5 Ways To Detect Nursing Home Abuse

While some acts of nursing home abuse are blatantly obvious (such as a loved one kept in an over medicated state for no reason), others are more subtle and may be overlooked by family or friends. If your loved one displays the following characteristics while residing in a nursing home facility, chances are he/she has been the victim of abuse.

Bedsores or Open Wounds– Nursing homes often insist that bedsores are natural and to be expected among frail or immobile residents. Sadly, many families believe this lie and watch helplessly as their loved one experiences pain and sometimes fatal complications as a result of these sores. The truth is that 99% of bedsore cases are the result of abuse and negligence. Nursing homes have strict guidelines that require them to move patients every 2-3 hours and keep their sheets/ garments dry to prevent moisture from irritating the skin. If your loved one has a bedsore, it is likely that this regiment was not followed by the staff. Upon detection of a bedsore, family members should insist that he/she is moved to a medical facility for treatment and contact an attorney to discuss your rights against the nursing home.
Unexplained bruises, cuts, burns or fractures– While it is true that accidents may happen among weak and frail nursing home residents, families should be suspicious of any injury sustained at the facility. Sometimes residents are dropped or abused while in a medicated state and therefore do not remember what happened to them. Family members should not be afraid to ask questions about the situation. If the nurse or aid seems to hesitate or offer a vague explanation, chances are your loved one is being mistreated or neglected by the staff.
Torn, Bloody or Stained Garments– If you notice torn, bloody or stained clothes, there is a good chance that your loved one has been the victim of sexual abuse. Sexual abuse is prevalent in nursing homes, especially among residents who are heavily medicated or have short-term memory problems. Unexplained venereal disease or genital infections are other signs of sexual abuse. Again, if you are not given a satisfactory reason for torn or stained garments or what seems to be a genital infection, remove your loved one from the facility immediately and report your suspicions to local authorities.
Refusal or Delays to Visit the Resident– Family members should be immediately suspicious if the nursing home staff stalls before allowing a visit or openly denies a spontaneous visit in the absence of a medical reason. Family members should also be suspicious of any nursing home that will not allow the resident to have a private visit with a family member. This is a way to intimidate or prevent the resident from reporting the staff for any abuse or neglect that they have experienced.
Abrupt changes in the resident’s financial documents or will– While a resident has the right to amend personal documents, family members should be suspicious if these changes happen abruptly or if the resident does not remember making such changes. The resident may have been coerced into changing the documents or giving out account numbers while under the influence of medication or after threats of physical harm.

If your loved one has displayed any of the warning signs listed above, you must act immediately to ensure the situation does not get worse. In the case of neglect, call every three hours to make sure the resident has been moved, groomed, bathed, etc. If you suspect sexual or physical abuse, consider moving the resident to a different facility. On the other hand, if you know for a fact that such abuse is taking place, move the resident immediately and contact an attorney to file suit against the abusive staff member and nursing home facility.

Most importantly, get involved in your loved one’s treatment and daily care. Family members make the best advocates for nursing home residents. When family members visit often and ask questions, staff members will be hesitant to engage in abusive activities or provide substandard care. Residents have rights, and involved family members will ensure that those rights are not violated by predators or careless staff.

For further information on nursing home abuse, click on the following links:

New Jersey Nursing Home Abuse Lawyers

US SUPREME COURT FAILS TO CURTIAL IRS WHISTLEBLOWER CLAIM

This past April, the United States Supreme Court announced its decision that it would not review the case of Murphy v. IRS. Consequently, the IRS can continue to tax damages awarded to victims of whistleblower retaliation and other civil rights violations — even though such damages are not income. Under previous law, whistleblowers that were awarded significant compensation received those funds “tax free’. This law was consistent with earlier court decisions, which stated that compensation for whistleblowers was not income and, therefore, any tax on a whistle blower”s damages violated the United States Constitution.

Unfortunately, because the Supreme Court decided not to hear the Murphy case, whistleblowers and victims of civil rights violations will have to personally fight the IRS in its taxation claims.

Fortunately, a bill is pending in Congress entitled Civil Rights Tax Relief Act of 2007 (“CRTRA’). This legislation would amend the tax code to end the improper and unfair taxation of whistleblower damages as well as other damages awarded to individuals who have suffered unlawful civil right violations and discrimination in the workplace. Hopefully, this bill will get some traction in that it is supported by both employers and employees and has unusually broad bipartisan support from members of Congress.

For further whistleblower lawsuit information, click on the following links:

Whistleblower Lawyer and Lawsuit Information

CVS WHISTLEBLOWER SUIT SETTLED FOR $36.7 MILLION

On March 18, 2007, CVS agreed to pay $36.7 million as a result of allegations that the company improperly switched patients from the tablet version of the prescription drug Zantak to a more expensive version in order to increase Medicaid reimbursement. The fraud was brought to light by a Bernard Listiza, a pharmacist in Washington, DC. Following extensive negotiations between the US Attorney”s Office and CVS, CVS agreed to pay $36.7 million for defrauding the government. The United States” share of the settlement was approximately $21.1 million, with 23 states and the District of Columbia sharing $15.6 million. More importantly, the pharmacist, Mr. Listiza, received $4,309,330.74 as his share of the settlement.

For further information on whistleblower lawsuits, click on the following links:

Whistleblower Protection

Whistleblower Lawsuits For 2005 Total $1.1 Billion in Settlements

The Federal Government issued a report stating that in 2005 alone, whistleblower lawsuits resulted in a recovery of 1.1 billion dollars to the United States Government. The actual whistleblowers that brought these claims to light were awarded $166 million dollars for their involvement.

One of the largest cases from 2005 involved a whistleblower that discovered Medicare had made $21.7 billion in improper payments to doctors, hospitals and insurers in 2004. After the government recouped the money, the whistleblower was awarded over a billion dollars in compensation.

Similarly, in March 2005, a whistleblower that had previously worked for defense contractor Northorp, was awarded $12.4 million after the company settled their $1.33 million lawsuit for overcharges to the Pentagon for massive fraud and over-billing.

For further information on whistleblower lawsuits, click on the following link:

NJ Employment Lawyer: Whistleblower Retaliation and Lawsuit Information

Where and When Was Contaminated Heparin Given in the US?

How Do I Know If My Reaction Was Linked To Heparin?

Every patient that has been hospitalized in the last year wants to know where and when contaminated heparin was administered in the United States. Sadly, no one knows. To date, the most concrete information issued by the FDA suggests that contaminated vials may have been introduced to the market as early as 2006. However, the FDA notes that the majority of injuries have been reported between January 2007 and the recall in early 2008.

Patients who have experienced weird reactions after heparin use can only wonder what, (if any) effect did the heparin have on their body. This is especially true in the case of high-risk pregnant mothers who were given heparin regiments to prevent clotting and dialysis patients who have died instantly during treatment. Families are scared, and at the very least, they want answers.

My Personal Investigation Into Heparin Contamination

Like many people who have had a loved one mysteriously die this year or experience strange reactions after heparin use, I too have become very suspicious of the drug and the allergic reaction my mother had following her abdominal hysterectomy in 2007.

My mother came through the surgery with flying colors, but became strangely ill during the recovery process. During that time, it is believed she was given heparin to prevent blood clots while she was on bed rest. Shortly thereafter, she started experiencing chest pains, irregular heartbeat and a swollen throat that affected her ability to breathe. Consequently, she was hospitalized, given every test in the book, but the doctors could not figure out what was causing these serious reactions.

For months, she swore something happened during that surgery. She insisted to every doctor on her case that the surgeon must have left behind a sponge or a tool in her body that was making her sick. Needless to say, now our family is in the same boat as many of you in trying to figure out if contaminated heparin could have caused this problem.

What Do I Do If I Was Given Bad Heparin?

Based on my own personal experience with the heparin problem, I can tell you that people are calling product liability lawyers such as those in our firm. They want answers, they want explanations-but they just are not getting them from the FDA. As a result, these people turn to lawyers to help them investigate. Again, based on my own experience, I understand the desire to hold the drug companies accountable for the pain and suffering of a loved one. In my opinion, purposely including a deadly contaminant in heparin to save a buck is unacceptable and the Chinese and American manufacturers should have to pay for the harm it has caused our families.

As I have said before, if you or a loved one is a dialysis patient, a heart patient, or was placed on heparin during a high-risk pregnancy or during a period of bed rest, contaminated heparin may be to blame for serious reactions including swollen throat, shortness of breath, blood pressure problems, shock or death. Our firm is aggressively looking for answers and we encourage you to contact us if you have any questions regarding tainted heparin and the reactions it has caused in you or a loved one. Our nurse will evaluate your medical history to determine whether a link exists between your symptoms and contaminated heparin.

If you wish to speak to someone about this issue, call toll-free (856) 833-0600 in New Jersey, (215) 567-2380 in Pennsylvania. You can also fill out the case evaluation form on the right side of the page and our nurse will contact you as soon as possible.

Why Does a Trial Lawyer Say "NO" To Most Medical Malpractice Cases?

Finding a lawyer to handle a medical malpractice case is very difficult for many reasons. The first (and most obvious reason) is that many lawyers are not experienced, skilled or talented enough to handle such a complex case up and through trial. However, there are other reasons beyond the ability to find a capable lawyer.

Every day we meet with ordinary folks about potential medical malpractice cases. This is not surprising as statistics show that medical negligence kills and harms patients and families at an alarming rate. Many times, the same doctors commit the same error time and time again. As a trial lawyer, I wish I could hold every doctor accountable for the mistakes and harm they cause. Unfortunately, that is not possible. The medical malpractice insurance companies, lobbyist and doctors have spent millions of dollars to make ordinary people believe that there is a medical malpractice crisis in this country. Potential jurors see this propaganda every day in the media. Doctor’s offices are plastered with posters threatening to leave the state. These myths portray doctors as the victims of lawsuits. As a result, jurors are less and less likely these days to decide a case against a bad doctor who injures an innocent patient.

As a result, many times I have to meet with families and their loved ones who are victims of medical malpractice and tell them that I can not represent them. These people have cases that are not frivolous, but have true merit. Unfortunately, because it is very difficult to convince a jury to hold a doctor or hospital legally responsible even in clear cut cases, trial lawyers (including myself) are forced to be very selective in the cases they choose to bring.

Remember, a trial lawyer works for free. That is, a trial lawyer does not get paid unless his or her client gets a recovery. Malpractice cases cost on average, between $20,000 to $40,000 in out of pocket expenses. These are resources that the trial lawyer must pay “up front” and without any guarantee of being reimbursed. In addition, a trial lawyer will commit hundreds of hours in time in research, discovery, trial preparation and trial. When out of pocket costs and legal hours are combined, a trial lawyer must be prepared to commit $150,000 to $250,000 per case. More importantly, since there are only so many hours and so many cases a trial lawyer can work, if he commits to one case, he can not commit to others. As a result, the sad fact is that it is getting more difficult for true victims to get justice in the courts.

For further information on medical malpractice lawsuits, click on the links below:

New Jersey Medical Malpractice Attorneys

Bed Sore Resources for Patients

This blog sets out resources for Bed Sore Patients. As was revealed recently, bedsores and pressure ulcers cost society over $50 Billion dollars annually. See the Bed Sore Costs Billions article (that’s a 50 with 9 zeros after it!)

Fortunately, there are many professional organizations dedicated to education, awareness and prevention of bed sores. For example, the National Ducubitus Foundation, is a leader in bed sore research. Organizations like the Wound, Ostomy and Continence Nurse Society, the American Professional Wound Care Association, and the National Pressure Ulcer Advisory Panel (NPUAP) also work on publishing bed sore, pressure ulcer and nursing home abuse prevention guidelines for health care professionals.

The Mininno Law Office promotes bed sore awareness and patient advocacy. Check out Bed Sore Costs Billions, and Practical Tips for Avoiding Bed Sores.

The Mininno Law Office Ezine publication, Patients Advocate’s Guide to Preventing Bed Sores, has been widely distributed to bed sore patient families.

Check back each week for more bed sore and pressure sore resources.

Should Tainted Heparin and Trasylol Victims Be Concerned With The Upcoming Drug Case Before The Supreme Court?

There is no doubt that tainted Heparin victims, Trasylol victims and lawyers alike are concerned with the upcoming decision on Wyeth v. Levine, which is scheduled for a ruling by the Supreme Court this fall.

The issue in this case is whether drug companies should be immune from product liability suits concerning dangerous or defective products if they had prior approval from the FDA. Specifically, the appeal filed in Wyeth v. Levine seeks to overturn a $6.8 million judgment awarded to a Vermont woman that lost part of her arm after doctors injected her with a nausea drug. The lawyers for the drug manufacturer claim that the company is not liable for her injuries because the drug met all necessary FDA requirements and ultimately received FDA approval.

One can only hope that the Supreme Court will see this argument for what it is-just another attempt by a billion dollar drug company to avoid responsibility for a defective product. I heard someone recently put it this way, “So because I passed my driver’s test and the State gave me a license, you can’t sue me if I carelessly wreck your car.” I think that analogy shows just how ridiculous this argument is. Even if you break it down to the issue of “fairness”– no person in their right mind can justify how a woman who is permanently disabled because the FDA and a multi-billion dollar pharmaceutical company released a dangerous product on the market should be faced with economic hardship because her disability check barely pays the bills. Where is the justice in that?

Furthermore, lets consider the people who’s loved ones were killed after receiving a lethal injection of contaminated Heparin. Consider the anxious mothers who became seriously ill after they were placed on a Heparin regiment during pregnancy and are now scared to death of the effects it may have had on their unborn child. How about the patients that sailed through heart surgery, only to die in the recovery room after a lethal dose of Trasylol?

Clearly, a Supreme Court ruling in favor of the drug companies will be nothing more than a license to push questionable drugs through the understaffed FDA and make billions of dollars at the expense of the American people. This is not justice and we can only hope that the Court rules in favor of the little guy in this situation.

Free Legal Advice: Medical Malpractice

Heparin Update: FDA Says Contamination May Be Intentional

While I am not surprised by this news, it still saddens me to report that the FDA and CEO of Baxter announced this week that the contamination of Heparin (which has been linked to 81 deaths and over 700 allergic reactions), may have been intentional. (The full story can be found on USA Today”s website.).

Ironically, that same report states that the Chinese plant accused of intentionally contaminating the Heparin supplies passed an audit by Baxter International just months before the recalls. The FDA then conducted an audit of its own after Baxter broke the news, only to find the facility lacked the appropriate equipment to remove impurities from the drug. And what was Baxter’s pathetic response? Apparently, Baxter CEO, Robert Parkinson, testified before a Congressional hearing that “the Baxter audit was ‘routine,’ while the FDA”s was an ‘inspection for cause.'”

So what exactly was the purpose of Baxter’s “routine” audit? An executive vacation to China? A networking event? Obviously it has nothing to do with patient safety or the contaminant would have been found before it made its way into 11 countries and killed 81 people so far. This is especially true when you look at the details surrounding the contamination. According to USA Today, an investigator for the House subcommittee found that:

…the chemical mimics the effect of manufactured heparin but costs one-hundredth as much. The heparin case has similarities to last year”s recalls of Chinese-made flour used in pet food. The ingredient was contaminated with the industrial chemical melamine, which makes the flour appear more protein-rich than it was. As with melamine, standard industry tests for heparin were not designed to find the contaminant.

Clearly, the goal in China is to use the cheapest materials possible and make the highest profit possible at the expense of consumers. And since the FDA essentially allows drug companies to police themselves until complaints begin to surface, this continues to be a successful plan for Chinese manufacturers and US pharmaceutical companies. Maybe when Baxter’s CEO is faced with the death of a loved one because of a dangerous drug product, then consumers might be afforded better protection than what they are receiving now.

Medical Malpractice and Serious Injury Page

How Long Do I Have to File A Medical Malpractice Lawsuit in New Jersey (NJ)?

New Jersey Medical Malpractice Statute of Limitations for Adults
Medical malpractice lawsuits are governed by a statute of limitations, or a specific time limit on when you can file a claim. In the case of an adult, a medical malpractice lawsuit in NJ must be filed within two (2) years from the actual date of the incident, or two (2) years from when the patient actually discovers the injury (or should have reasonably discovered the injury).

New Jersey Statute of Limitations For Minors and Birth Injury Cases
The statue of limitations for medical malpractice in New Jersey involving a minor is also two (2) years. However, the two-year statute of limitations starts on the minor”s eighteenth birthday. If a malpractice lawsuit is not filed by the age of twenty (20), the minor is barred from ever bringing that claim. Similarly, in the case of a New Jersey medical malpractice suit involving a birth injury, a claim must be filed by a minor”s thirteenth birthday.

For further information on Medical Malpractice in New Jersey, click on the following links:

New Jersey Medical Malpractice Attorneys