Abell's Kentucky Law Blog

Nursing Home Rating System Introduced

A five-star rating system for nursing homes was announced Thursday, December 18, by the federal Department of Health and Human Services, see http://www.medicare.gov/NHCompare.  

The ratings are drawn from three sources of data:

• health inspections
• staffing 
• quality measures   

The starred rankings indicate the following:

• five stars = much above average 
• four stars = above average 
• three stars = about average 
• two stars = below average 
• one star = much below average 

According to a report in the New York Times, "Nursing Home Industry Worries About New Ratings," 22% of nursing homes received the lowest rating of one star, while only 12% received the highest rating of five stars.

Families trying to select a nursing home may find helpful this nursing home checklist.  Additional information to help select a nursing home can be obtained from Kentuckians for Nursing Home Reform orNursing Home Ombudsman Agency of the Bluegrass. 

Robert L. Abell

www.RobertAbellLaw.com

        

Hospitals Liable For Patient Infections

Patients and patient's families are having increasing success in holding hospital's liable for preventable infections, according to the Wisconsin Law Journal, "Hospital Infections Spread, So Do Lawsuits."  Patients in Missouri, Massachusetts and Utah have recently succeeded in holding hospitals' liable for injuries caused by infections such as Methicillin Resistant Staph Aureus (MRSA) and necrotizing fasciitis, a flesh-eating bacteria. 

The Center for Disease Control (CDC) reports that 90,000 deaths occur annually from hospital-acquired infections and about 2 million hospital-acquired infections are reported each year.  In recognition that most hospital-acquired infections are preventable, Medicare stopped reimbursing hospitals for treatment related to hospital-acquired infections on October 1, 2008.  

A leading family safety advocate on the issue of hospital infections is the Committee to Reduce Infection Deaths (RID), whose website has much helpful information.

Robert L. Abell
www.RobertAbellLaw.com

Patient Abuse At Richmond Nursing Home Documented On Videotape

A family has documented by videotape the abuse of a family member at a Richmond nursing home, Madison Manor, the Lexington Herald-Leader reports, "Videotape At Nursing Home Documents Abuse."  Family members of an Irvine woman, Armeda Thomas, noticed bruises on her and could not get a straight answer from the nursing home staff.  So to find out the truth they installed a videocamera in her room.  The camera filmed numerous instances of physical abuse, failure to properly feed, and numerous other instances of neglect.  The nursing home has been cited by the Kentucky Cabinet for Health and Family Services.

Madison Manor is owned by Extendicare, a Wisconsin-based company.  Extendicare has been and is involved in numerous patient abuse and neglect lawsuits.  A lawsuit in Washington state alleges that an Extendicare nursing home there violated a consumer protection law by advertising high-quality, skilled nursing care and failing to deliver and another law that that bars nursing homes from making residents sign a form waiving liability for injury or property loss, according to seattlepi.com.  Also reported is that federal records show that nearly all of Extendicare's Washington homes have higher-than-average scores for health deficiencies from state inspectors. A class action lawsuit filed in Wisconsin claims that Extendicare fraudulently advertised its services and intentionally admitted more acutely ill residents without hiring enough staff to properly care for them, according to the Milwaukee Journal-Sentinel, "Class-action suit filed against Extendicare nursing home."  The Chicago Nursing Home Lawyer Blogreports a similar class action lawsuit was filed against Extendicare in Minnesota. 

Kentucky families with concerns about a nursing home, or the care a family member is receiving in a nursing home or about the possible abuse or neglect of a family member or loved one in a nursing home can find help by contacting or visiting the web site of Kentuckians for Nursing Home Reform or Nursing Home Ombudsman Agency of the Bluegrass. 

Robert L. Abell
www.RobertAbellLaw.com

Elderly Diabetics Face Greater Risk From Drug

Elderly diabetics taking the drug rosiglitazone, which is sold under the brand name Avandia, face a greater risk of developing congestive heart failure a Harvard Medical School report has found, according to the New York Times, "Diabetes Drug Linked To Higher Rate Of Death."  The study tracked 28,361 Medicare beneficiaries for up to five years and found that death rates were 15% higher and incidents of congestive heart failure 13% higher for those treated with rosiglitazone compared with those taking pioglitazone. 

Robert L. Abell

www.RobertAbellLaw.com  

HIPAA Violated By Defense Counsel's Interviews of Plaintiff's Prior Treating Physicians

HIPAA prohibits disclosure of protected medical information, except under certain circumstances.  One circumstance is in the course of a judicial proceeding in response to a court order, subpoena, discovery request "or other lawful process."  The Georgia Supreme Court has ruled in Moreland v. Austin, No. A08G0498 (November 3, 2008), that informal interviews by a defendant's attorneys of the plaintiff's prior treating physicians violated HIPAA.  HIPAA requires, the court explained, defendant's attorney to first obtain a valid authorization, or a protective order, or ensure that the patient has been given notice and an opportunity to object to the ex parte contact. 

Robert L. Abell
www.RobertAbellLaw.com

Mislabeled Insulin Syringes Recalled

Mislabeled insulin syringes manufactured by Covidien. Ltd. and sold by Wal-Mart and Sam's Club stores have been recalled, according to a report in the New York Times, "Insulin Syringes Are Recalled."  The recall was announced by the Food and Drug Administration.  The mislabeling could cause patients to receive 2.5 times the normal dose; approximately 471,000 syringes, which go by the brand name ReliOn, are said to affected.

Robert L. Abell
www.RobertAbellLaw.com

Nursing Home Safety & Health Violations Reported

94% of nursing homes were cited last year for violations of federal health and safety standards.  Unsurprisingly, for profit homes were cited for violations more frequently than not for profit or government-operated homes.  Nearly 20% of the violations involved "actual harm or jeopardy" to patients. Frequently cited problems included medication errors, failure to feed properly, infected bedsores and abuse and neglect of patients.  The New York Times reported on the review conducted by the federal Department of Health and Human Services, "Violations Reported at 94% of Nursing Homes."  The report can be viewed at the Department's website by clicking here.  

Robert L. Abell

www.RobertAbellLaw.com

 

Drugs Being Investigated Listed by FDA

The Food and Drug Administration (FDA) has begun posting quarterly lists of drugs that it is investigating for possible safety issues.  That a drug is listed does not mean that it has safety problems, just that a report has been received from a patient, doctor or even a drug company itself about a possible safety issue with a drug.  The FDA will list each drug and the general nature of the problem reported regarding it but will not detail the number of complaints about it or the seriousness of any of the events.  The current list can be seen by clicking here.

Robert L. Abell
www.RobertAbellLaw.com 

Pregnant and New Mothers Endangered by Proposed FDA Rule

Pregnant and new mothers are endangered by a proposed FDA rule that will allow drug companies to omit information on their warning labels about dangerous side effects of their products.  For leaving out this important information the drug companies would receive the prize of immunity from lawsuits through the doctrine of preemption.  That's justice under the Bush Administration: create a rule that allows drug companies to harm pregnant and new mothers and get away scot-free.  The ever-vigilant American Association for Justice has protested adoption of the proposed rule that you can read by clicking here. 

Robert L. Abell
www.RobertAbellLaw.com

Delays Caused By Insurance Companies Harm Patients, Doctors Report

Doctors responding to a survey investigation conducted by the Toledo Blade reported that 14% of their patients had suffered "serious harm or injury" because of delays in care caused by their patients' insurance companies, see "Not What the Doctor Ordered: Delays, Denials Thwart Patients Hoping for Help."  920 doctors, including members of both the American and Ohio Medical Association, responded to the survey.  Nearly all -- 99% -- reported that insurance companies had interfered with their clinical decisions regarding treatment of their patients. 

There is often no real remedy or relief for a patient or a patient's family that is killed or seriously injured because their insurance company would not pay for the treatment and care their doctor directed.  That is because most people's medical insurance comes through their job and therefore is covered by a federal law known as ERISA (stands for Employee Retirement Income Security Act).  When an insurance company denies medical treatment in this type situation, the only remedy that the insured patient (or the insured patient's family) can recover is the cost of the treatment.  And that will occur only if the insurance company's decision is deemed "arbitrary and capricious."  If the patient dies as a result of the insurance company's arbitrary and capricious denial of the treatment, there are no damages recovered by the family, no lost income or anything but the cost of the denied treatment.  ERISA is protection for outrageous insurance company practices.

Robert L. Abell
www.RobertAbellLaw.com