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New Jersey Governor Signs bill concerning Patient Safety

 

When a Patient goes in to the hospital, they expect and deserve to receive the proper medical care and attention. Most patients believe they will be better when they leave the hospital than when they came in to the hospital. Unfortunately, there have been many times where a patient comes in with one illness or problem and leaves with a new and different illness because of medical malpractice.  For example, otherwise healthy patients have been known to leave hospitals with factures, punctures, transfusion reactions, drama from birth and even surgery done in the wrong place. This has caused many patients much more worry and pain than before they entered a hospital.

 New Jersey is now one  of the first States to take action on this problem  In fact the Governor of New Jersey signed a bill yesterday, August 31, 2009 that will require the Department of Health and Human Services to report safety measures for patients on a hospital by hospital basis. This bill will also help protect patients from being charged for a hospital’s medical error.  This bill means that each hospital and all their procedures will be checked and reported on annually and then additional safety indicators may be regulated by the Commissioner of Health and Senior Services. The Department of Heath and Senior Services will include the following patient safety indicators in their reports:

  • forgein body left during a procedure
  • post operative hip facture (a facture after surgery)
  • latrogenic pneumothorax
  • postoperative hemorrhage or hematoma
  •  postoperative deep vein thrombosis or pulmnary embolism
  • postoperative sepsis
  • postoperative wound hiscence
  •  accidental pucture or laceration
  • transfusion reaction
  • birth injuries
  • Obstetric trauma- vaginal delivery with instrument
  • Obstetric trauma- vaginal delivery without instrument
  • air embolism
  • surgery on the wrong side, wrong body part, or wrong person, or wrong surgery performed on a patient

This list consists of concerns and conditions that can happen to a patient if the hospital is not following safety regulations. Some of these are minor and some of them are very serious. Never the less, they are all very important are things that should “never” happen in a hospital. They are called the “never events” for this reason.

 The Commissioner may consider recommendations from the Centers for Medicare and Medicaid, as well as the Commissioner requesting studies from the Quality Improvement Advisory Committee on how to get public reports on patient infections, bed sores,  ulcers, or falls by patients while in hospital care. 

This bill signed by the Governor yesterday on August 31, 2009 is another step towards better patient rights and patient care. After all, when you enter a hospital as a patient you should know that you are getting the best care possible. If you are not, you should be able to fight for your right to better patient care and services.

If you feel that your rights have been violated under this new bill, contact a New Jersey Malpractice lawyer,  right away for help regarding your rights.

 For more information regarding this bill and your rights you may visit:

New Jersey State Legislature

 

You and Your Car: Control Your Surroundings Around Your Children

Close calls on the road can be a scary thing, especially when they involve children. This morning, while dropping my children off at school, I had one of the most terrifying experiences of my life. After my youngest son got out of the car, he turned to wave, and ran off towards the building at full speed, anxious to meet up with his friends. He wasn’t paying attention, and ran quickly around the back of another car dropping off their own children. He ran right through their blind spot right as they began to back out, coming very close to getting hit by the rear end of the car. I could only look on in horror, and thankfully, he was fine. While I know my son is very aware of the danger of vehicles, and how to act around them, there are still many uncontrollable factors that lead to terrible accidents involving children. However, there are also many factors which are controllable, which if addressed, can prevent thousand of accidents each year. Below is a list of safety ideas to help keep your young children safe in and around vehicles.

Please follow the following recommendations to keep children safe:

1. Walk around and behind a vehicle prior to moving it.

2. Know where your kids are. Make children move away from your vehicle to a place where they are in full view before moving the car and know that another adult is properly supervising children before moving your vehicle.

3. Teach children that “parked” vehicles might move. Let them know that they can see the vehicle; but the driver might not be able to see them.

4. Consider installing cross view mirrors, audible collision detectors, rear view video camera and/or some type of back up detection device.

5. Measure the size of your blind zone (area) behind the vehicle(s) you drive. A 5-foot-1-inch driver in a pickup truck can have a rear blind zone of approximately 8 feet wide by 50 feet long.

6. Be aware that steep inclines and large SUV’s, vans and trucks add to the difficulty of seeing behind a vehicle.

7. Hold the child’s hand firmly when leaving the vehicle.

8. Teach your children to never play in, around or behind a vehicle and always set the emergency brake.

9. Keep toys and other sports equipment off the driveway.

10. Homeowners should trim landscaping around the driveway to ensure they can see the sidewalk, street and pedestrians clearly when backing out of their driveway. Pedestrians also need to be able to see a vehicle pulling out of the driveway.

11. Never leave children alone in or around cars; not even for a minute.

12. Keep vehicles locked at all times; even in the garage or driveway and always set your parking brake.

13. Keys and/or remote openers should never be left within reach of children.

14. Make sure all child passengers have left the car after it is parked.

15. Be especially careful about keeping children safe in and around cars during busy times, schedule changes and periods of crisis or holidays.

These precautions can save lives.

Medical Malpractice Attorney in New Jersey

Don’t Let Them Fool You – Health Systems can be Held Liable for Incidents at their Hospitals

Here’s an interesting legal tactic for you: In a negligence case brought against the system, the University of Pittsburgh Medical Center is apparently asserting that it doesn’t run hospitals, despite describing itself as an “integrated global health enterprise” in its own press releases. – Anne Ziegler, FierceHealthCare.com

Central to what might be the most interesting negligence trial in quite some time is the untimely death of Rose Lee Diggs. Ms. Diggs, an 89 year-old woman was being treated at the University of Pittsburgh Medical Center. Without any hospital staff noticing, and without any proper means to prevent her from doing so, Ms. Diggs got out of her bed, wondered down the hall, up the stairs, and to the roof of the hospital, where she would later be found dead. The suit, which contends that hospital staff delayed in reporting Mrs. Diggs missing and tried to remove evidence from the scene, names both UPMC Health System, and UPMC Presbyterian Shadyside as defendants.

However, in what might be one of the most interesting defense tactics I have seen yet, attorneys for the University of Pittsburgh Health System have asserted that even if there was a wrongdoing in the case of Mrs. Diggs, that the system would not be responsible. Its attorneys have taken the position that each hospital and healthcare facility within its system are independent, not-for-profit corporations which are solely liable for the negligence that occurs at their facility.

Although clever, this argument does not hold under law. In any lawsuit in which the hospital is held liable for malpractice and/or negligence, the Health System which funds, organizes, and operates that facility is also held liable. Of course, the final decision in this case regarding whether or not University of Pittsburgh Health System can be held liable will be up to the Judge hearing the case. Lets just hope she sides with the legal precedent, and common sense.

Help Pass The Medical Safety Device Act

In February 2008, the Supreme Court of the United States ignored Congressional intent and disregarded 30 years of experience under the 1976 Medical Device Amendments (MDA), during which FDA regulation and state tort law worked together to protect consumers from dangerous devices. The court’s recent decision in Riegel v. Medtronic gave total immunity to device manufacturers who fail to adequately warn consumers about device risks. The court, failing to understand that FDA approval does not mean a device is entirely safe, sided with the corporate world over the rights of its citizens, preventing the public from suing when a medical device fails and causes serious harm.

When patients with devastating injuries are unable to hold the negligent manufacturer accountable, the patient and the taxpayers are left footing the bill. For a patient with private health insurance, the health insurance would most likely cover the additional surgery. However, true to the nature of the beast, the price of that patients coverage will most likely increase, leaving that patient stranded to find a way to pay for their increasingly unaffordable health insurance, with no compensation for the physical limitations caused by the device’s failure.

For Medicare or Medicaid-covered patients, the costs of the additional medical care are passed to, that’s right, you, the taxpayers. And for patients who can no longer work, they may need additional taxpayer supported programs, such as Social Security disability. All this cost shifting does nothing to help the injured patient, drains public funds, and does not encourage the manufacturer of the faulty device to fix the problem.

So what can be done? Write to your state and federal representatives and let them know you support the Medical Device Safety Act of 2008. What will it do? The bill simply does two things:

1) It restores Congressional intent by explicitly stating that actions for damages under state law are preserved.
2) It makes the amendment retroactive to the date of enactment of the Medical Devices Amendment of 1976.

The court took the decision-making process out of the hands of Congress and of the court system and put it completely in the hands of FDA bureaucrats. State legislators and attorneys general are joining the cause of rolling back the situation to before the Supreme Court’s decision and restoring the status quo in effect for decades. An American who thinks people should have some access to the courts – any access at all – should be for the act, because right now, in these situations, there is no access, and that’s not the American way.

For more information, please click here.

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Chamber of Commerce: Business As Usual at a Theater Near You

In what seems to be an endless bombardment of spin campaigns, the chamber of commerce has now cracked into the movie business, by releasing a trailer to be shown in Washington, D.C. area theatres. Titled’ “The Faces of Lawsuit Abuse,” The Chamber has once again launched an attack against the world’s best legal system in an attempt to shield their exclusive members from lawsuits.

By shamelessly exaggerating isolated issues of what some would call questionable legal practices, the chamber is attempting to invalidate the entire civil legal system of the United States. Although they insist that their goal is to protect everyday citizens from greedy trial attorneys, the truth is that this campaign is just a new phase of their longstanding credo that negligent corporations should never be held accountable. Period.

The consequences of the chamber reaching their goal would be disastrous. Throughout American history, the legal system has combated against the corporate structure and won the right to protect its citizens from the profit driven manufacturers of today’s modern society. From the food we eat, to the toys our children play with, all products sold to consumers today would not be nearly as safe as they are if it were not for the modern legal system. If the Chamber had its way, parents would have never been able to sue when a defective crib killed their child, veterans of Vietnam would not have been compensated for their exposure to deadly toxic agents, and citizens would have never been properly warned of the dangers of tobacco.

The irony of it all is, that while the Chamber doesn’t want everyday Americans to use the legal system, they are actually one of the biggest lawsuit-filers in Washington. Except in their case, Chamber sues on behalf of Wall Street banks, oil companies, and lead paint manufacturers.

Let the government know how you feel about this immoral attack on the best legal system in the world. Write to your local and state representatives and let them know that you do not want the Chamber of Commerce walking on our constitution in order to protect the wallets of its contributors.

Medical Malpractice Attorney in NJ

Legal Side Effects or Legal Remedy?

In May’s issue, Kate Wilcox stated that a recent U.S. Supreme Court’s decision left drug companies “wide open for lawsuits” because it allowed juries to hold negligent drug companies accountable for harm they cause. The principles expressed by the Supreme Court in the Wyeth decision require federal regulations to improve transparency and public participation in the FDA regulatory process. Also, the decision recognized the state civil justice system provides an additional protection against billion dollar pharmeceutical companies when government regulations fail, and therefore agencies must limit their attempt to preempt state law, except in cases when Congress has explicitly stated its intent to do so. The decision upholds laws that are much needed, especially in light of the long standing practice of pharmaceutical companies to sponsor and pay for the, “research,” of the drugs they make. This practice allows the companies to market the drug’s positive effects while concealing the dangerous side effects that harm patients. The Court’s decision upholds important constitutional rights afforded to all citizens in this country and should be welcomed by a journal that promotes scientific study.

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CONSUMER ALERT – State Farm Recalls “Good Neigh Bears” Due to Choking Hazard

The U.S. Consumer Product Safety Commission and Health Canada announced a voluntary recall by State Farm concerning a children’s toy bear. The bear figures, manufactured in China, were handed out by State Farm agents and given away at State Farm sponsored events over from 2005 on to the present.

The eyes on the toy bear can be removed, posing a possible choking hazard to children.

The US Consumer Product Safety Commission suggests that consumers should immediately take these toys away from children and discard them.

For additional information, contact State Farm toll free at (877) 226-8079.

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CONSUMER ALERT – CHILD SAFETY SEAT PERFORMANCES ARE UNDER PAR

“In a government crash-test video, the infant car seat flies off its base, smashing the baby dummy – still strapped into the carrier – upside down and face-first into the back of the driver’s seat.” (Patricia Callahan, Chicago Tribune).

A deep look into the data of several tests carried out by the National Highway Traffic Safety Commission (NHTSA) has revealed an industry-wide problem regarding the testing of safety for child car seats.

In a crash test study by the NHTSA, a total of 31 child safety seats flew off their bases or exceeded injury limits in a series of frontal crashes. These results however, were never released to the public. Why? Because the performance of these child safety seats was not the primary concern of the testers; they were only concerned with the general safety of the vehicles being crashed. It took a Chicago Tribune investigation to unearth these troubling results, and bring it to the public attention.

What this newspaper investigation has revealed a possible lack of rigor in the safety testing for child safety seats. Perhaps more important however, is the revelation that parents simply are not given any information they need in order to make an educated purchase. “You can compare the safety ratings for cars, but not for the safety of car seats. Parents often have no way which seat fits best in their car and whether conventional wisdom is accurate.” (Patricia Callahan, Chicago Tribune)

Joan Claybrook, president emeritus of the advocacy group Public Citizen and former administrator in the NHTSA was straightforward in her response, stating, “What you’ve uncovered totally reveals the flaws in the current safety standard and also NHTSA’s negligence in not reporting this to the public.” Fortunately however, this recent uproar has come to the attention of the newly installed Transportation Secretary Ray LaHood, who in a written statement said he ordered a, “complete top to bottom review of child safety seat regulations,” while also directing the staff of the NHTSA to make results “more available” to the public.

At this point, it appears that the Federal Government has gotten the message, responding that it will toughen safety standards and increase public accessibility to results when testing child safety seats. Unfortunately, the corporate world has not gotten the message. Among the failing restraint systems in the federal test was a product called the “SafeSeat,” by the Graco Corporation. In a response to the Tribunes investigation, Graco released a written statement explaining that the failed seat was, “anomalous, not a repeatable event,” and that the tests were, “worthless for the purposes of evaluating and comparing infant restraint system performance.”

It appears that there is a lot left to accomplish in order to get the government to properly regulate the safety of infant restraint systems, and to get corporations to live up to those standards. In the mean time however, the best weapon a parent can have while purchasing a child safety seat is knowledge of important safety factors and an ability to compare across brands. If you are currently searching for a child safety seat for your family, please visit KeepKidsHealthy’s website on child safety seats.

If your family has been victim to a failing child safety seat, please do not hesitate to contact an attorney immediately.

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Chrysler Removes Body from Funeral

A graveside subpoena has kept a New Jersey man from his final resting place, and now members of his family are venting their outrage. Unfortunately, the family of the late Harold St. John is the most recent victim of the corporate legal machine.

In a desperate attempt to gain some ground in an ongoing lawsuit, the Chrysler Automobile Company demanded the body of Harold St. John be removed from his funeral service so additional tests could be performed. His remains have unfortunately become part of the legal tug of war surrounding a lawsuit Harold St. John’s exposure to asbestos while working for his father’s auto shop.

Harold St. John was diagnosed with Mesothelioma, a rare disease that is most commonly linked to asbestos exposure. While installing brake liners in his youth, Harold was constantly exposed to the dangerous chemical. As a result of his illness, he sued both Chrysler and Honeywell.

According to the family, the removal of the body was completely unwarranted. Chrysler’s claim was that the body needed to be removed in order to attain tissue samples, and discover the cause of death. However, Harold had undergone several extremely painful biopsy procedures to provide sufficient tissue samples while he was still alive.

Thus, the family has been left confused, only able to speculate why the Chrysler Corporation would get a court order for the remains of their father the day of his service.

“They waited until we all left, I don’t get it,” stated his son.

“The have all the evidence they need,” reports his late wife. “It’s a stall tactic. They’re ruthless.”

(WCBS-2, Cranbury, New Jersey)

Indeed, it would seem that respect for the dead and mourning don’t apply when it comes to Chrysler’s corporate agenda.

AIG – Arrogant, Ignorant, and Grossly Immoral

We have all read the headlines over the past months worthy of making an individual sick. Constantly we are told of how drastically irresponsible some insurance and financial institutions have been with the bailout money they have received from the Federal Government. At the top of that list sits AIG.

You may remember this, from an article in the Washington Post, dated October 8th, 2008:

Only one day after it was revealed that AIG had sprung for a $440,000 spa vacation shortly after getting an $84 billion government-loan bailout comes this report: The government is loaning AIG another $38 billion.

If that wasn’t enough to make you gag, wait until you hear this. While spending exorbitant amounts of taxpayer dollars on pedicures and vacations, AIG has been simultaneously dragging a suffering family through the mud for over a decade. After a fatal fire killed two Brooklyn firefighters in a, “fireproof,” building insured by AIG, the families of Lt. Joseph Cavalieri and Christopher Bopp were awarded several million dollars in damages by a unanimous jury decision.

AIG however, has continued to refuse to pay. By exploiting the appeals system of the courts, AIG has dodged payment for over 10 years.

“How do you possibly appeal something like this?” Mother of Christopher Bopp, Deloris Bopp recalled saying when she first heard of the appeal. Indeed, it seems hard to find grounds on which to appeal when the jury only needed an hour to award the families with $10 million dollars.

As the appeal was moving forward, the wheels began to fall off the oversized AIG corporate machine. When Ms. Bopp found out that AIG would be receiving $85 billion in bailout money, she became furious, and rightfully so.

How can a company pay millions of dollars in bonuses and all expenses paid vacations for its employees, while denying payment of the $10 million dollars that is rightfully owed to the victims under their policy? Easy: by taking massive amounts of taxpayer’s dollars and ignoring all moral responsibility to the public.