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Articles Posted in Medical Malpractice

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Medical Malpractice Briefing Includes Facts on U.S. Nursing Home Industry’s Failed Response To COVID

The 2021 update to the briefing book Medical Malpractice: By The Numbers, published by the Center for Justice & Democracy (CJ&D) at New York Law School, has been released and includes the latest statistics and research on issues related to medical malpractice, including long-term care wrongdoing. The 141-page volume includes over 400 linked footnotes and sources. It also discusses how laws could make it harder for patients and their families to place accountability on health care providers and nursing home owners in the case of medical negligence.

Medical Malpractice as it Relates to Long Term Care Providers

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Levin & Perconti 2020: Recovering 74+ Million for Clients

Last year, the attorneys at Levin & Perconti obtained more than $74 million in total settlements for their clients, placing the firm among the top 5 in the state, as ranked by Jury Verdict Reporter in its 2020 Settlement Report.

“We are deeply proud to be recognized for our success in securing top-dollar settlements for our clients,” said Levin & Perconti partner Steven Levin. “This is how we hold accountable those who cause injury and suffering to others.”

case referral from mccready law

“Levin & Perconti Does the Best Job with Nursing Home Cases Here in Chicago.” – McCready Law Firm

Many cases we handle at Levin & Perconti are referred to us by other attorneys who may not have the same resources, experience, and tools their clients and cases require. Because of this, we have a widely engaged network of referring lawyers nationwide, and every year we pay out millions in referral fees. A partner of ours, Michael McCready, who is a personal injury attorney at McCready Law Firm, recently let us know that he believes Levin & Perconti does the best job around.

“My clients and my firm have always been pleased with the level of representation and the results that they receive. Levin & Perconti does the best job with nursing home cases here in Chicago and throughout Illinois,” said McCready. “We highly recommend working with Levin & Perconti on these complex cases.”

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Your Hospital-Acquired Infection May Have Been Prevented

Medical errors can lead to fatal infections and are now the third leading cause of death in the US. Johns Hopkins patient safety experts say these mistakes are responsible for more than 250,000 deaths per year and nearly 70 percent of the 1.7 million preventable hospital-acquired infections accounted for.

Hospital-acquired infections can be caused by viral, bacterial, and fungal pathogens. The most common types are central-line associated infections, pneumonia, urinary tract infection (UTI), Clostridium Difficile (C. diff) infections, Methicillin-resistant Staphylococcus aureus (MRSA), invasive Candidiasis, Septicemia, and surgical site infections (SSI).

Many comedy skits have focused on the relationship between senior citizens and their medications. Over the past few decades there has been an explosion of medications available help patients deal with a wide range of medical health issues. Because the body is prone to more ailments as one ages, it is not uncommon for seniors to have various issues at the same time, requiring use of many different medications at once.

While these drugs are critical in minimizing symptoms, prolonging life, and otherwise making life easier to live, they are not without their risks. For one thing, because seniors so often are on different medications at once, it is incumbent upon caregivers to understand whether any combinations pose too high risks. Also, it is essentially that individual drugs be properly vetted to ensure their side-effects and potential serious harms are mitigated. Sadly, we still have a long way to go before all preventable medication errors are actually avoided, and many dangerous drugs continue to be produced and provided to unsuspecting patients.

Dangerous Drug Liability

Besides facing basic day-to-day life challenges as a result of various age-related medical conditions, senior residents face increased long-term consequences from medical issues that affect people of all ages. There is a reason that seniors are the first ones urged to get flu shots then they become available–because contracting the flu can have more serious long-term consequences on seniors than other community members. Their bodies are often less able to fight back against the condition.

It is for that reason that local seniors and their family members should take notice of a new national health crisis that is making news across the country this week–a meningitis outbreak. According to a story on the issue from Reuters today, health officials are scrambling to get a handle of the situation which ultimately may affect thousands of people across the country.

Thus far, the U.S. Centers for Disease Control and Prevention notes that at least 105 cases have been identified in the last few days–every day seems to bring a few more cases. Sadly, at least eight people have died already as a result of the situation.

The pain injections associated with the fungal meningitis outbreak have only been recalled for a little more than a month. However, hundreds have already been infected as a result and two dozen have died–including many seniors. All other products made around the same time by the involved company–the New England Compounding Center–have also been recalled. The facility itself has been completely shut down.

Also, the first lawsuit connected to the matter will likely be filed soon. That does not mean that all cases will proceed shortly afterward, and it does not even mean that all those affected by the incident have already sought out legal counsel. Because of the long incubation period for this rare type of meningitis, it may be awhile before some of those harmed know the full extent of their injuries. More information will undoubtedly also come to light in upcoming months that shed details on exactly what happened and what should have been done to prevent the harm.

However, considering the first legal actions will likely hit the court soon, some are already asking questions about some of the legal details of the cases and how the general framework might play out. At a basic level, questions are being asked about whether the medical caregivers who administered the drug (or the clinic where they worked) will face any liability for the harm caused by the contaminated products.

The Centers for Medicare and Medicaid Services (CMS) may increase the number of events they refuse to reimburse nursing homes and negligent hospitals for carrying out. Currently nursing home residents who develop pressure ulcers and urinary tract infections are not able to have Medicare and Medicaid cover their treatment costs. This is an effort to require adequate nursing home care and to prevent nursing home abuse on elder patients. Currently, CMS is discussing the addition of hospital errors and surgical errors to the list of events that are not redeemable via insurance. If this passes nursing home residents may be impacted since many undergo pressure sore debridement in hospitals relating to the poor elder care they receive in nursing homes. To read more about the possible changes to be implemented by CMS, click here.

Medicare has put 10 “reasonably preventable” conditions on its initial list of reasons why it will stop paying hospitals for the added cost of treating patients who are injured in their care. Medicare has stated it will not pay when patients receive incompatible blood transfusions, develop infections after certain surgeries or undergo a second operation to retrieve a sponge left behind from the first. Serious bed sores, injuries from falls and urinary tract infections caused by catheters are also on the list. The policy will prevent hospitals from billing patients directly for costs generated by medical errors. Other insurance agencies, both private and public are set to adopt similar criteria. The plan will now grant bonuses to doctors and hospitals that report quality measures. This plan will have a drastic effect on the elderly who rely on Medicare for their sole insurance and any problems that they may incur at the hands of nursing home negligence. To read the full story, click here.

Eli Lilly & Co reportedly trained sales people to downplay the risks associated with the drug Zyprexa and to promote its use beyond the approved treatments for schizophrenia and bipolar disorder. The drug, which is linked to weight gain and diabetes, was pushed to primary-care and nursing home doctors with no regard to the risks. Read more here.

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