Last week, Republicans introduced tort reform legislation that would make serious changes to current medical malpractice liability and infringe upon the rights of patients nationwide. Malpractice liability has been a hot topic of debate for quite sometime, and after the introduction of this bill, many people have varying opinions on the issue.
HEALTH Act Unlikely to Pass
While the bill has a good chance of winning passage in the House, it most likely will face intense opposition in the Senate. Senate Judiciary chairman, Senator Patrick Leahy (D-VT), has always opposed caps on damages and instead supports lifting anti-trust immunity for insurance companies in hopes of sparking competition within the industry and subsequently lowering premiums.
White House aides have provided that President Obama is strongly opposed to placing caps on damages for injured patients, but would be open to utilizing other avenues of resolution, such as “health courts” or special arbitration systems.
Illinois and Georgia have recently struck down state-wide caps on liability, arguing that they violated their state constitutions. Liability caps are an unfair advantage to insurance companies and severely negligent medical providers, as it is in the worst cases that juries are inclined to offer large sums of money for pain and suffering.
California has been using a cap system since 1975 and claims that those caps are what keep insurance rates low. However, consumer groups in the state maintain that California’s regulations on insurance rates are what serve to keep premiums low, not their caps on liability.
Medical Malpractice Lawyers in New Jersey and Philadephia
If tort reform is a way to keep premiums low, why not skip the middle man and fix the actual problem; insurance companies charging astronomical amounts of money to protect their clients. Limiting the awards to an injured victim of malpractice may or may not change insurance premiums. Without regulations on the industry, insurance companies will remain free to charge whatever they like. The answer to our current healthcare problem cannot be found by limiting patient rights.
If you or a loved one have suffered at the hands of a neglient medical provider, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. Let the medical malpractice lawyers at the Mininno Law Office earn you the compensation you need and deserve.
It is important that nursing home staff be fully trained in how to deal with the special needs of nursing home patients so that physical abuse does not occur. It is also important that a patient’s family be aware of the signs of abuse. Some of the more obvious signs are bruising, cuts, unexplained marks, broken bones, and a variety of injuries in various stages of healing. It is also important to listen to the patient. A resident’s report of violent behavior, such as being hit or mistreated, must be investigated. Sometimes, a nursing home patient’s sudden change in behavior can be a sign of nursing home abuse or neglect and should absolutely be investigated. 
As medical malpractice lawyers, we find that those who accuse medical malpractice claims of being frivolous do not understand the extent of the damage done to people’s lives when negligent doctors make irreversible mistakes. Tort reform would only serve to harm those who are already victims of their health system, and reduce liability for those companies that, by merit of their missions, should be working for their consumers, not against them. 
One way to prevent bed sores from forming is to have a staff that is properly educated. Educational programs about bed sore and pressure ulcer prevention should be made mandatory for all levels of health care providers. They should also be made available for patient families so that they can make sure nursing home staff members are giving their loved ones the care they need and deserve. Patients who have the appropriate mental capacity should also be given instructions so that they can be advocates for their own proper care. 
As New Jersey and Philadelphia DePuy hip recall lawyers, we are telling our clients that they should give their own orthopaedic surgeon the benefit of the doubt and listen to what the surgeon has to say about their options. Of course, we are also recommending that all patients get a second, independent medical opinion from another orthopaedic surgeon regarding the nature and extent of their current condition, whether or not they have 
It is particularly important for loved ones to carefully monitor the staffing of nursing home patients with decreased mental awareness. These patients can be particularly vulnerable to bed sores and pressure ulcers. These nursing home patients have a unique set of circumstances that must be taken into account by caregivers at a long term care facility. A patient with a decreased mental awareness may not have the appropriate level of sensory perception to be aware of the beginning of a pressure ulcer or bed sore. Also, these patients, even if aware, are not always able to verbalize what they are feeling, or take the necessary steps to prevent the bed sores from occurring. 
During litigation, Dr. Kifuji testified (in return for immunity from prosecution) that she had been fooled by the children’s parents, Carolyn and Michael Riley, who lied about symptoms and mental conditions in order to collect federal disability checks for their offsprings’ alleged behavioral and mental disorders. Many questioned why, after indications that the Rileys could be harming their children, Dr. Kifuji didn’t do more to protect the youngsters.
Olivia Cull underwent surgery as a baby that left one side of her heart smaller than the other. She lived her life this way, until she was a senior in high school. Doctors wanted to install a catheter in her heart to prep for the final surgery that would correct the small side of her heart. She was nervous, but her mother reassured her that the catheterization procedure would only take a few hours, and that she had done it many times before. Doctors told the Culls Olivia would be home before dinner. 
Bed sores result from prolonged pressure that prevents proper blood flow to tissues, which, in turn, kills that tissue. The death of this tissue most often occurs when it is compressed between a bony prominence and an external surface, i.e. bed, wheelchair, or sometimes even other parts of the body. Some of the worst bed sores that occur in nursing home patients don’t even occur from those that are bed ridden as the name suggests. Prolonged sitting in a wheelchair can lead to bed sore development. It is important that nursing home staff members are equally vigilant with their nursing home patients in wheelchairs and in beds.