Nursing Home Abuse

We have all heard stories about elderly patients being abused in nursing homes.  Unfortunately, it is a constant worry as many of us plan for our parents’ or loved ones’ future once they can no longer care for themselves at home.  Knowing the signs of nursing home abuse and contacting a lawyer who specializes in this area of the law are important steps in protecting your loved one.

The most obvious form of abuse is physical abuse.  Look for bruises, skin tears, or other signs of injury when you visit your loved one in a nursing home.

Emotional abuse is harder to identify.  Many elderly are affected by confusion and dementia but repeated complaints about shouting or threatening language, ridicule and humiliation, or blaming the resident for things that are beyond their control should be investigated.  Equally damaging, it is emotionally abusive if staff ignores the resident or the resident is placed in extended isolation.  Talk to your love one and talk to the staff, especially to the nursing supervisor or the resident’s physician, if you suspect this form of more subtle abuse.

Unfortunately, financial fraud and exploitation are also frequent forms of abuse in institutional settings.  A caregiver who is an abuser may use his or her position of authority and trust to extort money or to simply steal from a resident, or help themselves to the resident’s credit card. Needless to say, the resident should have very little cash with them in the nursing home and all credit cards should be left at home or sent home with a relative. Beware of any caregiver who signs documents on behalf of your loved one.

Finally, sexual abuse may be physical or non-physical.  It may be perpetrated by another visitor or by a caregiver.  Listen carefully, if your loved one is complaining about someone who is always in his or her room, and making inappropriate comments or advances.

Company to Pay for Unsafe Infant Tylenol, Children’s Tylenol and Children’s Motrin

McNeil, a local Montgomery County  healthcare company which produced the medications infant tylenol, children’s tylenol and children’s motrin in its Fort Washington,PA location will have to pay 25 million dollars.  The company recently plead guilty because in 2009 when a consumer alert was issued,indicating there were black specs in the medicine,  the company failed to  initiate a corrective plan.  Consumers found what turned out to be nickel and chromium in the medication, which was not an intended ingredient. Upon investigation, the Food and Drug Administration found that there were more than 30 batches of children’s medication that had  nickel and chromium in them. The local Fort Washington company, which is a division of Johnson and Johnson, remains under a 2011 injunction and must  take corrective measures before it is permitted to reopen.

If a loved on has been injured by a defective drug contact Stark & Stark today for a free consultation.

Pennsylvania Verdicts and Settlements Rising

According to an article published in The Legal Intelligencer on December 19, 2014, which was based on data compiled by PaLaw Magazine, verdicts and settlements in Pennsylvania are trending higher.  The average figure of the largest verdicts in 2014 was higher than in 2013.  According to the article, medical malpractice cases dominated the list of top verdicts and settlements in Pennsylvania for 2014, a trend that has been consistent since 1994.  The Philadelphia County Court of Common Pleas and the federal U.S. District Court for the Eastern District of Pennsylvania, which sits in Philadelphia, led the way as the courts with the most cases that made the top verdicts and settlements list.

According to the article, the top three settlements involved qui tam actions.  Qui tam actions are essentially federal whistle blower claims, in which private citizens bring claims against a corporation or contractor that defrauded the government.  The individual brings the claim on behalf of the government.  The top three cases were United States v. Janssen Pharmaceuticals, which involved the prescription drugs Risperdal, Invega and Natrecor; United States v. Endo Pharmaceuticals, which involved the prescription drug Lidoderm; and Brown v. Amedisys, which involved false billings to Medicare.

At Stark & Stark we have extensive experience in working with all types of cases such as those listed above right in Bucks County, Pennsylvania. If you or a loved on has been injured, contact Stark & Stark today for a free consultation.

Medicare Payments For Hospital Admissions Will Be Reduced in 2015

The Centers for Medicare and Medicaid Services has announced that there will be reductions in funding for hospitals who provide care for many low income patients, and for hospitals with too many patients who develop infections while in the hospital.  In addition, there will be higher penalties assessed for those hospitals with readmissions within 30 days.

These cuts in funding are part of the Affordable Care Act (Obama Care) and the aim is to make hospital care safer and more less costly. If you are affected by this and have any questions, you can contact Stark & Stark located in Yardley, Pennsylvania

End Distracted Driving Now

I was on a family vacation a few months ago and read a billboard that said, “If you want to speak with God, call Him.  If you want to meet Him, text.”  It was a pretty clever billboard, and I remember thinking, wow, even in Costa Rica? I sat at a traffic light on the way to work last week and counted 4 people talking in cells, and another two with their head and eyes staring into their laps.  I sat at that very same traffic light this morning and counted 3 cell phone talkers and a woman applying lipstick.  Granted we were all stopped at a red light, but let’s face it, those three calls were not going to miraculously end when the light turned green (they didn’t incidentally)

We have all read and seen the horrific stories in the news, and need only glance over at the cars around us to know that it is everywhere … even in Costa Rica!  Distracted driving takes many forms, whether it be tuning the radio, reaching for a fry, or talking and texting.  And whereas we don’t often hear about the accident caused when a parent reaches over to pick up a dropped sippy cup, we too often hear about the deadly crashes when a driver is texting (receiving or making).

From a legal standpoint, a distracted driver who causes property damage, personal injury and/or death is exposed to civil liability (monetary damages) and criminal liability (jail, probation, etc) depending on the circumstances and nature of the harm caused.  Whereas each case is different, each case also seems to have been avoidable.

Below is an informative website, EndDD.org (End Distracted Driving) and the Casey Feldman Foundation, established “to raise awareness and generate action against the epidemic of distracted driving.”  It was created by the parents of Casey Feldman, a college student, who was tragically struck and killed by a distracted driver in 2009.

If you or a loved one has been injured as a result of a distracted driver, contact Stark & Stark today for a free no obligation consultation.

U.S. Department of Health and Human Services Closes Medical Malpractice Reporting Loophole

Generally, physicians and their liability insurance carriers are required to report all medical malpractice payments to the National Practitioner Data Bank.  Due to a legal loophole that exists in certain states, however, doctors and their insurance companies have be able to avoid reporting medical malpractice settlements that result from a mediation process.  In effort to close this loophole, U.S. Department of Health and Human Services Secretary Kathleen Sebelius recently signed a decision memorandum requiring doctors and medical liability insurance companies to report all medical malpractice payments made by or on behalf health care providers if even they are the result of a state-approved mediation process.

If you believe that you or a loved one has been the victim of medical malpractice, contact the experienced medical malpractice attorneys at Stark & Stark for a free consultation.

Supporting Local Charity to Fight Cancer

A few weekends ago, I attended a wonderful charity event sponsored by the “Hellraisers Bucks County, LEMC”.  The event was held at the Newportville Firehouse in Newpostville, PA on Sunday, November 2, 2014 to raise money for the mother of one of the members who was able to battle cancer thanks to the “Healing Consciousness Foundation” an organization that helps people overcome their battle with cancer. Although the name “Hellraisers” sounds intimidating for a motorcycle group, the members of this organization could not have been more welcoming and inviting,  for this fundraising event.  I want to thank Ron Zapolski, who is the “Ride Captain” for inviting me, and Stark and Stark to attend the event and for allowing us to contribute.

The Healing Consciousness Foundation (HCF), a non-profit organization, was founded by nationally recognized breast cancer surgeon, Dr. Beth Baughman DuPree. To find out more about the group and how you can help, please visit http://www.thehealingconsciousness.com/

Should you have a community event that you would like us to attend or sponsor, please contact us as we enjoy giving back to our community!

 

 

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