Lawyer Resources for Medical Malpractice

Most people would gladly take care of their elderly parents and other loved ones, however, the supervision and intensive care that these elderly patients need is sometimes more than untrained individuals can provide. The need for adequate care leads to many families across the country finding a facility that will provide the dedicated care that our family members need. Oftentimes this is an assisted living facility or nursing home.

Medical malpractice or simple mistake?

However, despite their best intentions and education, when caring for the elderly, these nursing homes sometimes make a mistake. Remember that humans operate these facilities, and humans sometimes make mistakes. However, sometimes these errors may result in serious injury or even prove fatal for the nursing home resident. If that happens, the patient him- or herself (in the event of an injury or mistreatment) or the relatives of the patient may be able to take the facility to court for nursing home malpractice.

It is important to remember that these cases are always serious and often tragic. These elderly patients are always vulnerable, sometimes confused, and often frail. Because most people entering into a nursing home facility do so because they are no longer able to care for themselves, an injury or careless action could exacerbate matters even further.

The duty of the nursing home

Under the law, a nursing home has the duty to provide adequate care for its residents. This needs to be in line with the standards of similar facilities. If the nursing home or long-term care facility fails to provide this level of care, they are now legally “negligent.”

For the majority of medical malpractice cases it is possible to prove the standard of care by bringing in expert witnesses. These expert witnesses are usually physicians who will testify what is deemed appropriate care and explain how a doctor violated that particular standard.

Fortunately, because government regulation determines the standards for nursing home care, it is far clearer to prove medical malpractice. Moreover, because the public has access to records of incidents that occur in nursing home facilities, it can make the investigation into medical malpractice for a nursing home a lot easier.

Types of nursing home malpractice

There are several different types of nursing home malpractice. The three most common include the following:

Inadequate care – Oftentimes nursing homes are understaffed or not properly staffed. As a result, patients do not receive the necessary care and may end up injured. This is certainly negligent and may constitute medical malpractice if the patient ends up becoming injured. Bedsores may occur if the nursing home staff fails to properly monitor the patient and occasionally turn them. Inadequate hygiene may lead to different types of infections. These examples qualify for medical malpractice.
Abuse – It does not matter if this is verbal, physical, emotional, or sexual abuse, any type of abuse incident should always be explored to the fullest. Oftentimes these incidents happen because of inadequate screening and supervision of staff.
Medical mistakes – Because many of the nursing homes are trying to save money and cut corners where they can, it is possible that staff members feel overworked when distributing medication. This may result in patients not receiving the dosage they need or receiving too much at once.

Remember that there is always a statute of limitations with medical malpractice claims. If you notice something that concerns you, it is important to speak out and make your voice heard. It is important to be aware of specific areas for concern, dehydration, losing weight, acting nervous around certain staff members, broken bones, bruises or sores, these may all be signs of negligence or abuse.

Never Event #3: Poorly Controlled Blood Sugar, Hyperglycemia & Hypoglycemia

October 13, 2008 | Nursing Home Law Center Staff

Medicare has determined that complications associated with poorly controlled blood sugar should be included on the ‘never list’ as they are so easily avoidable that the costs of the treatment should not be permitted to be submitted to CMS for reimbursement. In 2007, there were 14,929 reported cases of poorly controlled blood sugar amongst diabetics in hospitals.

Hyperglycemia

Hyperglycemia develops when there is too much sugar in the blood (glucose > 180mg/dl). Hyperglycemia may be caused by skipping insulin does, infection or illness. Prolonged hyperglycemia can result in infection, slow-healing cuts and sores, vision problems, nerve damage in arms and legs, chronic constipation and death.

Never Event #1: Hospital Falls & Trauma

October 11, 2008 | Nursing Home Law Center Staff

Falls in trauma top the list of preventable medical conditions in hospitals, accounting for 193,566 incidents in 2007. Falls in hospitals (and similarly in nursing homes) are deemed to be preventable by Medicare because with proper fall/risk assessments and staff assistance most falls in hospital could be avoided. A number of factors should be addressed by a hospital to determine if a person is at risk for falls:

Medication that may effect balance or coordination
Does the person normally use an assistive device like a walker or cane? If so, one should be provided by the facility at all times.

MRI Dangers: Pacemakers And Metallic Foreign Bodies

September 2, 2008 | Nursing Home Law Center Staff

A fall or an injury in a nursing home frequently means a referral for a magnetic resonance image (MRI) of the injured area. An MRI uses powerful magnets and radio waves to produce very clear images of the body that are more accurate than x-rays.

Not everyone is capable of undergoing an MRI. Because of the strong magnetic fields and electrical interference people with the following medical conditions should alert their physician or technician before undergoing any MRI procedure:

Heart pacemaker

Dangers With Blood Tranfusions

July 17, 2008 | Nursing Home Law Center Staff

The New York Times recently reported on the potential dangers with receiving a blood transfusion with blood drawn and screened by the Red Cross. The Red Cross supplies 43% of the nations blood and handles blood from the actual donor draw to the time the donated blood is used. FDA reports have documented problems with the screening of donors for possible exposure to diseases, failure to properly swab the arms of donors, failure to test for syphilis and failure to discard deficient blood.

There is no way to determine the full extent of the mistakes made by the Red Cross in the handling of blood. According to the FDA there are situations where the Red Cross has repeatedly failed to investigate its mistakes. Potential diseases transferred through blood transfusions are HIV and hepatitis.

Blood transfusions are very common. Each year, almost 5 million Americans need blood transfusions. This procedure is used for people of all ages. The most common need for a blood transfusion is for people who have lost their own blood during surgery. Some people who have serious injuries—such as from car wrecks, war, or natural disasters—need blood transfusions to replace blood lost during the injury.

Medical Malpractice And Nursing Homes

July 15, 2008 | Nursing Home Law Center Staff

Medical malpractice claims arise when people are injured by negligent or intentional acts of a licensed medical professional. Medical malpractice claims may involve a: doctor, nurse, psychiatrist, dentist, chiropractor, podiatrist, hospital, or other healthcare provider.

If a physician or hospital is determined to be legally responsible for causing an injuring to someone, the injured person may recover compensatory damages. Compensatory damages attempt to put an injured person back in the position he or she was in before being injured. Elements of damages may include: medical bills, loss of normal life, disability, disfigurement and pain and suffering.

Many nursing home residents receive medical treatment from physicians and medical facilities not affiliated with the nursing home in which they are a resident. If a nursing home resident is injured to to the acts of a physician or medical facility they may be required to bring a cause of action under the medical malpractice laws of the state where they live. Laws governing medical malpractice are significantly different from those regulating nursing homes.