Attorney Blog

Illinois Supreme Court Rules Medical Malpractice Cap Unconstitutional

tlitzenburg@wllc.com (Blog Author)26215 — Fri, 05 Feb 2010 08:00:00 EST

Just yesterday, the Illinois Supreme Court overturned that state's medical malpractice "cap" because it limited compensation to injured persons.

Specifically, the Court ruled that the law violated the state Constitution's "separation of powers" clause, because it took away power that should rest solely with judges.

Eleven states now have abolished their medical malpractice caps. Patients in those states are now entitled to receive the full compensation that a judge or jury of their peers awards to them. In other states, including Virginia, the amount that a jury decides is fair compensation to an injured person is often automatically reduced by statute.

If you think Virginia should join states like Illinois in ending its restriction on a victim's right to recover, contact your delegate or state senator today.

If you or a loved one have been injured as a result of medical malpractice, contact an attorney at Williamson & Lavecchia to preserve your right to justice.

Williamson & Lavecchia Included in Largest Verdicts of 2009

tlitzenburg@wllc.com (Blog Author)25494 — Fri, 22 Jan 2010 08:00:00 EST

This week's issue of Virginia Lawyers Weekly contained a feature on the largest Virginia verdicts of 2009. At Number 11 was a medical malpractice case successfully handled by two Williamson & Lavecchia lawyers, Jonathan M. Petty and Timothy Litzenburg.

Williamson & Lavecchia won a $3.7 million dollar verdict on behalf of a victim of medical malpractice. Here's a link to the article.

If you've been injured as a result of medical malpractice, contact an experienced lawyer at Williamson & Lavecchia today to protect your interests.

Senate Challenges Collusion by Medical Malpractice Insurance Companies

tlitzenburg@wllc.com (Blog Author)25093 — Fri, 15 Jan 2010 08:00:00 EST

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.

In 1945 Congress allowed insurers to become exempt from anti-trust regulations that guard against price-fixing. In a letter to President Obama, Senate leaders urged him to support the repeal of these exemptions, pointing out “These acts hurt consumers, drive up health care costs, and should be prohibited in the health insurance industry, as they are in virtually every other industry.”

As I've stated in previous blog posts, limiting injured persons' right to recover, otherwise known as "tort reform", bears little to no relation to a decrease in health costs through lowering medical malpractice premiums. Preventing insurance companies from making back-room deals to fix prices and keep premiums artificially high, however, is bound to have an appreciable, positive effect on the affordability of health care.

If you agree, contact your senator in short order and say so.

If you or a loved one has been injured by the negligence of another, contact click here to email an experienced lawyer at Williamson and Lavecchia or call us at (804) 288-1661 to protect your rights.

Virginia Ranks No. 2 in Nation in Assisted Living Facility Beds

js@wllc.com (Blog Author)24722 — Fri, 08 Jan 2010 08:00:00 EST

Virginia ranks second in the nation in the number of assisted living facility beds per capita according to a recent study published in Health Affairs. In general that is good news. Assisted living facilities provide an important bridge for people who need assistance with meals, bathing, and other activities, but do not need to be in a nursing home. An assisted living facility should provide a clean secure environment with a caring staff that assists residents with meals, social activities, medications, bathing, etc. while preserving their independence.

The reality is that there are too many assisted living facilities that are inadequate and neglect their residents. Examples including inadequate heat, poorly maintained buildings, and unqualified staff. Much of the problem stems for the lack of regulations. While nursing homes are heavily regulated, assisted living facilities largely go unchecked by the government. That means when something goes wrong, filing a complaint with the Department of Social Services may not lead to changes at the facility to protect the residents.

Your options when a resident is injured or tragically killed by neglect at an assisted living facility go beyond filing a complaint (which you can do). Pursuing a civil claim for damages sends a compelling message to assisted living facilities that poor care will not be tolerated. It gives the facility a financial incentive to provide quality care to avoid future lawsuits. In Virginia you may recover for actual injury to the resident which is called compensatory damages. There is no cap on the amount of compensatory damages that may be recovered against an assisted living facility. If the assisted living facility acted recklessly or willfully you may be able to recover punitive damages to punish the facility and to deter poor care in the future. Punitive damages are capped at $350,000 in Virginia.

If you believe that a loved one has been injured or killed due to neglect at an assisted living facility, please call us at (804) 288-1661 or click here to contact us by email for a free consultation.

How you do investigate complaints against nursing homes?

js@wllc.com (Blog Author)24480 — Tue, 05 Jan 2010 08:00:00 EST

A common question we receive is how do I find a good nursing home so my parents will be treated with dignity? We hear that the nursing home admission staff are very nice, the nursing home is clean, and the nursing home has a full social calendar for the residents, but that does not always mean that the patients are being treated with dignity, adequately fed, and free of painful pressure ulcers and other types of abuse and neglect.

If you want to dig below the surface to find out how patients are really treated consider making a Freedom of Information Act (FOIA) request to the Virginia Department of Health. You do not need a lawyer and in fact the request can be made by telephone or over the Internet. Here is a link to the Virginia Department of Health website with specific information on how to request information: http://www.vdh.state.va.us/Administration/FOIA/

The Department of Health will not tell you what to request. However, I suggest requesting the following documents:

-All survey and inspection reports for the past two (2) years.
-All complaints and complaint findings for the past two (2) years. By law the Department of Health should redact the names of all patients and the complaining parties.
-All documentation of violations and disciplinary actions against the nursing home in the past two (2) years.

By law the Virginia Department of Health must respond within five (5) business days. In my experience, they are pretty diligent and generally respond within five days. If you have any questions on how to make a Freedom of Information Act request, please call me at (804) 288-1661 or email me by clicking here.

Regards,

Joshua Silverman

Resident on Resident Violence in Nursing Homes

js@wllc.com (Blog Author)23500 — Wed, 16 Dec 2009 08:00:00 EST

Yesterday I commented on the rise of "resident on resident" abuse in nursing homes. Today I learned of two more tragic cases. In an Illinois nursing home a patient who is a psychotic convicted felon beat to death a 72 year old patient. The victim, who suffered from dementia, wandered into the other patient's room and began eating his lunch. The other patient tragically beat him to death. He has now been charged with first degree murder.

In another case a 98 year old nursing home patient is charged with strangling her 100 year old roommate. The 98 year old probably will not face trial because of her severe dementia and cognitive impairment.

Could these deaths have been prevented? As I commented yesterday, nursing homes have a responsibility to protect their residents. They must remain vigilant in watching for signs that a resident may harm another resident. In many cases of resident on resident violence, the nursing home shares the bulk of the blame because the resident's behavior is often due to dementia and other diseases not a criminal mindset.

Nursing Home Patients Abused by Other Patients

js@wllc.com (Blog Author)23432 — Tue, 15 Dec 2009 08:00:00 EST

Nursing homes have a duty to protect their residents from abuse including abuse by other patients. A Cornell University study found that "resident on resident" abuse is far too common in nursing homes. The study identified 35 different types of abuse. The most common was verbal abuse which can cause emotional scarring. Other patients suffered physical abuse. Even sexual assaults in a nursing home are not unheard of.

Nursing home patients are particularly vulnerable to abuse. First, due to their health and age they often lack the physical strength to protect themselves. Secondly, nursing home patients suffering from dementia may not have the ability to call for help. Thirdly, nursing home patients are in close confines (roommates) with their fellow patients which creates an environment for tempers to flare. Lastly, other patients' health may make them prone to engaging in anti-social behavior.

If you want to learn more about patient rights, I encourage you to visit our Elder Abuse website at www.virginia-elder-abuse-law.com. If you or a loved one has been harmed by nursing home neglect, please call us at (804) 288-1661 or click here to contact us via email and an attorney will promptly respond to your inquiry.

Regards,

Joshua Silverman

Largest Crib Recall in U.S. History

tlitzenburg@wllc.com (Blog Author)23249 — Fri, 11 Dec 2009 08:00:00 EST

Over 2 million cribs were recalled last month in the USA and Canada. The cribs were manufactured by Stork Craft, which makes cribs for brands such as Fisher Price.

All the products were so-called "drop side cribs", on which one side of the crib can be lowered to make it easier to take the baby out. However, hardware problems can cause a gap in which a baby's heat can get caught, which in turn can lead to suffocation. Four children have died from this defect in the U.S.

Check the Consumer Protection Safety Commission list if you think you may have one of these defective cribs.

If so, the manufacturer will send a free repair kit, and you are urged to discontinue use of the crib until you can implement the kit.

While we should all be aware of any dangers related to the products we use in every day life, it is especially important to be vigilant about those products that might pose hidden dangers for our small children, who themselves cannot appreciate these dangers.

If you or a loved one has been injured as a result of a defective product, contact a lawyer at Williamson and Lavecchia to protect your rights.

Defamation Lawsuit Against Dixie Chicks

tlitzenburg@wllc.com (Blog Author)22875 — Fri, 04 Dec 2009 08:00:00 EST

A defamation lawsuit against the Dixie Chicks was dismissed this week in federal court. The suit sought damages for comments made by members of the band at a 2007 rally and on their website suggesting that the plaintiff was involved in the murder of his 8 year old stepson.

The man insisted that these accusations were false. However, the U.S. District Court judge ruled that the plaintiff could not show malice on the part of the country music singers.

In Virginia, defamation consist of three elements: publication of a statement (i.e. saying or writing it to someone else); the falsity of that statement which harms the person it is about; and fault on the part of the defendant.

Fault can be found from actual malice or from reckless disregard of the truth.

If your reputation has been injured by another person making false statements about you, contact an attorney at Williamson & Lavecchia to protect your rights.

$300M Verdict against Philip Morris

tlitzenburg@wllc.com (Blog Author)22148 — Fri, 20 Nov 2009 08:00:00 EST

On November 19 a Florida jury awarded the plaintiff $300 million dollars in the case of Naugle v. Phillip Morris USA. The plaintiff had become wheelchair bound as a result of emphysema after a history of cigarette-smoking.

That figure included some $244 million in punitive damages against the cigarette maker.

This is the largest verdict in a so-called 'Engle' case to date. Engle v. RJ Reynolds was a US Supreme Court case that rejected the attempt to use a massive class-action to fight cigarette manufacturers. As a result, many plaintiffs are fighting the battle on their own.

People suffer injuries every day from their use of consumer products, not just obivously dangerous ones like cigarettes. If you or a loved one has been injured through your use of some product, contact an attorney at Williamson and Lavecchia to protect your rights.

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

tlitzenburg@wllc.com (Blog Author)21737 — Fri, 13 Nov 2009 08:00:00 EST

A jury in Georgia awarded the family of a deceased woman $6,000,000 on October 20 in a medical malpractice action.

The woman had had knee surgery, and afterward developed deep vein thrombosis (DVT), essentially a blood clot in the leg, which travelled into her lungs, causing a pulmonary embolus (PE) and her death.

DVT and PE are preventable complications. There are several drugs that protect against clotting, as well as mechanical safety measures (compression legwear, foot pumps).

The deceased was at risk for DVT because she had recent surgery, she was obese, and she had a family history of heart disease and stroke, among other things. Other risk factors include: traumatic injury, multiple injuries, limitations on mobility, and advanced age.

Doctors are trained to recognize these risk factors and to actively protect against the risk of DVT. This doctor dropped the ball and failed to do so, and a preventable tragedy occurred.

In Virginia, a doctor is required to act with the care and expertise of a reasonable doctor in that specialty. This includes taking precautions against known risks.

If your loved one has suffered a pulmonary embolism, and his or her health care providers did not adequately guard against it, contact an experienced lawyer at Williamson & Lavecchia to protect your rights.

Republican Health Care Bill Takes "Tort Reform" to Extremes

tlitzenburg@wllc.com (Blog Author)21309 — Fri, 06 Nov 2009 08:00:00 EST

Republican members of Congress put forward their own healthcare reform bill last month to counter the healthcare bill authored by Democrats, which currently has majority support.

Among other things, the bill seeks to cap non-economic damages for injured victims of medical malpractice at $250,000.

President Obama has made clear that he wants to work with groups such as the American Medical Association to achieve reform, but he is not interested in implementing limitations on the rights of injured patients.

Neither should our lawmakers, and neither should private citizens. Senator Bob Casey called the proposal "insulting to our system of justice."

We regularly see, and handle, legitimate cases of medical negligence or wrongdoing where the victim has already suffered upwards of a million dollars in medical damages. Placing further restrictions on these victims' rights could serve only to help insurance companies' bottom lines, and provide no benefit to the American people.

Estimates on the impact of malpractice "reform" range from predicting that it would have no effect whatsoever on healthcare costs to predicting that it would provide for tiny incremental savings. The downside, however, is enormous.

This debate may strike the average citizen as academic until he or a loved one suffers a terrible injury due to someone's negligence. Then he is unlikely to be sympathetic to insurance giants.

If you are injured in the future, who would you want to decide how much money you are entitled to? A jury of your peers, or the insurance lobby, by way of oppressive federal regulation?

If you have strong feelings, contact your lawmaker. In the meantime, if you or someone you know has suffered as a result of medical malpractice, contact a lawyer at Williamson & Lavecchia to protect your rights.

Drugs Often Go Untested, Report Says

tlitzenburg@wllc.com (Blog Author)20827 — Fri, 30 Oct 2009 08:00:00 EST

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.

$3.2 million recovery in Zometa drug case

tlitzenburg@wllc.com (Blog Author)20456 — Fri, 23 Oct 2009 08:00:00 EST

On Wednesday, October 21 a Montana jury awarded $3.2 million dollars to a Missoula woman, finding that drug-maker Novartis was negligent in failing to warn about risks associated with its bone-strengthening drug Zometa. The plaintiff showed that the manufacturer was aware that the drug made people more likely to get osteonecrosis (bone death), but did not warn doctors who prescribe the drug to their patients.

Failure to adequately warn about a drug's dangers can establish a drug manufacturer's liability in Virginia. If you've been injured or become ill as a result of the negligence of a pharmaceutical company, contact a lawyer at Williamson & Lavecchia to preserve your rights.

Why is Medicare refusing to pay to remove surgical sponges?

js@wllc.com (Blog Author)20173 — Sat, 17 Oct 2009 08:00:00 EST

The reason is simple and logical: it is a never event. There is no legitimate reason why a patient should leave the operating room with a surgical sponge, towel, or instrument left inside her body. These events should never happen. They only happen when someone is not being careful. In most cases responsibility falls with the nurse for failing to properly account for each sponge placed in the patient's body.

It is a basic principle of surgical nursing that prior to surgery the nurse must have an accurate count of the number of sponges in the surgical field. The nurse must keep an accurate count of the number of sponges placed in the patient's body during surgery and then count each sponge removed. Before the surgeon sews up the patient, it is the nurse's job to tell the surgeon if a sponge remains in the patient's body.

The complications of leaving sponges in a patient are serious. In most cases the patient will require further surgery with risks of anesthesia, infection, and even death. Even in the best case scenario the patient must go through a painful recovery and miss time from work and family activities.

At Williamson & Lavecchia, L.C. we have represented numerous patients who were injured because foreign objects were carelessly left in their bodies. Examples include hysterectomies, c-sections, and gall bladder removal. For more information please read our retained object practice page.

Unfortunately Virginia has a short statute of limitations so if you or a loved one was injured because a surgical object was not properly removed, please call us at (804) 288-1661 or contact us by email to discuss your legal rights.

Falls in Healthcare Facilities

tlitzenburg@wllc.com (Blog Author)20137 — Fri, 16 Oct 2009 08:00:00 EST

When someone is injured as a result of a fall, "medical malpractice" is not a phrase that readily comes to mind.

However, when that fall takes place in a health care facility, as a result of negligent supervision or care, that's precisely what it is.

This week a Boston Globe article reported a Massachusetts family's successful settlement of their case against a Boston hospital after an 86-year old woman fell off an operating table after hip surgery, sustaining a serious brain injury which caused her death.

"Medical malpractice" doesn't refer only to amputating the wrong limb or leaving a sponge in after surgery. Any negligence in the context of providing health care is considered medical malpractice, making it a more complex case under Virginia law. I have dealt with several clients over the past year who have fallen in medical facilities and been injured as a result.

If you or a loved one has been injured due to a fall or any other form of medical negligence or malpractice, contact an experienced attorney at Williamson & Lavecchia to protect your rights.

Texas Woman Receives Settlement in Case Against Policeman who Tasered her

js@wllc.com (Blog Author)19779 — Fri, 09 Oct 2009 08:00:00 EST

Travis County, Texas settled a case against it this week involving misconduct by one of its police officers. During a traffic stop in May, the officer became very aggressive with a 72 year old woman,shoving her and eventually turning his taser on her.

To be fair, the woman was rather uncooperative and dared him to taser her. However, she clearly posed no physical threat to the officer, who was far bigger than she. While the police department admits no wrongdoing, those of us who have seen the video on the internet know that this woman was entitled to compensation.

While the great majority of those in whom we place our collective trust-- be they policemen, doctors, or anyone else-- carry out their duties with diligence and honor, there are always exceptions.

If you've been injured as a result of someone's wrongdoing or negligence, protect your rights by contacting an attorney at Williamson and Lavecchia, LC.

Doctor Allows Patient to Die to Steal Watch

tlitzenburg@wllc.com (Blog Author)19438 — Fri, 02 Oct 2009 08:00:00 EST

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.

Children's Tylenol Recalled

tlitzenburg@wllc.com (Blog Author)18967 — Fri, 25 Sep 2009 08:00:00 EST

According to Associated Press reports today, Johnson & Johnson has recalled some of the children's and infants' Liquid Tylenol it produced this year due to possible bacterial contamination. The company recalled nearly two dozen varieties. A complete list is available here.

If your child has taken liquid Tylenol recently, please make sure to check this list to prevent injury or illness. If you or a loved one has become sick or hurt after taking Tylenol or any other medication due to someone else's negligence, contact an attorney at Williamson & Lavecchia to protect your rights.

"Tort Reform" Unrelated to Health Care Costs

tlitzenburg@wllc.com (Blog Author)18205 — Fri, 11 Sep 2009 08:00:00 EST

You can't open a newspaper or turn on a television or radio these days without hearing about health care reform. One term some politicians and pundits like to toss into that discussion is "tort reform."

"Tort reform" refers to placing limitations on citizen's rights when they have suffered an injury at the hands of a wrongdoer. In the context of health care, it can mean limits on how much a patient can recover when he has been injured due to medical negligence, or making it more difficult for that patient to pursue his case.

Those in favor of "tort reform" argue that it will drive down health care costs. Not so, says Prof Gerard Anderson of Johns Hopkins' School of Public Health: "Tort reform as discussed in the United States would probably have very little impact. The states that have enforced tort reform have about the same amount of litigation-- and the awards are comparable-- as states that don't". (from 8/26/09 Baltimore Sun Article).

The federal government agrees. The Congressional Budget Office reports: "The evidence available to date does not make a strong case that restricting malpractice liability would have a significant effect."

Even giant insurance companies have to admit this truth. WellPoint has said that litigation and so-called defensive medicine "are not considered a recent significant factor in the overall growth of health care spending."

Don't be fooled. Under "tort reform", YOU lose, and the only winners are insurance companies.

If you or a loved one has been injured as a result of medical malpractice and you want to protect your rights, contact an attorney at Williamson & Lavecchia, LC.

Medication Error Settlement

js@wllc.com (Blog Author)18201 — Fri, 11 Sep 2009 08:00:00 EST

Despite advanced technologies to prevent deadly mistakes, medication errors are still commonplace. A recent Virginia settlement for over $1 million dollars makes this point. A patient was prescribed the blood thinner Coumadin. The prescription was for 2 mg, yet the pharmacy filled it with 5 mg tablets. After 10 days of being overdosed, the patient suffered severe bleeding and is now permanently paralyzed. Exercising reasonable care would have prevented this man's tragic injuries that will require lifelong care.

I wish this were a rare exception, but both the government statistics and my personal experience prove otherwise. We have handled numerous medical malpractice lawsuits stemming from medication errors. Examples included overdosing on Coumadin and Methotrexate, pharmacies filling prescriptions with the wrong medication, and nurses giving medications to the wrong patient.

If you have had a personal experience with medication errors, please consider putting a comment on our website to help other people understand the dangers. If you would like to discuss your situation with an attorney we are available. You may call us at 804-288-1661 or click here to email us.

Joshua Silverman, Esq.

Injury caused by "Medical Spas"

tlitzenburg@wllc.com (Blog Author)17958 — Fri, 04 Sep 2009 08:00:00 EST

The Medical Spa industry is booming, according to a Sep. 2 article in the National Law Journal. The number of these facilities has nearly quadrupled in the last five years. Medical spas are facilities that offer cosmetic treatments using medical devices, such as lasers.

Often, however, these treatments are not overseen by a doctor. Improper use of laser, mesotherapy, and other techniques can and has caused scarring, burning, pain and infection for the clients of the "spa".
Futhermore, Medical Spas' representations can be misleading, implying that there is almost no risk of side effects. It seems a risky proposition indeed to undergo a medical procedure at the hands of one of these Medical Spas.

If you or someone you know has been injured as a result of a procedure at a so-called Medical Spa, call 804-288-1661, or click here to contact a lawyer at Williamson and Lavecchia.

What are the chances that you will become a nursing home patient?

js@wllc.com (Blog Author)17692 — Mon, 31 Aug 2009 08:00:00 EST

According to our government, 70% of people over 65 will require nursing home care at some point in their lives. How much will it cost? Currently nursing home care averages almost $70,000/year. Click here to read the statistics.

The implications of these statistics are scary. It means that unless we die young we will be spending at least part of our "golden years" in a nursing home at tremendous costs. The nursing home industry would like us to believe that means we will be eating in a restaurant-like setting, all of our needs will be met with the simple press of a call bell, and we will wake up each morning looking forward to stimulating activities.

While there are nursing homes that live up to those expectations, far too many nursing homes are profit driven and provide insufficient staff to meet the needs of their residents. That leaves many nursing home residents isolated in their rooms and at risk for malnutrition, dehydration, pressure ulcers (also called bed sores or decubitus ulcers), and other serious injuries.

Each of us can be part of the solution. We can lobby Congress to enact laws making it illegal to under-staff a nursing home. We can support non-profit nursing homes. Lastly, we can hold nursing homes accountable. At Williamson & Lavecchia, we have established a website devoted to holding nursing homes accountable. On the website you can read about pressure ulcers, malnutrition, medication errors, falls, and other serious and preventable injuries.

If you would like to discuss your situation with a lawyer please call us at (804) 288-1661 or click here to contact us via email. We represent victims of nursing home abuse, assisted living facility neglect, medical malpractice and other serious injuries throughout Virginia.

With best regards,

Joshua Silverman

Ever wonder what life is like in a nursing home? Read this

js@wllc.com (Blog Author)17422 — Tue, 25 Aug 2009 08:00:00 EST

The New York Times published a great article about medical students who volunteer to experience life as a patient in a nursing home. They went to nursing homes with a mock illness or disability like a stroke and had to live life as a patient. The students experienced everything nursing home patients endure ranging from full body checks for pressure ulcers to learning how to maneuver a wheelchair in a small room.

The experience should help these future doctors better understand the struggles their patients will experience. Imagine being trapped by a stuck wheelchair and out of reach of your call bell. Or needing to use the bathroom and no one is available to assist you. Those are some of the struggles and adjustments nursing home patients endure.

I commend these future doctors for taking a very unusual approach to better understand their patients. I have no doubt that their future patients will reap the benefits of their experience.

Click here to read the article.

When we pursue nursing home malpractice cases the nursing homes often try to point fingers back at the patient for being "uncooperative" "resistant to care" or "combative." Perhaps experiencing a day in the life of a nursing home patient would help them better understand that their patients are acting more out of frustration with the struggles of adjusting to nursing home life than being "uncooperative."

Please feel free to comment on this article.

Regards

Josh Silverman
(804) 288-1661

New Nursing Home Guidelines Focus on Quality of Life

js@wllc.com (Blog Author)14165 — Tue, 23 Jun 2009 08:00:00 EST

The Center for Medicare and Medicaid Services (CMS) just issued new guidelines aimed to improve the quality of life for nursing home patients. The guidelines call for added focus on making the nursing homes more "home-like" and feel less like an institution. For example, nursing homes should eliminate overhead pages and allow residents to choose their own daily schedule. The bottom line is that nursing homes should treat their residents with dignity.

A copy of the new guidelines can be read in our online library by clicking here.

My take: This is a positive step, but far more needs to be done. Our population is aging and more of us will be spending at least part of our "golden years" in a nursing home. Nursing homes should be places where residents are well cared for, provided with stimulating activities, and are treated with respect. Nursing home residents should not have to fear being neglected and deprived of their basic rights.

In our experience, far too many nursing home patients spend their final days suffering from dehydration, malnutrition, and pressure ulcers. If you believe a loved one is a victim of nursing home abuse or neglect in Virginia please call us at (804) 288-1661 or click here to email us. We represent clients throughout Virginia including in Richmond, Henrico, Chesterfield, Petersburg, Charlottesville, Hampton Roads, and northern Virginia.

Treating the Medical Hit and Run

js@wllc.com (Blog Author)13842 — Wed, 17 Jun 2009 08:00:00 EST

I just read an insightful article in the Huffington Post about medical malpractice titled "Treating the Medical Hit and Run." A medical hit and run is when a doctor or hospital causes a preventable injury or death and then denies that anything happened. Medical hit and runs occur all the time. Hospital investigations are performed behind closed doors and rarely are the results shared with the patient. In fact there is a Virginia law that allows hospitals to keep their investigations secretive.

For many families the only avenue to the truth is through a medical malpractice lawsuit. In some cases we are able to obtain the results of these closed door investigations. In almost all cases we take the depositions of the health care providers. Does the truth always come out? Unfortunately no. However, more often than not we learn important facts that were not shared with the family. Perhaps the most important result of a medical malpractice case is that when these facts are shown in full day light the hospital or doctor will be more inclined to take steps to protect other patients. In one case involving a serious pressure ulcer, I was told by a representative of the hospital that they made changes to protect other patients from developing life threatening pressure ulcers.

I encourage you to read the article and share your thoughts on our blog. If you have particular questions, please click here to contact us.

Regards,

Joshua Silverman

Tips for Preventing Medication Errors

js@wllc.com (Blog Author)13106 — Mon, 01 Jun 2009 08:00:00 EST

WebMD.com has a useful article on preventing medication errors in hospitals. Suggestions including bringing your medications with you to the hospital, asking if you should continue taking your home medications, and most importantly asking questions. If you are not familiar with a medication a nurse is about to administer, ask for the name of the medication, the purpose, and how often you need it. You may find out that the medication was intended for another patient or the nurse was about to give it at the wrong dose. Your questions could literally be a lifesaver.

Click here to read the article.

We continue to hear from victims of medication errors throughout Virginia. If you believe that you have been injured by a medication error, you are welcome to contact us by email or to call us at (804) 288-1661 to discuss your situation.

Regards,

Joshua Silverman

Doctors Push "Gag Contracts" on Patients

tlitzenburg@wllc.com (Blog Author)12266 — Wed, 20 May 2009 08:00:00 EST

The Medical Justice Corporation, a Greensboro, N.C. entity headed by Dr. Jeffrey Segal, has been advising its members to use a standard one-page “contract” with all patients before they treat them. The document specifies “you agree to refrain from directly or indirectly publishing or airing commentary” about your doctor or your medical records.

This practice, begun in 2007 and in use by over 1000 physicians nationwide, is in response to various doctor-rating websites that have become popular, such as RateMD.com. Medical Justice Corporation began as an organization devoted to preventing patients from successfully recovering for their malpractice injuries, and files lawsuits against expert witnesses who agree to testify against doctors.

This type of agreement clearly violates the public policy favoring open discussion of medical treatment. Of course, good physicians have nothing to fear from such discussion. The “contracts” attempt to force patients to choose between health care and their First Amendment rights, and many are simply choosing another doctor instead of signing them.

Patients in Virginia have the right to discuss their medical treatment with whomever they wish, and giving up that right to see a doctor who requires one of these agreements is not a fair trade.

CNAs are Underpaid and Overworked

js@wllc.com (Blog Author)12195 — Tue, 19 May 2009 08:00:00 EST

Imagine working in a job where you have 50% chance of getting injured each year. Imagine being paid so poorly you can not afford to participate in an employer sponsored health plan. Imagine working under tireless conditions for 10 years and only being paid $2/hour more than your co-workers who have worked only one year.

According to an article in The Gerontologist, those are the working conditions of an average nursing home CNA. Of course certified nursing assistants (CNA) are the primary direct care givers for the 1.5 million Americans living in nursing homes. I encourage you to follow this link to read this shocking article: http://gerontologist.oxfordjournals.org/cgi/reprint/49/2/185.

A few other statistics: Over 30% of nursing home CNAs receive some type of government assistance. The median income is $10.04/hr.

These poor working conditions are not just unfair to the CNAs, they lead to poor patient care. Because of the low pay, CNAs commonly work multiple jobs. As stated in the article "working long hours may contribute to mistakes, affecting resident safety and quality of care." For the nursing home patient, that means increased risk of pressure ulcers, malnutrition, dehydration, falls, and medication errors. Senior citizens deserve better!

Joshua Silverman

Video Surveillance in Nursing Homes

js@wllc.com (Blog Author)12042 — Fri, 15 May 2009 08:00:00 EST

I just learned that a delegate in the Nevada legislature has introduced a bill to permit surveillance in nursing homes. The bill was prompted by outrageous cases of abuse and neglect of patients including stuffing a diaper in the mouth of a patient. I've commented on the use of "granny cams" in previous posts. In the past I've commented that I'm on the fence about whether they should be used because of concerns of privacy of nursing home patients who lack the capacity to consent to video surveillance. However, the longer I have been litigating nursing home abuse and neglect cases in Virginia the more I feel that families need tools like surveillance to protect their loved ones.

What do you think?

Regards,

Joshua Silverman

Preventing Medication Errors

js@wllc.com (Blog Author)11650 — Tue, 05 May 2009 08:00:00 EST

Medication errors are so common the pharmaceutical industry has published a three page guide for patients to use to protect themselves. It is ironic that the industry that may be the source of many medication errors is now advising patients on steps they can take to prevent medication errors. However, because the advice is useful I am providing a link to the article: Click here to read the article.

Many of the suggestions reflect common sense. The important point is that while we should be able to trust our healthcare providers, pharmacists, and pharmaceutical companies to prevent medication errors, often times they fail us and we need to protect ourselves.

At Williamson & Lavecchia, L.C. we have represented patients who sustained serious injuries and have died from medication errors. Examples include overdoses of antibiotics, mismanagement of Coumadin and Methotrexate, and administering the wrong medication to a patient.

Joshua Silverman

Liability of Sperm Banks

tlitzenburg@wllc.com (Blog Author)11380 — Tue, 28 Apr 2009 08:00:00 EST

A federal judge in Pennsylvania recently ruled that a 13 year old girl could sue the sperm bank that provided defective sperm to her mother, according to an article in the April 17^th issue of Science magazine. The plaintiff was born with Fragile X Syndrome, an inherited condition that causes mental impairment. The judge found that under New York law, strict liability applied to the situation, meaning that the plaintiff did not have to prove negligence to recover for her injuries.

Laws vary by state as to the ability to successfully sue the seller of sperm and other bodily products. In Virginia, a person can recover for injury caused by defective sperm, eggs, bodily fluids, etc. if the defect or impurity could have been detected by science at the time.

If you or someone you know have suffered as a result of negligence by a sperm bank, fertility clinic, or other provider of bodily products such as blood, contact a lawyer at Williamson and Lavecchia for a free consultation.

Fairness in Nursing Home Arbitration Act

js@wllc.com (Blog Author)11317 — Sun, 26 Apr 2009 08:00:00 EST

Imagine a loved one is seriously injured or dies as a result of nursing home neglect and you learn that you have no right to file a lawsuit against the nursing home. To say you'd be shocked and outraged is probably an understatement. Yet it happens all the time. Nursing homes routinely have new patients sign arbitration agreements that prevent the nursing home from being sued and being held fully accountable in a courtroom.

The Fairness in Nursing Home Arbitration Act has been reintroduced to Congress. Click here to read the Act on the Library of Congress website. If enacted, nursing home arbitration agreements would become unenforceable if signed before the patient becomes injured.

What do you think about the proposed law? I welcome your comments.

If you would like more information about the rights of nursing home patients please call us at (804) 288-1661 or click here to contact us by email. You can also learn more at our Elder Abuse and Neglect website.

Regards,

Joshua Silverman

States Weigh the Merits of Medical Malpractice Caps

js@wllc.com (Blog Author)10754 — Wed, 08 Apr 2009 08:00:00 EST

The 7th Amendment to the Constitution guarantees your right to trial by jury. You would think that means that if you are injured due to medical malpractice, your damages will be determined by a jury of your peers. Well that is not always true in Virginia and a number of other states. Virginia has a cap on damages currently at $2,000,000 for medical malpractice cases. Other states like Colorado and Nevada limit the amount that you can recover for pain and suffering to $300,000 and $350,000 respectively. In other words no matter how badly injured you are you can not recover more than a set amount.

Fortunately states are starting to rethink the merits of medical malpractice caps. Nevada and Colorado are considering raising their caps. Virginia's General Assembly is likely to consider raising the cap in the next session.

At Williamson & Lavecchia, L.C. we believe our clients should be fully compensated for their injuries without the constraints of a medical malpractice cap. For more information please click here to visit our Medical Malpractice section of our website.

Regards,

Joshua Silverman

Food Safety - Overhaul

js@wllc.com (Blog Author)10657 — Mon, 06 Apr 2009 08:00:00 EST

CQ HealthBeat (4/4, Attias) reported, "The laws governing the US food safety system need to be modernized to ensure Americans are protected from foodborne illness, witnesses and lawmakers said at a House Agriculture Committee hearing." At the hearing, Committee Chairman Rep. Collin C. Peterson (D-MN) said, "While it's true that our current food safety system and those entrusted to produce wholesome and safe products do a good job most of the time, it's clear that there are gaping holes at some points of the process. ... Modernization and reform are needed."

My thoughts: In the past year we have faced massive recalls of peanuts, pistachios, tomatoes and numerous other food products. Too many Americans have died or become seriously ill from food poisoning. The most common bacteria are e-coli and salmonella.

The starting point for improving food safety is better self-regulation. The government can not be in every plant every day. The manufacturers and retailers of food must become more vigilant in ensuring that the food they sell is safe and wholesome. Secondly, the government must put more resources to improving food safety. That means more unannounced inspections. However, that will never be enough. I believe we need to provide added whistle-blower protections for employees so they can report violations of our food safety laws without risking job loss.

If you are a victim of food poisoning, you have legal rights. You may be entitled to compensation for your medical bills, loss of income, and pain and suffering. At Williamson & Lavecchia, L.C. we represent victims of food poisoning throughout Virginia including Richmond, Petersburg, Fredericksburg, Hampton Roads, Charlottesville and northern Virginia.

For a free consultation, please call us at (804) 288-1661 or click here to email us.

Regards,

Joshua Silverman

Too many lawsuits or too much malpractice?

js@wllc.com (Blog Author)10558 — Thu, 02 Apr 2009 08:00:00 EST

Watching the news and listening to politicians you would assume there are far too many frivolous lawsuits that are driving doctors out of business. Is there any truth to those claims? Well the facts show that the frivolous lawsuit theory is nothing more than a myth according to a recent article published in the Canadian Medical Journal. Click here to read the article.

This article puts the myth to the test. The evidence is that most victims of medical malpractice never file a lawsuit. Studies have shown that almost 200,000 Americans die each year from medical malpractice. Calculated another way, 1% of all hospital patients are injured due to malpractice, yet only 4% of victims of malpractice will ever file a lawsuit. The study also found that the legal system does a good job of weeding out frivolous cases from meritorious cases.

Examples of malpractice include medication errors, misdiagnosis, hospital falls, pressure ulcers, foreign objects left inside of a patient, and surgical errors.

In my opinion, the focus needs to be on reducing the incidence of medical malpractice, not reducing legitimate malpractice claims. In other words the best way to reduce the number of malpractice lawsuits is for doctors and hospitals to commit less medical malpractice. That's where the focus should be.

If you or a loved one is a victim of medical malpractice you are invited to call us at (804) 288-1661 or email us for a free consultation. We only represent patients in medical malpractice claims.

Regards,

Joshua Silverman

Should surveillance cameras be permitted in nursing homes?

js@wllc.com (Blog Author)10521 — Wed, 01 Apr 2009 08:00:00 EST

They are nicknamed "granny cams" and more people are asking about them. With the prevalence of nursing home abuse and neglect families are looking for innovative ways to protect their loved ones. Since no one can be at the nursing home all the time, many would like to resort to cameras to keep an eye on their loved ones.

Nursing homes frequently ban the cameras. There are good arguments on both sides of the issue. Nursing homes point to the right of privacy of the residents and their roommate.s They argue that many residents lack the competence to consent to the cameras. On the hand, families have a very legitimate interest in protecting their loved ones from abuse and neglect.

A cottage industry has developed selling "granny cams" that can be hidden inside air purifiers, alarm clocks,
There currently is no law in Virginia requiring nursing homes to permit family members to install "granny cams."

What do you think: Should Virginia enact a law to require nursing homes to permit "granny cams?" Please send me an email with your thoughts or comments.

Joshua Silverman

Do I have a right to my medical records?

js@wllc.com (Blog Author)10520 — Wed, 01 Apr 2009 08:00:00 EST

Absolutely. In most cases under both Virginia and federal law a patient has a right to access his or her medical records. The hospital can not hold your medical records hostage because you are contemplating filing a medical malpractice lawsuit. Under Virginia law, a hospital or doctor's office must provide you with copies of your medical records within 15 days of receiving a proper request. If the doctor or hospital fails to produce your medical records within 15 days, your attorney may issue a subpoena for your records. Nursing homes are required to make the records available for review within 24 hours and to provide you with copies within 48 hours.

What happens if the nursing home, doctor or hospital ignores the subpoena?

Your attorney may file a motion with the court to obtain the records, attorneys fees, and other sanctions. Click here to read a Court Order I obtained against a podiatrist for failing to produce his patient's medical records.

If your health care provider is refusing to let you access your medical records, please call us at (804) 288-1661 or click here to email us to see if we can help.

Pistachios Recalled Due to Salmonella

js@wllc.com (Blog Author)10468 — Tue, 31 Mar 2009 08:00:00 EST

On March 30, 2009, the FDA issued a press release warning consumers of a voluntary recall of pistachio products sold by Setton Pistachio of Terra Bella Inc, Calif. The voluntary recall affects 1 million pounds of pistachios that may have been contaminated by Salmonella. Salmonella is known to cause very serious infections and can be fatal especially to the very young, the elderly, and people with a weakened immune system.

To find out if a particular product is subject to the recall go to the FDA website at http://www.fda.gov/pistachios/. If you believe you have eaten contaminated pistachios you should seek medical attention immediately. To protect your legal rights you should save the remainder of the package of pistachios and contact a lawyer experienced in food safety litigation. Under Virginia law, you may be entitled to compensation from the manufacturer, distributor, and retailer of the contaminated food.

At Williamson & Lavecchia, L.C. we represented victims of Salmonella food poisoning and other serious injuries. Please call us at (804) 288-1661 or click here to email us for a free consultation.

Regards,

Joshua Silverman
(804) 288-1661

Maggot Therapy For Pressure Ulcers

js@wllc.com (Blog Author)10306 — Thu, 26 Mar 2009 08:00:00 EST

Imagine a nursing home patient is transferred to the emergency room. The ER nurse or doctor removes a soaked bandage to find a large pressure ulcer that has been infected with maggots. Yes it happens and more often than anyone would like to think. Now if that is not shocking enough, when the patient's family files a lawsuit against the nursing home the nursing home claims the maggots were therapeutic, because maggots eat dead and infected tissue. Believe it or not that is a common defense.

Photos of maggots in pressure ulcers are frankly too gruesome for the website, but for anyone who has heard of but never seen a maggot, below is a photo of two maggots. As you can see they are about 1/2 the diameter of a penny.

The theory that maggots are effective treatments for pressure ulcers has been put to the test. Attached is a Reuters article about a controlled study of 267 patients with ulcers on their legs. They were divided into two groups. One group received "maggot therapy" and the other received traditional treatment. The patients with maggot therapy did not heal any quicker and they suffered worse pain than those receiving traditional treatment.

If you or a family member has suffered from pressure ulcers acquired in a hospital, nursing home, or assisted living facility, you are invited to contact us for a free consultation. We represent victims of medical malpractice, nursing home abuse, and other serious injuries throughout Virginia.

Regards,

Joshua Silverman, Esq.

Minimal Staffing Requirements for Nursing Homes

js@wllc.com (Blog Author)10122 — Fri, 20 Mar 2009 08:00:00 EST

Yesterday evening I was speaking to a group of senior citizens at a Triad meeting in Madison County, Virginia about the rights and remedies for nursing home residents. One of the best questions asked was what are the minimal staffing requirements for nursing homes in Virginia. In other words if there are 60 patients on a nursing home wing, how many nurses and nursing assistants (CNA) must the nursing home provide?

The answer shocked the crowd. Neither Virginia nor federal law provides for a minimal staffing requirement. Unlike day care centers for children, there is no regulation on the number of nurses and CNAs that must be on duty at nursing homes.

The tougher question is why do daycare centers have minimal staffing requirements and nursing homes do not? In both settings the people being cared for are dependent on the employees for their health and welfare. The difference is lobbying. The nursing home industry is a multi-billion dollar industry and growing. The industry has a slew of highly paid lobbyists who oppose minimal staffing requirements because increasing staffing levels cuts into profits.

If you or a loved one is a victim of nursing home neglect, please contact us to discuss your legal rights. In fact we have a website devoted to right of victims of elder abuse. You are welcome to call us at (804) 288-1661 or click here to email us for a free consultation.

With best regards,

Joshua Silverman

Medical Malpractice Myths

js@wllc.com (Blog Author)9679 — Fri, 06 Mar 2009 08:00:00 EST

President Obama has made reforming our healthcare system part of his agenda. We certainly need reforms as far too many Americans can not afford healthcare and too many patients are injured due to medical malpractice. I am certain that lobbyist for doctors, hospitals and insurance companies will push for tort reform as part of any changes in our healthcare system. Tort reform is a misnomer as it suggests an improvement. It does nothing of the sort. What tort reform typically means is that a victim of malpractice is denied access to our courts and can only recover a relatively small amount no matter how egregious the malpractice or how severe the injuries.

I just read an article in a legal publication that challenges the myths supporting tort reform:

Myth #1: Medical malpractice costs are driving up healthcare costs. Wrong. The author explains that studies show that medical malpractice costs the healthcare profession very little, even though the victims may suffer tremendously.

Myth #2: The tort system does a poor job of determining when malpractice occurs. The truth is that juries do an effective job of sorting out frivolous malpractice claims.

Myth #3: Medical malpractice can be "fixed" through reform. The reality is that the reforms proposed will do nothing to reduce the incidence of medical malpractice.

Speaking from personal experience, the problem with medical malpractice is not frivolous claims, it is frivolous defenses. We have seen hospitals defending leaving sponges inside of patients, administering the wrong medications, and even operating on the wrong part of the body. Medical malpractice costs would decrease significantly if hospitals, doctors, and nursing homes would spend less money making frivolous defenses and spend more on improving the care at the bedside.

Regards,

Josh Silverman

Nursing Home Patient Freezes To Death

js@wllc.com (Blog Author)8918 — Mon, 09 Feb 2009 08:00:00 EST

An 87 year old Alzheimer's patient was supposed to be kept in a secured unit. Instead she was found in the snow outside of the nursing home on a day when the high temperature was 27 degrees. She died of hypothermia. How she got outside is still under investigation. The nursing home claims that the doors had properly functioning alarms.

This tragedy shows the importance of nursing homes having sufficient qualified staff to care for their residents. Alzheimer's patients have special needs requiring the staff to ensure that they are properly fed, hydrated, and kept in a secure environment.

This tragedy reminds me of a client we represented several years ago. She was a resident of an assisted living facility in Richmond, Virginia. Unknown to her family, the assisted living facility had been cited several times for failing to provide sufficient heat for its residents. One morning the resident was found in an unheated room with a body temperature of 84 degrees. She was transported to the hospital and placed in intensive care. Unfortunately, she died two weeks later from her injuries. The case settled the night before trial.

For more information about the rights of the elderly in nursing homes and assisted living facilities, please visit www.virginia-elder-abuse-law.com. If you would like a free consultation click here to email us or call us at (804) 288-1661. We represent victims of medical malpractice and nursing home home abuse throughout Virginia.

Regards,

Joshua Silverman

Technology to Prevent Retained Operating Room Sponges

js@wllc.com (Blog Author)8363 — Fri, 23 Jan 2009 08:00:00 EST

Last year I blogged about Cedar Sinai Hospital in Los Angeles implementing radio technology to prevent surgeons and nurses from leaving surgical sponges in patients. Well the technology has made its way to Richmond, Virginia. The VCU Medical Center (formerly known as MCV) has started using this technology designed to significantly reduce the incidence of foreign objects like sponges and laparotomy pads from being left inside of a patient.

During abdominal and pelvic surgeries, surgeons may place dozens of sponges inside of the patient to absorb blood and other fluids. One of the operating room nurse's responsibilities is to keep an accurate count of all sponges that are placed in the patient and an accurate count of all sponges that are removed. If the count does not indicate that all sponges have been removed, the nurse should notify the surgeon who can locate and remove the sponge before closing the patient.

According to an article in the New England Journal of Medicine, upwards of 1 out of 1000 patients who undergo abdominal or pelvic surgeries are injured due to foreign objects being left in their bodies. This technology allows the surgeon to essential scan the patient for any surgical sponges that may have been missed.

On our website we have a practice section devoted to foreign objects that are left inside of a patient. Click here to learn more.

If you or a loved one has been injured because a foreign object was not removed during surgery, please contact us by email or call us at (804) 288-1661 for a free consultation.

Nursing Home Aide Charged with Abuse

js@wllc.com (Blog Author)8300 — Wed, 21 Jan 2009 08:00:00 EST

A nursing home aide has been charged with abusing and sexually assaulting a patient. The aide is accused of fondling a blind man while bathing him. I should point out at the start that most nursing home employees are dedicated to the well-being of their patients. However, nursing home patients are extremely vulnerable to mental, physical and sexual abuse and nursing homes must take reasonable steps to protect their patients. Their vulnerability comes from the fact that most patients suffer from illnesses and physical disabilities that limit their ability to speak out and protect themselves. That is coupled with the fact that many patients require partial or total assistance with bathing, toileting, and dressing.

Nursing homes can minimize the risk of physical, mental, and sexual abuse of their residents by taking reasonable steps to protect them. For one, they can check the online sexual predator registries before hiring. Secondly, they can obtain the criminal records of potential employees. Just as importantly, they must supervise and monitor their employees. All complaints and allegations of abuse need to be taken seriously. Just because a patient suffers from confusion does not mean that their allegations should be disregarded.

The case that I am referencing occurred in Oklahoma, but Virginia is not immune to these types of crimes. A few years ago a patient at a Richmond area nursing home was sexually assaulted by an aide who was subsequently convicted in Henrico Circuit Court.

If a loved one has been abused in a Virginia nursing home, please contact us by email or call us at (804) 288-1661 for a free consultation. We represent victims of nursing home abuse and neglect throughout Virginia including in Richmond, Henrico, Chesterfield, Fredericksburg, northern Virginia, Hampton Roads, and Charlottesville.

Sincerely yours,

Attorney Josh Silverman

Recent Finding: ICU Stays Might do More Harm than Good.

tlitzenburg@wllc.com (Blog Author)8175 — Fri, 16 Jan 2009 08:00:00 EST

According to an article in the New York Times on January 11, doctors are now rethinking the benefits of keeping patients in intensive care. Recent studies have shown that spending any length of time in an intensive care unit, even a few days, can lead to long-term detrimental effects. Some patients emerge from ICUs with concentration problems or having lost a significant portion of their former strength. Many are weak for years afterward, or weigh significantly less than they had before. Even post-traumatic stress disorder (PTSD) is not uncommon.

For decades, health professionals considered it a success just to get a patient out of intensive care. Now, it seems that is only half the battle. What people lose in those ICU rooms, be it strength, focus or stamina, tends to not come back fully in the long run.

Doctors supposed that the safest thing to do in the ICU was to avoid disturbing the patients, letting them rest around the clock. A new school of thought is proving to have overwhelmingly positive consequences, however. Doctors have found that by taking patients off of their sedatives periodically (say, once a day) and waking them up, it helps to maintain the patient’s awareness of reality and can prevent many of the lasting effects mentioned above. Some patients are even encouraged to walk a bit, if they are able. Amazingly, introducing some type of activity into ICU patient’s lives rather than leaving them to rest results in faster recovery times.

Peanut Butter Made In Virginia May Be Source of Salmonella Outbreak

js@wllc.com (Blog Author)8131 — Thu, 15 Jan 2009 08:00:00 EST

More than 400 people nationwide have been sickened and several have died due to salmonella food poisoning in recent weeks. In just the past week five more Virginians have become sickened by salmonella bringing the total to 17 since the outbreak began.

CDC spokesperson Lola Russel said "it is a complex, widespread outbreak."

Health officials are urging people to throw away all containers of peanut butter that has been linked to the outbreak. Lynchburg, Virginia based Peanut Corp. of America issued a recall on Sunday. However, the company denies that its peanut butter is the source of the outbreak.

Under Virginia law, manufacturers, distributors, and retailers of food (including restaurants and grocery stores) warrant that their food products are fit for human consumption. If you believe you are a victim of food poisoning you should secure any food that you recently ate that could have been the source of the food poisoning. Laboratory tests can definitely determine the source of your food poisoning.

At Williamson & Lavecchia, L.C. we have successfully represented victims of food poisoning. Please call us at (804) 288-1661 or click here to email us to discuss your legal rights.

Sincerely yours,

Josh Silverman

Medical Malpractice Cap on Damages

js@wllc.com (Blog Author)7968 — Fri, 09 Jan 2009 08:00:00 EST

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

Virginia Ranks in Bottom 10 for Nursing Home Staffing

js@wllc.com (Blog Author)7830 — Mon, 05 Jan 2009 08:00:00 EST

U.S. News & World Report is known for its top rankings of colleges, universities, hospital, etc. Recently they have begun ranking states for providing nursing home care. Virginia scores close to the very bottom for nursing home staffing. Virginia was the 8th worst state for nursing home staffing!

The significance of Virginia's dismal ranking can not be overstated. In my experience most nursing home injuries and deaths are due to either the sufficiency or quality of the staff. A nurse or nurse assistant can only provide hands on care to one patient at a time. Therefore, insufficient staff leads to patients not being fed, turned, bathed, etc. Even a hard working and dedicated nurse is bound to make mistakes if he or she has too many patients to care for. Ultimately patients in understaffed nursing homes are at risk for malnutrition, dehydration, falls, pressure ulcers, increased restraint use, and other forms of neglect.

It comes as a surprise to many people, but there are no laws or regulations in Virginia setting forth minimal staffing requirements. The reason is simple: the nursing home industry does not want to hire more staff members because that will lower their profits. Instead they lobby our elected leaders not to impose reasonable staffing requirements. Why day care facilities must comply with staffing regulations and nursing homes do not is due to their political influence.

If you believe a loved one has been injured due to an unstaffed nursing home please contact us by email or call us at (804) 288-1661 to discuss your legal rights. We handle cases throughout Virginia including Richmond, Fredericksburg, Charlottesville, Petersburg, and Hampton Roads.

Half of all Richmond Nursing Homes Rated 1 Star

js@wllc.com (Blog Author)7621 — Sun, 28 Dec 2008 08:00:00 EST

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

Will Someone Take Responsibility for Medication Errors?

js@wllc.com (Blog Author)6411 — Fri, 21 Nov 2008 08:00:00 EST

Thousands of times a day a patient is injured due to a medication error. In many cases the patient tragically dies. We have seen this happen with blood thinners (Coumadin, Lovenox & Heparin), antibiotics (Gentamicin, Vancomycin, etc.) and numerous other medications. Instead of taking responsibility, doctors, nurses, hospitals and pharmacists start playing the blame game.

Holding those responsible for medication errors often falls on the shoulders of attorneys. As attorneys much of our work occurs even before we file a lawsuit. In the investigation we search all of the relevant medical records including physician notes, nursing notes, and pharmacy records. We retain experts in these fields to advise us how the medication errors could have been prevented. Finding qualified experts is a challenge in itself. Our senior trial lawyer, Tom Williamson, has published several articles on expert witnesses that are available in our online library.

Our goal is to file the lawsuit early enough that we will have time under the statute of limitations to add new defendants if one health care provider starts pointing fingers at another.

The following are common types of medication errors:

Doctor writing the incorrect dose on the prescription,
Doctor prescribing medication that the patient is allergic to,
Nurse administering the wrong prescription to the patient. Often the prescription is intended for another patient,
Nurse administering the medication incorrectly (ex. vein as opposed to muscle),
Pharmacist misfilling the prescription (wrong dose or wrong medication),

Medication errors occur in hospitals, nursing homes, and doctors' offices. Because they occur so frequently we have devoted a practice page to medication errors. Please visit our medication error practice page for more information or contact us at (804) 288-1661 or by email if you or a loved one is a victim of a medication error.

Regards,

Joshua Silverman

Trial of a Medical Malpractice Case

js@wllc.com (Blog Author)6188 — Fri, 14 Nov 2008 08:00:00 EST

New to our website library is "Trial of a Medical Malpractice Case" authored by Tom Williamson. Unlike automobile injuries, medical malpractice cases are less likely to settle and more likely to go to trial. In choosing a medical malpractice attorney, you want to hire an attorney with extensive experience trying medical malpractice cases. Tom Williamson is our senior trial lawyer with thirty years of experience. Tom recently lectured to fellow attorneys about the trial of a medical malpractice case. The publication "Trial of a Medical Malpractice Case" is a chapter in a leading desktop reference for Virginia trial attorneys.

While this publication is written for attorneys you are invited to read it to gain a better understanding of the complexities of medical malpractice trials. If you or a loved one has been a victim of medical malpractice, please call us at (804) 288-1661 or email us for a free consultation.

Half of Pediatricians Would Refuse to Admit Medical Mistakes

js@wllc.com (Blog Author)5156 — Wed, 08 Oct 2008 08:00:00 EST

A recent study reports two very alarming malpractice statistics:

Approximately 7% of all hospitalized children are victims of medical malpractice often due to medication errors.
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

Deficiencies at 90% of Nursing Homes

js@wllc.com (Blog Author)5013 — Thu, 02 Oct 2008 08:00:00 EST

Nursing home inspectors find deficiencies at over 90% of U.S. nursing homes. The rate goes up to 94% at for-profit nursing homes. Federal Medicare and Medicaid regulations require nursing homes to meet certain minimal standards. For example, patients who are admitted without pressure sores should not develop pressure sores unless they are unavoidable. Patients should not suffer malnutrition, dehydration, or be illegally restrained. Yet, nursing homes continue to commit malpractice that injuries or causes patient deaths.

The fact that there is a higher rate of deficiencies at for-profit verse non-profit nursing homes shows that many nursing homes are placing profits over patient safety. We believe that holding nursing homes accountable for malpractice will force them to provide better care to all of their patients.

As alarming as these statistics may be, they only reflect the violations that inspectors catch. In our experience, most violations of nursing home regulations go undetected. In other words, we are filing lawsuits against nursing homes where the inspectors missed the violations. That is not meant as a criticism of the inspectors, but as a reflection of the reality that there are no enough inspectors to catch all the violations of the nursing home regulations.

On our Elder Abuse Website you can learn more about the rights of nursing home and assisted living facility patients. Our website contains links that will allow you check the record of any Virginia nursing home or read the Federal and Virginia Nursing Home Regulations.

At Williamson & Lavecchia, L.C. we are experienced at handling cases involving pressure sores, illegal restraints, falls, medication errors, malnutrition, dehydration, infection, and abuse. We represent victims in Richmond and throughout Virginia including Petersburg, Fredericksburg, Chesterfield, Colonial Heights, Charlottesville, northern Virginia, and Hampton Roads.

If you would like to discuss your legal rights please call us at (804) 288-1661 or click here to contact us by email for a free consultation.

Josh Silverman

Coumadin: Serious Side Effects and Patient Education

js@wllc.com (Blog Author)4753 — Mon, 22 Sep 2008 08:00:00 EST

Patients prescribed Coumadin (Warfarin) must have periodic lab tests to prevent serious side effects including internal bleeding. When a a patient is prescribed Coumadin the doctor should order frequent laboratory test to carefully determine the therapeutic dose. Too little Coumadin may result in dangerous blood clots. Too much Coumadin can cause internal bleeding. The laboratory measures how rapidly the blood clots. A formula called the International Normalized Ratio (INR) is used to obtain consistent laboratory results from different laboratories. For most patients, the goal is to obtain an INR of 2.0-3.5.

A study by Johns Hopkins Medical Institution found that 24% of patients on Coumadin did not know that they were supposed to have their labs checked every month. Over 60% did not know their goal INR, so Johns Hopkins did a study of the effects of improving patient education. The results were astonishing. In an eight month period there was only one Coumadin related hospitalization compared with 10 such hospitalizations in the prior eight months.

The point is that patients need to be educated. In a recent blog post I discussed a study that found a high rate of emergency room patients who did not understand their diagnosis or their discharge instructions. Managed care and low reimbursement rates by health insurers (including Medicaid and Medicare) have pushed doctors to spend less time talking to their patients. This has resulted in increased injuries and illnesses.

We have seen the tragic results of doctors and nursing homes failing to properly monitor patients on Coumadin. If you or a family member has been injured due to a doctor's failure to monitor laboratory results, please call us at (804) 288-1661 or click here to email us. We represent patients and their families throughout Virginia including in Richmond, Charlottesville, Petersburg, Lynchburg, Fredericksburg, Norfolk, Williamsburg, Hampton Roads and northern Virginia.

Joshua Silverman

Majority of ER Patients Leave Hospital Confused about Treatment and Medications

js@wllc.com (Blog Author)4629 — Wed, 17 Sep 2008 08:00:00 EST

According to a study, the vast majority of emergency room patients are discharged from the hospital without their diagnosis, treatment, and medications being adequately explained to them. They are particularly at risk for medication errors and re-admission to the hospital and other serious injuries.

The study found that 78% of patients at two hospitals did not understand their diagnosis, their emergency room treatment, their instructions for at-home care including medications, and warning signs as to when they should return to the hospital.

The study was reported in a New York Times article. According to the article, doctors are notorious for poorly communicating with patients. The problem is compounded by the fact that many patients are elderly and suffering from vision and hearing deficits. The biggest danger is with medication errors. One study found that 40% of patients do not understand their prescription and have a medication error after leaving the hospital. Often times the patient is labeled by the doctor or hospital as "non-compliant" which simply means blame is shifted to the patient for medical malpractice.

One solution that experts have been recommending for years is what's called the "teach back" solution. Asking the patient whether he or she understands the discharge instructions is insufficient. Instead the patient should be asked to repeat it back to the doctor or nurse to confirm adequate understanding.

The danger is that patients' illnesses may worsen at home and then the patient is right back at the hospital. Even worse, the window to treat the patient may close and a life is tragically lost or permanently damaged due to medical malpractice.

Reading this article felt like vindication for many of our clients. We have represented numerous victims of emergency room malpractice. Most predictably the doctors and hospitals often attempt to shift the blame to the patient: "The patient did not follow my instructions." "The patient should have returned to the hospital." "The patient did not take the medications properly." Most of the time those excuses reflect a culture of failing to take responsibility for medical malpractice.

Medical malpractice lawsuits not only seek to compensate the victims, but they serve to hold doctors, hospitals, and nurses accountable. Just as importantly, medical malpractice lawsuits create a strong incentive to improve the quality of care for all patients.

If you or a family member is a victim of medical malpractice in Virginia, please call us at (804) 288-1661 or click here to email us to discuss your legal rights.

Josh Silverman

Woman on Cell Phone Crashes Into Police

js@wllc.com (Blog Author)4586 — Mon, 15 Sep 2008 08:00:00 EST

A Virginia Beach woman faces reckless driving charges after crashing into a police cruiser. According to the Richmond Times Dispatch, the trooper had stopped another vehicle for speeding when the woman driving while talking on her cell phone crashed into his cruiser. Fortunately, no one suffered serious injuries.

This article brings home an important issue for all drivers: Most of us use our cells phones while driving, but the evidence shows that using a cell phone is a distraction. Anytime we are distracted while driving, whether it is using a cell phone, text messaging, etc. we are at greater risk for causing a car accident. I heard on CNN that the engineer operating the commuter train in L.A. that crashed into a freight train may have been text messaging when he missed a red light.

Some states have banned using a hand-held cell phone while driving. Interestingly, there is no strong evidence that hand-held phones are any safer than hands free. The problem is not that we need two hands to drive, it is the mental distraction of focusing on a conversation as opposed to the road. If that logic holds up, wouldn't there be an equal danger talking to a passenger? On the NPR program Car Talk, it was pointed out that when you are talking to a passenger, the passenger can at least tell the driver to "watch out" or may have the sense to stop talking when traffic gets heavy or if there is a dangerous situation on the roadway.

Besides drunk driving, driver distractions are at the top of the list for causing motor vehicle accidents. Hopefully with more attention to these issues, we will all reduce our cell phone use and make the roads safer.

Joshua Silverman

Nursing Home Arbitration Act

js@wllc.com (Blog Author)4527 — Fri, 12 Sep 2008 08:00:00 EST

Call this one small and overdue step to protect nursing home patients. The Senate Judiciary Committee passed the Fairness in Nursing Home Act. If it becomes law, the Act will protect victims of nursing home abuse and neglect from losing their right to trial by jury. I call this a small step because the Act still has a long way to go before becoming law.

As background, when a patient is admitted to a nursing home they are usually handed a stack of papers to sign. Some are innocuous forms stating food, social and other preferences. Yet lost in the stack is often an admission agreement where the resident gives up the right to trial by jury in a court room and agrees that no matter how badly he or she is harmed that no more than $50,000 can be recovered. Instead, the resident is "agreeing" and bound to have his or her legal rights resolved by an arbitrator who may be hand picked by the nursing home and is biased against nursing home patients.

This is a practice that has to stop and that's what the Fairness in Nursing Home Act will accomplish if passed.

In the meantime, what can you do to protect yourself from the abusive practice of requiring a nursing home patient to give up his or her rights? At the time of admission, read the agreement carefully and if possible insist on removing the arbitration provision. That may not be possible, so your second option in Virginia is to contact an attorney immediately after a nursing home patient has been injured or killed by nursing home malpractice. Virginia malpractice law allows a patient to opt out of arbitration agreements only if done so in writing within 60 days after the termination of health care by the nursing home. In other words time is of the essence.

At Williamson & Lavecchia, L.C. we have years of experience representing victims of nursing home malpractice and we have devoted a separate website to the rights of nursing home and assisted living patients: www.virginia-elder-abuse-law.com.

If you or a loved one has been injured by nursing home malpractice, please contact us by email or call us at (804) 288-1661 to discuss your legal rights.

Regards,

Joshua Silverman

Reporting Medication Errors

js@wllc.com (Blog Author)4468 — Tue, 09 Sep 2008 08:00:00 EST

Are you a victim of a medication error? If so, the attached link may interest you. The dangers of medication errors are so serious that the FDA has asked consumers and health care professionals to report medication errors. The attached link will take you to a form that can be entered online and submitted to the FDA.

As I have discussed on a number of prior blog posts, medication errors are preventable in almost all cases. They come from pharmacists misfilling a prescription, nurses administering the wrong medication or an incorrect dosage, pharmaceuticals giving different medications similar names, and physicians who write prescriptions at an incorrect dosage or prescriptions that are inappropriate for the patient.

Our experience with victims of medication errors reflects that these errors can be fatal. If you or a loved one is a victim of medical malpractice due to a medication error, you are invited to contact us to discuss your situation.

Sincerely yours,

Joshua Silverman

Department of Justice Investigation of Virginia Mentally Disabled Training Center

js@wllc.com (Blog Author)4407 — Fri, 05 Sep 2008 08:00:00 EST

The Richmond Times Dispatch just reported on its website that the U.S. Department of Justice is investigating possible civil rights violations at the Central Virginia Training Center in Lynchburg, Virginia. The center serves close to 500 residents. No further information is available at this time. Please return to our blog for further information which will be posted when it becomes available.

Joshua Silverman

Nursing Home Employees Stealing Medicine

js@wllc.com (Blog Author)4325 — Tue, 02 Sep 2008 08:00:00 EST

I just read an article about a nursing home employee stealing a patient's medications. The story brings home the importance of nursing homes conducting criminal background checks on all of its employees. Stealing medication in a nursing home is not only a crime but patient abuse. Narcotics should be carefully tracked in a nursing home. The challenge is confirming that medication intended for a patient is not stolen by the staff. Obviously if the narcotic pain medication is not administered to the patient, the patient suffers needlessly.

Most nursing home employees are well intentioned and would not consider harming residents. But there is a minority of nursing home employees who disregard the rights and dignity of their patients resulting in serious injuries and wrongful death. We have represented victims and their families of medication errors, infections from pressure sores, nursing staff sleeping on the job instead of providing care, dehydration, malnutrition, and even assaults and batteries.

If you would like to learn more about the types of nursing home abuse and the legal rights of victims of nursing home abuse and neglect, click here to visit our nursing home and elder abuse website.

Regards,

Josh Silverman

Medication Errors in Virginia Nursing Homes

js@wllc.com (Blog Author)4227 — Wed, 27 Aug 2008 08:00:00 EST

Due to increased interest in medication error malpractice, I have added a practice section to our Elder Abuse and Neglect website dedicated to medication errors. In the past I have blogged on this website about medication errors but this issue warrants more detailed attention. According to the Institute of Medicine there are approximately 1.5 million medication errors every year. That is a staggering statistic. Other statistics discussed on our new practice page show that over two-thirds of these medication errors cause injury and almost ten percent cause death.

At Williamson & Lavecchia we have been handling these types of cases for years. Examples, include a pharmacist that mistakenly gave a patient a blood thinner that caused her seriouis complications during a dental procedure. Another example, is an assisted living facility resident who died after receiving a lethal dose of Methotrexate.

I placed this practice page on our elder abuse and nursing home website because the elderly are disproportionately the victims of medication malpractice.

If you or a loved one is victim of medication malpractice, please call us to discuss your case at (804) 288-1661 or click here to contact us by email.

Sincerely yours,

Josh Silverman

CBS 60 Minutes Story on Medication Errors

js@wllc.com (Blog Author)4163 — Mon, 25 Aug 2008 08:00:00 EST

Last night CBS broadcast a shocking report on medication errors. It did not happen at a rural hospital or to the underprivileged. It happened at Cedar-Sinai, the hospital of the stars in Los Angeles, to actor Dennis Quaid's children. His infant twins were prescribed Heparin which is a common blood thinner. Instead of being given pediatric doses, they were administered full adult strength Heparin which was 1000 times stronger than prescribed. These children began to bleed out of their bandages, out of their belly buttons and even had blood "squirting" out of their bodies. Fortunately the children survived and hopefully they are not permanently injured. Right now their prognosis is promising. To say they are lucky is probably an understatement. We have successfully pursued wrongful death cases where the victim died from overdoses of blood thinners.

Medical malpractice is unbelievably common. According to CBS: "Chances are you probably know someone who has died, or nearly died, because of medical mistakes in a hospital. It's much more common than most people realize, and if it can happen to the children of movie star, at one of the finest hospitals in the country, it can happen to anyone." In fact, every year 100,000 Americans die from medical malpractice. It would take 100s of commercial airplane crashes to equal the preventable deaths by medical malpractice. So where is the uproar? That's a question I can not answer.

We believe that holding hospitals accountable for medical malpractice is not just morally sound, it creates a financial incentive for them to provide better care. In other words, it is cheaper to institute safeguards to prevent medical malpractice than to defend medical malpractice claims and to pay settlements and judgments.

If you or a loved one is a victim of a medication error, please contact us to discuss your legal rights.

Sincerely yours,

Josh Silverman

Medication Error Website

js@wllc.com (Blog Author)4156 — Sun, 24 Aug 2008 08:00:00 EST

Below is a link to the FDA's website on medication errors. Yes, it is so common that the FDA has devoted a portion of its website to address medication errors. Medication errors are defined as "any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient, or consumer. Such events may be related to professional practice, health care products, procedures, and systems, including prescribing; order communication; product labeling, packaging, and nomenclature; compounding; dispensing; distribution; administration; education; monitoring; and use." The National Coordinating Council for Medication Error Reporting and Prevention.

The key word in that definition is preventable. Medication errors are almost always preventable when health care providers (doctors, nurses, and pharmacists) use reasonable care. In our experience, medication errors most often occur when a pharmacist puts the wrong medication in the patient pill bottle, a nurse gives a patient the wrong medicine, or a doctor fails to carefully and legibly prescribe medications. Other preventable medication errors come from confusing and similarly sounding medications. For example, Serzone and Seroquel.

Medication errors can cause anywhere from no harm to death. For example, giving a patient Tylenol instead of aspirin may be harmless, yet overdosing on medications like Coumadin (blood thinner) or Methotrexate can be fatal. On our website we have further information about medical malpractice, the statute of limitations, and publications by our lawyers on legal rights.

If you or a loved one is a victim of a medication error, please safely keep the medication as it may be crucial evidence in your case. Then click here to contact us to discuss your legal rights.

Regards,

Josh Silverman

Nursing Homes Chronically Understaffed

js@wllc.com (Blog Author)4122 — Fri, 22 Aug 2008 08:00:00 EST

Nursing home under-staffing has to be one of the most common complaints we hear about nursing homes. To many people's surprise there are no laws in Virginia specifying minimal staffing levels for nursing homes (as opposed to day care centers, schools, etc.)

The reason for under-staffing is quite simple. Most nursing homes are for-profit businesses and one of the easiest ways to increase profits is to reduce staffing costs. Yet, reducing staffing by definition means reducing the quality of care resulting in serious injuries and patient deaths. There is simply no way to prevent pressure sores, malnutrition, dehydration, and to provide a dignified environment without sufficient nurses and nursing assistants (CNA) to perform these crucial tasks.

Patients in inadequately staffed nursing homes have their call bells go unanswered. Therefore, if they need assistance using the toilet help may not arrive until after an accident. Not only is that an undignified way to live it leads to permanent incontinence, infections, and skin breakdowns. Similarly patients at inadequately staffed nursing homes often are not turned and repositioned regularly to prevent pressure sores. Click here for a link to photographs of pressure sores.

We are often asked what can be done to prevent under-staffing in nursing homes. Well there are two things: (1) Contact your senators and representatives and let them know that nursing home patients deserve better and that there should be laws setting forth minimal staffing levels. (2) Since nursing homes are motivated by profits, make it expensive for them to provide bad care. Taking legal action against for-profit nursing homes costs the nursing homes money. Ultimately we want the nursing homes to realize that it would be cheaper to just provide quality care in the first place than to be sued for malpractice.

If you would like further information about nursing home abuse and neglect, please visit our dedicated elder abuse website or contact us.

Doctors Agree that Lawsuits Are Effective Deterrents Against the Sale of Dangerous Drugs

js@wllc.com (Blog Author)4035 — Tue, 19 Aug 2008 08:00:00 EST

The editors of the influential New England Journal of Medicine have filed an amicus curiae (friend of the court brief) in the U.S. Supreme Court arguing that lawsuits against drug companies are necessary for patient safety. At issue is whether a victim of a dangerous drug, like Vioxx, can sue the manufacturer of the medication. Drug companies are arguing that they should not be sued if the medication was approved by the FDA.

According to these doctors, lawsuits are a "vital deterrent" and protect patients from drug companies that may otherwise not disclose all the risks of the medications to the FDA. In fact, they argue that the FDA is in "no position" to guarantee patient safety. As noted in the brief, plaintiffs in lawsuits against drug companies conduct extensive discovery that the FDA relies upon to ensure drug safety.

The doctors point about legal discovery is on the mark. In our experience, we often learn through subpoenas and depositions that the facts were not fully disclosed to the patient. We have found incident reports in hospital files that prove that the victims injuries were preventable. While the primary purpose of pursuing a medical malpractice or products liability action is to compensate the victim these cases also protect the public by exposing deterring wrongdoing.

Too many medical malpractice lawsuits?

js@wllc.com (Blog Author)3378 — Tue, 08 Jul 2008 08:00:00 EST

That is a claim that everyone has heard multiple times. It is usually coupled with the argument that medical malpractice lawsuits are driving up the cost of healthcare and running good doctors out of business. But is there any truth to these claims?

Law Professor Max Mehlman of my alma mater, Case Western, conducted an exhaustive study of these questions and found very little truth to many of these claims. He found that the current system filters out meritless claims. In fact, many victims of medical malpractice never hire a lawyer or file a claim because they do not know they are victims. For example, if you are hit by a drunk driver you immediately know that you have a claim against the drunk driver. Alternatively, if a relative dies on the operating room table the family often assumes that their relative died of natural causes as opposed to medical malpractice. Obviously that assumption is true much of the time, but the point is that many times malpractice occurs and neither the patient nor the family is aware that they are victims of medical malpractice.

As to whether lawsuits are driving up the cost of healthcare, studies have shown that less than 1/2 of 1 percent of medical costs go towards medical malpractice insurance or claims. With high healthcare inflation it is obvious that medical malpractice does not play any meaningful role in the cost of healthcare.

On the other hand medical malpractice lawsuits not only bring justice to victims, but they also encourage responsible medical care. One of the purposes of medical malpractice lawsuits is to deter poor quality medicine. For example, medical malpractice lawsuits against hospitals have led hospitals to take significant steps to improve patient care. In a recent case, the adjustor of a hospital told me that the hospital has taken new steps to prevent patients from developing pressure ulcers as a result of our case. In other words my client may have helped save lives by holding the hospital accountable for his injuries.

Please return to our blog for more discussion on these issues or click here to send me an email with your comments and questions.

Regards,

Josh Silverman, Esq.

Protecting Rights of Family Members in Nursing Homes

js@wllc.com (Blog Author)3147 — Mon, 23 Jun 2008 08:00:00 EST

I wanted to share with you a well-written editorial that very succintly explains the injustice of nursing home admission agreements that take away the patient's right to sue in a court of law. As the article explains, being admitted into a nursing home is very traumatic. Often times the nursing home is selected because it is the only one with a bed available or close to family members. In many cases the nursing home is selected by a hospital social worker. You arrive at the nursing with a few belongings and are given a stack of papers for your father or mother to sign. Lost in the paperwork is a legal contract that takes away the Constitutional right to sue in a court of law for abuse and neglect. Months later you are shocked to find that your parent has developed pressure sores, is suffering from malnutrition, has been injured due to a medication errors, or has been physically abused. Only then do you learn that your parent signed away his right to sue in a court of law.

In many cases these admission contracts are unenforceable, but they should be made illegal. There is no justification for taking advantage of nursing home patients.

Congress is considering banning nursing home admission agreements that take away the right to sue. I encourage you to write your Congressman and urge him or her to protect the elderly by enacting this legislation.

Joshua Silverman

Arbitrary Cap on Medical Malpractice Damages in Virginia

js@wllc.com (Blog Author)3027 — Fri, 13 Jun 2008 08:00:00 EST

As of July 1, 2008, the maximum amount a victim of medical malpractice can recover is $2 million in Virginia. At first glance, that sounds like a lot of money, but is it really fair? Consider a patient who suffers a brain injury due to medical malpractice. Her lifetime medical care could exceed $5 million. So if the doctor's insurance company only pays $2 million, who pays the rest? The doctor continues with his career, but the patient is left without money for basic medical care, much less compensation for lost income, pain and suffering, and a catastrophic deterioration in her quality of life.

At Williamson & Lavecchia, L.C. we have actively lobbied against unfair medical malpractice caps. Our position is based on a principle that everyone must take responsibility for his or her own actions regardless of whether you are a truck driver, a manufacturer, a lawyer, or a doctor. Medical malpractice caps uniquely protect doctors from being held accountable for their carelessness.

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Medication Errors Lead to 18 Million Emergency Room Visits

js@wllc.com (Blog Author)2871 — Sun, 01 Jun 2008 08:00:00 EST

"A recent study estimated that in one year, incorrect use of medications resulted in more than 9 million hospital admissions and more than 18 million emergency room visits."

That quote is not coming from a lawyer, but from the non-profit Institute for Safe Medication Practices. The Institute for Safe Medication Practices seeks to assist doctors, nurses, and pharmacists in reducing medication errors. Even if you are not a health care provider, its information can help you protect yourself from the serious and potentially deadly consequences of medication errors. The website contains a very valuable brochure to assist patients in being proactive to prevent medication errors.

Their website lays out the seriousness of the problem. For example, doctors and nurses often use abbreviations to save time. Too often the abbreviations are confusing and can lead to dangerous medication errors: "HS" means half-strength which can easily be confused with "hs" meaning at bedtime. Likewise, "q1d" means daily, while "q.i.d." means four times per day. The simple solution: write out the word "daily" instead of q1d. That only requires 2 more characters, but it could save a life.

If you or a loved one has been injured as a consequence of a medication error by a pharmacist, doctor, or nurse, please contact us to discuss your legal rights.

Regards,

Josh Silverman

Nursing Home Inspectors Overlook Serious Violations

js@wllc.com (Blog Author)2713 — Sat, 17 May 2008 08:00:00 EST

Nursing homes are subject to strict federal and state regulations. But what's the purpose if these regulations are not enforced? A recent report from the Government Accountability Office (GAO) found that nursing home inspectors miss 15% of all violations that place residents in "immediate jeopardy and inflict actual harm."

That shocking statistic is consistent with our experience. Many of our clients come to us after having filed a complaint against the nursing home. Despite strong evidence of nursing home neglect and abuse, nursing homes often are not sanctioned. Fortunately, that is not a bar to holding nursing homes accountable in a civil lawsuit. As part of our investigation, we examine the report of the nursing home inspectors, but we dig much deeper. We look for evidence of falsified medical records. We consult with leading experts in nursing home care as well as interview available witnesses. Frequently we are able to hold nursing homes accountable for the death or injuries to our clients even when the state inspectors failed to sanction the nursing homes.

Using Technology to Prevent Medication Errors

js@wllc.com (Blog Author)2666 — Mon, 12 May 2008 08:00:00 EST

Medication errors range from the benign to the catastrophic. They occur due to mistakes by the prescribing physician, the pharmacist filling the prescription, the nurse administering the prescription and sometimes by the patient. Examples include:

Physicians writing illegible prescriptions
Physicians prescribing medicine even though the patient is known to be allergic to one or more ingredients in the medication
Pharmacists placing the wrong medication in the prescription bottle or syringe
Pharmacists filling the prescription at the wrong dose
Nurses administering the wrong medication to the patient
Physicians and nurses failing to monitor the affect of the medication

When a patient is administered an incorrect medication or the wrong dose the harm ranges from losing the therapeutic value of the intended medication to life threatening side effects. We have represented patients who suffered heart attacks due to medications dropping their blood pressure to patients who have tragically bled to death due blood thinning medications like Coumadin or Lovenox.

In almost all cases, these injuries can be prevented. Studies have shown that when doctors, nurses, and pharmacists use readily available technology the error rate can drop by 80%. For example, there is no risk of misconstruing a doctor's handwriting when the prescription is typed. Additionally many hospitals are now using bar code systems to make sure the correct patient receives the correct medication. Basically, each patient is given a wrist band with a bar code. Likewwise each prescription contains a bar code. Before a nurse administers a medication he or she should scan both the medication and the patient wrist band to ensure that the medication is given to the correct patient.

If you or a loved one has been injured due to a medication error it may have been avoidable. Please contact us for legal guidance.

Regards,

Josh Silverman

Over 238,000 Preventable Hospital Deaths

js@wllc.com (Blog Author)2336 — Wed, 09 Apr 2008 08:00:00 EST

A recent study has found that between 2004-2006 there were over 238,000 preventable hospital deaths in the United States. Patient safety incidents cost the Medicare program over $8.8 billion! Approximately 1,100,000 Medicare patients suffered a preventable injury or died of a preventable cause during their hospital admission.

While hospitals argue that these injuries and deaths are not preventable, the study found huge differences in the rate of injuries and deaths between the lower tiered hospitals and hospitals recognized for excellence.

Here is the irony in these statistics: Since Medicare is paying hospitals to treat preventable injuries, hospitals often profit from their mistakes!

The following is a partial list of the type of preventable injuries and deaths:

Pressure ulcers (also called bed sores or decubitus ulcers)
Hip fractures
Foreign body left in during surgical procedure
Post-operative infections
Complications of anesthesia

One way to stop hospitals from profiting from their errors is to file a medical malpractice action. In a medical malpractice action, the hospital can be held accountable for medical bills, lost wages, pain and suffering, and any other harm it caused. Equally important, you are giving the hospitals a financial incentive to improve care for future patients.

Regards,

Josh Silverman

Mandatory Nursing Home Malpractice Insurance Law Dies in Committee

js@wllc.com (Blog Author)2323 — Tue, 08 Apr 2008 08:00:00 EST

Yesterday, the Public Health Committee of the Oklahoma House of Representatives killed a bill that would have required nursing homes to carry a minimal amount of insurance or show that they have sufficient assets to play claims of victims of abuse and neglect in their nursing homes. The vote was 10-9. According to the Oklahoma Center for Consumer and Public Safety, the deciding vote was from Del. Cox, also known as Dr. Cox. Dr. Cox is a nursing home owner.

I have been following this legislation because I am convinced Virginia needs to enact legislation requiring nursing homes to carry insurance. I have seen numerous nursing homes that have minimal insurance coverage and claim to have no assets to compensate victims of pressure sores, malnutrition, dehydration, and other forms of abuse and neglect. If you drive a car in Virginia you must have automotobile insurance. It's described as taking financial responsibility. Why don't we require the same of nursing homes?

Regards,

Josh Silverman

Nothing Left Behind: Preventing Retained Objects From Surgery

js@wllc.com (Blog Author)2183 — Sun, 23 Mar 2008 08:00:00 EST

Cedar-Sinai Hospital in California has taken positive steps to prevent foreign objects from being left inside of a patient following surgery. The problem is very serious, occuring approximately 1 out of every 1000 to 1500 abdominal and chest surgeries. Cedar Sinai has taken a leadership role in requiring surgeons to x-ray patients prior to closing the body cavity in surgeries at higher risk for leaving foreign objects in the patient. That seems like a very reasonable step to prevent patients from suffering through unnecessary surgery, serious infections, and even the loss of life.

Retained foreign objects is a frequent source of litigation because of its dangerous and serious consequences. At Williamson & Lavecchia, L.C. we have represented numerous victims of hospitals who negligently leave surgical sponges and instruments inside of patients. For more information, please click here to contact us.

Regards,

Josh Silverman, Esq.

Oklahoma Senate Approves Bill Requiring Nursing Homes to Carry Malpractice Insurance

js@wllc.com (Blog Author)2159 — Thu, 20 Mar 2008 08:00:00 EST

In follow-up to my last blog post, there is some good news out of the Oklahoma legislature. The Senate passed 45-0 a bill to require nursing homes to carry at least $250,000 in malpractice insurace. The bill now proceeds to the Oklahoma House where I hope it will receive the same reception.

In my opinion, $250,000 is far too little, but it is certainly a step in the right direction. In Virginia, like most states, nursing homes are not required to carry liability insurance and many nursing homes are uninsured or have insufficient insurance. In my opinion that is as irresponsible as a driver failing to carry auto insurance. I will continue to follow this issue with the hope that Oklahoma will become a fine example for the Virginia General Assembly to follow.

Regards,

Josh Silverman

Should nursing homes be required to carry liability insurance?

js@wllc.com (Blog Author)2141 — Tue, 18 Mar 2008 08:00:00 EST

Most people would be surprised to learn that there are nursing homes in Virginia with only a minimal amount of liability insurance. I have run across two nursing homes in recent years that carried only a small amount of coverage. Many people would argue that they are being irresponsible. Imagine that a loved one suffers a severe injury in a nursing home or assisted living facility. Without liability insurance who will pay the medical bills and out of pocket expenses? Medicare may pay part of the bill, but often the patient and the patient's spouse is left with a large bill. What about the pain and suffering of the victim?

There is no law in Virginia, or most states for that matter, requiring nursing homes and assisted living facilities to carry insurance. Whenever the topic arises the nursing home industry balks. There is a recent movement in Oklahoma to require nursing homes to carry liability insurance. I'll be following it carefully. Hopefully Oklahoma will become an example for Virginia to follow.

Josh Silverman

30,000 Americans Wake Up During Surgery Each Year

js@wllc.com (Blog Author)2122 — Fri, 14 Mar 2008 08:00:00 EST

Can you imagine waking up in the middle of surgery? It is estimated that 30,000 patients wake up during surgery, yet they are unable to move, talk, or cry out for help. This is thought to happen to 1 or 2 of every 1,000 surgical patients. It is more likely to happen to children than adults. One victim in an MSNBC story describes it like being entombed. "While you're laying there on the table," she recalled, "you are thinking, praying, cursing, plotting, pleading, trying to crawl off the gurney, trying to kick, scream, move any part of your body to let them know you're awake. In effect, you are entombed in a corpse."

Most likely, patients wake up during surgery due to insufficient anesthesia. During most surgeries an anesthesiologist or a nurse anesthesiologist monitors the patients vital signs and level of anesthesia. A balance must be maintained so the patient remains unconscious but at the same time too much anesthesia can be dangerous. While there are new technologies for measuring the patient's level of consciousness, some experts believe the best method is for the doctor to carefully follow protocols for monitoring patients' depth of sleep.

Public Notification of Defective Products

js@wllc.com (Blog Author)1900 — Mon, 18 Feb 2008 08:00:00 EST

During the past year, we have read article after article about dangerous children's products. Hardly a month goes by without hearing another report about a Chinese manufactured toy with high levels of lead paint. Under current law, the Consumer Product Safety Commission must wait at least 30 days before notifying the public of a dangerous product. That is thirty days where our children remain exposed to dangerous products. Fortunately, common sense reform is on its way. Congress is scheduled to vote on a Product Safety Bill that will remove the 30 day grace period for manufacturers. Additionally the legislation may create whistleblower protections so employees who report dangerous products will not have to fear a loss of their livelihoods.

More than 60 Virginia Nursing Homes Targeted for High-risk Pressure Ulcer and/or Physical Restraint Improvement

js@wllc.com (Blog Author)1828 — Fri, 08 Feb 2008 08:00:00 EST

The Center for Medicare Services has published a list of nursing homes targeted for high rates of pressure ulcers and use of physical restraints. Click here to see the full list which is organized by city and state. By my count over 60 Virginia nursing homes are listed from all corners of Virginia.

Nursing homes that accept Medicare and Medicaid are required to comply with federal regulations. The regulations address prevention and treatment of pressure ulcers and the use of restraints in nursing homes. These are serious and deadly issues. On our Elder Abuse Website we have extensive information about pressure ulcers and restraints in nursing homes. On our website you can learn about the four stages of pressure ulcers, preventive steps and treatment, and see photographs of pressure ulcers. You can also learn more about the dangers of restraints and why their use should be limited and selective.

If you would like more information please call us or send us an email.

Josh Silverman

Medication Errors Injure 1.5 Million Americans

js@wllc.com (Blog Author)1779 — Thu, 31 Jan 2008 08:00:00 EST

A report by The National Academies, finds that at least 1.5 million Americans are injured or killed each year due to medication errors. The extra cost of treating these injuries is estimated at $3.5 billion dollars per year excluding lost time from work and more importantly the needless suffering of victims of preventable medication errors.

Medication errors account for approximately 400,000 injuries in hospitals, 800,000 injuries in long term care facilities (nursing homes), and over 500,000 injuries in out patient clinics.

The report recommends specific steps to reduce the frequency of medication errors. The report recommends improved communication between physicians and patients as well as improved communication between insurance companies and patients. You may find it surprising, but patients and their families often are never informed when medication errors occur even when the medication errors cause serious injuries or death. The report further suggests that patients become more proactive in asking their doctors questions about how to take the medication, side effects, and providing accurate information to their doctors about all the medications they take.

Click here to read the full report.

Most problems relate to carelessness. At home we all know that we need to be very careful with our medicines so our children do not get their hands on them. Hospitals need to be equally diligent. The starting point is the prescription written by the patient's physician. Illegible handwriting is a common cause of medication errors. Electronic prescriptions would significantly reduce these errors. Pharmaceutical companies have complicated the job of nurses and pharmacists by giving multiple prescription medications similar names. Then comes the problem of giving the correct medication to the correct patient. In one prior case, our client suffered a heart attack after being given the wrong medicine. The nurse must verify the identity of the patient, the prescription, the dose, and the correct medicine before administering the medication.

Until these medication errors are reduced, patients will continue to suffer serious and even catastrophic injuries. If you or a loved one has been injured due to a medication error, please contact us immediately. Your rights are subject to a strict statute of limitations.

Sincerely yours,

Josh Silverman

Nursing home fire sends 24 patients to the hospital

js@wllc.com (Blog Author)1740 — Fri, 25 Jan 2008 08:00:00 EST

A fire in an Illinois nursing home sent 24 patients to the hospital. Apparently there is evidence that the fire was started by a resident smoking. For more information read this article from the Shelby County Reporter. My understanding from speaking with nursing home nurses is that most nursing homes restrict if not outright ban smoking. It does present a balance between safety and the rights and dignity of adult patients. In my opinion, nursing homes that restrict or even ban smoking on the premises are correctly placing the safety of the residents and staff first. Imagine evacuating over 100 bed ridden patients during a fire!

Nursing homes that permit smoking by residents should assess the resident to determine if the resident has the capacity to smoke independently without risking harm to himself or others (besides the notorious health effects of smoking). Smoking should only be permitted in designated areas where the residents can be properly supervised and far from any sources of oxygen. From what I've read about this Illinois fire, it is very fortunate that more residents were not injured.

Should physicians who commit medical malpractice be protected by charitable immunity?

js@wllc.com (Blog Author)1658 — Mon, 14 Jan 2008 08:00:00 EST

The Virginia Supreme Court took up arguments last Wednesday on this critical question. The cases stem from medical malpractice lawsuits filed against physicians at the University of Virginia Medical Center. The physicians are employed by the University of Virginia Health Services Foundation (HSF). According to court records, HSF had approximately $215 million in revenue in 2005, yet less than 1% of losses were attributed to charitable care. One physician earned approximately $850,000 in bonuses in 2005. I attended the arguments at the Virginia Supreme Court because the issue is critical to thousands of patients in Virginia. Should HSF prevail, many victims of medical malpractice in Virginia will be denied any form of civil justice. The bar of charitable immunity would apply regardless of whether the patient paid for services or received free care. In other words, a paying patient at UVA who suffers permanent injury due to medical malpractice would not be able to file a lawsuit against the physician. Likewise physicians at Eastern Virginia Medical Center or VCU Medical Center would be protected for responsibility by charitable immunity. My sense was that the justices of the Virginia Supreme Court were very well-prepared for the arguments and asked appropriately probing questions of HSF's attorney. I anticipate a decision in late February. Please return to our medical malpractice blog for further updates. Regards, Josh Silverman

Nursing Home Fined $20,000 for Restraining Patients to their Beds

js@wllc.com (Blog Author)1626 — Wed, 09 Jan 2008 08:00:00 EST

According to a Pittsburgh television station, a local nursing home has been fined $20,000 for restaining patients to their beds without physician orders or even notifying the families. Click here to read the news report. Nursing home and hospital patients have the right not to be put in restraints except under limited circumstances. Restraints deny patients their freedom, dignity, and risk severe injury. Studies have shown that restraining patients leads to physical injuries, loss of bladder control, and depression. It is improper to restrain a patient for the convenience of the caregiver. Instead all reasonable alternatives should be pursued. To learn more about the legal rights of patients not to be improperly restrained visit our nursing home website where we have a separate practice area devoted to restraints. Josh Silverman

Nursing Home Admission Agreements - Be Careful What You Sign

js@wllc.com (Blog Author)1605 — Mon, 07 Jan 2008 08:00:00 EST

Most nursing homes require the patient or a family member to sign an admission agreement. These agreements are often lengthy and attempt to take away important rights. Mostly importantly, many nursing homes attempt to deprive their patients of the right to trial by jury as guaranteed by the 7th Amendment to the U.S. Constitution. If you or a loved one is injured or killed due to nursing home abuse or neglect, the admission agreement can bar you from not suing in a court of law. Instead you can be forced to arbitrate the claim on the nursing home's terms. In many cases, these clauses are unenforceable. Fortunately, Virginia law provides an opt-out procedure, but you must opt-out promptly after being injured. I have also seen nursing home admission agreements that state that in the event of serious injury or death due to the nursing home's negligence, you can not sue for more than $50,000. The Virginia Supreme Court has held that these provisions are unenforceable. These are just two examples of provisions in nursing home agreements that deprive residents of their rights. If you or a loved one is a victim of abuse or neglect in a nursing home, you should contact an attorney promptly to review the admission agreement because any delay may cause you to lose important rights. For more information about nursing home malpractice, please visit www.virginia-elder-abuse-law.com. Josh Silverman

How common is elder abuse?

js@wllc.com (Blog Author)1583 — Wed, 02 Jan 2008 08:00:00 EST

I recently read some very alarming statistics circulated by the National Center on Elder Abuse. Studies show that between 1 and 2 million Americans age 65 or older have been subjected to injuries, exploitation and mistreatment by a caregiver. Other studies have found that between 2% and 10% of senior citizens are victims of elder abuse. The most shocking statistic is that for every case of elder abuse or neglect that is reported to authorities, five more go unreported. Click here to read the Fact Sheet from the National Center on Elder Abuse. My hope for the start of 2008 is that this trend can be reversed. There is a role for each of us in protecting the elderly. In my opinion, the most important thing we can do is remain on the look out for elder abuse and to promptly report it to authorities. If you have a relative or close friend in a nursing home, visit frequently and do not be shy about reporting your concerns. At Williamson & Lavecchia, L.C. we have a website devoted to nursing home, assisted living, and elder abuse: Virginia-Elder-Abuse-Law.com. We invite you to visit our website to learn more about recognizing the signs of elder abuse and neglect as well as obtaining justice for the victims. You should also feel free to contact me directly to discuss your situation in detail. Regards, Joshua Silverman (804) 288-1661

Attorneys Fees

js@wllc.com (Blog Author)1512 — Fri, 14 Dec 2007 08:00:00 EST

According to a survey published by the National Law Journal the average billable rate in large law firms is $348/hour! If the only way to hire an attorney was to pay those rates, few people could afford legal representation. One of the privileges of representing victims of medical malpractice, defective products, and serious car accidents is that we do not turn people away because they can not afford our services. We charge most of our clients on a contingency fee. In other words the legal fee is a percentage of the recovery. If there is no recovery there is no legal fee. At most the client is responsible for our out of pocket costs. (That is a rule imposed on all Virginia attorneys by the Virginia State Bar). We represent people of all walks of life. Some of our clients are financially very secure while others rely on government assistance. Many of our clients have been financially destroyed by the carelessness of others (doctors, manufacturers, drunk drivers, etc.). It gives us particular pleasure when we have restored a client to financial independence by obtaining fair and just settlement of the client's case. More information about our legal fees can be found on our website. Feel free to contact us if you would like to discuss your particular situation. Regards, Josh Silverman

Patient Injuries and Death Due to Medication Errors

js@wllc.com (Blog Author)1482 — Mon, 10 Dec 2007 08:00:00 EST

Medication errors cause 7,000 patient deaths a year according to a well publicized study by the Institute of Medicine. Most medication errors come from carelessness. A doctor's prescription is illegible. A pharmacist carelessly prepares the medication. A patient bleeds to death after a nurse administers Coumadin (a blood thinner) intended for another patient. For more informaiton about medication errors go to the FDA's website where you can find an excellent article describing the incidence of medication errors and how they can be prevented. At Williamson & Lavecchia, L.C. we represent victims of medication errors committed by hospitals, nursing homes, and pharmacists. You are invited to contact us if you or a loved one has been injured due to a medication error. Your claim is subject to Virginia's strict statute of limitations. Regards, Josh Silverman

Human Rights Complaint Against Nursing Homes

js@wllc.com (Blog Author)1375 — Sun, 25 Nov 2007 08:00:00 EST

The struggle to ensure that nursing home patients are treated with dignity often requires incredible diligence and even creativity. The Ontario Star reports that the Ontario Federation of Labour has filed a human rights complaint on behalf of nursing home residents left in soiled diapers. In Ontario, nursing homes are allocated only $1.20 per day for incontinence products. Many nursing homes in Ontario have a policy of only changing a diaper when a strip on the diaper indicates it is at least 75% soiled. We would never treat our babies so cruelly, yet that is a daily indignity suffered by nursing home patients. While I am not specifically aware of Virginia nursing homes placing caps on the amount of money spent for incontinence care, nursing home administrators impose strict budgets to remain profitable. Leaving residents in soiled diapers is not just degrading, it can lead to severe injuries and death. Being left in a soiled diaper is obviously very uncomfortable and leads to rashes and skin breakdowns. Additionally, it leads to painful urinary tract infections which can lead to a life threatening condition called sepsis. Nursing home abuse lawyers must be creative and persistent to obtain justice for victims of nursing home abuse and neglect. I commend the Ontario Federation of Labour for their efforts to obtain sufficient diapers for nursing home patients. The hardest thing to imagine is that it requires a human right complaint. You'd think providing diapers to an incontinent nursing home patient would be a no-brainer. Click here to go to the Ontario Star to learn more about the Canadian human rights complaint. You are invited to visit our nursing home abuse and neglect website to learn more about the legal rights of nursing home patients here in Virginia. Regards, Josh Silverman

The Rule of Law

js@wllc.com (Blog Author)1298 — Thu, 08 Nov 2007 08:00:00 EST

I do not typically comment on international affairs on our blog, but the assault on our colleagues in Pakistan begs for comments. Very recently, President Musharraf rounded up the Supreme Court, suspended civil liberties, and has arrested 1500 attorneys. Attorneys in grey suit have taken to streets of Pakistan to demand the return to the rule of law. It is a sight not many of us are used to seeing. Attorneys marching through the streets and being carried off by the police for doing nothing more than standing up for the rule of law. What is happening in Pakistan should be reminder of the importance of our civil liberties. Over 200 years ago, Thomas Jefferson, one of our greatest patriots said: "Freedom of religion, freedom of the press, and freedom of person under the protection of the habeas corpus, and trial by juries impartially selected. These principles form the bright constellation which has gone before us, and guided our steps through an age of revolution and reformation. The wisdom of our sages and the blood of our heroes have been devoted to their attainment. They should be the creed of our political faith, the text of civil instruction, the touchstone by which to try the services of those we trust; and should we wander from them in moments of error or alarm, let us hasten to retrace our steps and to regain the road which alone leads to peace, liberty and safety." The events on the other side of world are an important reminder of the importance of standing up for the rule of law in America. Believe it or not there are fierce lobbying efforts to limit the right to trial by jury in our country. They call themselves "tort reformist" but their real goal is to keep victims of medical malpractice, reckless driving, defective products, and nursing home abuse and neglect from obtaining justice in the courts. Efforts to impose caps on jury verdicts, special malpractice courts, and no-fault auto insurance all add up to taking away the right to trial by jury. Today I will write to my representatives in Congress asking them to denounce President Musharraf's actions. To email your representative in Congress click here and to reach your Senator click here. Regards, Josh Silverman

What is my case worth?

js@wllc.com (Blog Author)1276 — Fri, 02 Nov 2007 08:00:00 EST

That is a question commonly asked of attorneys. The technical answer is only the jury gets to decide. In Virginia, the jury is made up of seven members of the community who are sworn to decide a case based on the law and the evidence. At trial the plaintiff must prove that the health care provider breached the standard of care and that breach was a cause of the plaintiff's injuries. The injuries can include medical bills (past and future), lost wages, loss of future earnings, funeral bills, embarrassment for disfigurement, inconvenience, and pain and suffering. The last three are the toughest to calculate because each plaintiff's experience is unique. Damages are also affected by the life experiences of the members of the jury. Different people come to serve on the jury with different senses of what is a fair amount to compensate someone for their injuries. When I am in settlement negotiations, I think about what are the chances that my client will prevail at trial and the nature of the damages and injuries. I will research past court decisions for guidance. In some cases, I will convene a focus group or several focus groups and ask them to play the role of the jury. Focus groups are expensive to put together, but usually well worth the cost. Ultimately, most any competent attorney will concede that it is impossible to know with certainty what will happen in court. The uncertainty of a jury trial is often the catalyst for bringing the parties to the negotiating table. Josh

Punitive damages in Virginia

js@wllc.com (Blog Author)1267 — Tue, 30 Oct 2007 08:00:00 EST

Punitive damages is probably one of the concepts by the media and the general public. There is a misperception that punitive damages are routinely awarded and are bankrupting many companies. Nothing could be further from the truth. In fact punitive damages are rarely awarded, but when awarded they serve an important public policy of deterring dangerous conduct. Punitive damages are awarded in Virginia only for "willful and wanton" conduct. That is conduct that shows a conscious disregard for the health and safety of others. The most common example is drunk driving with a blood alcohol content in excess of .15. Very rarely are punitive damages awarded for medical malpractice, slip and fall injuries, and typical automobile collisions caused by speeding and failing to yield. In those rare cases where punitive damages are awarded, the plaintiff can not recover more than $350,000 in Virginia. Punitive damages deter dangerous conduct by hitting wrongdoers where it hurts--- in the wallet. Here is how: Say a manufacter can make a product safer at the cost of $10,000,000 and prevent 100 injuries per year. The manufacturer decides against incurring the cost because it is cheaper to pay for compensatory damages to the 100 victims than to make the product safer. Punitive damages create a financial incentive to make the product safer. At Williamson & Lavecchia, L.C. we only seek punitive damages when the defendant's conduct is particularly eggregious. Examples include drunk driving collisions and nursing home abuse and neglect. Please email me if you would like more information about punitive damages under Virginia law. Josh Silverman

Congress to Investigate Nursing Home Buyouts

js@wllc.com (Blog Author)1230 — Wed, 24 Oct 2007 08:00:00 EST

Two congressional committees have announced investigations into the buyouts of nursing home chains by private equity groups according to the New York Times. The investigations were sparked by the $6.3 billion buyout of Manor Care by the Carlyle Group. Manor Care is the nation's largest nursing home chain. Nursing home advocates are very concerned about the sale and similar buyouts. The two primary concerns are that they will reduce staffing levels which will compromise patient care and they will set up corporate structures to escape legal responsibility for neglecting and abusing patients. Staffing is typically the most expensive aspect of operating a nursing home. Reducing staffing levels improves profits, but leaves patients vulnerable to injuries like pressure sores, malnutrition, dehydration, falls, and other forms of neglect. Typically, the threat of legal action would deter a company from harming its customers (not to mention moral duties). However, nursing home chains often set up corporate structures to deflect lawsuits. Here's how: They make each nursing home into a separate company. The nursing home then pays high rent to another company, management fees to another company, and so on. The catch is that each of these companies is owned by the private equity group. The nursing home claims it has no money to pay court judgments, yet the private equity group is financially in the black. Of course the private equity group claims it is not responsible for patient injuries only the insolvent nursing home. I am very pleased Congress is investigating. It is time for action. Most nursing home patients can not speak up for themselves. Congress needs to impose minimal staffing levels, require nursing homes to carry sufficient insurance and truly hold nursing home chains accountable for providing poor patient care. Please come back to our website for further updates or email me for more information. Joshua Silverman

Who should pay when hospitals commit errors?

js@wllc.com (Blog Author)1215 — Thu, 18 Oct 2007 08:00:00 EST

Starting in October 2008, Medicare will not pay hospitals for committing common and preventable errors. These errors include pressure sores, certain infections, blood incompatibility, air embolism, and unintended retained objects from surgery. At Williamson & Lavecchia, L.C. we have represented a number of victims of these medical errors. In many cases, the hospital has charged Medicare, Medicaid and private insurers for correcting these errors. It certainly seems odd that a hospital should profit from its own negligence. Hopefully, this rule will do more than keeping hospital from profiting from their negligence. My hope is that it will encourage hospitals to become more aggressive about protecting patients from the consequences of these serious errors. Josh Silverman

Expert witnesses in medical malpractice cases

js@wllc.com (Blog Author)1159 — Thu, 11 Oct 2007 08:00:00 EST

Possibly the number one challenge in medical malpractice cases is finding qualified expert witnesses to testify on behalf of the patient and against a colleague. Virginia law requires the plaintiff to have an expert certify that a medical malpractice lawsuit has merit before the case is served. I wrote an article about that law which can be found in the library on this website. Most doctors are uncomfortable and unwilling to testify against a local colleague. Finding good expert witnesses requires creativity and tenacity. There are many experts who advertise their services, but I usually avoid them because they appear to be hired guns. I want my experts to be objective. Here is how locate qualified experts. I start looking for experts even before I open the case. At Williamson & Lavecchia, L.C. we are constantly updating our database of qualified experts based on what we learn from other lawyers, law journals, and medical journals. The authors of medical papers are often the leading experts. If they are unwilling to testify I will ask for their recommendations. Legal newspapers identify experts who have testified in the past on particular subjects. The process can go in any number of directions, but I must stress the most important thing is to be creative and persistent. Tom Williamson has written a great article on finding expert witnesses that has been accepted for publication in the VTLA Journal. Please return to our website in the coming weeks to read his article.

Hospital leaves a sponge in a patient

js@wllc.com (Blog Author)1148 — Sat, 06 Oct 2007 08:00:00 EST

This week I was contacted by another patient who left the hospital with a sponge left inside of her. It is shocking how often this happens. In most cases it is due to the failure of the surgical nurses to count correctly. During surgery, the surgeon often places numerous sponges in the patient. It is the job of the surgical nurses to keep an accurate count of the number of sponges put in the patient and the number of sponges removed. If the count is inaccurate the nurse should notify the surgeon and the surgeon should find the sponge and remove it. Sounds simple, right. Well, we've represented patients who had sponges left in them during child birth, gall bladder surgery, and other procedures. Click here to learn more about a hospital's duties to prevent these serious injuries. Josh Silverman

Senators Seek GAO Investigation into Private Nursing Homes

js@wllc.com (Blog Author)1132 — Thu, 04 Oct 2007 08:00:00 EST

Last week I posted a blog on the New York Times report of private equity nursing homes placing profits ahead of providing care to residents. Senators Hilary Clinton and Charles Grassley took note of the Times report and have called for an investigation by the Government Accountability Office (GAO). 63 private nursing home groups are likely to be subject to the investigation including the Carlyle Group which recently bought Manor Care, Beverely Enterprises, and Genesis Health Care. I applaud these Senators for calling for this much needed investigation. Patients in nursing homes are amongst our most vulnerable citizens and this pattern is placing them at greater risk. Please return to our website periodically for updates and further discussion about the investigation. Josh Silverman

Nursing Homes Hiding Assets from Victims of Abuse

js@wllc.com (Blog Author)1107 — Fri, 28 Sep 2007 08:00:00 EST

The New York Times published an excellent front page article exposing a common strategy used by nursing homes to hide assets from victims of nursing home abuse and neglect. Basically, national nursing home corporations are setting up multiple corporations to hide who is legally responsible for care at individual nursing home. We are seeing this trend in Virginia. What often happens is the nursing home is registered under one corporation. On the books the nursing home appears to be losing money or barely breaking even. Yet, the nursing home is making large payments in rent to another company, paying large management fees to another company, and making other inflated payments to another company. All of the companies prove to be interconnected, yet they claim only the insolvent nursing home is legally responsible for the patient's injuries or death. To make matters worse for the victim and the family, the nursing home often has minimal insurance coverage. Holding the other companies legally responsible is what lawyers call "piercing the corporate veil." It is not an easy task, but there are legal strategies to get to the assets of the nursing home and to hold the proper people accountable. Feel free to contact me if you would like more information. Josh Silverman

Jonathan Petty Wins Surgical Malpractice Trial

Wed, 03 Feb 2010 08:00:00 EST

Jonathan Petty recently won surgical malpractice jury trial in Federal Court in Richmond, Virginia. Our client presented to the emergency department with complaints of severe abdominal pain. Despite radiology studies consistent with a large bowel obstruction, the surgeon failed to timely operate causing him to suffer severe injuries. Click here to read more.

Jonathan Petty Lectures on Expert Witnesses

Sun, 11 Oct 2009 08:00:00 EST

Jonathan Petty has been invited to lecture for the Virginia Trial Lawyers Association's seminar on expert witness testimony. Medical malpractice trials rise and fall on the quality of the expert witnesses. Jonathan addresses the Virginia Supreme Court's most recent opinion on expert witness designations, John Crane, Inc. v. Jones. Click here to read Jonathan's article titled John Crane Pain.

Jonathan Petty Wins Medical Malpractice Trial in Prince Edward County

Wed, 15 Apr 2009 08:00:00 EST

PLEASE NOTE CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE AND THAT CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER.

In February 2009, a Prince Edward County, Virginia jury returned a verdict in excess of $3.7 million verdict on behalf of one of our clients in a medical malpractice case. The case involved a radiologist’s failure to recognize a bowel injury that our client had sustained in a motor vehicle accident. The resulting delay in diagnosis caused her to suffer horrible injuries. Despite the obvious error, the radiologist’s insurance carrier never offered one penny to settle the case. It is believed that this verdict is the largest plaintiff’s verdict in a medical malpractice case in the history of Prince Edward County.

Click here to learn more about this case.

If you or a loved one is a victim of medical malpractice or other serious injuries, please call us at (804) 288-1661 or click here to email us for answers to your legal questions.

Tom Williamson Wins in the Virginia Supreme Court

Tue, 14 Apr 2009 08:00:00 EST

On October 31, 2008, Tom Williamson prevailed in an important medical malpractice case in the Virginia Supreme Court. Our client suffered permanent injuries with the birth of her child. Her obstetrician, employed by the Eastern Virginia Medical School practice group, argued that she could not be sued for medical malpractice because she worked for a "charity." Tom Williamson successfully argued before the Virginia Supreme Court that the Eastern Virginia Medical School was not a charity and its physicians must be held accountable for medical malpractice. Please click here to read this Virginia Supreme Court decision.

Tom Williamson has prevailed in numerous court decisions protecting the rights of medical malpractice victims to hold their doctors, hospitals, and nurses accountable for their severe injuries or wrongful deaths. Tom Williamson is also a frequent speaker and is well-published on the topics of medical malpractice, products liability, and trial practice. You can read his articles in our online library.

If you or a family member has been a victim of medical malpractice, please contact us by email or call us at (804) 288-1661 for a free consultation.

Jonathan Petty Wins Medical Malpractice Arbitration

Tue, 14 Apr 2009 08:00:00 EST

PLEASE NOTE THE RESULTS OBTAINED IN SPECIFIC CASES DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PAST CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN FUTURE CASES UNDERTAKEN BY A LAWYER.

Attorney Jonathan Petty obtained a $1.6 million arbitration award in a medical malpractice case. Jonathan represented the family of a 56 year old woman admitted to the hospital with a small bowel obstruction. The general surgeon failed to take her to surgery in a timely fashion and she died of consequences of her small bowel obstruction without ever being operated upon.

Click here to learn more about this complex medical malpractice case.

At Williamson & Lavecchia, L.C. we represent victims of medical malpractice, defective products, and other types of personal injuries throughout Virginia including Richmond, Hampton Roads, Fredericksburg, Charlottesville, Petersburg, and northern Virginia. If you or a loved one is a victim of medical malpractice, please call us at (804) 288-1661 or click here to email us discuss your legal rights.

FDA Press Release: One Million Pounds of Pistachios Recalled

Tue, 31 Mar 2009 08:00:00 EST

The FDA has announced that a California company has recalled 1 million pounds of pistachios that may be contaminated with Salmonella. Salmonella food poisoning can cause serious injuries and can be fatal to the very young, the elderly, and those with impaired immune systems. Click here to go to our blog to read more about the recall.

Best Lawyers names Tom Williamson "Richmond Best Lawyers Personal Injury Litigator of the Year"

Thu, 12 Feb 2009 08:00:00 EST

Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named Thomas W. Williamson, Jr., a member of the law firm Williamson & Lavecchia L.C., as the “Richmond Best Lawyers Personal Injury Litigator of the Year” for 2009.

After more than a quarter of a century in publication, Best Lawyers is designating “Lawyers of the Year” in high-profile legal specialties in large legal communities.

These specialties are Banking Law, Bet-the-Company Litigation, Corporate Law, Family Law, Personal Injury Litigation, and Real Estate Law and only a single lawyer in each specialty in each community is being honored as the “Lawyer of the Year.”

Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 15th edition of The Best Lawyers in America (2009), is based on more than 2.5 million detailed evaluations of lawyers by other lawyers.

The lawyers being honored as “Lawyers of the Year” have received particularly high ratings in our surveys by earning a high level of respect among their peers for their abilities, professionalism, and integrity.

Steven Naifeh, Managing Editor of Best Lawyers, says, “We continue to believe – as we have believed for more than 25 years – that recognition by one’s peers is the most meaningful form of praise in the legal profession. We would like to congratulate Thomas W. Williamson, Jr. on being selected as the ‘Richmond Best Lawyers Personal Injury Litigator of the Year’ for 2009.”

Tom Williamson Honored as the 2009 Lawyer of the Year, Personal Injury Litigation (Virginia) by Washington D.C.'s Best Lawyers®.

Wed, 10 Dec 2008 08:00:00 EST

Best Lawyers® selects lawyers for inclusion based solely upon evaluations of lawyers by other lawyers. Not only was Tom Williamson recognized by his peers as being one of the best personal injury lawyers, he was honored as the 2009 Lawyer of the Year for Personal Injury Litigation (Virginia) based upon his particularly high level of peer recognition.

Throughout his thirty year career, Tom Williamson has been representing victims of catastrophic injuries including motor vehicle accidents, medical malpractice, wrongful death, and defective products.

Tom’s skilled advocacy on behalf of his clients has been recognized in publications such as Richmond Magazine®, Best Lawyers in America®, and Virginia Superlawyers®. On our website you can read decisions of the Virginia Supreme Court Tom has obtained for his clients and articles Tom has published on trial advocacy, expert witnesses, defective products, medical malpractice, and insurance law.

If you or a loved one has been seriously injured due to medical malpractice, a defective product, or has suffered other types of personal injuries, please call us at (804) 288-1661 or click here to email us for a free consultation.

Carolyn Lavecchia Recognized as One of the Top Medical Malpractice Lawyers in Virginia

Thu, 18 Sep 2008 08:00:00 EST

Carolyn Lavecchia is one of only seventeen Virginia attorneys recognized in the publication Virginia Super Lawyers 2007 for expertise in representing victims of medical malpractice. The magazine Virginia Super Lawyers 2007 mailed surveys to approximately 19,000 active Virginia attorneys and asked them to nominate the best attorneys they have seen in action. Only the top 5% were selected for publication in Virginia Super Lawyers 2007. Carolyn has over 20 years of experience handling serious injury and death cases due to medical malpractice. Prior to becoming an attorney, Carolyn was a nurse practitioner on the faculty of the Medical College of Virginia. Combining her health care experience with her skills as a trial lawyer has earned Carolyn the admiration of her clients and the respect of her opponents. Carolyn leads the elder abuse section of Williamson & Lavecchia, L.C. representing victims of abuse at nursing homes and assisted living facilities. For more information about Carolyn, please view her profile or contact us for more information.

Please call us at (804) 288-1661 or click here for a free consultation.

Carolyn Lavecchia represents victims of medical malpractice and other serious injuries throughout Virginia including Richmond, Henrico, Chesterfield, Petersburg, Fredericksburg, Charlottesville, Hampton Roads, Farmville, Lynchburg, and northern Virginia.

Tom Williamson Publishes an Article on Finding Qualified Experts

Thu, 18 Sep 2008 08:00:00 EST

One of the biggest challenges in pursuing medical malpractice lawsuits is finding qualified experts who are willing to testify for the plaintiff. New to our website is Tom Williamson's article on effective strategies to locate experts. The article was published in the VTLA Journal. Tom's article is supported by over 30 years of experience representing victims of medical malpractice and defective products. Click here to read Tom's article on finding qualified experts and numerous other publications authored by Tom Williamson and the attorneys at Williamson & Lavecchia, L.C.

If you would like a free consultation with Tom Williamson, please call us at (804) 288-1661 or click here. Tom represents victims of medical malpractice, defective products and other serious injuries throughout Virginia including Richmond, Fredericksburg, Petersburg, Henrico County, Chesterfield County, Charlottesville, Farmville, Hampton Roads and northern Virginia.

Superlawyers 2008: Tom Williamson is One of the Top 50 Lawyers in Virginia

Wed, 09 Jul 2008 08:00:00 EST

For the third year in a row Tom Williamson has been recognized by Virginia Super Lawyers as one of the top 50 lawyers in Virginia out of 25,000 Virginia lawyers. Additionally, Tom was one of only 22 lawyers recognized for representing victims of medical malpractice.

Tom has been representing victims of medical malpractice, defective products and other wrongful conduct in Virginia for over thirty years. He is a past president of the Virginia Trial Lawyers Association and is well published in the areas of medical malpractice and trial tactics. For more information about Tom, please visit his profile on our website or click here to contact Tom.

Three Williamson & Lavecchia Lawyers Recognized By Super Lawyers for Medical Malpractice

Wed, 09 Jul 2008 08:00:00 EST

The magazine Virginia Super Lawyers 2008 mailed surveys to approximately 18,000 active Virginia attorneys and asked them to nominate the best attorneys they have personally observed in action. Only the top 5% were selected for publication in Virginia Super Lawyers 2008, and only 22 were recognized for plaintiff's medical malpractice. Williamson & Lavecchia, L.C. is proud that three of our lawyers, Tom Williamson, Carolyn Lavecchia, and Jonathan Petty were recognized for representing plaintiffs in medical malpractice actions. No other law firm in Virginia has three of its lawyers recognized for representing victims of medical malpractice.

If you would like to learn more about Tom Williamson, Carolyn Lavecchia, and Jonathan Petty please see their attorney profiles on our website or click here to contact them.

WIlliamson & Lavecchia, L.C. Welcomes Legal Nurse Consultant Wendy Moore

Fri, 11 Apr 2008 08:00:00 EST

Williamson & Lavecchia, L.C. welcomes Wendy Moore, RN to our full time staff. Wendy has extensive experience in critical care, cardiac, and pre-operative nursing. Wendy is a graduate of the MCV School of Nursing and has fourteen years of experience as a legal nurse consultant. As a nurse consultant, Wendy will assist us in evaluating cases, researching medical and nursing literature, locating experts, and preparing complex medical cases for trial.

Williamson & Lavecchia, L.C. Launches Spanish Website

Mon, 18 Feb 2008 08:00:00 EST

Williamson & Lavecchia, L.C. is pleased to announce that we have launched a Spanish language version of this website to better serve the Latino community. The Spanish version of this website has detailed information about our practice areas, our experience, frequently asked questions about medical malpractice, defective products, nursing home abuse, and more. Please click here to visit our Spanish website.

Jonathan Petty Recognized as One of the Top Young Lawyers in Virginia

Mon, 19 Feb 2007 08:00:00 EST

Jonathan Petty was included as one of only six "Virginia Rising Stars" in the publications Virginia Super Lawyers 2007 (Rising Stars) and Richmond Magazine for his skill in handling medical malpractice cases on behalf of injured persons and their families. The lawyers selected for inclusion on this prestigious list were nominated and selected as the best up-and-coming lawyers in their practice areas aged 40 years and younger. Only 2.5% of the total lawyers in Virginia are listed in Rising Stars.

Jonathan has been handling medical malpractice and other cases involving serious injury and death for over twelve years. For information about his background, please visit Jonathan's profile.

Carolyn Lavecchia Named Fellow of American Academy of Trial Counsel

Mon, 29 Jan 2007 08:00:00 EST

The American Academy of Trial Counsel is a lawyer honorary comprised of experienced and effective litigators throughout the United States, and represents less than one-half of one percent of American lawyers. Fellowship in the Academy is limited and by invitation only. Academy Fellows are deemed to be among the best trial lawyers in the American bar, who have exhibited accomplishment in litigation and trial work, and have superior ethical reputations. The composition of the Academy is aggressively diverse, with recognition of excellence in litigation across all segments of the bar. In addition, the Academy is dedicated to promoting superior advocacy, professionalism and ethical standards among its Fellows and Members.

Tom Williamson is Selected for "The Best Lawyers in America"

Thu, 21 Sep 2006 08:00:00 EST

Tom Williamson joins a distinguished group of lawyers who have been listed in the book The Best Lawyers in America for twenty years or longer. Tom was recognized in the specialties of medical malpractice law and personal injury litigation. Selection in the book The Best Lawyers in America is based on confidential surveys of the top lawyers around the country. Click here to read the letter from the editor-in-chief of Best Lawyers congratulating Tom.

Bausch & Lomb Recalls ReNu with MoistureLoc® Contact Lens Solution

Tue, 16 May 2006 08:00:00 EST

Bausch & Lomb recently recalled its ReNu with MoistureLoc® contact lens solution from the worldwide marketplace. This solution has reportedly been linked to dangerous fungal eye infections known as fusarium keratitis. If untreated this infection can damage the cornea and possibly lead to blindness.

Williamson & Lavecchia, L.C. Launches Nursing Home Abuse and Neglect Website

Mon, 15 May 2006 08:00:00 EST

Tom Williamson Obtains Medical Malpractice Verdict in Richmond, Virginia.

Mon, 19 Dec 2005 08:00:00 EST

PLEASE NOTE THE RESULTS OBTAINED IN SPECIFIC CASES DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PAST CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN FUTURE CASES UNDERTAKEN BY A LAWYER OR LAW FIRM. IF YOU BELIEVE YOU HAVE A CASE, PLEASE CONTACT US SO WE CAN DISCUSS THE SPECIFIC FACTS OF YOUR CASE AND YOUR LEGAL RIGHTS. In this case, Tom obtained a $1.5 medical malpractice verdict in Richmond Circuit Court for a patient who suffered brain damage when he underwent a procedure to implant an ICD, which is commonly called a pacemaker. According to Virginia Lawyers Weekly this was tied for the fifteenth highest verdict of all cases tried in Virginia in 2005. After the device was placed, the plaintiff was administered 50mg Brevital for deep sedation in order to test the device. Defendant cardiologist had been trained and certified in deep sedation anesthesiology and was responsible for administration and monitoring of the patient during deep sedation; an electrophysiologist was implanting the ICD. Testing was uneventful. During the procedure the oxygen saturation levels dropped and following the testing the electrophysiologist noted that plaintiff was not breathing properly. At some time after the device was implanted and before patient was intubated, defendant had left the procedure room and was in the monitoring room when he was called back to the patient. Plaintiff's expert was an anesthesiologist who testified as to the standard of care for monitoring during deep sedation. Plaintiff's expert testified that the injury was caused by failure to manage the airway and assist the breathing of the sedated patient. Click here to read the full trial report published in Virginia Lawyer's Weekly on December 16, 2005.

Tom Williamson Recognized Again By His Peers As Among Virginia's Legal Elite in Civil Litigation

Fri, 12 Aug 2005 08:00:00 EST

Tom Williamson was again chosen for inclusion in the Legal Elite civil litigation category published by Virginia Business Magazine, in its December 2005 issue. According to Virginia Business Magazine, the Legal Elite represents an effort to identify the very best lawyers in the Commonwealth of Virginia. With help from Virginia Bar Association and the research resources of Virginia Business, the magazine polled more than 7,500 lawyers asking them to nominate lawyers in 12 categories of law picked by Virginia Business. Tom was one a select group of attorneys chosen by his peers for inclusion in the Civil Litigation category. Tom Williamson practices with Williamson & Lavecchia L.C. of Richmond, Virginia. For more than twenty five years, Tom has represented persons harmed by medical malpractice, defective products, insurance company misconduct and other types of negligent and wrongful conduct. Richmond Magazine previously named Tom the top Product Liability, Personal Injury and Medical Malpractice lawyer in Richmond, Virginia based upon a survey of 2,000 practicing lawyers. Please see Tom's full curriculum vitae to learn more about Tom's background and experience.