News
Pressure Sores
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Pressure Ulcer Hospitalizations Skyrocket
Dec 10, 2008A 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.
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Nursing Home Patients Plagued by Medication Errors
Sep 15, 2008Each 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
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Medication Error Practice Section
Sep 10, 2008We 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.
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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 -
Carolyn Lavecchia Recognized as One of the Top Medmal Lawyers
Jun 24, 2010Carolyn 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. - 24 - 30
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Josh Silverman Speaks to the VTLA's First Long Term Care Conference
Mar 16, 2010Josh 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. - 25 - 30 -
Lack of Medicare Oversight of Long Term Care Hospitals
Feb 10, 2010A 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. - 26 - 30 -
Josh Silverman invited to speak to Virginia Nurse Anesthetist Conference
Oct 16, 2009The 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. - 27 - 30 -
Josh Silveman Presents Plaintiff's Personal Injury From Start to Finish
Oct 16, 2009Josh 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. - 28 - 30 -
Josh Silvermand Carolyn Lavecchia Prevail in the Virginia Supreme Court
Jan 20, 2009A 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. - 29 - 30 -
Fairness in Nursing Home Arbitration Act Passes Senate Judiciary Committee
Sep 12, 2008In 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!
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Medication Errors
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