Arkansas Personal Injury Blog - Medical Malpractice

Swine Flu Shots...Are The Shots Dangerous?

Frank Bailey — Sun, 11 Oct 2009 17:25:41 GMT

Rush Limbaugh says he is not taking a swine flu shot. He is a smart man. In today’s Arkansas Democrat Gazette Mike Masterson wrote an excellent article about the dangers of the shot. Should we trust our government about this? I’m not sure…

Apparently there are concerns about the mercury, aluminum and squalene contained in the shots. Are these compatible with good health? We should ask, who is making money from the shots? Are they willing to put our health at risk?

As Mr. Masterson writes, “[I]t’s hard to know what is best for us and ours. Do we risk a three day bout in bed with influenza or take this vaccine that may or may not have dire health implications now or in the future?”

If our government is willing to put caps on damages for medical malpractice to appease the insurance industry, and grant immunity to corporations if the swine flu shots cause injury, why should we trust our government about the safety of this vaccine?

I urge everyone to research this issue and not just follow the herd.

Originally posted at InjuryBoard by Frank Bailey

The Negligent Doctor Protection Act

Frank Bailey — Sat, 10 Oct 2009 14:57:11 GMT

New efforts by the insurance industry to transfer the cost of caring for catastrophically injured Americans to taxpayers have surfaced. If the insurance industry is successful in its efforts to limit jury verdicts, it will no longer have to worry about insuring negligent doctors. Why? Because the taxpayers will pick up the tab for the doctor’s negligence. How will this work? Suppose a child suffers a brain injury due to the negligence of a physician. Who is going to pay for the cost of caring for that child for life with caps on damages…the taxpayers. Why? Because with a cap on the amount of money that child can receive for the human damages, there will not be enough money to provide for the care and assistance that child will need over a lifetime…The cap will only hurt catastrophically injured children and adults, but it will be devastating for them. I always though America took care of its sick and injured, but the insurance industry is trying to change that so it can make even higher profits…

Let’s look at what the Congressional Budget Office said Friday. A cap on pain and suffering damages would result in $4.1 billion a year saved out of a $2.5 trillion a year expenditure. I may be wrong in my division, but I believe that is less than one tenth of one percent savings. Is that worth transferring the care of the sick and injured away from the wrongdoer to the taxpayers. I think not.

We have to put a stop to this charade before someone in our community or family is caught up in the greed of the insurance industry. Contact your Senators and Congressmen and tell them to vote no to caps on jury verdicts.

Originally posted at InjuryBoard by Frank Bailey

Regulating the Health Care Market

Sach Oliver — Fri, 11 Sep 2009 08:55:00 GMT

Tort reform is a touchy subject. Many people argue that tort lawyers who take on medical malpractice claims are just trying to ruin doctors and get rich quick, all while driving up healthcare costs for others. However, looking at actual research, rather than repeating tired dogmas reveals the truth behind this subject.

The actual cost of medical malpractice claims equates to less that 2% of overall healthcare costs.[1] This percentage of spending is arguably low when one considers the benefits provided by this private sector regulation of doctors. In fact, the number of doctors who have ever been responsible for malpractice payments is very low. To be precise, 82% of doctors have never had a malpractice payment.[2] This proves that malpractice claims are much less common than many people think. Further, since 1991, 6% of doctors have been responsible for 58% of malpractice payments.[3]

With these numbers in mind, it is evident that many doctors will go through their entire career and will never be responsible for a malpractice payment. Does this prove that the healthcare market should be subject to less liability? I think that this would lead one to the opposite conclusion. Doctors know that they are subject to liability, and this gives them an incentive to perform adequately. Consumers of healthcare deserve to know which doctors are performing adequately, and those who are injured by inadequate performance deserve to be compensated.

The argument is often heard that those who are compensated force others into higher healthcare costs because doctors are then forced to pay higher premiums, and pass this cost on to the consumer. However, there is little correlation between malpractice premiums and malpractice payouts.[4] Rather, doctors’ premium increases can be attributed to declining interest rates and investments.[5] These are some important considerations for us during these times. Assumptions should not guide us. We should look at the facts of this subject ourselves, and encourage others to do the same.

Our firm believes the overwhelming majority of doctors are wonderful people and fantastic physicians. It is the minority of doctors who are negligent and should be held accountable for their actions.

[1] “Malpractice a Tiny Percentage of Health Care Costs,” available at http://www.justice.org/cps/rde/xchg/justice/hs.xsl/8686.htm, (accessed September 7, 2009).

[2] “By the Numbers- Few Doctors Responsible for Malpractice Payments,” available at http://www.justice.org/cps/rde/xchg/justice/hs.xsl/8692.htm, (accessed September 7, 2009).

[3] Id.

[4] “No Correlation Between Malpractice Payouts and Insurance Premiums,” available at http://www.justice.org/cps/rde/xchg/justice/hs.xsl/8689.htm, (accessed September 7, 2009).

[5] Id.

Originally posted at InjuryBoard by Sach Oliver

Never Events

Frank Bailey — Thu, 20 Aug 2009 10:39:50 GMT

Did you know that Medicare and Medicaid are no longer reimbursing for “never events” that happen in hospitals?

What are never events?

1. Vascular catheter-associated bloodstream infections
2. Catheter-associated urinary tract infections
3. Mediastintis after coronary artery bypass surgery
4. Surgical site infections after bariatric surgery
5. Surgical site infections following spine, neck, shoulder, or elbow surgery
6. Deep venous thrombosis or pulmonary embolism following hip or knee replacement
7. Foreign body retained after surgery
8. Air embolism
9. Blood incompatibility
10. Stage III and IV pressure ulcers
11. Manifestations of poor glycemic control

What does this mean to a consumer of medical services? We at the Bailey and Oliver law firm are watching this as it develops.

Originally posted at InjuryBoard by Frank Bailey

Medical Malpractice and Caps

Frank Bailey — Tue, 14 Jul 2009 18:48:48 GMT

Caps on malpractice verdicts hurt a few severely injured people. Example: A twenty five year old patient loses her good leg because the surgeon amputates the wrong leg first and then has to amputate the correct leg. Is $250,000 sufficient to compensate that person for losing both legs for the rest of her life? Would you accept that amount? I think not. Juries should not be deprived of their ability to look at the case and judge reasonable compensation for the harms caused by the negligent physician without arbitrary caps on damages.

For most cases, caps will not apply, as the damages do not reach the cap. Only those cases of severely injured patients will be affected. Why punish a few in the name of tort reform?

If President Obama really wants to reform medical care in our country, the bill should not include caps on the money to compensate for the harm done to severely injured patients.

We all need to contact our representatives and say, "NO CAPS."

Originally posted at InjuryBoard by Frank Bailey

Medication Errors

Frank Bailey — Thu, 09 Jul 2009 09:37:56 GMT

Medication errors injure over a million patients a year. Medication errors are by far the most common medical error. A report by the Institute of Medicine of the National Academies, found than in any given week, 80% of U.S. adults take at least one medication. Almost one third take at least five different medications. The committee found at least one medication error per day occurred with each hospital patient.

The committee also found at least 25% of medication related injuries are preventable. The cost of these errors occurring in hospitals alone is estimated to amount to $3.5 billion a year. This does not take into account the human loss of life or the pain associated with these errors.

If President Obama wants to overhaul the medical system, he should start with preventing medication errors, in hospitals, nursing homes and clinics.

Originally posted at InjuryBoard by Frank Bailey

Swine Flu...Is It Worth $1.5 Billion Dollars?

Frank Bailey — Thu, 30 Apr 2009 10:59:25 GMT

Last night President Obama went out of his way to change the name of this virus to the more scientific H1N1 and pledged $1.5 billion dollars to fight a possible pandemic.

I am thinking, how about $1.5 billion dollars dedicated to the prevention of hospital acquired infections, especially MRSA, a known killer that takes over 18,000 American lives a year. And that is according to the latest figures from the CDC. This MRSA bacteria infects an estimated 94,000 patients according to 2005 figures from the CDC, and what are we doing about it?

Where are our priorities? We spend $300,000 for a photo op of Air Force One over the Statute of Liberty, $1.5 billion to fight Swine Flu, but how much to wipe out MRSA, a terrible tragic killer that has been proved over and over again???

I think it is time we all contact our representatives and demand laws to force hospitals to clean up their act and implement the 2003 SHEA Guidelines for Preventing Nosocomial Transmission of MRSA.

Please comment with updated evidence based information and ideas to stop MRSA infections.

Originally posted at InjuryBoard by Frank Bailey

Are MRSA and VRE More Serious Threats Than Swine Flu

Frank Bailey — Tue, 28 Apr 2009 12:11:22 GMT

Michael Bennett, a frequent contributor to my blogs submitted written testimony to the Maryland State Legislature Senate Finance Committee in 2008 supporting Senate Bill 102. In his testimony, Mr. Bennett cited a 2007 study published by the Association for Professionals in Infection Control and Epidemiology (APIC) that found over a million patients are infected with MRSA every year. A shocking 86% of these infections occurred in healthcare facilities. The mortality rate connected with these infections neared 10%. Simple math tells us that is 100,000 deaths a year from MRSA vs. 140 deaths from Swine Flu.

Another study in 2007 by theResources for the Future, cited by Mr. Bennett showed a two fold increase in MRSA infections of the 5-year period 1999-204.

Also in 2007 the CDC published a study in JAMA which showed that deaths from invasive MRSA sterile site infections alone now surpass deaths from AIDS.

According to Mr. Bennett, “Healthcare leadership has known for decades that isolating the entire reservoir of spread of these pathogens (MRSA and VRE) is an essential component of infection control, yet many healthcare leaders have chosen not to recommend such an approach.” I can't help but wonder why. Aren't we supposed to get better in hospitals...

Here in Arkansas we have a watered down bill (Acts 2007, No.845 codified as 20-9-1203) for reporting infections that is supposed to come into effect this year. Will it help stop the death and suffering…probably not. What we need is public outcry to implement the SHEA 2003 Guidelines in all our health care facilities. Ask your hospital if it follows the SHEA 2003 Guidelines.

Originally posted at InjuryBoard by Frank Bailey

MRSA And The Consumers Union Web Page

Frank Bailey — Mon, 27 Apr 2009 16:51:35 GMT

Stop Hospital Infections.org is a terrific site with real people and real stories. This is the end all of all hospital acquired infection sites. The site is published by Consumers Union, the publisher of Consumer Reports.

The site is full of useful information about state and federal bills to end hospital secrecy and save lives. One page lets you email President Obama, and Health and Human Services nominee Gov. Kathleen Sebelius to do something about this scorge on our country.

There are hundreds of stories about people who have been the victim of MRSA or a medical error or what has become known as a “never event.”

If you are interested in improving patient safety, I urge you to visit this site.

Originally posted at InjuryBoard by Frank Bailey

More Ways to Reduce Hospital Acquired Infections

Frank Bailey — Sun, 26 Apr 2009 18:00:00 GMT

Here are some more ways to reduce hospital acquired infections. A commenter to my blog about Guidelines to prevent infection, Dr Kadiyali M. Srivatsa gave a link to a very simple site. I like the site and think it would make a great poster for hospitals and nursing homes to have in every room.

Have you ever seen a nurse use the method Dr. Srivatsa describes? I know I haven’t, but it makes perfect sense.

Another Commenter to my blog about C. diff., Whitecoat, gave a link to a great site about the C. diff we have in our food.

I want to extend my thanks to all the people who have commented to my blogs about hospital acquired infections. Together, if we keep this chatter up, health care workers will eventually catch on, and we can save thousands of lives.

Originally posted at InjuryBoard by Frank Bailey