the vapors in the can, which prevents explosions.. These arresters cost less than a dollar to install.

Still, you ask, why would anyone put themselves in that situation in the first place? Well, consider the following scenario and see if it rings any bells. You have been working around the yard all day. The weather is crisp and cool and dusk approaches. You had been burning leaves and tree limbs, but the fire went out an hour ago. Your son wants to start a fire and the idea of the warmth it will provide sounds good to you. So you decide to pour some gas on the pile, not realizing that there are still some smoldering embers ... That is the recipe for an explosion.

A few tips to remember:

- When you buy a gas can, buy one with an installed flame arrester.
- Never use gasoline as an accellerant. There are many safer alternatives.
- Make sure that your burn area is clear (overhead, as well) of flammable debris.
- Use an enclosed space (like a 55 gallon drum) instead of a pile. Cover the top of the space with a heavy mesh cover to keep sparks in.
- Don't burn on windy days.
- Keep the water hose handy.
- Never burn aerosol cans.
- If children have access to the burn area (and they probably will), make sure that they understand the danger present and then assume that they will not follow your instructions.

Originally posted at InjuryBoard by Pete Mackey

Disaster Preparation - From An Attorney's Perspective

Pete Mackey — Sun, 08 Nov 2009 20:40:53 GMT

Everyone on the Gulf coast today is watching the news or accessing their favorite weather site. Fortunately, this storm will be passing over cool water before it hits land and thus will lose a good bit of its force. That said, everyone who has been through a storm before knows that strange things can happen. We all know what to do to prepare for a hurricane - fill up cars and gas cans, make sure that everything in your yard that could become airborne is put inside, board windows, get out the candles, batteries and flashlights, get some cash from the ATM, etc. We have all done this many times before.

Unfortunately, the steps listed above are generally those to which we devote the bulk of our energy. There are other things that, though equally or more important, are usually ignored. One reason preparing for a worst case disaster means facing issues that we don't want to face.

Get over it, just like you did when you had your first will prepared (and if you haven't done that, get over that first). Understand that you are taking steps that might help your family if the worst happens. Consider doing the following:

1) Make sure that all of your important papers (wills, insurance policies and banking records) are in your safety deposit box. Don't have one? Head to your bank and get one. They provide good bang for the buck.

2) Keep your medical insurance documents - policies, plan descriptions and cards - with the family member who is most likely to be dealing with your providers.

3) If anyone in your family is taking prescription medications, make sure that your stocks aren't low.

4) Make sure that people important to you know where the documents in 1) above are and come up with a communication plan in the event that power is lost (and it will be). Also, make sure that those same people know where you are going to be.

5) Develop an action plan for your pets.

6) Most importantly (probably should be #1), get out of the affected area if there is any doubt about the severity of the storm. Much better safe than sorry.

Originally posted at InjuryBoard by Pete Mackey

Caps on Damages Make No Sense

Billy Cunningham — Sat, 07 Nov 2009 11:14:08 GMT

The Republican proposal on health care reform has provisions to limit compensation for non-economic injuries to persons injured or killed as the result of medical malpractice including residents of nursing home who are neglected or abused. Most of my practice over the past 23 years of my 35 year career has been representing nursing home residents. I began thinking of how I would tell clients and/or their families that nursing home neglect and abuse was included in the medical negligence bill proposed. How do I explain that injuries to the elderly, vulnerable members of our society are limited? Here are people who cannot protect themselves, who rely on nursing homes for their safety and well being, and to provide a quality of life that Congress knows what the limit of those injuries are? I thought of all the cases that I have handled involving injuries in nursing homes. The following are actual examples of victims of nursing home neglect and abuse that under the standard proposed by the Republicans would be limited in any award against the nursing home that caused the injuries or death the award.

Mr. A. who had a grapefruit sized vaginal malignant tumor that the nursing home never knew about- death case.

Mr. B. , an Alzheimer patient in a ‘special unit’ who despite no other physical diseases developed multiple state 4 pressure sores, contractures and severe weight loss – death case.

Mr. C., a smoker, who was strapped in a wheelchair and unwatched burned to death when a lighter caught his clothing on fire.

Mrs. D who was overdosed with psychotropic medications to keep her quiet and while trying to escape the torture fell in a bush and lost an eye. After this incident she was moved to a nursing home that properly cared for and weaned her off the psychotropic medications. She was discharged and the last I heard was playing the slot machines in Biloxi. Personal injury case.

Mr. E. who was beaten to death by another nursing home resident who had previously beaten other resident. No precaution was taken to protect any of these residents.

Mr. F. who was demented and known to have a desire to leave the facility and fell from an open window. death case

Mr. G. who went in a nursing home for a 21 days rehabilitation after hip surgery and developed a pressure sore so big on his leg that the leg had to be amputated- personal injury case.

When you look at the data which shows that medical malpractice is a very miniscule part of the cost of health care, you have to ask yourself whether proposed limits are fnecessary for health care reform or fair to the victims.

Originally posted at InjuryBoard by Billy Cunningham

Why Can't I Recover Everything I Lost?

Pete Mackey — Tue, 03 Nov 2009 19:09:27 GMT

I settled a case recently right before jury selection. It was a legal malpractice case. My client had lost a good bit of money because the lawyer representing him in a real estate transaction did not read the rules closely enough. I spoke with my client today and he asked a very reasonable question - why is it that I end up with less than a whole loaf when I did not do anything wrong? After I pay your fee and expenses, he said, my recovery is less than what this whole ordeal cost me.

Though I agreed with his math, I reminded him of our conversations early on about the damages that he could recover. The lawyer here did not try to cheat him, he just didn't give the matter the proper attention it deserved. As such, punitive damages would not be available. Moreover, he could not recover emotional distress damages, even though he clearly went through a lot. In Alabama, if you haven't suffered a physical injury, emotional distress damages are not available for negligent acts unless you can show that you were exposed to the threat of bodily harm - in the "zone of danger."

On top of all that, he could not recover the attorney's fees he had to pay me. That is because we follow the "American Rule" in the United States. Each side pays their own lawyer unless there is a contract that provides that the winner recovers such fees or there is a law that does the same thing (as in Federal discrimination cases). While this can result in an anomaly like this, there is a good reason for the rule. If lawyers knew that the loser would have to pay the other side's attorney's fees, it would close the courthouse doors to a lot of folks where the prospect of paying fees to the other side would chase off lawyers from getting involved. It is a lot like democracy - it's not great, but it's better than every other system out there.

Originally posted at InjuryBoard by Pete Mackey

Get Off the Phone

Gaines Drago — Tue, 03 Nov 2009 16:55:28 GMT

Every year, well really every month for that matter, our cell phones appear to be able to perform more and more functions. They truly have become computers in the palm of our hand connecting us to anyone at anytime. Unfortunately, their distracting nature is causing tragic accidents on our road ways.

I was in Orlando, Florida, last weekend visiting a friend, and venturing out to the wonderful world of Disney. I had not been a passenger in a vehicle in a long time so I decided to watch the number of drivers who were texting not talking, and to my amazement I counted nearly one hundred. This is completely crazy to me. In order to text unless you are thirteen and just have a supernatural ability to type on your phone without looking texting requires you to lower your eyes and view the screen, thereby taking your eyes off the road. This was extremely alarming considering we were blazing down the Interstate 4 at speeds of at least 70 mph.

I know that since the radio was placed in the car people have been shouting about the dangers of distracting the driver and very little headway has been made. But texting is simply too much. Unfortunately, we usually wait until something happens that affects our own lives to initiate change, but in this case I urge you to impress upon your State legislators to pass legislation that outlaws the use of cell phones while driving. There is simply no need for such a distracting practice to be allowed. So please put the phone away when you are on the road ways.

Originally posted at InjuryBoard by Gaines Drago

Qui Tam and Health Care Savings

Pete Burns — Mon, 02 Nov 2009 09:35:04 GMT

A south Texas hospital agreed to pay $27.5 million to settle a qui tam suit. San Antonio Express-News (10/31, Brezovsky). The whistleblower got $5.5 million for his trouble and the taxpayers got the rest!

Patients are a source of profit for hospitals. Consequently, hospitals have an incentive to encourage doctors to send their patients to them. It is illegal for a hospital to pay a doctor – directly or indirectly – for sending patients to their hospital. Whistleblowers who report hospitals for “paying for referrals” stand to help themselves while saving substantial taxpayer dollars. The illegal payments are frequently hidden as compensation for other services or passed on as reduced rent or other perks. This is an opportunity for reducing the cost of health care without penalizing the victim of medical malpractice.

Reigning in this type of situation will help reduce health care costs without sacrificing the quality of health care or the rights of patients.

Originally posted at InjuryBoard by Pete Burns

Contact You Congressman to Pass the Fairness in Nursing Home Arbitration Act

Billy Cunningham — Sat, 31 Oct 2009 10:53:09 GMT

Last January I wrote a blog on the Fairness in Nursing Home Arbitration Act (then Senate Bill . 2838 and now Senate Bill 512) The last report from Congress is that the bill was referred to committee in July. I said then that we all need to keep an eye out for the bill and write our Senators. With Congress in the midst of debating and considering the health package now is a good time to ask them to pass this bill to protect our elderly.

The bill would amend the Federal Arbitration Act (FAA) to invalidate mandatory binding arbitration contracts that are unfair to the elderly because they take away their right to be heard in a court of law and increase their vulnerability to neglect and abuse in a care facility.

The bill does not prohibit arbitration. Rather, it would ensure that the resident or his or her representative could voluntarily choose arbitration after a dispute arose. If arbitration is truly fair and efficient, as some have argued, then both sides should be able to voluntarily choose arbitration after - not before - a dispute arises.

I have seen nursing home corporations insert forced arbitration clauses in their contracts and have them signed by residents who have dementia, by family members who are told they have to sign the whole agreement or their loved one will not be admitted and by the nursing homes own employees who forge signatures. Why do the nursing homes want arbitration so badly? Because it means they will never be held publicly accountable for their actions, no matter how egregious their conduct. Then when a decision is made by most likely a hand-picked arbitrator, the patient is denied the opportunity for judicial review.

On the other hand, if allowed to utilize the court system, society benefits from an open legal process that exposes nursing homne neglect and abuse. One of the most important benefits of civil lawsuits is the discovery process, which often discloses shoddy corporate practices, such as staff reductions, that lead to neglect. Forced arbitration, on the other hand, restricts residents’ ability to get information and keeps abusive business practices hidden.

So again I urge you to contact your representatives in Congress and let’s get this bill passed!

Originally posted at InjuryBoard by Billy Cunningham

The Consumer's Role in the Nursing Home/Healthcare Reform Battle

Billy Cunningham — Sat, 24 Oct 2009 12:10:28 GMT

Health care reform is the big issue today- as it should be. But how will it affect our elderly in nursing homes? Nursing home owners say they are looking at $16 billion dollars in cuts from Medicare over the next 10 years. Is that so? The Washington, DC-based Center for Medicare Advocacy (http://www.medicareadvocacy.org/ ) reviews reports from the Government Accountability Office (GAO) and the Medicare Payment Advisory Commission (MedPAC) and advises that those reports show that Medicare overpays nursing homes billions of dollars a year. MedPAC found that the aggregate profit margins for freestanding nursing facilities exceeded 10 percent for seven years in a row. In 2007, their profit margin was 14.5 percent. Moreover, they didn’t add staff. So the Center for Medicare Advocacy believes that the nursing home operators are pocketing much of the profits, rather than reinvesting them. The reports also cannot account for money paid out to associated groups who own the property, manage the facility etc.

We read every day about Congress wrestling with health care reform. Hand in hand with Congress are the groups we refer to as lobbyist- there to make sure their particular industry is protected. One of those groups, of course, is the nursing home industry, which claims it is facing a $16 billion cut in direct support from Medicare over the next 10 years, as well as Medicaid cuts in many states.

The nursing home operators warn that further cutbacks in Medicare-which are part of the reform legislation– will drive many facilities out of business. Some homes are laying off employees now, and a few have recently closed. We are also seeing the nursing home reduce Registered Nurses with Licensed Practical Nurses in many areas. Meanwhile, the need for these institutions is increasing. As the number of people going into nursing homes increases so does the level of nursing care.

Are the nursing home owners trying to defeat healthcare reform because Medicare benefits reduction will affect care .or their bottom line? Is the advocacy center right that profits are really higher than reported? Nursing home owners have been known to put their own profits before people. There are cuts in Medicaid. We should all be concerned about the care our elderly will receive.

Knowing what is going on in your local nursing homes is probably the best each of us can do on an individual level. Check them out carefully before placing your loved one in a nursing home. The earlier you know what to look for to prevent nursing home neglect or abuse, the better for your loved one. Here are some cites that will give you information about getting good care: the National Coalition for Nursing Home Reform http://www.nccnhr.org/ , a governmental agency, the National Center Elder Abuse Http://ncea.aoa.gov , and Medicare web site http://www.medicare.gov/nursing/overview.asp.

There are warning signs that nursing home abuse or neglect may have occurred. It is not uncommon to hear reports of various forms of violence and irresponsible, inhumane treatment being inflicted upon residents, including: physical assault and battery ; sexual assault and battery; rape; deprivation of food and water; unreasonable or unwarranted physical or chemical restraint; withholding of needed medication ; overmedicating; suspicious injuries; appearance of untreated wounds, cuts, bruises, welts; reports by residents of being slapped, struck, pushed, shaken, beaten or likewise mistreated; improper confinement; serious injuries requiring emergency treatment or hospitalization; and incidents that result in broken bones, especially a fractured hip.

Originally posted at InjuryBoard by Billy Cunningham

Safe Sidewalks

Gaines Drago — Wed, 21 Oct 2009 10:23:56 GMT

8 Schools in the Mobile, Alabama, area are finally getting safe sidewalks around their campuses. The cost of this federally funded project was just over one million dollars. While the percentage of students who walk or ride their bike to school has dropped from nearly half to 15% this is a very positive step towards improving the health, and safety of our children. American children are far more obese than they were forty years ago. They get very little exercise at school and certainly very little once they return, so if they are able to ride their bike or walk to school this thirty minutes of exercise could make all the difference in the world. In addition, broken sidewalks can lead to injury and just look unsightly. It is a little step, but one in the right direction.

Originally posted at InjuryBoard by Gaines Drago