2010 - THE FORCAST FOR VIRGINIA TORT REFORM / MALPRACTICE LAWS
As this General Assembly Session begins, we once again hear rumors, grumblings rather, that tort reform will be on the agenda. I have practiced personal injury and medical malpractice law long enough that I am no longer surprised by the political pressure to support tort reform. However, I remain amazed that so many would think Virginia is still in need of additional reform.
In 2009, Virginia juries awarded victims of medical malpractice, $7.4 million, $7 million, $4 million, $3.7 million, etc. Of course with our cap on total recovery (not limited to non-economic damages), families did not receive the above amounts. Further, many did not recover an amount large enough to cover the costs of care for living victims of malpractice.
This year's session appears to be one where the focus is not on victims or families, but changing the liability system as a whole. I commend you to read the following bills before the Assembly:
- HJ 14 - investigating alternatives to our existing medical liability system to reduce costs
- HB 87 - another alternative to our medical liability system allowing litigation only when clear and convincing evidence exists that the act was willful or intentional
Yes, you read HB 87 right: access to the court system ONLY when there is clear and convincing evidence that a physician injured a patient on purpose.
I will save my comments and opinions and simply recommend we all keep an eye on Richmond this winter. Dan Frith |
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THE WORST AND BEST NURSING HOMES IN VIRGINIA
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by Lauren Ellerman
This is not a scientific study. Nor does my "research" rely on facility visits, or federal investigations like Medicare's five-star rating of nursing homes does.
My conclusion on which facilities are the "worst nursing homes in Virginia" is based solely on cold calls to our office. So yes, I will admit it, my research is skewed. My conclusion is PURE opinion based only on those select people who call attorneys to discuss nursing home complaints.
Notwithstanding, I think the following reflects a problem in Virginia nursing homes. Of the many calls I took in 2009 from family members concerned about abuse and neglect, the following is true:
- 96% of the calls were about FOR PROFIT nursing homes in Virginia
- 4% were non-profit, Government run (VA, etc.)
- 0% were non-profit
Yes, it's true that there are more for profit facilities. It is also true that most non-profit facilities do not take Medicaid patients thus changing the dynamic of the long term patients. But those cannot be the only reasons for the discrepency.
When a for profit health care provider makes a few dollars at the end of the year, someone pockets the profit. When a non profit facility has extra money at the end of the year, they may hire a few more nurses.
I am still waiting for Virginia nursing homes to put patients over profits, and when they do, I will be out of a job. Sadly for most Virginians, that did not happen in 2009.
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MARY ANN SPENCER
After many years of keeping us in line, Gail Barrow left Frith Law Firm this January to work with the State. We will miss Gail, but are glad to welcome Mary Ann Spencer as our new office manager / assistant. |
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| We have enjoyed getting to know Mary Ann and know you will too. | |
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SURGICAL ERRORS
A study recently found that a significant percentage of depressed or burned-out surgeons believe they have committed major medical errors.
The study, published online by Annals of Surgery last month, found that of 7,905 surgeons surveyed, almost 9 percent (700 surgeons) were concerned that they had made a major medical error in the three months before the survey.
Researchers found a significant correlation between the incidents and emotional exhaustion or depression. They found no link between surgeon fatigue and medical errors.
Unfortunately, the statistic should not surprise us. The Institute of Medicine (IOM) famously reported in 1999 that as many as 98,000 patients die every year from medical mistakes.
We understand that personal stress is hard to ignore at the office, but when someone's life is at stake, we should expect more.
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HOME HEALTH-CARE HORROR STORIES |
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After Christmas I wrote about an article in the LA Times about home health care nurses who were able to become licensed in various states, despite serious confirmed cases of patient abuse in their professional pasts. I called the article Home Healthcare Nightmare.
Earlier this month I experienced a home health care nightmare of my own.
A family member of mine (we will call her Sue) must rely on 24 hour nursing care for help with ADLs. Sue had been approached by one nurse who asked for money to fix her radiator. Unfortunately, Sue is a softy and gave the nurse cash.
Later that week Sue received a phone call from someone pretending to be her son needing emergency money.
Two scams in one week made me wonder what kind of people had been in Sue's home. I started to order background checks for a few of the nurses.
JACKPOT. One of the nurses, had recently gotten out of jail in Maryland and was still on probabtion for possession of cocaine with intent to distribute. She also had 3 fraud charges in the MD court system including check fraud and obtaining money by false pretenses.
Did the Home Health Care agency check this before they placed this woman in Sue's home? They say they did but their software didn't come up with the same information mine did.
BE CAREFUL. Its only when I practiced what I preached did I realize my family had been too trusting. Never again.
If your clients are concerned about a sitter, in home nurse etc., have them do their research. They will be glad they did. | |
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