As part of the exposé, the team at ProPublicainvestigated coroner and medical examiner’s office records, and looked at the number of sudden and unusual fatalities at several nursing homes. They found in their investigations that in cases involving seniors who die suddenly, or under any kind of suspicious circumstances, there is no guarantee of any investigation into the death. ProPublicahas reached several conclusions that point to systemic flaws.

For instance, when a senior death is reported as natural, coroners and medical examiners very rarely investigate it. However, the fact is that very often, doctors make errors in judging whether a death is natural or not. In one study conducted in 2008, approximately 50% of doctors were not able to correctly identify the cause of death for an elderly patient who had died after a brain injury that occurred as a result of a fall accident. What this means is that an unknown number of deaths in nursing homes are probably being classified as natural deaths, when they are anything but.

Also, in many states, doctors are allowed to write out a death certificate without even seeing the body. In one case that the ProPublicateam came across during this investigation, a Pennsylvania doctor reported that a 83-year-old person had died of natural causes, when in fact, the death had been the result of beating by nursing home staff. The doctor never saw the patient, and never noticed the bruises on the man's body, that would've alerted him to the fact that this was not a natural death.

All this means that too many suspicious, unnatural deaths in nursing homes are probably not being investigated and not being reported. The persons responsible for the negligence or neglect that resulted in these deaths are also not being held accountable for their actions. 

ProPublica’sfindingsare even more concerning when you consider that the baby boomer population is aging rapidly, and is expected to soon enter its 70s. Nursing homes in Georgia and around the country are likely to operate at full capacity, as families and caregivers look for homes for aging loved ones. From this report, it seems that there are too many flaws in the current system to handle an increase in the population of senior citizens in nursing homes.

The nursing home abuse attorneys at the Katz Law Firm represent persons who have been injured, or family members of persons who have died as a result of nursing home abuse in the metro Atlanta region and across Georgia.

According to this report, the risk of distractions from the use of electronic gadgets is so great that many hospitals have begun to limit their use altogether. Medical schools have also begun teaching students to focus on caring for patients, instead of relying on devices. However, the fact is that more and more medical students now are armed with devices that equip them with information that can increase patient safety. These measures have come after a number of incidents reported from around the country in which doctors, nurses, technicians and other personnel were found to be distracted using their devices for personal uses. 

In one incident, a nurse was found researching airline fares during a spinal surgery procedure. Doctors have also been found using their cell phones to have personal conversations while performing procedures. Needless to say, none of this enhances patient safety, and actually increases the risks of medical errors. The Institute of Medicine in its path breaking report To Err Is Human in 1999, found that more than 90,000 patients die every year as a result of medical errors. Hospitals have been investing in reducing medical errors, and unfortunately, electronic gadgets seem to increase those risks. 

It's not only doctors and nurses who are distracted by the use of gadgets like smart phones. One study found that close to half of all medical technicians in charge of bypass machines texted during procedures, while more than half of them talked on the cell phone during procedures. Cardiac procedures are incredibly complex and sophisticated procedures that need all personnel in the room to be focused 100%. Atlanta medical malpractice lawyers are therefore very concerned about the growing influence of cell phones, iPads, computers and other devices on concentration and attention in hospitals.

The Atlanta medical malpractice lawyers at the Katz Law Firm represent persons who have been injured or families of persons who have been killed as a result of medical negligence in the metro Atlanta region and across Georgia.

The Atlanta Journal-Constitution is using the case of twenty-seven-year-old Matthew Reese to illustrate the point that Georgia's hospitals need to be more forthcoming about offering information to the public. Reese died in September this year, committing suicide by hanging himself from a hospital bed sheet. He was a transsexual, and had been admitted to the SummitRidge Hospital in Lawrenceville. Friends say that he had been talking about taking his own life. Georgia State officials are expected to investigate whether mistakes made by SummitRidge Hospital contributed to Reese's death.

However, Atlanta medical malpractice lawyers and patient safety groups will not be able to access the results of the inquiry or its conclusions. The atmosphere of secrecy that surrounds hospitals in Georgia is in marked contrast to that around the country. 

Hospitals elsewhere have become more open, allowing access to safety information. However, Georgia does not allow public review of reports submitted by a hospital following any safety incidents. Georgia public health authorities do not provide information when they investigate a facility after violations have been reported. Details about wrongdoing by a facility, as well as details of investigations that Georgia health authorities conduct, are not available to the public.

Not surprisingly, hospitals contend that making safety records available for the public would do more harm than good. They believe that when these facilities are encouraged to report mistakes and make records available to the public, it discourages medical professionals from accepting or reporting errors. Georgia health authorities support this point of view.

Atlanta medical malpractice lawyers don't believe that's true at all. Hospitals around the country have adopted a more open approach to the availability of hospital safety records to the public, and have tightened their safety processes in response to violations. Hospitals have successfully promoted a culture where medical professionals are not punished for reporting errors, thereby enhancing patient safety. Georgia needs to follow suit.

The Atlanta medical malpractice attorneys at the Katz Law Firm represent persons who have been injured due to medical negligence across Georgia.

Cerebral palsy is a condition that usually arises when an infant has been deprived of oxygen before or immediately after delivery. Atlanta medical malpractice lawyers often find that this condition is the result of wrong medical decisions during delivery. For instance, when a doctor postpones the decision to conduct a Cesarean section to deliver the baby, the baby may be stuck in the birth canal, cutting off vital oxygen supply to the brain. This oxygen deprivation often leads to a condition called cerebral palsy, in which there is a disrupted development in the motor, movement and other abilities of the child. Given the serious nature of this condition, medical malpractice cases seeking to recover for this type of personal injury involve a substantial commitment to litigation by the attorneys and clients.

There is no cure for cerebral palsy. Children may undergo rehabilitation in order to regain some control over their movements, but a complete cure is to not around the corner. However, researchers at the Georgia Health Sciences University are now experimenting recommending with stem cells from infants’ cord blood in order to lessen the impact of this condition.

Stem cell therapy involves injecting healthy stem cells from other areas of the body into the damaged areas. The belief is that the stem cells will cause the replication of healthy cells in the damaged area, thereby accelerating the process of healing. This is the first such study that will use stem cell therapy to treat cerebral palsy.

Already, some of the children in the study have made substantial improvements since they enrolled in the program. Their parents have found some dramatic changes in their speech as well as walking skills after they enrolled in the stem cell program. Doctors know that cerebral palsy is an incurable condition, but they want to see whether the quality of life for these patients can be improved markedly.

There are several benefits to using stem cells from infants’ cord blood. For one, the stem cells are the person’s own, so there are minimal risks of complications or side effects. When stem cells from another person are used, there is a risk that a person could suffer serious side effects or reactions. Those risks are not present when these stem cells are your own. Unfortunately, the practice of storing cord blood after delivery is not a popular one. According to some estimates, approximately 95% of all cord blood is discarded as medical waste. Only about 5% of all parents choose to save their baby’s cord blood after delivery.

The verdict came out this week against the Beaumont Hospital in Royal Oak, Michigan. It was here that the woman had been admitted for delivery in 2006. According to the lawsuit, the hospital as well as the doctor in charge of the delivery was negligent in failing to perform a cesarean section on the woman. The baby, a 10 lbs. 12 oz. girl was instead pushed through the birth canal. As a result, the baby suffered a fractured clavicle and began hemorrhaging severely. The baby was ultimately left with severe brain injuries and in need of long-term care.

The hospital and the doctor have said that they will appeal the verdict. The hospital alleged that the child's injuries were the result of a genetic condition, and not due to negligence by the doctor or the hospital. However, an eight-member jury has now found in favor of the woman, and has found the hospital negligent.

Brain injuries are some of the most severe birth injuries that can result from medical negligence. A baby can suffer birth asphyxia before, during or soon after the birth. This is a condition that results in a block of oxygen supply to the baby's brain. It occurs due to a number of reasons, including an increase in the blood pressure of the mother, and other complications. As a result of birth asphyxia, children can develop cerebral palsy. This is a condition in which there is a lack of coordination in motor skills, mental retardation and a number of other complications. Doctors need to monitor maternal health at all times during the delivery, and act immediately to prevent long-term damage when complications arise. 

Even a moderate block in oxygen supply to a baby's brain can cause brain damage that can be serious enough to lead to long-term mental harm. Brain injuries at birth can lead to conditions like cerebral palsy, and development delays. 

The Atlanta medical malpractice attorneys at the Katz Law Firm represent persons who have been injured due to medical negligence in the metro Atlanta region and across Georgia.

Medical malpractice lawsuits are an essential part of policing the conduct of doctors and other medical professionals. Just as with anyone else in our society, each medical professional should be responsible for their own conduct in causing a personal injury or wrongful death. Further, the presence of such claims forces physicians and other medical professionals to make certain they are both aware of and adhere to appropriate standards of care. In reality, approximately 5% of the physicians commit approximately 90% of the medical errors which occur. However, the medical professional has refused to revoke the medical licenses of medical doctors who are consistently negligent in their care of patients.

The Joint Select Committee on Deficit Reduction has been considering ways to reduce budget deficits, and will be considering healthcare cutbacks as part of those measures. A number of consumer safety groups, including the Alliance for Justice, Center for Justice and Democracy, Consumer Action, Consumer Watchdog, Consumers Union, Patient Safety America, Public Citizen, and Texas Watch have written a letter to the Joint Select Committee on Deficit Reduction. 

The letter calls on members of the committee to evaluate the great expenses that are likely if any caps on medical malpractice damages are implemented. According to the letter, any limits on the amount of compensation available to patients in a medical malpractice lawsuit, would hardly save health-care-related costs. According to the Congressional Budget Office, these savings would amount to no more than 0.4% of healthcare costs. Even that is a poor estimate.

Additionally, there are other losses that the administration can expect, including the liens or subrogation interests that Medicare and Medicaid usually claim after a successful medical malpractice lawsuit. The worst effect of any cap on compensation for victims of medical negligence would be the lack of accountability for physicians, nurses and other medical personnel. Currently, medical malpractice laws and the fear of lawsuits are the only deterrent to medical negligence. In the absence of these limits, there would be little accountability, and this would affect patient safety. 

The Atlanta medical malpractice attorneys at the Katz Law Firm represent persons injured through medical errors, medication errors, surgical errors, misdiagnoses, hospital-acquired infections and other forms of medical negligence in the metro Atlanta region and across Georgia.

The case involves Victor Bruscato, who was undergoing psychotic treatment by Derrick Johnson O'Brien. The doctor had placed Victor on antipsychotic medication, but decided to discontinue two of the most powerful medications when he became concerned that Bruscato was showing signs of another dangerous syndrome. 

In August 2002, Bruscato attacked his mother with a battery charger, causing her severe head injuries and stabbing her seventy-two times. He was charged with murder, but was judged incompetent to stand trial. His father sued the psychiatrist for medical malpractice, alleging that the doctor’s negligence in discontinuing the medication had causes his son’s psychosis to get out of control. The psychiatrist refuted the allegations, saying that Bruscato’s family was not eligible to file a civil lawsuit in a crime that was committed by their own son.

First, a judge ruled in favor of Derek Johnson, but a Court Of Appeals reversed that decision. The Georgia Supreme Court has now unanimously ruled that the lawsuit against the psychiatrist can go ahead. 

This is a unique case that has interested Georgia medical malpractice lawyerseverywhere. Georgia's laws allow persons who have been injured by the negligence of healthcare professionals to recover damages. When a person seeks treatment from a healthcare professional, he places his health and his life in that person’s hands. 

Any kind of medical negligence can have long lasting and far-reaching consequences. A person who has been left medically injured because of the negligence of a doctor, nurse or hospital, can be left facing heavy medical expenses. These injuries can be extremely serious, and the person may be unable to return to his former job. Financial stresses can increase, and these will only be compounded by the emotional anguish and trauma after a medical injury.

Through a medical malpractice claim, patients can recover medical expenses, damages for lost wages and other compensatory damages. Injured patients may also be able to claim losses for pain and suffering. However, it is necessary that you file a medical malpractice claim as soon as possible with the help of an experienced and competent Atlanta medical malpractice attorney. Medical records need to be gathered, and these must be reviewed by an expert in order to establish the negligent conduct. A lawsuit can be filed only when the negligent conduct is clearly established and generally require the affidavit of an expert.

The Atlanta medical malpractice lawyers at the Katz Law Firm represent victims of medical malpractice across Georgia.

However, as the Atlanta Journal Constitution highlights, in the state of Georgia, no such report is required to be made by hospitals. According to Holly Long, director of the Hospital Accountability Project at Georgia Watch, “This (requiring that hospitals provide reports regarding infection rates) should be something the state does for its consumers. [A hospital’s] infection rate should not be [its] dirty little secret.”

Although state law requires that Georgia hospitals notify public health officials when they have an outbreak of, or identify, the presence of serious infectious conditions such as tuberculosis, Georgia hospitals are not required to report the most common infections patients pick up while under treatment, despite the fact that some of these infections are life threatening. According to the Centers for Disease Control and Prevention, around 1 in 20 hospitalized patients will contract an infection while receiving care. Despite this fact, according to a recent article in the Atlanta Journal Constitution, it is not possible for public health officials or patients to identify which conditions or hospitals pose the greatest threat to Georgians.

There has been state legislation proposed in the past aimed at requiring Georgia hospitals to make public information about infections that patients acquire while under treatment, but none bills have ever been approved. According to state Rep. Pat Gardner regarding the failure these proposed bills, "I think hospitals felt very defensive about releasing information because they felt it would be bad for their marketing."

There are indeed some Georgia hospitals that resist divulging information to the public regarding the rate of infectious diseases acquired by patients, but there are some that voluntarily provide this information to public health officials as well as patients.  Wellstar Health Systems and Peidmont Hospitals, two hospitals located in Georgia, welcome questions from patients. Peidmont Hospital even goes so far as to post internal quality data on its website.

Dr. Leigh Hamby, chief medical officer for Piedmont Healthcare applauds patients who go so far as to ask in advance about a hospitals performance before having a procedure done at a specific hospital. In fact, as Dr. Hamby’s sentiments suggest, asking questions and seeking information may be the best way for patients to protect themselves. In addition to seeking information directly from the hospital itself, patients may also be able to consult Medicare's "Hospital Acquired Conditions" data. This data was published for the first time in April, and reports rates of two types of infections and six other preventable conditions among Medicare patients. All patients may be able to ascertain from this data the relative safety of the hospitals they are seeking to patronize.

Until the state of Georgia requires full disclosure by hospitals regarding the prevalence of infections acquired by patients while under hospital care, patients are left to do investigation on their own in order to find out what they can about the safety of the hospitals they visit. However, no matter how vigilant the patient, there will be some instances where infection will still occur. Although there are instances where hospitals cannot prevent the infection of patients, regardless of the precautionary measures taken, there are some instances where patients suffer infection because of the negligence of hospitals. In this situation, patients should always contact a Georgia Medical Malpractice Attorney to represent their interests.  

When an individual is the victim of medical negligence or medical malpractice, that person is normally afforded the opportunity to prove his case at trial. As a Georgia medical malpractice attorney, I believe this should be the case. However, Victor Bruscato and his father Vito, depending on what ruling the Georgia Supreme Court makes, may not be afforded this opportunity because of a long adhered to legal principle. On Monday, July 18, 2011, the Supreme Court of Georgia heard arguments regarding whether to allow a medical malpractice case, brought by the father of a Georgia man accused of killing his mother, go to trial.

The story began in 2001 when Victor Bruscato began seeing Dr. Derek Johnson O’Brien at O’Brien’s community health Center in Gwinnett, Georgia. At that time, Victor was taking anti-psychotic drugs to help him manage violent and sexual urges. However, in May of 2002, Dr. O’Brien took Victor off of tow of these powerful drugs. Dr. O’Brien’s reason for this was to determine if Victor was developing a dangerous syndrome possibly related to these drugs.  

After being taken off of these medications, Victor complained of nightmares, and he also claimed that the devil was directing him to do bad things. Three months after being taken off of these two medications by Dr. O’Brien, Victor was suspected of violently slaying his mother, Lillian Lynn Bruscato. According to police, Victor smashed Mrs. Bruscato’s head in with a battery charger and stabbed her 72 times. Victor was eventually charged with the slaying, but he was found not competent to stand trial and was committed to a state mental institution.

In the after math of this tragedy, Vito Bruscato, Victor’s father, sued Dr. O’Brien for medical malpractice. Mr. Bruscato alleges that Dr. O’Brien’s negligence caused his son to become psychotic, which resulted in the death of Mrs. Bruscato. Initially, the Superior Court held that Mr. Bruscato was barred from bringing suit. However, the Court of Appeals reverses that decision, allowing the case to go to trial. The primary issue in contention is whether a family, possibly involved in a crime, should be able to profit from potentially wrongful or illegal conduct. This is the issue currently before the Georgia Supreme Court.

It is true that one should not, and cannot, under the law profit from his crimes. For example, one cannot murder his father, and then claim an inheritance under his will. However, in the Bruscato’s circumstance, it is not the son who is claiming seeing compensation for harm done to his mother; it is a father, on behalf of his son, seeking legal compensation for harm done to his son. Based on the fact available regarding this case, it appears that Mr. Bruscato is not directly seeking compensating for the death of his wife. It appears that Mr. Bruscato is simply seeking to hold Dr. O’Brien accountable for the harm that his son suffered as a result of his possible medical malpractice.

Thankfully for the Bruscato family, the fact that Victor has been deemed legally incompetent and the fact that Mr. Vito Bruscato is brining this claim, and not Victor, may have a positive effect on the Supreme Court’s ruling. Seeing that Victor himself is not seeking to profit as a result of his own wrong doing, the Supreme Court may rule Mr. Bruscato’s can proceed to trial. In any event, I am of the opinion, as a Georgia medical malpractice attorney, that if a physician or medical institution is negligent, they should be held accountable. Hopefully the GA Supreme court does not allow the constraints of the law to prevent this family from seeking justice.

Additional Resources:

Court Wrestles with Bizarre Malpractice Case

Psychiatrist Sued over Gwinnett Woman's Slaying

The operating room becomes a hum of noise; from the incessant sound of machines to the voices of nurses and doctors battling time and sometimes even each other. The Las Vegas Review-Journal cites issues with pre-operation prep (such as unapproved abbreviations on charts and illegible handwriting) and scheduling processes as added distractions. In light of this, it’s easy to see how some details, such as the purpose of the operation, could get lost in translation. When this occurs, patient safety is put at risk and hospitals, doctors and nurses expose themselves to significant liability for medical malpractice.

Hospitals are exploring various ways to combat wrong-site surgeries, however, and one of the most popular tactics seems to be the institution of a “time out” of sorts – calling for all key participants in the OR to take a step back and assess their plan. This program, designed by the Joint Commission Center for Transforming Health Care and instituted in 2003, works by essentially creating a script for staff to follow, says the Review-Journal. Throughout the course of this “Universal Protocol” script, doctors are required to 1.) Complete a pre-operative verification. 2.) Marking of the operative site and 3.) A time out immediately before starting the procedure.

The script’s first line? “Let’s start with a time out.”

With everyone’s focus on the patient, the staff runs through a checklist to make sure everything is in order. They even go so far as to physically identify the site where the surgery is to be completed on the patient’s body. Everyone on the team must acknowledge their comprehension and express any concerns before the process can resume.

I believe this is proof that while the time-out method is good in theory, it is by no means a fail-safe. Quite frankly, no matter the caution exerted, operations are simply subject to human error and we must continue exploring many and varied solutions.

In a statement to the Associated Press, the doctor’s attorney, James Rosenblum, indicated that the jury's decision was made more out of sympathy than evidence and suggested that his client would appeal what he called a “shocking verdict.” Other physicians have voiced concerns that this verdict will deter doctors from taking on high-risk cases like this one in the future.

According to the National Center for Biotechnology Information, cerebral palsy is a lifelong disorder, often requiring long-term care. Although its causes are not always discernable, symptoms usually appear before a child turns 2 and, in rare cases, as early as 3 months. Cerebral palsy is caused by injuries or abnormalities of the brain and often manifests as impairment to nervous system functions such as movement, learning, hearing, seeing and thinking.

Most of these problems occur as the baby develops in the womb, but they can also happen at any time during the first 2 years of life and, in many cases, are not preventable. Sometimes, parts of the brain are injured due to a restricted flow of oxygen (hypoxia). While it is not known why this occurs, increased occurrences following childbirth are prompting calls for an increase in proper prenatal care.

As this verdict suggests, persons who have been the victim of medical malpractice are entitled to recover damages for past and future medical expenses, lost wages and pain and suffering. Atlanta medical malpractice attorneys know that it is important to pursue such claims as soon as possible, due to the complexity of medical malpractice actions.

According to the report, out of 300,000 nursing home residents studied in 2007, approximately 90% received powerful anti-psychotic medications that are typically used for the treatment of schizophrenia and bipolar disorder. There are studies to prove that elderly persons who receive antipsychotic medications can be at a high risk of death. In spite of this, these vulnerable persons were overmedicated, and there is no reason to believe that things have changed dramatically between 2007 and now. 

Moreover, it seems highly likely that the pharmaceutical industry has been behind this overmedication of nursing home residents. One of the ways in which pharmaceutical companies increase their profits is by promoting off-label uses of their drugs. An off-label use of a drug is one which has not been approved by the Food and Drug Administration. Doctors can prescribe a drug for off-label uses, but a company is not allowed to market the drug for these purposes.

However, as Atlanta nursing home abuse attorneys have noted in the past, that hasn't really stopped pharmaceutical companies from aggressively promoting off-label uses of their drugs, especially among elders. The more numbers of uses these drugs are prescribed for, the higher the profits for the company. 

In addition, the report also found that one in five residents in nursing homes have been administered these drugs in a manner that violates federal standards for their use. These patients were either given dosages that were too high or were on the medication for too long a period of time.

According to news reports, the collapse occurred around 10 AM on Thursday at the Golden Living Center at 213 Scenic Highway in Lawrenceville. According to facility staff, workers were in the process of replacing the entire roof of the building when the collapse occurred. Apparently, the workers were engaged in removing and replacing roofing materials at the time of the collapse. The collapse occurred in the dining area of the facility.

Fortunately, none of the residents were in the dining area during the collapse. However, there could have been serious injuries if the collapse had occurred later in the day. Just a short while after the collapse, the residents were scheduled to spend some time in the dining area. The residents have now been shifted to other living facilities.

It’s extremely fortunate that all the residents of the nursing home are safe and comfortable now. Most of these people are already in fragile health, and could have suffered serious injuries during the roof collapse. Besides, elderly people may suffer from a number of health conditions that make their ability to recover from injury, even more complicated. For instance, broken bones or fractures in older persons take a much longer time to heal. The elderly have weakened immune systems, and infections can quickly set in after an injury. There may be other complications that may even end in death. It's the reason why nursing homes must take extra precautions to keep their premises safe and secure at all times.

The Atlanta premises liability attorneys at the Katz Law Firm are dedicated to the representation of persons injured in construction accidents, nursing home abuse cases, slip and falls, swimming pool accidents and other unsafe property-related accidents across the metro Atlanta area our and Georgia.

The report also discusses the kind of person who is more susceptible to abuse. For instance, people with cognitive or physical impairment may be more susceptible to abuse. Elderly persons who have trouble bathing or feeding themselves and are dependent on others for such activities, may be at a higher risk of abuse. Elderly persons who lack social support, like a strong family network, were much more likely to be abused.

Besides, the report also analyzes the detrimental effects of such abuse on victims. For instance, a study conducted in 2,000 found that elder abuse victims had higher levels of depression, compared to elders who were not abused. Another study conducted in 2006 on elderly women in the Midwest found that women who were psychologically abused had more health problems than those who were not abused. Elder abuse also seems to decrease the lifespan of the victims. A decade-long study conducted between 1982 and 1992 found that only 9% of abuse victims were still alive in 1995, compared to 40% of elders who had not been subjected to abuse during the same period. The difference is just staggering and sad. We all must be aware and prepared to act when we see abuse.

Georgia SC Throws Out $350,000 Cap on Noneconomic Damages in Medical Malpractice Claims

It’s been a while coming, but the much-awaited judgment that trial lawyers in Atlanta and victims of medical malpractice have been waiting for, is finally here. The Georgia Supreme Court yesterday threw out the $350,000 cap on noneconomic damages in medical malpractice claims.. The ruling nullifies a key provision of tort reform laws passed by Georgia’s legislators in 2005.

The 7-0 Supreme Court decision involves the case of Betty Nestlehutt, who suffered severe disfigurement after a botched plastic surgery procedure. Nestlehutt had visited Atlanta Oculoplastic Surgery to correct bags around her eyes. The resulting procedure left wounds on her cheeks, which have since resulted in permanent scarring.

Nestlehutt sued the hospital, and was awarded $1.15 million in non-economic damages. This included $900,000, awarded in damages for pain and suffering. Atlanta Oculoplastic Surgery appealed the decision, saying the cap did not allow such damages. A Fulton County court held that the medical malpractice cap imposed in 2005 was unconstitutional. The case went to the Georgia Supreme Court which has now removed the cap. The decision also applies retroactively to pending cases that are still waiting on appeal.

As expected, the Medical Association of Georgia has expressed its disappointment at the verdict calling it “unacceptable.” As Georgia medical malpractice lawyers, we have hoped for a verdict like this. Arbitrary legislation by vote-seeking lawmakers has been defeated by our state’s highest court.

The Atlanta medical malpractice lawyers at the Katz Law Firm represent injured victims of medical malpractice in Atlanta, and throughout the state of Georgia.

Two persons have been confirmed dead in a fire at a nursing home in DeKalb County. An arrest has already been made in the incident, and Atlanta nursing home abuse lawyers have also learned that the facility owner had likely been operating the home without a license.

The house in Stone Mountain had about 7 or 8 residents living at the facility. 

One person died of injuries at the scene, while the other one was taken to hospital and died later from severe burn injuries. At least 4 other people suffered injuries, including mild burns and smoke inhalation.  At least one resident has confirmed that he escaped burn injuries by jumping out of his first storey window.

Police have arrested 26-year-od Joyce Turnipseed and have charged her with arson and homicide. Apparently, Turnipseed had been living at the facility too. The Department of Community Heath has confirmed that it is investigating whether the owner of the facility had a valid license to run the special needs home.

Even if the facility was being run under a valid license, there are other questions that must be asked here. The fire protection systems in the house will definitely be one of the main focuses of the investigation. What kind of fire protection processes were in place here? Were building codes and standards followed stringently?

We know the media and everyone else seems to be focused on whatever is going on at Toyota, but we hope that serious questions will be asked in this incident. Two lives have been lost, and 4 other people have been put through a traumatic experience.  

 An unusual murder at a nursing home in Massachusetts is grabbing the interest of nursing home attorneys around the country.  Does the murder of a 100-year-old patient at an elder care facility by her 98-year-old roommate qualify as grounds for neglect by staff?

The incident occurred at a nursing home in Massachusetts. The victim, Elizabeth Barrow and was found strangulated in her bed in September this year. Indicted in her death is Barrow’s roommate, 98-year-old Laura Lundquist. Lundquist will likely not stand trial, and has been ordered by a judge to undergo a competency evaluation.

According to the victim’s son, Scot Barrow, his mother had told him that she had been frequently threatened and harassed by Lundquist. Scott was concerned enough about these threats to bring them to the notice of the nursing home authorities. However, his concerns were shot down by staff who said that the roommates got along just fine.

Obviously, things weren’t as peachy perfect as the nursing home staff hoped. On the night that Barrow died, she apparently complained that Lundquist had blocked her way to the bathroom with a table. The nurses intervened, and got the table removed. The next morning, Barrow was dead in her bed with a plastic bag wrapped around her neck. The table that had been removed the previous night was back at the foot of her bed.

Scott Barrow has confirmed that he asked nursing home authorities if they could place his mother in a separate room from Lundquist. As Atlanta nursing home abuse attorneys, we believe it’s pertinent to ask some questions here. If Barrow’s son had indeed spoken to the nursing home authorities on these concerns, why were no attempts made to separate the two women?

According to the local district attorney, Lundquist has a history of paranoia and other mental issues. Elderly patients at nursing homes do often suffer from dementia, paranoia, depression and other medical conditions, but if Lundquist’s paranoia or hostility was a threat to Barrow’s safety, why wasn’t staff able to pick up on this threat and separate the two, thereby preventing this tragedy?

As Atlanta medical malpractice lawyers, we closely follow advancements in patient safety.  With the healthcare debate focusing strongly on medical malpractice lawsuits, hospitals are seeing a great need to cut down on the errors and medical infections that occur in their facilities. A new report by the American Medical Association shows that surveillance systems could be the next big thing in patient safety, helping enforce safety rules and preventing the incidence of preventable errors and infections.

Surveillance of surgeons was in the media spotlight last month, when a Rhode Island hospital was ordered to have video and audio recording devices installed in the operating rooms. The state’s health department ordered the Rhode Island Hospital to install the cameras, after a series of 5 surgical errors occurred at the facility in just two years. These errors were wrong site surgeries, which are some of the most preventable medical errors.

While surgeons at Rhode Island Hospital will now have video cameras recording their surgical moves, doctors in Maryland hospitals could soon have “secret shoppers” hired by the hospital observing their hand hygiene practices. Low hand hygiene compliance rates have been a source of worry to Atlanta medical malpractice lawyers. Poor hand washing practices contribute to thousands of hospital-acquired infections every year. It’s these infection rates that Maryland hospitals are looking to cut with the program that funds hospitals to train people to observe whether doctors, nurses and other staff wash their hands when they come out of a patient’s room. These “secret shoppers” will be trained to blend into the environment, so they don’t stand out and alert doctors they are being watched.

Not every one is excited about the use of such surveillance.  Some warn that this constant surveillance of doctors and healthcare professionals, could make staff feel victimized.  However, we believe these systems could help increase compliance rates and decrease errors, and hope more hospitals in Georgia take up video monitoring to ensure compliance. As long as there continue to be wrong site surgeries in this country, we will continue to push for stronger surveillance of healthcare staff. Hospitals that want to enhance their patient safety record will only benefit from having surveillance systems that enhance compliance rates.

Georgia’s Medical Malpractice Law Challenged in Supreme Court

The Georgia Supreme Court is hearing arguments relating to a key provision of the state's tort reform laws, which requires plaintiffs in a medical malpractice action to establish that an emergency room doctor was guilty of gross negligence.

The hearings revolve around the case of Carol Gliemmo, who suffered a sudden headache on April 22^nd 2007, and visited the San Francisco Hospital in Columbus. According to Gliemmo’s lawyers, the ER doctor, Mark Cousineau diagnosed her condition as resulting from stress, prescribed valium, and sent her home. This was even as the 56-year-old Gliemmo continued to scream in agony. Gliemmo suffered a stroke, and has since been left paralyzed and with significant neurological damage.

Cousineau’s lawyer defends his client's treatment of his patient. According to ER nurses, he says, Gliemmo admitted she was feeling better at least three times before she left. According to Gliemmo’s lawyer, Georgia’s medical malpractice reform laws have helped eliminate malpractice claims against hospitals and ER doctors, giving them what he calls" an unconscionable and inequitable advantage.”

This is just the latest challenge to the state's tort reform laws that were passed with great fanfare in 2005. Then, lawmakers supported by hospitals and insurance companies passed sweeping laws that restricted patients' abilities to claim damages for medical malpractice. Last month, the Georgia Supreme Court also heard from another female patient who was severely disfigured after a botched plastic surgery in an Atlanta hospital. A Fulton County jury awarded the woman, Betty Nestlehutt $1.15 million in non-economic damages, against the cap that had been set at $350,000. The hospital has appealed against the verdict.

As Georgia medical malpractice lawyers, we are definitely encouraged to see more challenges being mounted against the draconian laws of 2005. More patients are coming forward to challenge these laws, and there's reason to be optimistic that patient rights to justice will be restored once again.

According to the Centers for Disease Control and Prevention, about a million people contract a hospital infection each year. A Consumer Reports survey provides clues to why those rates are so high.

In 2008, Consumer Reports surveyed 731 nurses, and this year, sampled more than 13,500 of its readers, who were polled about recent hospital experiences involving them or a loved one. The findings were surprising.

• 28 percent of nurses reported problems with cleanliness, while only 4 percent of patients reported so.
• 26 percent of nurses saw hospital staff fail to wash their hands before approaching a patient, compared to 5 percent of patients.
• 38 percent of nurses reported problems in coordinating patient care, compared to 13 percent of patients.

Obviously, how you view a hospital experience is very different, depending on whether you're a patient or a nurse. Patients also seem to be less likely to demand higher cleanliness standards from hospital staff. 

The nurses in the survey had a number of tips for patients to make their hospital stay safer.

• Choose your hospital carefully. Do your homework, and look at hospital records and ratings before you make a choice. For complicated treatments like brain surgery, look for a specialized hospital and doctors who have lots of experience in such cases
• Have all your records handy and easy to refer by medical care professionals. List down the current medications you are taking and the dosage. Include the contact information for your primary care doctor to make your hospital admission process easier.
• If your hospital isn’t coordinating care properly, ask for a social worker, patient advocate or case manager. It is your right to ask for such help.
• Don’t assume that cleanliness standards are being followed. Ask nurses to wash their hands in front of you before they attend to you.
• Make sure that you properly understand your discharge instructions. Too often, patients fail to receive proper instructions, leading to drug interactions and other issues that can lead you back to hospital.  

The Georgia medical malpractice attorneys at the Katz law Firm represent injured victims in DeKalb, Gwinnett, and Cobb Counties, and across Georgia.