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Consumer's Guide to Long Term Care in Virginia
General Assembly 2011
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Medical Malpractice at the Veterans Administration 

I know it is not shocking after the reports of rats and terrible conditions at Walter Reed Army Hospital years ago, but some of our Veterans are not receiving sufficient medical care at the VA.

 

When you file a Medical Malpractice Action against the VA, you file a FTCA (Federal Tort Claim Act) Notice form. Then you wait 6 months while the VA evaluates your claim.

 

We are currently representing veterans and their families during this process, filing claims and building cases that can be filed in Federal Court if required.  

 

Because federal tax dollars will be used to pay these claims, they are never confidential and information is  available under the  FOIA.

 

Do you or your client have a potential medical malpractice case against the VA here in SW Virginia? We would be honored to evaluate the case today.

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March 2011

                      

 

Friends and Colleagues:  

Whether we chose to face it or not, many of us will be responsible for making long term health care choices on behalf of a loved one. Often, without warning, elderly Virginians are hospitalized and require long term  rehabilitation, assistance with activities of daily living, or more acute medical care.

 

Families wonder what facility is best? How will we pay? What type of care is required?

 

Sadly, there seems to be few resources for the thousands of Virginians faced with these questions and concerns.

 

That is why Lauren and I wrote, A CONSUMER'S GUIDE TO LONG TERM CARE CHOICES IN VIRGINIA. A "How To Guide" to begin the planning process, that includes helpful information on how to pay for long term care, how to chose a facility or provider, questions to ask when visiting facilities, etc.

 

The book is free to any Virginian who wants to begin by learning the basics. To order your free copy, call or email Mary Ann Spencer at 540-985-0098 or [email protected].

 

To read the first two chapters, please visit our website where you can download Chapters 1 and 2.

 

 

GENERAL ASSEMBLY IN REVIEW 

Every year our friends in Richmond create new laws and regulations that will affect the way Virginians access, receive and provide medical care.

 

Here are a few from this year's session that we believe will have the most substantial impact:

 

HB 2193:  Podiatry; expands definition. 

Expands the definition of podiatry to include the diagnosis and treatment of lower extremity ulcers, provided that the treatment of severe lower extremity ulcers proximal to the foot and ankle only be performed by appropriately trained, credentialed podiatrists in an approved hospital or ambulatory surgery center at which the podiatrist has privileges.

 

HB 2229: Health professionals; competency assessments.  

Changes requirements for physicians who have had 3 medical malpractice judgments or claims in ten years such that it only affects practicing physicians. Bill also changed the trigger amount from $10,000 to $75,000.

 

SB 924: Board of Health; regulation of facilities. 

Requires Board of Health to create and promulgate minimum procedures for infection control, disaster preparedness and security for hospitals, nursing homes, and certified nursing facilities. Will also require abortion clinics to meet the requirements of hospitals and for policies and minimum standards on staffing, training and maintenance for hospitals, nursing homes, etc.

  

 

HB 1818: Nursing Homes; Family Councils

Provides that the Board of Health shall require nursing homes and certified nursing facilities, upon the request of the facility's family council, to send notices developed by the family council  to the contact person of the resident's choice up to six times per year. Such notices and information may be included together with a monthly billing statement or other regular communication, and shall be posted in a designated location within the nursing home or certified nursing facility.

 

HB 2373: Medical Malpractice Privileged communications

Provides that the statute governing privileged communications is now expanded to "analysis, findings, conclusions, recommendations, and deliberative process of" any review committee, including expert reports and opinions and privileged.

 

HB 1535: Licensure / Certification; military training

Provides military experience and training can be evidence of educational requirements to be licensed or certified as a respiratory therapist, occupational therapist, radiological assistant, registered nurse, LPN or nurses aide.

 

We are busy this Spring reviewing non-compete, Medical Malpractice, Nursing Home Abuse & Neglect, VA Malpractice and serious injury cases.
  
If we could be of any assistance to you, your clients, or colleagues, please do not hesitate to contact our office today.

 

Sincerely,

 

Dan Frith

Lauren Ellerman


Frith & Ellerman Law Firm