Utah Personal Injury Lawyer Blog

Salt Lake City, Price, Tooele and Surrounding Areas of Utah

 

Wednesday, January 13, 2010

Study Shows that Some Heart Doctors Put Profits Before Patients

Today a report was released that showed that many heart doctors, or cardiologists, are not following the treatment guidelines recommended for treatment of coronary artery disease (CAD). The guidelines, published by the American College of Cardiology and the American Heart Association, recommend that in some cases, coronary artery bypass surgery should be done instead of angioplasty.



Bypass surgery, however, is a time intensive and complicated process. Some procedures can take all day. Angioplasty, on the other hand, is a relatively minor procedure, so cardiologists can perform--and bill for--multiple procedures in a single day.

It is much more lucrative for a cardiologist to do six or seven angioplasties in one day than it is to do a surgical bypass. This decision is made purely out of profit, and is contrary to professional medical standards.

To be fair, the demand for profits may not come from the doctors themselves. Rather, it may be that the corporations that run the hospitals where the procedures are performed are placing higher volume demands upon the physicians, in exchange for granting doctors hospital privileges.

Either way, however, cardiologists may be rendering substandard care to patients in order to make money, rather than to make quality health care decisions.

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posted by Ryan M. Springer at 1:24 PM 0 comments

Monday, January 11, 2010

Injured by Medical Malpractice: Now What?

In most cases, a visit to the hospital or doctor's office is a routine event. Usually, everything goes the way it is supposed to.

Sometimes, however, things don't go right. Doctors and nurses are good people, but even good people make mistakes. When professionals make mistakes, the consequences can be disastrous. Not only will you have to endure additional pain and suffering, but you'll be facing expensive medical bills, costs of future treatments, and possibly the loss of your ability to work. It is not your fault that a health care professional committed malpractice. But you will need help to hold them accountable.

If you or someone you know has been injured by medical malpractice, here are somethings you can expect:

  • You won't get answers. Medicine is not an exact science, and sometimes, complications can cause bad outcomes. If this happens, then your doctor will sit down with you and explain the complication, as well as how and why it happened. If a bad outcome is caused by negligence or other medical mistake, however, you won't get answers. Your doctor will suddenly be evasive about your questions, or may even transfer your care to another physician. If the doctors and other professionals aren't giving you answers, give us a call. Our experienced medical malpractice attorneys work with a team of nationally recognized medical experts, and together, we can get the answers for you.

  • Risk Managers and Insurance Adjusters Will Try to Convince You to Settle On Your Own. If you're lucky enough to get a meeting with a Risk Manager or other hospital administrator, the first thing they will tell you is that you don't need a lawyer. Your first question should be, "Does the negligent doctor or hospital have a lawyer?" If they answer honestly, they will tell you that they have a team of high-paid lawyers working on their side. "But," they'll say, "if you hire a lawyer, they'll get all the money, and you won't get anything."

    This is absolutely not true. By hiring a lawyer, you will recover far more than the hospital will be willing to pay if you settle on your own, even after fees and expenses. Hiring a lawyer will get the negligent doctor or hospital to pay full value on your claim; otherwise, they will offer you pennies on the dollar. At G. Eric Nielson & Associates, we pride ourselves on maximizing recoveries for our clients, and working conservatively to ensure that the injured patient receives as much of the award as possible.

  • Hospital Administrators Will Delay Your Case. We have seen a troubling practice a lot lately. A patient will be injured, and for two years, the negligent hospital or doctor will pay for minor medical expenses--maybe a few hundred to a few thousand dollars. The injured malpractice victim will assume that these payments will continue, but as soon as the statute of limitations runs (usually two years, but in some cases, as little as one year), the payments stop. At that point, the patient cannot bring a legal action. The negligent doctors or hospital administrators will lead you to believe that they're taking accountability for their mistakes, but as soon as they can cut you off without being sued, they will do it. You will be left with a lifetime of medical bills.

  • You Won't Be Given Your Medical Records. The government has passed laws that provide patients with access to their medical records--it is a legal right. When you've been injured as a result of medical malpractice, however, negligent hospitals and doctors will try to stop you from finding out what happened. Your records may get "lost," or you may be asked to fill out complex forms and wait weeks--even months--to get your medical records. Once you receive those records, they may be incomplete, or inaccurate. The medical malpractice lawyers at G. Eric Nielson & Associates use all of our resources to ensure that we get a full, complete set of your medical records, and can give you the answers you deserve.
Medical malpractice cases are complex, and you need an experienced team of legal professionals on your side.

The Utah malpractice attorneys at G. Eric Nielson & Associates have the experience to give your attention the case it deserves, and the expertise to give you the answers you've been looking for.

When you call our offices, you'll speak to an attorney who can discuss your case with you. We will set up a free, no-obligation consultation where you can meet face to face with a lawyer to discuss what happened. If you have been injured by medical malpractice, we can tell you your options and discuss your legal rights.

Call today: (801) 424-9088.


posted by Ryan M. Springer at 11:56 AM 0 comments

Surgical Site Infections

When you have surgery, you expect to need time to recover from the incision and general purpose of the procedure. But you don't think about the potential of also having to recover from a serious surgical site infection.

Yet surgical site infections are far too common and can be dangerous or even fatal.

Why do surgical site infections happen? They happen because of some of the same reasons that all surgical errors occur, such as:

  • Surgeon, nurse or other medical staff fatigue
  • Unacceptable surgical environment or equipment
  • Lack of following appropriate protocol by surgical team
  • Distracted surgeon or other staff
  • Inexperienced staff or lack of training


What can a patient do to prevent a surgical site infection? Patients should work with their doctors to maintain controlled blood sugar levels before surgery, especially if diabetes is a factor. Taking a shower the day before or day of surgery is also recommended.

If you or someone you love has suffered a surgical site infection due to medical malpractice, you may need financial compensation to help cover the costs of medical care, loss of income and more. To find out if you have a case, please contact the Utah medical malpractice and surgical site infection attorneys at G. Eric Nielson & Associates, LLC: 866-605-4556.

posted by Erica at 9:28 AM 0 comments

Friday, January 8, 2010

Tort Reform Measures Will Not Reduce Health Care Costs

I read an interesting news release posted here. I've posted it below, in its entirety, not only because it makes some great points, but because it's got the statistics and facts to back them up:

One of the most popular quick-fix cures touted for our ailing health care system is medical malpractice reform. Politicians like Rick Perry and Sarah Palin often point to Texas, which in 2003 imposed severe caps on non-economic damages. However, a recent report by the Congressional Budget Office (CBO) shows that even if the most far-reaching tort reform proposals were enacted, expected savings would amount to just one-half of one percent of total health care spending per year.

If patients' rights to compensation for pain and suffering were capped, punitive damages were limited, liability laws were modified and the statute of limitations was constricted, we would save about $11 billion a year, according to the nonpartisan agency. To put that number in perspective, Americans spend about that much each year on dog and cat food.

This figure is far lower than the claims made by advocates for medical malpractice reform. According to the Los Angeles Times, Sen. Jon Kyl of Ariz. recently claimed Americans would save "between $100 billion and $200 billion" if medical malpractice reforms were enacted.

The CBO's analysis is backed by a report from the General Accounting Office (GAO), which found that the potential savings from damage caps would not have a significant effect on the total costs of health care. The GAO asserted that a reduction of 25 to 30 percent in costs from medical malpractice litigation would lower health care costs by less than one-half of one percent.

"Defensive Medicine" Scrutinized

The CBO analysis also examined so-called "defensive medicine" procedures (extensive tests ordered by doctors to prevent mistakes and possible malpractice lawsuits). The agency found little evidence of the much-discussed phenomenon actually taking place.

To the extent that the agency did find evidence of "defensive medicine," it was mainly restricted to studies of Medicare. The agency found that if medical malpractice reform was enacted nationwide, the decrease in unnecessary "defensive medicine" would net three-tenths of one percent of health care costs.

The Opposite of What is Intended

The CBO report also suggests that limiting liability, a form of tort reform now on the books in over 40 states, has the opposite effect of what is intended. In other words, it raises health care costs rather than lowering them. The CBO states limiting liability "may increase the volume and intensity" of doctor services, raising costs for everyone.

A recent study by Americans for Insurance Reform shows that doctors in states that have enacted acute medical malpractice tort reforms have been subjected to the same insurance rate changes in medical malpractice premiums as those in states without these restrictions.

According to that study, the states with the highest liability insurance premium increases were among those with the most severe restrictions on patients' rights to compensation for preventable medical injuries: Florida, Nevada and Utah.

Diminished Quality of Care

The threat of medical malpractice litigation serves as a deterrent to doctors and hospitals who might otherwise provide substandard care. Removing this deterrent has negative effects on the quality of care American consumers receive from health care providers.

The landmark Harvard Medical Practice Study found that the "litigation system seems to protect many patients from being injured in the first place. And since prevention before the fact is generally preferable to compensation after the fact, the apparent injury prevention effect must be an important factor in the debate about the future of the malpractice litigation system."

A 2006 article in New England Journal of Medicine noted that malpractice litigation has motivated anesthesiologists over the past 25 years to improve their practice. The result has been a dramatic improvement in safety for patients: the risk of death from anesthesia dropped from 1 in 5,000 to about 1 in 250,000.

How has tort "reform" improved access to health care in Texas?

Texas leads the nation with 25 percent of its residents uninsured. It ranks 46th in the Commonwealth Fund's scorecard of state health care performance, 43rd in prevention and treatment, 48th in physicians per capita and 42nd in avoidable hospital use and costs. Finally, it ranks dead last, at 51, in access to medical care.

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posted by Ryan M. Springer at 9:09 PM 0 comments

Wednesday, January 6, 2010

Cerebral Palsy & Hypoxic Ischemic Encephalopathy


The delivery of a newborn child is one of life's most miraculous events. Often, it is the culmination of months of preparation and effort, and results in a joyful addition to a family.

It is during this process that expectant mothers and fathers put their trust in the care and professionalism of their doctors and nurses. With so much at stake, parents put a great deal of faith and trust in their health care providers.

In most cases, that trust pays off, and through the efforts of conscientious doctors and medical staff, new babies are born healthy and happy. But mistakes happen. The birth of a child--sometimes a once in a lifetime event for a family--can become routine practice for obstetricians and their staff. Additionally, the demands of the corporations that run the hospitals place increasing time and business burdens on doctors. Instead of giving each delivery the specialized attention it deserves, doctors are frequently rushed and distracted. Similarly, overworked nurses can get so busy that they forget to monitor the mother and baby's progress, or ignore critical signs that something may be wrong.

These lapses in judgment--simple mistakes--can have catastrophic consequences, resulting in profound, life-long injuries.

As difficult as delivery is for the mother, it is just as hard for the baby. The birthing process exerts stress on the baby, and if that stress is not closely observed and managed, it can become too much for the baby to handle on its own. Additionally, complications like umbilical cords being wrapped around the baby's neck can cause additional concerns.

If these conditions are monitored, they can be resolved with relatively mild medical interventions such as medication, or sometimes, delivery by cesarean section. If they are not monitored, however, then the baby's heart can malfunction, and the brain is deprived of oxygen. When this goes on for too long, the brain is irreversibly damaged.

Hypoxic ischemic encephalopathy (HIE) is a type of brain damage that affects various cognitive and physiological functions, and even death. Children who survive HIE often struggle with learning disabilities, mental retardation, epilepsy, poor motor coordination, and cerebral palsy, among other things. These special needs often require thousands--if not millions--of dollars in medical care and treatment.

Proving that medical negligence caused birth injuries is a difficult, complex process. The medicine and legal issues involved require skill, training, and experience. Not all cases of cerebral palsy or HIE are caused by medical negligence, but the only way to know for sure is to contact an experienced medical malpractice attorney.

The Utah medical malpractice lawyers at G. Eric Nielson & Associates specialize in complex birth injury litigation. We have handled many of the largest cases in the State of Utah, and recovered millions of dollars for injured children. If you have questions about cerebral palsy or the possibility that your child may have been injured by medical negligence, the medical malpractice attorneys at G. Eric Nielson & Associates offer free, no obligation consultations. We can have your medical records reviewed by national experts, and we can give you the answers you have been looking for.

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posted by Ryan M. Springer at 1:36 PM 0 comments

Utah's Legislature and Special Favors for Insurance Companies


Article VI, Section 26 of the Utah State Constitution states, "No private or special law shall be enacted where a general law can be applicable."

Utah's constitutional framers included this provision in order to prevent the legislature from granting special privileges to individuals or corporations. The convention notes indicate that the framers were concerned with legislators who pass laws granting special privileges, for some at the expense of the rights of others. As Utah Constitutional scholar Jean Bickmore White has noted, this provision "express[es] the feeling that laws should not promote special treatment and should be administered even-handedly," and was specifically included as "a reaction to the corruption of some mid-nineteenth-century Legislatures." (The Utah State Constitution: A Reference Guide, at pp. 83-84.)

Notwithstanding this provision, the Utah State Legislature continues to enact special laws that permit negligent health care providers and their insurance companies to escape liability for their mistakes.

Last year, for instance, Utah enacted a law that raises the burden of proof for people injured by negligent emergency room doctors. This means that if you sue someone for causing a car accident, breaching a contract, or other civil wrong, you have a burden of proving your case by the "preponderance of the evidence;" in other words, you simply have to show that it is more likely than not that the other party is liable.

According to Utah politicians, however, Emergency Room doctors, however, are more special than everyone else. The new law passed last year says that if an emergency room doctor is negligent, and causes you harm, you have to prove your case by "clear and convincing" evidence. This is a much higher burden, one that is almost impossible to meet in most civil cases. Indeed, this is the same standard murderers must meet to overturn their convictions. This special law was enacted by the Utah State Legislature to benefit insurance companies, and it has produced its desired effect. Since its passage in 2009, there has not been a single case filed against an Emergency Room doctor in the State of Utah.

What this means for you is that if you have an emergency and go to the hospital, the doctors can render substandard care, and there is virtually nothing you can do about it.

Interestingly, when the medical lobby was urging Utah's legislators to pass this bill, the hospitals promised that they would permit state officials to conduct a performance audit to ensure that Utah citizens were still receiving adequate care.

Not surprisingly, however, the medical and insurance companies have gone back on their word. They have refused to permit the state to investigate the quality of emergency care in Utah.

Thankfully, one legislator is trying to hold these companies to their promise. Representative Lorie D. Fowlke (R. Orem) is fighting for the citizens of Utah, and is demanding that the state be permitted to conduct its audit of Emergency Care in Utah.

Last year, the legislature did corporations and insurance companies a big favor. Make sure those companies keep up their end of the bargain, and allow the state to ensure that quality health care is still available.

Contact Lorie Fowlke and tell her that you support her fight to restore accountability in Utah:

Lorie Fowlke
lfowlke@utah.gov
596 West 1200 north
Orem, UT 84057
(801) 255-0721

Also, contact these officials and let them know that you will not tolerate the insurance companies' efforts to keep secrets from you and other Utah citizens:

John Schaff
Legislative Auditor General
jschaff@utah.gov
W315 State Capitol Complex
P.O. Box 140151
Salt Lake City, UT 84114
(801) 538-1033

Curtis S. Bramble
cbramble@utahsenate.org
3663 North 870 East
Provo, UT 84604
(801) 373-1040

John L. Valentine
jvalentine@utahsenate.org
857 East 970 North
Orem, UT 84097
(801) 373-6345

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posted by Ryan M. Springer at 11:47 AM 0 comments

Tuesday, December 22, 2009

Signs of Nursing Home Abuse or Neglect

If you visit a family member or other loved one a nursing home facility, you can be instrumental in uncovering instances of nursing home abuse or neglect.

While this is not a topic any of us like to think about, we should all be aware of the signs that nursing home abuse or neglect may be occurring.

Mental Change/Signs Indicated Nursing Home Abuse or Neglect

  • Fearfulness
  • Increased agitation
  • Increased disorientation
  • Withdrawal from favorite activities/depression
  • Reluctance to communicate

Physical Changes/Signs Indicated Nursing Home Abuse or Neglect

  • Cuts, abrasions, bruises, swelling, welts
  • Fractured bones
  • More frequent "falls" reported
  • Sudden weight loss
  • Overmedicated
  • Bed sores/pressure ulcers

Environmental Signs Indicated Nursing Home Abuse or Neglect

  • Unclean bed linens or clothing
  • Lack of personal hygiene
  • Unsanitary environment
  • Smells of feces or urine
  • Unnecessary physical restraints near bed or wheelchair


If you believe your family member could be suffering from nursing home abuse or neglect, it is important to get not only medical help, but also legal assistance from an experienced nursing home abuse law firm. The Salt Lake City, Utah nursing home abuse lawyers with G. Eric Nielson & Associates, LLC are available to help at 866-605-4556.

posted by Erica at 12:45 PM 0 comments

 

G. Eric Nielson & Associates, LLC
4790 South Holladay Boulevard
Salt Lake City, UT 84117
Ph: (801) 424-9088
Toll Free: (866) 605-4556
Fax: (801) 438-0199
e-mail

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