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Illinois Supreme Court Rules Medical Malpractice Cap Unconstitutional

Senate Challenges Collusion by Medical Malpractice Insurance Companies

In the last several days there have been encouraging stories in the media reporting that the U.S. Senate, as it mulls over the health care reform bill, is pushing hard to prevent health and medical malpractice insurance companies from fixing prices.

Estate of Georgia Woman Wins $6M Verdict in DVT Case

Doctor Allows Patient to Die to Steal Watch

In an appalling story covered by multiple new outlets recently, a California Emergency Room physician was indicted in August for grand theft after stealing a Rolex watch from a dead patient.

The family of the dead man have filed a wrongful death lawsuit. The allegation is that the doctor did not make appropriate efforts to resuscitate the patient, who died of a heart attack. The doctor then pocketed the dead man's Rolex watch, and was apprehended by security soon afterward.

While the great majority of medical malpractice/negligence cases are far less egregious than this, they do happen often. If you or a loved one has been hurt by medical negligence, protect your rights by contacing an attorney at Williamson & Laveccia.

"Tort Reform" Unrelated to Health Care Costs

Tips for Preventing Medication Errors

Medical Malpractice Cap on Damages

Virginia has had a medical malpractice cap for approximately 30 years.  What that means is there is an arbitrary limit to the amount a victim of medical malpractice may recover regardless of how badly the victim was injured or the amount of medical bills or lost wages.  Currently the cap is $2,000,000. 

$2,000,000 is sufficient in most cases, but there are no exceptions to the cap.  In many cases the cap creates an incredible injustice.  Take the hypothetical example of a doctor or nurse who negligently overdoses a 40 year old patient on medications which cause a brain injury.  The patient remains hospitalized for 1-2 months and incurs medical expenses over $500,000.  He can no longer work at his job paying $50,000/year.  He will require in home care or permanent placement in a nursing home at a cost of over $50,000/year.  Therefore even without compensating him for his tremendous pain and loss of enjoyment of life, his medical bills and lost income exceed the maximum recovery under the Virginia:

$500,000 past medical expenses + $1,250,000 in lost income until age 65 + $1,750,000 in future medical bills (based on average life expectancy)

Total medical bills and lost income = $3.5 million

The victim under Virginia law can only collect $2,000,000 leaving him with $1.5 million in uncompensated medical bills and lost income.  Again we are not even taking into account his tremendous loss of enjoyment of life, dignity, pain, and suffering.

We believe that every person and every company should take responsibility for the consequences of their negligence including  doctors, nursing homes, hospitals, assisted living facilities, pharmacists, lawyers, truck drivers, contractosr, etc.

If you believe that you or a loved one is a victim of medical malpractice, you are welcome to contact us by phone at (804) 288-1661 or click here to contact us by email to discuss your legal rights.  We represent victims of malpractice and other types of wrongful conduct throughout Virginia including Richmond, Petersburg, Fredericksburg, Charlottesville, Hampton Roads, and northern Virginia.

Regards,

Josh Silverman

Half of Pediatricians Would Refuse to Admit Medical Mistakes

A recent study reports two very alarming malpractice statistics:

1. Approximately 7% of all hospitalized children are victims of medical malpractice often due to medication errors.
2. Only 50% of pediatricians would admit to the mistake.

"Pediatricians would admit error only half of the time." U.S. News and World Report, October 6, 2008.


Many of the pediatricians would admit the mistake, but only if it were obvious.  In other words, they would admit their mistake only if the parents would find out on their own.  The distinction between obvious malpractice and hidden malpractice is unethical according this article.  Amongst the most common errors are accidental overdose and adverse reactions to medication.  This issue became prominent when Dennis Quaid's newborn children were given massive overdoses of a blood thinner.  As I've discussed on recent blog posts, overdoses of blood thinners like Coumadin, Lovenox, and Heparin can be lethal and Dennis Quaid's children are fortunate to be alive.  That is why there is a "black box" warning on the physician information sheets for these blood thinners.

As parents we have to trust our children's pediatricians to provide quality care and we expect them to be upfront about their mistakes so we are fully informed about the health of our children and equally importantly so the pediatrician ensures that no other children are harmed.

One of the most common statements we hear from clients as medical malpractice attorneys is that they want to make sure no one else is a victim of medical malpractice.  That point is important.  From my experience, a small percentage of physicians commit much of the medical malpractice.  By holding physicians including pediatricians accountable through medical malpractice claims, you send a strong message that malpractice can not be tolerated and you help to protect other patients from needless suffering.

At Williamson & Lavecchia, L.C. we have represented clients throughout Virginia who range in ages from infants to those in their 90s living in nursing homes and assisted living facilities.  If you or a family member has been a victim of medical malpractice, please call us at (804) 288-1661 or click here to contact us by email. 

Josh Silverman

Trial of a Medical Malpractice Case

Minimal Staffing Requirements for Nursing Homes

Nursing Home Aide Charged with Abuse

Half of all Richmond Nursing Homes Rated 1 Star

As you may have heard Medicare is now rating nursing homes on a scale of 1 to 5 stars.  This morning I searched for all nursing homes in a 25 mile radius of our office in Henrico County.  The search showed that there are 25 nursing homes in the area.  Most astonishing 13 of the 25 nursing homes earned only 1 star! Two nursing homes earned only 2 stars.  At the same time only one facility, Children's Hospital, earned five stars. 

People can argue about the significance of the star ratings.  The nursing homes defend themselves by arguing that the ratings reflect past mistakes, and do not reflect future performance.  By theory they may have a point.  A nursing home that has neglected patients in the past can turn itself around.  Hopefully, the rating system will provide a strong incentive for nursing homes to improve care so they can improve their grade. 

In my opinion, the star ratings are an important tool for families to assess the quality of nursing homes.  The star ratings both help families find good nursing homes and they also help families monitor the quality of care their loved ones are receiving. 

An important question is if a family member is injured in a nursing home, does the star ratings prove negligence?  The answer is that it can help prove that the nursing home was negligent.  For example, if the nursing home received a low star because they were cited for neglecting your loved one, we can issue a Freedom of Information Act (FOIA) request for the investigative papers from the Department of Health including notes of interviews with staff members. Even if the poor rating is not based on the care of your loved one, it may show a pattern of understaffing, false documentation of medical records, malnutrition, pressure ulcers or falls.  

Ultimately, if your loved one has been injured or neglected in a nursing home, the star ratings is a tool for you to use to learn whether the nursing home has been complying with federal and state regulations.  For more information about nursing home malpractice, please click here to visit our nursing home abuse and neglect website.

If you believe a loved one is a victim of nursing home abuse and neglect, please contact us by email or call us at (804) 288-1661 to discuss your legal rights.  Unfortunately, Virginia has a short statute of limitations so time is of the essence. 

Regards,

Josh Silverman

Largest Crib Recall in U.S. History

$300M Verdict against Philip Morris

Drugs Often Go Untested, Report Says

The Government Accountability Office reported this week that of the tests that the FDA ordered drugmakers to perform in thlast 16 years, over a third of them have not been done.

These drugs are already on the market, and with many of them, doctors and patients are still unsure whether they are beneficial, or even harmful.

The FDA claims that leglislation from 2007 gives them greater power to mandate this type of testing, but there remains a considerable backlog on tests unperformed.

As a result, it is possible for the end-user (the patient) to experience complications or side effects, the risks of which they were totally unaware of.

If you've experienced an injury or illness from taking medicine that did not state that such complications were a risk, contact an experienced attorney to find out how you can protect your rights.

Children's Tylenol Recalled

Williamson & Lavecchia Included in Largest Verdicts of 2009

Defamation Lawsuit Against Dixie Chicks

Punitive damages in Virginia