Nursing Home Abuse

One of the most unsettling thoughts with respect to placing our loved ones in a nursing home is the concern that someone might physically abuse them. Most states have laws that are designed to protect the elderly from abuse and neglect. Despite these laws, the sad reality is that many elderly people continue to be abused. This situation came to light recently in a Montgomery, Alabama, nursing home. Authorities found that a certified nursing assistant (CNA) and former nursing home employee punched a 93-year-old nursing home patient. The report indicated that the elderly patient continued to spit her medicine out when the CNA attempted to administer the medications. The CNA was arrested and charged with abuse or neglect of a protected person.

In 2013, CBS News reported an event where two CNAs physically abused patients in Dallas, Texas. The events were caught on camera. In that report, CBS reported that an elder/nursing home advocacy group, Families for Better Care, researched reports from every state and concluded that 11 states received a failing grade for failing to protect elders from abuse and neglect. For the southeastern states, Florida and South Carolina received a score of “B.” Georgia and all other southeastern states, except Louisiana, received a score of “D.” Louisiana was one of the 11 states that received a failing score of “F.” The states with a “superior” grade of A” were Alaska, Rhode Island and New Hampshire. According to the group’s findings, one in five nursing homes abused, neglected or mistreated residents in about half of the states. The advocacy group determined that the nursing homes that staffed at higher levels received a higher ranking, while those who had fewer staff or who were understaffed received lower rankings. As late as September 2014, the group updated its findings. The updated report can be found at www.nursinghomereportcards.com.

While the examples of abuse such as those reported in Alabama and Texas are presumably an exception and not the rule in nursing homes, if you suspect your loved one is being abused, the best course of action is to report the abuse to the facility administrator, the facility ombudsman, and the Alabama Department of Public Health (ADPH). For information related to the ADPH, you can go to www.adph. org. The ADPH also maintains a complaint line, and you may call them at 800-356-9596 or 800-873-0366. Of course, you may also need to report the event to the local law enforcement agency as well.

Hopefully, nursing homes will do a thorough job of performing background checks and detailed interviews in order to minimize the possibility of hiring a person who would abuse elderly patients. If you need more information, contact Boyd Newton, who handles Nursing Home litigation, and who can be reached at 404-593-2630 or by email at boyd@boydnewtonlaw.com.

Source: www.CBSNews.com and www.wsfa.com

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Great Advice From Consumer Reports

February 18, 2015 6:00 am • From the editors of Consumer Reports

In an ideal world, respectful treatment from health care providers would be the norm. In the real world, you may have to insist on it. Consumer Reports suggests increasing the odds of a good hospital experience with these strategies:
•Choose the right hospital. A study published in the New England Journal of Medicine linked low patient satisfaction with less-than-stellar hospital performance in areas such as pain control, discharge instructions and communicating about medication. And research in the American Journal of Managed Care showed that people who were satisfied with their care after a heart attack, heart failure or pneumonia were less likely to be readmitted to the hospital within 30 days.
•Help providers see you as a person. Once you get to the hospital, chances are you won’t know many of the folks taking care of you. Reminding people that you are more than a diagnosis can change that. Bring in pictures, maybe one showing you playing golf or tennis. Add a personal detail when you describe your medical problems to a doctor.
•Invite your doctor to have a seat. In a recent study, Norwegian researchers created simulations in a hospital setting, using real doctors and actors as patients and comparing electronic devices with paper medical records. The patient actors thought the doctors were so busy with their devices that they shouldn’t interrupt to ask questions. If you experience that dynamic, you can change it and make it easier to communicate by inviting your doctor to sit down and have a conversation.
•Have your people with you. An advocate can help in a number of ways — for instance, making sure you are comfortable, getting information from the doctor or nurse, helping you make decisions about treatment and speaking for you if you aren’t able to speak for yourself.
•Know when errors tend to occur. In a new national Consumer Reports survey of 1,200 recently hospitalized people, patients who thought there weren’t enough nurses available were twice as likely to experience some kind of a medical error and 14 percent less likely to think they were always treated with dignity and respect. Shift changes can also create safety hazards, as can care transitions, such as moving from an intensive care unit to a hospital floor. If you know when and where errors are most likely to occur, you can make a special effort to have your advocate be present then.
•Find a “troubleshooter.” Navigating the hospital is much easier with an “insider” ally. You or a family member should introduce yourself to the head nurse on duty or seek out the nursing supervisor, attending physician or even a physical therapist or aide with whom you feel comfortable. Then, if something goes wrong, you will have already established a personal connection with someone who knows the system and can help.
•Be assertive and prepared, but always be courteous. Think about what you want to ask your doctors when they rush in for that early morning visit, and say it out loud a few times so that you get what you want from the encounter.
•Write things down. With doctors, nurses, technicians, medical students and social workers in and out of your hospital room, it can be very difficult to keep track of what is being done, especially when you are ill. Consumer Reports recommends listening to what they have to say, asking questions and taking notes.
•If you don’t understand something, ask again. Medicine is complicated stuff, and sometimes doctors forget you haven’t studied it. “This is so much a part of their lives and their vocabulary. Sometimes they rush through an explanation without realizing that the person in front of them has no clue how to interpret what they just said,” says communications specialist Carolyn Thomas. “I simply raise a hand in the ‘stop’ position, and politely remind them that I haven’t been to medical school, so please slow down and translate.”

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The Department of Justice Is Investigating LifePoint Hospitals

Modern Healthcare (2/13, Schencker, Subscription Publication, 246K) is reporting that in a Feb. 12 filing with the Securities and Exchange Commission, Tennessee-based LifePoint Hospitals “revealed” that it is “the target of federal investigations, more than twelve individual lawsuits and two class action suits alleging the performance of improper interventional heart procedures.” After conducting “an internal review,” LifePoint “identified two cardiologists who ‘independently elected to place cardiac stents that may not have been clinically appropriate,’ according to a LifePoint statement released” yesterday. LifePoint “then self-reported the matter to the Department of Justice.” The two physicians no longer practice at any facilities affiliated with LifePoint, according to a company statement. Currently, the only LifePoint Hospital in Georgia is Rockdale Medical Center.

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Outpatient Surgery

More and more people are having minor surgical procedures at their doctor’s office, instead of in a hospital setting. According to the Wall Street Journal, the nonprofit Institute for Safety in Office-Based Surgery (isobsurgery.org), a group led by anesthesiologists and other medical practitioners, is spearheading an effort to establish national standards and regulations for office-based procedures.  The Wall Street Journal quoted Dr. Fred Shapiro as saying, “This is really the wild west of health care.” Dr. Shapiro is an assistant professor of anesthesia at Harvard Medical School and is president of the Institute for Safety in Office-Based Surgery.  According to Dr. Shapiro, the group is planning to train office personnel in safety procedures and offer  certificates of quality to offices that meet safety criteria including accreditation by one of three major accrediting organizations.

The Wall Street Journal Reports that minimally invasive surgical procedures and new anesthesia techniques at outpatient facilities are making it easier than ever to have surgery. However, recovery from such procedures can still take weeks or months.

The growing number of procedures performed in doctor’s offices is a little-regulated side of the fast-growing filed of outpatient surgery.  The Wall Street Journal reports that at least 15 million procedures are performed at more than 50,000 office-based locations, but only 22 states have any kind of regulations of such practices, and only a fraction of the offices are accredited by any of several independent review boards.

The Institute for Safety in Office Based Surgery recently developed a safety checklist similar to those used by hospitals for preventing infection.  The Wall Street Journal reports that patients should be evaluated for their risks of deep vein thrombosis – a blood clot – and the physician and staff should go through the same safety procedures used in hospitals, such as marking the surgical site to ensure the right body part is operated on, and making sure emergency supplies are at the ready.

Dr. Fred Shapiro told the Wall Street Journal Health Blog that many doctor’s offices are not sufficiently equipped to deal with patient emergencies and unexpected complications that arise during or after surgery. Additionally the doctor’s offices may have small staffs with no time to properly instruct patients in follow-up care or call back after surgery to monitor the patient after discharge.  The Institute for Safety in Office Based Surgery checklist includes providing patients with written follow-up instructions.

For more information visit Boyd B. Newton at http://www.injurylawyerofatlanta.com.

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Medical Errors Outside the Hospital

Laura Landro of The Wall Street Journal Health Blog has published an interesting article concerning medical errors that occur in places outside the hospital setting. Examples include doctors’ offices, outpatient surgery clinics, and other medical clinics. The WSJ Health Blog concludes that attempts to improve patient safety should move beyond the hospital setting to outpatient settings.

Laura Landro cites a new study published in the Journal of the American Medical Association that analyzes malpractice claims paid on behalf of physicians. According to the AMA’s study, 10,739 medical malpractice claims were paid in 2009. In that year, the number of outpatient and inpatient claims was approximately the same.  However, the proportion of claims associated with outpatient care had slightly increased.  Counting events involving both settings, 52.5% involved outpatient care at least in part, resulting in about $1.5 billion in malpractice payments according to Laura Lando’s blog article. (Presuming that medical malpractice claims represent only a small proportion of adverse events or mistakes, malpractice claims are one of the ways to analyze medical errors.)

The lead author of the AMA study was Tara Bishop who is an assistant professor of public health at Weill Cornell Medical College. Dr. Bishop told the WSJ Health Blog that although there are about 30 times more outpatient visits as inpatient visits per year, the characteristics of the two visits are so different that it’s very difficult to make a direct comparison about the relative risk of an error.

Nonetheless, Dr. Bishop told the WSJ Health Blog that the sheer number of outpatient-related medical malpractice claims was surprising, and suggests that this area needs attention.  According to Dr. Bishop and her colleagues, the proposition is complicated because “there are many more sites of outpatient care than inpatient care, and many outpatient sites may be too small to have well-trained staff who devote significant attention to improving patient safety.”

Almost 50% of the outpatient medical malpractice claims were associated with diagnosis, according to the WSJ Blog, which cites Tejal Gandhi, chief quality and safety officer at Partners Healthcare. Gandhi was co-author of a Perspective piece on outpatient-care related errors published in the fall of 2010 by the New England Journal of Medicine.  Gandhi concurs that diagnostic mistakes are a major source of problems. Gandhi states that her own research suggests diagnostic errors are not the result of a single mistake, but of a series of mistakes in the process – for example, failing to order or follow up on a test combined with a lapse or memory.

The WSJ Health Blog quotes Gandhi as saying “For every missed or late diagnosis, an average of three things went wrong.” According to Gandhi, it is easier – though not necessarily easy – to develop systems to improve test-result management instead of trying to handle medical mistakes that arise from poor judgment or memory lapses says.

Gandhi stated that medication errors, which are also common in outpatient settings, can potentially be avoided with the use of e-prescribing and electronic-medical record systems. However, according to the WSJ Health Blog, Gandhi cautions that the systems must be implemented well and that there are still many questions concerning how to best maintain accurate medication lists.

Another big source of medical errors involving outpatient care is the transition from the hospital to community-cased care.  Laura Landro quotes Gandhi as saying “We need better partnerships between in- and outpatient settings,” including communication and data flow between institutions. Gandhi states “We need hospitals and primary-care providers and specialists to work together on this,” according to Laura Landro.  Gandhi further says that efforts must include rehabilitation and skilled-nursing facilities in addition to doctors’ offices.

The WSJ Health Blog cites the National Quality Forum, a government-advisory group that develops voluntary safety standards, which announced its latest list of serious reportable events – largely preventable medical errors such as wrong-site surgery and medication errors.  For the first time, the events have been analyzed for their applicability to the office-based practices, ambulatory surgery centers and skilled nursing facilities in addition to hospitals.

With the number of outpatient medical malpractice cases on the rise, Boyd B. Newton PC, an Atlanta Medical Malpractice Attorney, can provide a free consultation to determine if you have a case.  You may also visit http://www.injurylawyerofatlanta.com.

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Encouraging News in Efforts to Prevent Diagnostic Errors

According to Laura Landro of the Wall Street Journal’s Health Blog, diagnostic mistakes are the Achilles’ heel of medicine, yet little has been done to prevent their deadly toll.

With the growing concern over the costly medical malpractice claims from mistaken diagnosis, two of the United States biggest health-care providers, the Veterans Administration and Kaiser Permanente, are spearheading the attempts to improve diagnostic accuracy.  According to Laura Landro, the VA and Kaiser are embarking on initiatives aimed at the most common lapses in the diagnostic process, such as failure to order the right tests, create proper follow-up plans, obtain complete medical histories or perform adequate physical exams.

Laura Landro reports that Kaiser and the VA are using a variety of new tools, including Web-based “decision support” programs to assist doctors by offering an array of possible diagnoses they might not have considered or prompting them to perform appropriate tests on patient with certain symptoms. Jason Maude co-developed one such system, known as Isabel (isabelhealthcare.com). Jason Maude is the former head of equity research at a financial-services firm. According to the Wall Street Journal Health Blog, Jason Maude developed this system after his daughter, Isabel, had a serious infection that went undiagnosed.

The Wall Street Journal Health Blog states that Kaiser and the VA are pilot-testing the Isabel system, which is already in use by a small but growing number of doctors’ offices, hospitals, and medical-information companies across the globe.  After a patient’s symptoms are entered into a computer, the Isabel program usually presents 10 diagnoses on the first Web page, and an additional five to10 on subsequent pages, up to a total of 30, in no particular order.

Mark Graber, the chief of medical services at the VA Medical Center in Northport, N.Y., has discovered that the Isabel program suggested the correct diagnosis in 98% of the cases, the Wall Street Journal Health Blog reports. Dr. Graber states that decision-support systems can help doctors avoid the medical diagnostic mistake of “premature closure”, which is the tendency to focus on one medical diagnosis that appears to explain all of the symptoms, then stop considering other possibilities, according to the Health Blog.

Studies show that diagnostic errors occur in 10% to 30% of cases, and generally arise from errors in doctors’ thinking, glitches in the health-care system, or some combination of the two. The Wall Street Journal reports that while many diagnostic errors do not result in serious injury, diagnostic errors that potentially could have changed a patient’s outcome are found in 5% to 10% of all autopsies, according to a 2002 study funded by the Agency for Healthcare Research and Quality.

According to the Wall Street Journal’s Health Blog, diagnostic errors are among the largest causes of paid medical malpractice claims at Kaiser and the VA, but studies show an industry wide problem.  A study of 300 closed medical malpractice claims published in the Annals of Internal Medicine found that 59% involved diagnostic errors that seriously injured patients and 30% resulted in death.

The Wall Street Journal’s Laura Landro reports that the closed medical malpractice-claims dockets are filled with horror stories, including the story of a 56-year-old California real-estate broker who suffered brain damage and had to have both legs amputated below the knees after emergency room doctors misdiagnosed his aortic dissection as angina, delaying treatment of this surgical emergency.  The Health Blog states that colon and breast cancers are among the most frequently misdiagnosed or overlooked, leading to shortened life spans and premature deaths.

According to the WSJ’s blog article, Dr. Graber, who is also associate chairman of the department of medicine at the affiliated State University of New York at Stony Brook, states that misdiagnosis errors have “barely been on the radar screen,” compared with more obvious errors such as wrong-site surgeries.  The Wall Street Journal reports that Dr. Graber is one of several VA experts looking for ways to reduce diagnostic errors by ensuring critical test results reach the correct doctor and are acted upon in a timely manner.

The WSJ reports that with more than 10,000 known medical conditions and symptoms that are often hard to distinguish, doctors frequently cannot synthesize everything they need to accurately diagnose the correct condition.  Because medical doctors are not usually challenged by their patients, peers or subordinates, they can develop a dangerous combination of “overconfidence and complacency,” says Dr. Graber, who has hosted a meeting in Naples, Florida, with other experts to explore how to raise awareness of the problem with doctors.

The blog states that failure to diagnose often happens when patients see several different health-care providers who don’t communicate. Failure to diagnose also happens when patients’ complaints are not taken seriously – such as a patient who shows up with chest pains but doctors don’t test for cardiac disease.  In analyzing the diagnostic process recently, Kaiser found that doctors sometimes did not correctly interpret a patient’s symptoms, such as a nursing mother whose breast lump is dismissed as a clogged milk duct from a breast pump – and turned up nine months later with a four-centimeter breast mass.

According to Laura Landro, adding the Isabel system would cost about $180 per bed per year for a hospital, which equals approximately $54,000 a year for an average 300-bed hospital, and $500 a year for individual physicians and group practices.  Doctors who have employed the Isabel system at hospitals around the country report that it especially helps in teaching medical residents.

The WSJ article states that, when making rounds with residents of children with “tricky symptoms,” Richard Chinnock, chairman of pediatrics at the Loma Linda Children’s Hospital in Loma Linda, California, says he asks his residents, “Did you guys Isabel this?  Are you comfortable you thought of everything?”  At Yale University’s Yale-New Haven Children’s Hospital, physician in chief Margaret K. Hostetter states that the Isabel system is employed “to get residents to broaden their thinking” and to consider such issues as whether a child with a fever and rash should be evaluated not only for infections but also for juvenile rheumatoid arthritis or lupus.

The Wall Street Journal quotes Stephen Borowitz, a specialist in pediatric gastroenterology at the University of Virginia Children’s Hospital, and another Isabel user. According to Dr. Borowitz, “This is really a culture change for doctors. We have to face that we can’t really know it all or carry all the medical knowledge in our heads.”

Kaiser is also testing a diagnostic aid for the emergency department called the Emergency Medicine Risk Initiative as part of its new electronic-medical record system according to the Wall Street Journal. The diagnostic aid is designed by Chicago area patient-safety and risk management concern called the Sullivan Group.  Laura Landro’s blogs that the Web-based tool prompts physicians and nurses to ask for a series of questions, order certain tests and record their actions on a chart for patients that present with high-risk symptoms such as chest pain, shortness of breath and childhood fevers that could be signs of serious illness but are often misdiagnosed.  The prompts make sure that medical professionals consider rare conditions, but also makes them document in an electronic medical record or paper chart that they have covered all the bases by checking off their steps. Even though the program can be cumbersome and time-consuming, it can help prevent fatal medical malpractice errors.

Boyd B. Newton PC, an Atlanta Medical Malpractice Attorney, has handled numerous cases concerning medical misdiagnosis.  If you or someone you love has been injured from the negligence of a healthcare provider, contact us at 404-593-2630 or click the following link http://www.injurylawyerofatlanta.com/contact-us/.

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