Attorney Blog

Carolyn Lavecchia Recognized as One of the Top Medmal Lawyers

blog@www.virginia-elder-abuse-law.com (news Author)15725 — Thu, 24 Jun 2010 08:00:00 EST

Carolyn Lavecchia has been recognized by Virginia Super Lawyers 2010 as one of the top medical malpractice lawyers for plaintiffs in Virginia. Carolyn is one of 25 lawyers in Virginia receiving this honor and one of only seven lawyers in Richmond recognized by Virginia Super Lawyers 2010 for representing victims of medical malpractice. Carolyn was selected based on surveys of Virginia lawyers as well as independent research by the publisher. For 25 years, Carolyn has been representing victims of medical malpractice, abuse and neglect at nursing homes and assisted living facilities, and other wrongful conduct. Please click here for more information about Carolyn's background including links to some of Carolyn's notable court decisions and published articles.

Jury Awards $29.1 Million in Nursing Home Death

blog@www.virginia-elder-abuse-law.com (news Author)14739 — Fri, 14 May 2010 08:00:00 EST

A jury in Sacramento, California has found a nursing home liable for the death of a 79 year old patient. The jury decided that the nursing home should pay $1.1 million in compensatory damages and $28 million in punitive damages.

The jury determined that $28 million was an appropriate punishment after considering the financial status of the nursing home. Punitive damages are damages designed to punish a defendant for egregious conduct and to deter others from engaging in similar egregious conduct.

In most states, including Virginia, the jury may consider the financial status of the defendant to determine the amount of damages necessary to punish the defendant. The reason the defendant's financial status should be considered is that the jury needs to know how what it will take to have a meaningful effect on the defendant without bankrupting the company. For example one million dollars may be excessive for a company that has assets of only $1 million. Alternative, it would be a drop in the bucket to a billion dollar multi-national corporation.

Unfortunately in Virginia punitive damages may not have the intended effect because we have a cap of $350,000.

Unavoidable Pressure Ulcers

blog@www.virginia-elder-abuse-law.com (news Author)14310 — Tue, 27 Apr 2010 08:00:00 EST

A recent press release from the National Pressure Ulcer Advisory Panel (NPUAP) addresses under what circumstances a pressure ulcer should be described as unavoidable:

"Unavoidable - means that the individual developed a pressure ulcer even though the provider had evaluated the individual's clinical condition and pressure ulcer risk factors; defined and implemented interventions that are consistent with individual needs goals and recognized standards of practice; monitored and evaluated the impact of the interventions; and revised the approaches as appropriate."

The press release is not ground breaking. There are circumstances where a pressure ulcer may be unavoidable. For example a patient may be too unstable to turn and reposition, but that is rare.

The NPUAP identifies important factors for determining whether a pressure ulcer is unavoidable. First, the patient must have been appropriately evaluated before developing a pressure ulcer. Second, interventions must be implemented. Examples of important interventions include turning and repositioning, nutritional support, and pressure relieving mattresses and wheelchair cushions. Third, the nursing home or hospital must monitor and evaluate the effectiveness of the interventions. Lastly, they must revise the approaches as indicated. Only when a nursing home or hospital takes all of those steps can a pressure ulcer be considered unavoidable.

In many cases, nursing homes and hospitals try to hide from legal responsibility for pressure ulcers by calling them unavoidable without taking appropriate steps to prevent them. These guidelines make it clear that you can not call a pressure ulcer unavoidable without first taking all the appropriate steps to prevent them. A nursing home or hospital that fails to take appropriate steps to prevent and treat pressure ulcers should be held accountable.

If a loved one has been harmed by a nursing home or hospital that has failed to prevent and treat serious pressure ulcers, please click here to contact us by email or call us at (804) 288-1661.

Virginia Nursing Home Reportedly Ignored Abuse

blog@www.virginia-elder-abuse-law.com (news Author)13740 — Tue, 30 Mar 2010 08:00:00 EST

According to an article in the Bristol Herald Courier newspaper, the National Health Care - Bristol, Virginia nursing home has been charged with ignoring and discouraging reports of sexually abused patients. The accusations in the article describe a a series of assaults by ex-nursing aide James Wright. Mr. Wright is awaiting sentencing for aggravated sexual battery of four former NHC patients. Each charge carries a maximum sentence of 20 years in prison.

Nursing homes must be diligent in protecting their patients. That includes conducting criminal background checks, verifying that new employees are not on the state police sexual predator lists, and investigating allegations of physical, sexual, and mental abuse of residents. Nursing home patients are especially vulnerable to abuse because many patients lack the physical and mental capacity to resist abuse. Likewise many lack the capacity to report abuse and even when they report abuse, the allegations often are not taken seriously.

If you have reason to suspect a loved one is being abused in a nursing home, you should take action. Resources to protect the elderly include Adult Protective Services (APS), the local police department, your doctor, and the Virginia Department of Health Complaint Unit.

Josh Silverman Speaks to the VTLA's First Long Term Care Conference

blog@www.virginia-elder-abuse-law.com (news Author)13414 — Tue, 16 Mar 2010 08:00:00 EST

Josh Silverman was a presenter at a recent VTLA Long Term Care conference in Richmond that brought together leading nursing home attorneys from around the country. Josh presented two topics: Informal Discovery and Certificates of Merit at the day long seminar.

The Informal Discovery presentation addressed how to investigate what really happened to your client at a nursing home or assisted living facility. All too often nursing homes and assisted living facilities cover-up the truth. However, by using informal discovery techniques including the Freedom of Information Act and interviewing former employees, an attorney can discover the truth and even use the nursing home or assisted living facility's cover-up against them in court.

The second topic of Certificates of Merit discussed the legal requirements for obtaining an expert opinion prior to serving a lawsuit, exceptions to the requirement, and the consequences for failing to obtain a necessary expert opinion.

The seminar was by all accounts a success. Virginia Lawyers Weekly published a front page article on the seminar and included quotes from Josh's presentation.

Lack of Medicare Oversight of Long Term Care Hospitals

blog@www.virginia-elder-abuse-law.com (news Author)12752 — Wed, 10 Feb 2010 08:00:00 EST

A front page story by the New York Times reports that Medicare is failing to provide oversight of long term care hospitals. A long term care hospital is typically a facility that provides lengthy rehabilitation services for stroke victims and recovery from surgeries for heart disease, broken bones, and other serious medical conditions. According to the New York Times, Medicare "has never closely examined their care." While they are required to submit quality control data, Medicare rarely penalizes long term care hospitals for failing to submit the data. Medicare has the authority to force a hospital out of the Medicare program; however, Medicare rarely exercises that authority.

Injuries at long term care hospitals include pressure ulcers, falls, and improper (even illegal) use of restraints. If you or a loved one suffered a serious injury at a long term care hospital please contact us by email or call us at (804) 288-1661 before your rights expire.

More Virginians Choosing to Live in Assisted Living Facilities

blog@www.virginia-elder-abuse-law.com (news Author)12116 — Fri, 08 Jan 2010 08:00:00 EST

A recent study found that Virginia ranks second, only behind Minnesota, in number of assisted living facility beds per capita. Virginians are recognizing that as we get older we may need assistance in activities of daily living so it is only logical to move into so-called "continued care communities." Continued care communities offer the promise to preserve your independence while provided enhanced levels of care as your medical needs increase.

The study published in Health Affairs makes an important point: assisted living facilities are less well regulated than nursing homes. It was not until six years ago that these facilities had anything more than bare bones regulations. They are now required to have licensed administrators and trained medication techs.

Assisted living facilities can be a great option for many people. They should have the flexibility to meet the residents' needs while preserving their independence. The problem arises when the facility does not have adequately trained staff or accepts patients that require higher levels of nursing care. For example, assisted living facilities are not equipped to provide treatment for pressure ulcers, care for patients who require IVs, or treat patients who need around the clock nursing care.

A more serious problem are assisted living facilities that are not adequately maintained. We have successfully pursued wrongful death and serious personal injury cases against assisted living facilities that failed to provide adequate heat or secure windows. One resident literally froze to death and another resident broke his back falling out of the third floor window of an assisted living facility.

We represent victims of assisted living facility neglect and abuse throughout Virginia. If you or a loved one has been injured please call us at (804) 288-1661 or click here to contact us by email for a free consultation.

Josh Silverman invited to speak to Virginia Nurse Anesthetist Conference

blog@www.virginia-elder-abuse-law.com (news Author)10853 — Fri, 16 Oct 2009 08:00:00 EST

The Virginia Association of Nurse Anesthetists (VANA) recently invited Josh Silverman to speak at their annual convention regarding medical malpractice. Together with Paul Nissley, CRNA, Josh presented a one hour program titled "The Anatomy of a Deposition." Josh and Paul provided an overview medical malpractice cases using a fictitious case of a patient who suffered a brain injury after aspirating during surgery. They showed a video of a mock deposition of the CRNA who was alleged to have committed malpractice. The audience included about 60-70 CRNAs and students. After the presentation Josh and Paul had an engaging discussion with the audience where the discussed malpractice insurance, proper documentation of patient charts, and responding to medical malpractice claims.

Josh and Paul have been invited to present the program again at a meeting of the VANA's Roanoke division on December 5, 2009.

Josh Silveman Presents Plaintiff's Personal Injury From Start to Finish

blog@www.virginia-elder-abuse-law.com (news Author)10855 — Fri, 16 Oct 2009 08:00:00 EST

Josh Silverman was a faculty presenter of "Statutes Which Affect Liability Evaluation" and "Understanding the Law of Damages" at a recent personal injury law conference in Richmond, Virginia. The first presentation addressed the statute of limitations, sovereign immunity, automobile statutes, and insurance law. The purpose of the presentation was to educate lawyers on recognizing statutes that would either create or bar a claim. We discussed statutes that would enable a claim such as by lengthening the statute of limitations as well as statutes like the Virginia Tort Claims Act that would bar a claim in as short as one year.

The second presentation "Understanding the Law of Damages" focused both on an injured person's legal right to collect damages when he or she has been injured as well as techniques to increase damages.

Both programs were well attended and the audience was quite engaging with thoughtful questions. The attorneys at Williamson & Lavecchia are sought after speakers on trial advocacy. If you have been injured and would like to speak with an attorney click here to contact us by email or call us at (804) 288-1661.

Newport News Assisted Living Facility Hit with $750,000 Verdict

blog@www.virginia-elder-abuse-law.com (news Author)8875 — Thu, 04 Jun 2009 08:00:00 EST

An owner of an assisted living facility was held liable for hiring an employee with an extensive criminal record. Despite a lengthy criminal record the owner made him an assistant director. Tragically the employee repeatedly sexually assaulted a 55 year old resident. The jury awarded him $500,000 for his injuries and an additional $250,000 in punitive damages.

Click here to read more about this case from the Dailypress.

Assisted living facilities in Virginia are required to take reasonable steps to protect the safety of their residents. That includes hiring sufficient and competent staff, providing adequate heat, and facilitating medical treatment. Please visit our adult home section of our website to learn more about resident rights and legal remedies. To learn more about our experience representing victims of abuse and neglect at assisted living facilities, please visit our case results page.

Hospitals Fined After Surgical Sponges Were Left In 2 Patients

js@wllc.com (blog Author)10610 — Fri, 03 Apr 2009 08:00:00 EST

One patient underwent a vaginal hysterectomy only to require a second surgery to remove a surgical sponge that was left inside of her body.

A second patient had abdominal surgery to remove a cancerous tumor. The surgery stretched on for four hours and more than 60 sponges were placed in her abdomen during the surgery. However, only 59 sponges were removed. Five days later an x-ray showed the missing sponge. She required another surgery to remove the lost sponge.

Unfortunately these are not rare events, but they are completely preventable. Sponges are not left inside a patient without malpractice. Nurses are required to account for all sponges and instruments used during surgery. If anything is missing the nurse has a duty to notify the surgeon. The surgeon can look for the sponge and even order an x-ray to assist in finding the sponge.

Technology has made it even easier. Some hospitals use radio frequencies and bar scanners to track surgical sponges. My understanding is the VCU Medical Center has started using these technologies. I have not heard whether or not the Bon Secours hospitals (St. Mary's, Memorial Regional Medical Center, and St. Francis) or the HCA Hospitals (Henrico Doctor's Hospitals, Retreat, Chippenham and Johnston Willis, and John Randolph) are still relying on manual counts.

Credit Cards Stolen From Retirement Home

blog@www.virginia-elder-abuse-law.com (news Author)7702 — Tue, 10 Mar 2009 08:00:00 EST

Henrico County police are investigating the theft of three credit cards from a Henrico retirement home. The thieves went into the retirement home posing as health care workers. They stole three credit cards and illegally charged $65,000 on the credit cards.

Under Virginia law nursing homes have been held liable for failing to provide reasonable security to its residents. The fact is that residents of nursing homes and adult homes are dependent on the facility for their security. Fortunately in this case the victims only had their credit cards stolen. In other notorious cases, the victims have been subjected to physical and even sexual assaults.

Virginia Ranks in Bottom 10 for Nursing Home Staffing

blog@www.virginia-elder-abuse-law.com (news Author)6872 — Thu, 29 Jan 2009 08:00:00 EST

U.S. News and World Report just published its rankings of the worst states in the nation for nursing home staffing. Virginia ranked No. 8 from the bottom. The conclusion was based on data from Medicare. Medicare recently ranked nursing homes on a scale from 1-5 stars. Of Virginia's 263 nursing homes, more than one third of the nursing homes earned only 1 star.

The implications of Virginia's poor rankings are serious. Over 1/3 of nursing homes in Virginia are not providing adequate staff to care for their patients. With insufficient staff, patients are at risk for not being turned, fed, bathed or properly medicated. Those patients are prone to develop pressure ulcers, malnutrition, infections, falls, and other injuries.

The reasons why nursing homes in Virginia are understaffed is debatable. In my opinion, the nursing home industry is placing profits over caring for patients. As the most expensive part of operating a nursing home is staffing, the surest way to increase profits is to under-staff the facility. Others argue there is a shortage of available nurses and nurses aides willing to work in nursing homes, but that also can be tied to profits. If nursing homes would provide fair compensation more nurses would be willing to care for patients in nursing homes.

The solution is two fold: (1) We should all contact our elected officials and let them know that nursing homes should be required to have minimal staffing levels sufficient to provide quality care. (2) We need to reverse the incentives to nursing homes by making it expensive to provide poor care. This is accomplished by holding nursing homes accountable in a court of law for neglecting and abusing their patients. Ultimately, if the cost of defending poor care exceeds the cost of providing good care, nursing homes will hire more nurses and improve the quality of care provided to their patients.

If you believe a loved one is a victim of nursing home abuse or neglect, please feel free to contact us by email or call us at (804) 288-1661 to discuss your legal rights.

Nursing Home Employee Sentenced for Sexually Assaulting an 85 Year Old Patient

blog@www.virginia-elder-abuse-law.com (news Author)5538 — Thu, 29 Jan 2009 08:00:00 EST

An 85 year old nursing home patient certainly expected to be secure in her nursing home bedroom. Undoubtedly her family never expected her to become a victim of one of the most violent and cruel crimes --- sexual assault --- while a patient at a nursing home. Yet, this happens in nursing homes and assisted living facilities. There have been prosecutions in Henrico County for raping nursing home patients. Nursing homes in Virginia are required to conduct criminal background checks of its employees.

According to the Virginia Supreme Court, a nursing home that fails to provide reasonable security for its patients may be held accountable in a court of law. On our website, you can learn more about a nursing home's legal responsibility for protecting its patients. If you or a loved one has been a victim of abuse, neglect, or malpractice at a nursing home or assisted living facility you are invited to contact us to discuss your legal rights. We represent victims of nursing home abuse and neglect throughout Virginia.

Please email us or call us at 804-288-1661.

Sincerely yours,

Josh Silverman

Nursing Home Rating System

blog@www.virginia-elder-abuse-law.com (news Author)5092 — Thu, 29 Jan 2009 08:00:00 EST

Starting in December 2008, the Nursing Home Compare website operated by the Center for Medicare and Medicaid Services (CMS) will give nursing homes a star rating, between 1-5 stars.

The Nursing Home Compare website already provides consumers with information about past complaint investigations, surveys, and penalties issued against individual nursing homes. However, the current system can be confusing for patients and their families. The star rating system should provide a simpler means to assess the quality of care provided in a nursing home.

In addition to assisting nursing home patients and their families in choosing a nursing home, we hope the star rating system will lead nursing homes to improve the quality of care provided to patients. Nursing homes know that consumers have choices and no one wants to put a family member in a one star nursing home.

Click here to go to the Nursing Home Compare website.

Nursing Home Patients Signing Away Their Right to Sue for Abuse and Neglect

blog@www.virginia-elder-abuse-law.com (news Author)5062 — Thu, 29 Jan 2009 08:00:00 EST

Patients entering nursing homes typically must sign "admission agreements." Deep inside these multiple page contracts are often hidden provisions that deny nursing home patients the right to sue for damages due to abuse and neglect. Instead they are "agreeing" to waive their right to sue and to resolve their claim via arbitration. In an arbitration, there is no jury and the case is decided by 1-3 persons who may be biased in favor of the nursing home industry.

The attached article from Fox News describes both perspectives on compelling nursing home patients to give up their Constitutional right to sue. Currently pending before Congress is a bill to make these mandatory arbitration agreements unenforceable. At Williamson & Lavecchia, L.C. we support this legislation and believe deeply in every person's Constitutional right to have their claims vindicated in a court of law.

GAO Report Finds Nursing Home Inspectors Miss Serious Violations

blog@www.virginia-elder-abuse-law.com (news Author)4847 — Thu, 29 Jan 2009 08:00:00 EST

Despite strict regulations of nursing homes, residents continue to suffer serious injuries and die due to abuse and neglect. Congress is investigating the effectiveness of the nursing home regulations. A report by the Government Accountability Office (GAO) has found that inspectors miss 15% of the most serious violations. These are often life threatening violations like failing to provide adequate nutrition and hydration (food and water) to residents.

In addition to hunger and thirst that naturally comes from inadequate nutrition and hydration, patients are highly prone to deadly infections, pressure sores, falls, and other serious injuries. There are over 16,000 nursing homes caring for 1.5 million Americans. One-fifth of the nursing homes were cited for serious violations. When you add in the number of violations that were missed, it becomes clear that we have a crisis in nursing home care.

Senators Charles Grassley and Herbert Kohl have introduced legislation to raise the fines against nursing homes. Currently, nursing homes can not be fined more than $10,000 regardless of the seriousness of the injury to the patient. The proposed legislation will raise the maximum fine to $25,000 for serious violations and $100,000 for the death of a patient. Equally important, the legislation will increase the transparency of owners of the nursing home. Shockingly, inspectors struggle to identify the owners of a nursing home whose identities are often hidden behind several shell corporations. This legislation is expected to be voted upon in June 2008. Please return to our website for further updates.

New York Times Exposes Nursing Homes Placing Profit of Patient Care

blog@www.virginia-elder-abuse-law.com (news Author)3511 — Thu, 29 Jan 2009 08:00:00 EST

On October 23, 2007, the New York Times published the results their in depth investigation into private equity groups that are purchasing nursing home chains. Many argue they have returned the industry to profitability but at the expense of patient care. These groups have set up elaborate corporate structures that enable the investors to receive a handsome return on their investments but leaving the nursing home underfunded and with limited resources to compensate victims of abuse and neglect. The systems is relatively simple. The nursing home is set up as one corporation with minimal insurance coverage. The nursing home pays large fees to landlords, management companies, and other corporations. These corporations are in the black while the nursing home appears insolvent and judgment proof. Yet, when you dig into the ownership of the landlords and management companies, you often find that they share the same investors. The ultimate result is that the victims of abuse and neglect struggle to be compensated for their injuries. There are strategies to hold all of these companies responsible. Lawyers call it "piercing the corporate veil." Please call us if you believe a loved one has been abused or neglected in a nursing home.

Nursing Home Abuse and Neglect Underreported

blog@www.virginia-elder-abuse-law.com (news Author)3355 — Thu, 29 Jan 2009 08:00:00 EST

New studies have shown that nursing home abuse and neglect is grossly under-reported. In an Israeli study only 6% of nursing home patients said they would report being abused or neglected. However, when the researchers studied hospital records of patients admitted from nursing homes, they found 21% exhibited signs of abuse including burns, dehydration, malnutrition, unexplained bruises, and poor hygiene. In the United States, there are 2500 reported cases of nursing home residents being physically abused annually. That is certainly only a fraction of the number of unreported cases. New efforts are being made to identify victims of nursing home abuse and neglect. Hospital employees are being asked to look for signs of abuse and neglect much the way pediatricians screen for child abuse. You can also be on the lookout for signs that a loved one is being abused or neglected by being observant and listening. Warning signs include pressure sores, bruises, weight loss, poor hygiene, anger, and behavioral problems. If you believe a loved one has been abused or neglected at a nursing home take action. You are invited to contact us for a free evaluation of your legal rights.

New Orleans Euthanasia Cases Come to Light

blog@www.virginia-elder-abuse-law.com (news Author)1328 — Thu, 29 Jan 2009 08:00:00 EST

Workers at a New Orleans Long Term Care Facility euthanized several patients during the aftermath of Hurricane Katrina. Get the entire story in our document library.

Josh Silvermand Carolyn Lavecchia Prevail in the Virginia Supreme Court

blog@www.virginia-elder-abuse-law.com (news Author)7033 — Tue, 20 Jan 2009 08:00:00 EST

A common issue in nursing home and assisted living cases is proving that the defendant's negligence was a cause of death. The difficulty comes from the fact that every person in an assisted living facility or nursing home has chronic medical conditions many of which can be fatal. When a patient dies with a pressure sore or while suffering from malnutrition it is often disputed whether the negligence of the nursing home caused the patient's death or if the patient died of other medical conditions.

Historically, under Virginia law if the health care provider's negligence caused a non-lethal injury and the patient dies of another cause, the case is pursued as a survivorship action. If the defendant's negligence was a cause of death then the case must be pursued as a wrongful death action. Recently, nursing homes, doctors, and hospitals have argued that the plaintiff must choose one path and only one path. However, if the plaintiff chooses one theory and the jury concludes that the defendant was negligent but the plaintiff chose the wrong theory the plaintiff would lose even though the defendant was at fault.

In this case against Lynchburg General Hospital, the Virginia Supreme Court ruled that the plaintiff can pursue both survivorship and wrongful death claims in the same case and the jury determines whether the defendant's negligence caused non-lethal injuries or caused the plaintiff's death. Since this is an important issue for our clients, we filed an amicus curiae brief in support of the prevailing rule that a plaintiff can pursue alternative remedies of survivorship and wrongful death damages.

Pressure Ulcer Hospitalizations Skyrocket

blog@www.virginia-elder-abuse-law.com (news Author)6603 — Wed, 10 Dec 2008 08:00:00 EST

A new government study has found that there has been a shocking 80% increase in hospitalizations due to pressure ulcers. The study compared data from 1993 to 2006. In 2006, 45,000 patients were hospitalized with a primary diagnosis of pressure ulcers (also called bed sores, pressure sores, or decubitus ulcers). Over 450,000 patients were hospitalized with a secondary diagnosis of pressure ulcers.

Our website contains an significant information about the causes and treatments for pressure ulcers and photographs of pressure ulcers. The most important point is that pressure ulcers are preventable in most cases. As the name suggests, pressure ulcers are caused by pressure. Likewise pressure ulcers are preventable by reducing pressure. The most important nursing treatment to prevent pressure ulcers is to turn and reposition patients at least every 2 hours. When a patient is left in the same position blood flow is decreased to the skin and tissues. The decreased blood flow causes the skin and tissues to become oxygen starved. Without oxygen the skin and tissue will become injured and eventually die if pressure is not relieved.

Pressure ulcers are not only painful, they can be deadly. Pressure ulcers are prone to infection. With "superbugs" like MRSA and Vancomycin-resistant enterococci bacteria (VRE), local infections can spread through the bloodstream causing sepsis and bacteremia. These serious conditions are very often fatal.

At Williamson & Lavecchia, L.C. we represent patients who have suffered from pressure ulcers at hospitals, nursing homes, and rehabilitation facilities throughout Virginia. Please feel free to contact us at (804) 288-1661 or click here to email us for a free consultation.

Nursing Home Patients Plagued by Medication Errors

blog@www.virginia-elder-abuse-law.com (news Author)5688 — Mon, 15 Sep 2008 08:00:00 EST

Each month 10% of nursing home patients are injured by medication errors according to a study by the University of Massachusetts School of Medicine. According to the author of the study, nursing homes are at least 10 years behind hospitals in reducing medication errors. The most common and the most serious problems come from the blood thinner warfarin (Coumadin) and anti-psychotic medications.  Improperly medicated patients suffer injuries ranging from confusion to serious bleeding to death.

According to Dr. Jerry Gurwitz, M.D., the lead author of the study, "This seems to be a major safety issue for some of our most vulnerable patients."

We could not agree more with Dr. Gurwitz's comment. In our experience, medication errors are often fatal. We have represented patients in Virginia who have died from overdoses of Coumadin and Methotrexate. These deaths were needless and preventable.

It is the responsibility of the doctor to prescribe medications appropriately and for the nurses to administer the medications as prescribed. Yet when a doctor prescribes a dangerous medicine like Coumadin, the doctor must monitor the patient and order critical laboratory tests to ensure that the patient is receiving a proper dose. The nurses must ensure that the doctors orders are properly carried out. If either the nurses or the doctors neglect their responsibilities the patient is at risk for serious injuries or death.

The statistic of 10% of nursing home patients per month suffering from medication errors is astonishing. At that rate most long term nursing home patients will suffer injuries from a medication error.

There are host of technologies and steps nursing homes can take to prevent medication errors. The most important and simplest step is to provide sufficient nurses to care for patients. Under-staffing leads to overworked nurses who are more likely to make mistakes.   Unfortunately most nursing homes are for-profit businesses and the easiest way to boost profits is to cut staffing, i.e. putting profits over patients.

Our philosophy is that holding nursing homes accountable for injuring patients makes it expensive for nursing homes to provide bad care. In other words, while it may cost money to hire sufficient nurses to care for patients, ultimate it is cheaper for the nursing home to provide good care and than to be sued for malpractice.

Because medication errors are so common in nursing homes, we have devoted a portion of our website to nursing home medication errors. Click here to learn more.

If you or a loved one is a victim of a medication error, please call us at (804) 288-1661 or click here to contact us.

Joshua Silverman

Fairness in Nursing Home Arbitration Act Passes Senate Judiciary Committee

blog@www.virginia-elder-abuse-law.com (news Author)5669 — Fri, 12 Sep 2008 08:00:00 EST

In a small and long overdue step the Senate Judiciary Committee passed the Fairness in Nursing Home Arbitration Act. The Act has a long way to go before becoming law, but this is an important step.

Arbitration agreements unfairly deny victims of nursing home malpractice the right to have their case decided by a jury of their peers. Instead, nursing home arbitration agreements give nursing homes the right to hand pick an arbitrator, typically a lawyer or retired judge, to decide the facts and determine what if any recovery will be awarded. Even more concerning is that these arbitration agreements often contain caps on damages as low as $50,000 no matter how badly the nursing home patient is injured or even if the patient is killed by nursing home malpractice.

These arbitration agreements are almost never entered into truly voluntarily by the nursing home patient. Many nursing home patients are not capable of understanding the agreements due to declining health, recent surgery, or just from being overwhelmed by the trauma of moving into a nursing home. Also the nursing home admission process contains a daunting amount of paperwork. The arbitration agreement is often lost in a stack of papers and forms pertaining to dining preferences, visiting hours, laundry policies, activity schedules, etc. I have never heard of a nursing home taking the time to explain to the patient that he or she is giving up the valuable Constitutional right to trial by jury.

We are probably a long way to go before this important Act becomes law. In the meantime, Virginia has a 60 day opt out provision. In other words you can cancel a nursing home arbitration agreement within 60 days of leaving the nursing home under some circumstances. Therefore, time is of the essence and you should contact an experienced nursing home malpractice attorney as soon as possible if you or a loved one is a victim of nursing home malpractice.

Please call us at (804) 288-1661 or email us to discuss your legal right rights. Waiting could deny you justice!

Medication Error Practice Section

blog@www.virginia-elder-abuse-law.com (news Author)5648 — Wed, 10 Sep 2008 08:00:00 EST

We have added a new practice area to our website devoted to medication errors. At Williamson & Lavecchia, we have represented numerous victims of medication errors and information about medication errors has been available on our website. Due to the severity and frequency of medication errors, we have decided to set up a separate practice area on this website limited to medication errors.

Medication errors are almost always preventable. Most medication errors come from carelessness and negligence. The following are a few examples of medication errors:

Nurses administering a medication to the wrong patient;
Doctors writing illegible prescriptions;
Doctors writing prescriptions that the patient is allergic to;
Pharmacists misfilling prescriptions (wrong medicine in the bottle or mislabeling the prescription);
Drug manufacturers using similar and confusing names for different drugs;
Doctors failing to monitor the effects of prescriptions.

There are numerous other examples of medication errors. In some cases medication errors cause minimal harm, but in other cases they are tragic. For example, we have represented the families of patients who have died from medication overdoses like Coumadin, a blood thinner.

If you or a loved one has been a victim of medication errors, please click here to learn more about medication errors or contact us to discuss your legal rights.

Regards,

Joshua Silverman

WIlliamson & Lavecchia, L.C. Welcomes Legal Nurse Consultant Wendy Moore

blog@www.virginia-elder-abuse-law.com (news Author)4629 — Fri, 11 Apr 2008 08:00:00 EST

Williamson & Lavecchia, L.C. welcomes Wendy Moore, RN to our full time staff. Wendy has extensive experience in critical care, cardiac, and pre-operative nursing. Wendy is a graduate of the MCV School of Nursing and has fourteen years of experience as a legal nurse consultant. As a nurse consultant, Wendy will assist us in evaluating cases, researching medical and nursing literature, locating experts, and preparing complex medical cases for trial.

Williamson & Lavecchia, L.C. Launches Spanish Website

blog@www.virginia-elder-abuse-law.com (news Author)4296 — Mon, 18 Feb 2008 08:00:00 EST

Williamson & Lavecchia, L.C. is pleased to announce that we have launched a Spanish language version of this website to better serve the Latino community. The Spanish version of this website has detailed information about our practice areas, our experience, frequently asked questions about medical malpractice, defective products, nursing home abuse, and more. Click here to visit our Spanish website.

Maggots Found In Patient's Ear

blog@www.virginia-elder-abuse-law.com (news Author)3263 — Mon, 27 Aug 2007 08:00:00 EST

Maggots were found in the ear of 91 year old patient in a nursing home in Johnson City, Tennessee according to an Associated Press story. According to the AP, the nursing home records reveal that her hair had not been washed in weeks. The nursing home claims to have washed her hair yet failed to document it. The defense of "we were too busy providing good care to document it" is familiar to most nursing home attorneys. Many nurses and nursing home attorneys reject that theory as simply self-serving and lacking in any credibility.

Carolyn Lavecchia Recognized as One of the Top Medical Malpractice Lawyers in Virginia

blog@www.virginia-elder-abuse-law.com (news Author)1577 — Wed, 27 Jun 2007 08:00:00 EST

For the second year in a row Carolyn Lavecchia has been recognized in the publication Virginia Super Lawyers for expertise in representing victims of medical malpractice. The magazine Virginia Super Lawyers 2007 mailed surveys to approximately 19,000 active Virginia attorneys and asked them to nominate the best attorneys they have seen in action. Only the top 5% were selected for publication in Virginia Super Lawyers 2007. Carolyn has over 20 years of experience handling serious injury and death cases due to medical malpractice. Prior to becoming an attorney, Carolyn was a nurse practitioner on the faculty of the Medical College of Virginia. Combining her health care experience with her skills as a trial lawyer has earned Carolyn the admiration of her clients and the respect of her opponents. Carolyn leads the elder abuse section of Williamson & Lavecchia, L.C. representing victims of abuse at nursing homes and assisted living facilities. For more information about Carolyn, please view her profile or contact us for more information.

Virginia Nursing Home Loses Medicare/Medicaid Certification

blog@www.virginia-elder-abuse-law.com (news Author)2820 — Mon, 11 Jun 2007 08:00:00 EST

The Carriage Hill Rehabilitation and Nursing Center in Spotsylvania County, Virginia has been decertified by Medicare and Medicaid after a series of incidents including the death of a man strangled by the cord to his call button according to the Fredericksburg Star.

Carolyn Lavecchia Named Fellow of American Academy of Trial Counsel

blog@www.virginia-elder-abuse-law.com (news Author)2106 — Mon, 29 Jan 2007 08:00:00 EST

The American Academy of Trial Counsel is a lawyer honorary comprised of experienced and effective litigators throughout the United States, and represents less than one-half of one percent of American lawyers. Fellowship in the Academy is limited and by invitation only. Academy Fellows are deemed to be among the best trial lawyers in the American bar, who have exhibited accomplishment in litigation and trial work, and have superior ethical reputations. The composition of the Academy is aggressively diverse, with recognition of excellence in litigation across all segments of the bar. In addition, the Academy is dedicated to promoting superior advocacy, professionalism and ethical standards among its Fellows and Members.

Abuse and Neglect of Elderly Rampant In Nursing Home Industry

blog@www.virginia-elder-abuse-law.com (news Author)1748 — Thu, 21 Sep 2006 08:00:00 EST

A 2006 report by Consumer Reports finds that two decades after Congress attempted to reform the nursing home industry "bad care persists and good homes are still hard to find." Twenty years ago Congress passed the Nursing Home Reform Act which required all nursing homes that accept Medicare and Medicaid funding to meet uniform national standards. According to press reports, penalties often are not enforced against nursing homes and nursing homes that are out of compliance with federal regulations are permitted to continue treating Medicare and Medicaid patients. Studies have shown that there is a strong correlation between staffing levels and quality of care. Of course increased staffing increases costs and results in reduced profits for the nursing home. Virginia attorney John Harris correctly points out that one way to make nursing homes improve the quality of care is to pursue civil lawsuits against nursing homes. In other words "make it more expensive to neglect patients."

Federal Settlements with Virginia Nursing Homes

blog@www.virginia-elder-abuse-law.com (news Author)1193 — Thu, 09 Feb 2006 08:00:00 EST

The U.S. Attorney's Office in Virginia has investigated numerous nursing homes for fraud and substandard care. The investigations have led to settlements with nine Virginia nursing homes. The settlements require facilities to pay monetary penalties and invest in improving the quality of care for the patients. These settlements may lead to improved care for current and future residents, however, they do little for people already victimized. If you believe that a loved one has been a victim of abuse and neglect at a Virginia nursing home or assisted living facility, we welcome you to contact us.

19 Nursing Home Employees Arrested After Being Caught on Hidden Cameras Neglecting Patients

blog@www.virginia-elder-abuse-law.com (news Author)1049 — Fri, 06 Jan 2006 08:00:00 EST

Washington Post article about the tragic death of our client's sister who died because of a lack of heat at a Richmond assisted living facility

blog@www.virginia-elder-abuse-law.com (news Author)360 — Wed, 01 Jun 2005 08:00:00 EST

The Washington Post featured the story of an elderly resident who died due to a lack of heat at a Richmond assisted living facility. We filed suit on behalf of her sister. Through our investigation we learned that the facility was so cold that the employees were wearing coats and thermal underwear to work. The case settled shortly before trial. Read the Washington Post's series on the state of assisted living facilities in Virginia. The third article in the series depicts the tragic story of our client who suffered a broken back and almost lost his life due the dangerous condition of another Richmond assisted living facility.

Virginia To Increase Penalties Against Assisted Living Facilities

blog@www.virginia-elder-abuse-law.com (news Author)396 — Wed, 11 May 2005 08:00:00 EST

The Virginia General Assembly has recently made a few small steps in the right direction to strengthen regulations for assisted living facilities, to improve funding, and to increase fines against assisted living facilities. The changes are merely a start. Under legislation passed last session, administrators of assisted living facilities must be licensed the Department of Health Professionals. Previously, there were no requirements for administrators to be licensed. The state has modestly increased funding for subsidies for low income residents of assisted living facilities. Even with the increase in funding, the state will spend only about $31 per day per subsidized residents. That is less than many people spend to board a pet. Perhaps most substantial, the legislation will increase fines from a maximum of $500 to $10,000. Unfortantely the legislation fails to address understaffing at assisted living facilities. Under current law, there are no minimum staffing levels with specified ratios of care workers to residents of assisted living facilities.