- Dan Frith | September 28, 2007 2:31 PM |
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MiscellaneousThe "learned intermediary" doctrine has been used for decades as a defense to product liability claims - primarily used by the manufacturers of prescription drugs. The doctrine relieves a drug manufacturer from the duty to warn a patient about the dangers inherent in the use of the product. Since the drug can only be obtained via a doctor's order or prescription, the learned intermediary...
- Lauren Ellerman | September 27, 2007 1:25 PM |
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MiscellaneousI don't write down what I eat every day - so why are nursing homes required to record a resident's food and water intake? If someone is in a nursing home, they are there because they need skilled care, or additional assistance with activities of daily living. In addition, if elderly, they are likely dealing with many other issues that occur with age - such as, digestion problems, swallowing...
- Dan Frith | September 26, 2007 11:07 AM |
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Medical MalpracticeLets say you are new to an area...your child is sick....and you pick up the phone book to look for a pediatrician. You know that a pediatrician is a physician who has specialized training in caring for infants and adolescents, right? Unfortunately, you maybe wrong!A recent study concludes that up to 17 percent of physicians practicing pediatrics have never been board certified and some have...
- Dan Frith | September 25, 2007 9:59 AM |
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Medical MalpracticeStevens Johnson Syndrome (SJS) is an allergic reaction caused by various drugs, many of which can be purchased at your local drug store. SJS can be caused by almost any medication including anit-biotics, anti-convulsants and pain killers. Adverse drug reactions (ADR's) account for approximately 150,000 deaths per year in the U.S. alone, making drug reactions the fourth leading cause of death...
- Dan Frith | September 25, 2007 9:46 AM |
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Nursing Home & Elder AbuseI confess...I hate arbitration agreements in nursing home admission contracts and I am seeing more of them every week. What does a arbitration agreement mean to a nursing home resident who is abused and neglected? It means the resident or his/her family cannot hold the facility accountable for its negligence. It often means that any dispute over the care provided by the facility will be...
- Lauren Ellerman | September 24, 2007 4:30 PM |
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Nursing Home & Elder AbuseIn a nursing home or medical malpractice action, you must prove the health care provider violated the "standard of care" and that the breach, caused the injury or damages complained of. So, who establishes these "standards?" Not the hospitals, or nursing homes - but it is the general, local standard. Meaning, its not written down and hard to present to the jury. There are some guidelines...
- Dan Frith | September 24, 2007 3:56 PM |
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MiscellaneousWe hear all the time from people that a nursing home will not allow them to go visit their mother, father, or other loved one except during specified visitation hours. This is a bunch of baloney!The federal law governing nursing home regulation is called the Nursing Home Reform Act of 1987. The Act says that the resident has the right and the facility must provide for immediate access to any...
- Shannon Weidemann | September 22, 2007 9:49 PM |
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Automobile AccidentsA 16-year-old high school student at Covington High School was killed in a single-car accident on Wednesday. The victim was a passenger in the back seat and he was not wearing a seat belt at the time of the accident. Investigators think the 17-year-old driving the car was speeding, and detectives estimate he was going about 85 MPH on the Hot Springs/Covington exit. The speed limit for the...
- Lauren Ellerman | September 21, 2007 11:57 AM |
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MiscellaneousHave you ever heard of a pressure ulcer? Bed sore? Decubitus ulcer? Fancy terms for the same thing - a wound created because excessive pressure on the skin, causes skin breakdown. These wounds occur frequently in long term care settings. Now, by stating they occur frequently, I am not implying that pressure ulcers are not preventable, or treatable. I am stating the simple, but true fact, that...
- Lauren Ellerman | September 20, 2007 9:05 AM |
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Nursing Home & Elder AbuseWe understand that making the decision to place a loved one in a long term care facility, is both stressful, and typically requires quick thinking... but please, READ THE CONTRACT.I handle the Nursing Home inquiries at our firm, and the first question I ask the family, is who signed the contract. I also ask if they read it and retained a copy. Nursing Homes and other Long Term Care facilities...
- Dan Frith | September 19, 2007 4:28 PM |
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Nursing Home & Elder AbuseWe represent a lot of families who wish they had more information about the nursing home before they placed their mother or father at the facility. Before their father became malnourshed and dehydrated...before their mother or sister suffered repeated falls and the resulting broken hip...before those horrible decubitus ulcers got started!Well, here is a quick look at 5 things you should do...
- Dan Frith | September 18, 2007 10:44 AM |
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Nursing Home & Elder AbuseHerman Johnson needed good medical care and he didn't get it at the Beverly Enterprises owned facility located in Camden, Arkansas. Mr. Johnson was admitted to the facilty in March of 2005 and, less than 60 days later, was found unresponsive in his wheelchair suffering from bedsores, malnutrition, and dehydration. I don't call this good medical care!Johnson's family filed a lawsuit against...
- Chrissie Cole | September 13, 2007 12:25 AM |
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Nursing Home & Elder AbuseOn Thursday, a certified nursing home assistant was ordered to stand trial in a nursing home abuse case that alleges he molested an 85-year-old patient that resides at the long-term care facility.The alleged attack occurred on July 1 at Joseph Villa, in Salt Lake City. His charges include Class A misdemeanor lewdness, first-degree felony rape and second-degree felony forcible sexual abuse....
- Chrissie Cole | September 10, 2007 1:10 AM |
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MiscellaneousA popular Newport Beach anesthesiologist is being accused of medical and professional negligence in his "rapid detox" drug treatment.The Medical Board of California is accusing Dr. Clifford Berstein of releasing a patient who later became ill with pancreatitis and other health issues after undergoing opiate withdrawal after being under anesthesia.Bernstein is accused of filling out the patients...
- Shannon Weidemann | September 05, 2007 11:27 AM |
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Automobile AccidentsTwo teenagers from Cana, Virginia were killed after riding in the bed of a pickup truck. A third victim was killed after not wearing a seatbelt in the cab of the truck. The truck was being driven by an underage and unlicensed driver. The car accident happened on Sunday in Hillsville. The accident occurred on Virginia 690 in Carroll County, about two miles north of the North Carolina border....