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

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

Retained foreign objects is a frequent source of litigations, 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.

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

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

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.

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 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 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.