Injury Law Report

AVOID INJURY FROM HOSPITAL ACQUIRED INFECTIONS

ggarrow@garrowandevans.com (ggarrow) — Fri, 09 Dec 2011 00:00:55 -0500

Guarding against infections should be a primary goal of the hospital and its employees during your stay. But you can do a few things as well to decrease the possibility that you’ll bring something nasty and potentially serious germ home from the hospital.

Hospitals must have protocols ---written procedures and guidelines --- that all employees must follow to reduce or eliminate a patient developing a hospital acquired infection (HAI). Most times these rules are mandated by city, county, state or federal governments, or certifying organizations. Following these procedures and rules are not optional. If, for example, you are going to surgery, ask what procedures they follow to ensure that patients don’t develop HAIs. Infections most often come from dirty instruments or hands during surgery, from improperly sterilized or handled catheters or needles, or from the contaminated hands of doctors or other health-care workers. And the overuse of antibiotics in general has helped create antibiotic resistant bacteria ---- tough little germs that survive even with the use of certain antibiotics.

Here are a few questions you can ask the next time you’re in the hospital:

“Did you wash your hands?” Probably a bit difficult for us shy folks to ask the doctor or nurse this question, but you should be mindful of who’s touching you and whether they have washed their hands. The rule: they need to use soap and water, or an alcohol-based hand sanitizer. Not a bad idea to keep sanitizer at your bedside. If you’re a bit bold, you might even say: "I'm sorry, but I didn't see you wash your hands. Would you mind doing it again?" I’d just give them my hand sanitizer when they come into the room.

“When can these tubes be taken out?” The risk of infection from a catheter, ventilator or other tube increases significantly if it's left in place for more than two or three days. So every day you should ask when can they be removed for good. This is a great idea because doctors and nurses can forget to remove them one they’ve done their job.

“Will I receive an antibiotic?” A couple of hours before surgery, ask if an antibiotic will be necessary. A single dose can be appropriate for certain operations, but research suggests that the drug or its timing is improperly administered in up to half of cases. In most situations, it should be given an hour prior to surgery. Ask what type and how much --- even if you don’t know how to interpret the information. Perhaps they will pay more attention and be more careful in dealing with you.

“Do I have to be shaved for this surgery --- if not, I’d prefer that you don’t do it.” Small cuts and nicks can provide an opening for bacteria. So if you really don’t have to lose your hair prior to that procedure, take the advice of the American Academy of Orthopedic Surgeons and don’t shave --- or don't let them shave you --- prior to surgery.

“Do I really need this heartburn drug?” Hospital patients are often prescribed a proton pump inhibitor, such as lansoprazole (Prevacid and generic) or omeprazole (Prilosec and generic).

FECES ON CELL PHONES??? PERHAPS YOU DON'T WANT TO USE YOUR FRIEND'S MOBILE DEVICE

ggarrow@garrowandevans.com (ggarrow) — Thu, 08 Dec 2011 00:00:01 -0500

Apparently, folks in Britain don't wash their hands after using the toilet. Then they use their cell phones. Researcher found that 92% of the phone examined were contaminated with bacteria and, worse yet, 16% of the cell phones harbored the dangerous Escherichia coli --- E. coli --- bacteria. Very nasty! Click here to read more.

By the way, are you washing your hands after using the potty?

GIVING THE PATIENT THE WRONG DRUG LEADS TO DEATH - MORE COMMON THAN YOU THINK

ggarrow@garrowandevans.com (ggarrow) — Wed, 07 Dec 2011 18:48:05 -0500

A patient complains of shortness of breath after receiving routine kidney dialysis treatment. As a precaution, he was admitted to a local hospital. The next day, while alert and still basically OK, he complained of an upset stomach. His doctor prescribed an antacid. Instead, his nurse gives him a paralytic drug – pancuronium – that was inappropriately stored in the nursing area. This deadly screwup sends the patient into cardiac arrest. He was revived, but the lost of oxygen during the heart attack places him in a vegetative state. He dies a month later. An unusual occurrence, for sure, but preventable medical errors happen far too often and sometime have fatal consequences.

The Institute of Medicine found that up to 98,000 people die every year from preventable medical errors --- the sixth leading cause of death. Medication errors are particularly a problem. Many medication errors --- giving the patient the wrong drug --- are preventable and inexcusable. In an earlier blog in 2010, we discussed the reasons for the most common medication errors.

We'll discuss what you can do to avoid being the victim of medical errors --- and particularly medication errors --- in the next blog. In the meantime, go to our website to a related topic that discusses "why our hospitals are not always safe."

Danger Zone: Slowing for a Disabled Vehicle

ggarrow@garrowandevans.com (ggarrow) — Fri, 24 Jun 2011 19:03:08 -0500

Even if you are following all public safety rules, great care must be taken when faced with a disabled vehicle on the highway. You can obey the law and slow down as required, but there certainly will be drivers behind you that will not.

A deadly crash on Interstate 64 in Newport News, Virginia last week appears to be an example of this principle. The crash, likely caused by reckless driving and following too close, claimed the lives of a grandmother and granddaughter in the Hampton Roads area. Pennie Leveeren was driving with granddaughter Shekinah Parker on I-64 when they slowed down and changed lanes due to a disabled vehicle in their path. The driver behind them, according to preliminary reports, did not slow and hit them from the rear. Unfortunately, both died from their injuries. The suspect driver was charged with reckless driving and following too close.

Shekinah had just graduated from Woodside High School in Newport News, and was looking forward to beginning college at Virginia Commonwealth University.

Despite Clear Rules, Serious Injury and Death During Surgery Still Happens

ggarrow@garrowandevans.com (ggarrow) — Fri, 24 Jun 2011 17:26:09 -0500

Surgeons operating on the wrong patient or the wrong part of your body? These careless medical problems are called “Never Events” because they are so shockingly avoidable that most doctors say they should “never” happen in the first place. Yet they do happen. Even though the medical profession has developed a “universal protocol” for doctors to follow prior to surgery and performing other key medical procedures, health professionals continue to cause injury and even death to patients in situations where such injury is entirely preventable. Listed below are examples of medical events identified by the National Quality Forum that should never occur and, if they do, require immediate investigation. The NQF is a nonprofit organization dedicated to improving American healthcare quality.

Surgical events

Surgery performed on the wrong body part

Surgery performed on the wrong patient

Wrong surgical procedure performed on a patient

Product or device events

Patient death or serious disability associated with the use of contaminated drugs, devices, or biologics provided by the hospital

Patient protection events

Infant discharged to the wrong person

Patient death or serious disability associated with patient elopement (disappearance)

Patient suicide, or attempted suicide resulting in serious disability, while being cared for in a health care facility

Care management events

Patient death or serious disability associated with a medication error (e.g., errors involving the wrong drug, wrong dose, wrong patient, wrong time, wrong rate, wrong preparation, or wrong route of administration)

Maternal death or serious disability associated with labor or delivery in a low-risk pregnancy while being cared for in a health care facility

Stage 3 or 4 pressure ulcers acquired after admission to a health care facility (for example, nursing home)

Environmental events

Patient death or serious disability associated with an electric shock while being cared for in a health care facility (for example, psychiatric institution)

Patient death or serious disability associated with a fall while being cared for in a health care facility (for example, nursing home)

Patient death or serious disability associated with the use of restraints or bedrails while being cared for in a health care facility (for example, psychiatric institution)

Criminal events

Any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist, or other licensed health care provider

Abduction of a patient of any age

Sexual assault on a patient within or on the grounds of the health care facility

Death or significant injury of a patient or staff member resulting from a physical assault (i.e., battery) that occurs within or on the grounds of the health care facility

"Overnight" Weight Loss Surgery is Risky --- Can Cause Serious Injury and Death

ggarrow@garrowandevans.com (ggarrow) — Mon, 20 Jun 2011 18:59:27 -0500

if you are considering bariatric surgery, and the doctor tells you that he or she can do it on you as an outpatient, think very hard about getting a 2nd opinion. Leading doctors in the weight loss surgery community, as well as a new outcomes study, suggest that weight loss treatment as an outpatient can be risky and have an adverse impact on your safety.

In a study of nearly 52,000 patients undergoing gastric bypass, those who had the surgery performed as outpatients were 13 times more likely to die within 30 days and 12 times more likely to have serious complications than those who remained in the hospital for 2 days. The the national average for length of hospital stay for this surgery is 2 days.

How about an overnight stay? Do these patients fare better than those who opt for outpatient surgery? Not according to the study. Even patients who stayed overnight but were discharged less than 24 hours later were more likely to die than those who stayed 2 full days. These findings were presented at the Annual Meeting of the American Society of Metabolic & Bariatric Surgery (ASMBS) in Orlando, Florida just last week.

We'll talk about the reasons for higher mortality when weight loss surgery is performed on an outpatient basis in later blogs.

A Visit to the Ballpark Should Not Lead to Injury or Death

ggarrow@garrowandevans.com (ggarrow) — Tue, 07 Jun 2011 12:22:46 -0500

We all enjoy a fun trip to the ballpark, football stadium or basketball arena. But can it be that serious injuries at these venues is on the rise? We're not sure, but recently there have been several newsworthy injuries at stadiums, arenas and ballparks across the country. Whether through faulty design or lack of security, people have been injured or even killed simply because they decided to enjoy a ball game. While some injuries can be avoided by a more watchful and careful visitor to the park, it's clear that owners of these facilities have a duty to the public to reduce the chance of injury to the public.

Security issues are at the core of the recent Dodger stadium attack. An investigation is ongoing, but questions regarding safety, the number of law enforcement officials present and the training of stadium employees in security undoubtedly will be reviewed.

Avoid Auto Injuries by Following a Few Simple Rules

ggarrow@garrowandevans.com (ggarrow) — Mon, 06 Jun 2011 11:59:40 -0500

Motor vehicle crashes are among the top ten causes of death for Americans of all ages and the leading cause of death for children, teens, and young adults aged 5-34 years. What can we do to reduce these deadly statistics? Well, we all can do a better job of driving our own vehicles, and follow a few simple rules to ensure that we don't become an injury or death statistic.

Take a look at this checklist, and change your behavior!

Download file

techsupport@lexblog.com (Admin) — Sun, 05 Jun 2011 15:06:00 -0500

THE GARROW LAW FIRM FIGHTS FOR THE RIGHTS OF INJURED PEOPLE.

George Garrow has been fighting for the rights of injured persons for more than 20 years. "Helping Little People with Big Problems" is our firm's guiding principle --- because we represent average folks who find themselves in difficult situations with no where to turn. Being injured by someone else's carelessness, or becoming a victim of medical negligence should not bankrupt you or cause your life to be turned upside down. Although money cannot reverse the trauma of a serious injury or death, you are entitled to fair compensation for your injuries.

WE HELP PEOPLE STAND UP FOR THEIR RIGHTS

We represent persons injured in serious auto accidents, wrongful death, medical malpractice, nursing home negligence, and the victims of bad business decisions. We help people injured by companies who sell drugs that harm family members. If injured on the property of a corporation and it will not accept responsibility, give us a call. Even if the wrongdoer is big and powerful, we know what to do to make them own up to the harm and loss they may have caused you. If someone ruined your business, you need to call us!

WE HANDLE THE MOST SERIOUS PERSONAL INJURY, WRONGFUL DEATH, MEDICAL MALPRACTICE, NURSING HOME AND AUTOMOBILE CASES

We handle mostly big problems for little people. Call us and let's talk about it. Because of our firm's national connections and relationships with the best trial lawyers throughout the country, we can make sure you get the best representation. We realize that we don't know everything and can't be everywhere --- that's why we have memberships in national associations that give us a network of connections in all 50 states. We even might decide to work with another law firm on your case --- and it will not cost you a dime more because the attorneys will share the same fee that is earned.

We will provide you with an initial free legal consultation to make certain you know what to expect. If you have recently been injured and the people who did it will not do the right thing, please call us today.

DON'T BE AFRAID TO FIGHT BACK. WE CAN HELP!

We handle serious injury matters and are prepared to help you win. Please go to this link to learn more about the type of cases that we handle.

Thank you.

Who Is Responsible for the BP Oil Spill?

ggarrow@garrowandevans.com (ggarrow) — Sun, 09 May 2010 01:00:00 -0500

British Petroleum, now know as BP Plc, will not be the only company in the mix and responsible for the massive and unprecedented oil spill now in progress in the Gulf of Mexico. Several companies are engaged in this business, and now all are scrambling to "lawyer up" and engage PR firms to spin their own stories about their lack of culpability.

Their lobbyists also are in full gear on the Hill "keeping legislators informed" and up to date on the cleanup. Damage control??? That's what Tyson Slocum of consumer group Public Citizen calls it. "They're making themselves available to Congress in an effort to sooth anger" he says, but if there's a finding of negligence, I don't see how this will be effective."

At least three committees in Congress plan to investigate the disaster. BP could be in for billions of dollars in clean-up costs and analysts say the industry may face new government demands for costly safety standard upgrades and tax and royalty concessions. But is BP the only company possibly on the hook for causing such outrageous economic and environmental injuries? Probably not. In fact, several companies appear to have a hand in this Gulf of Mexico oil rig disaster. Check out our next blog for who might be paying big money for big time injuries to many, many people and small firms.

The BP Oil Spill - An "Unprecedented Environmental Disaster"?

ggarrow@garrowandevans.com (ggarrow) — Sat, 08 May 2010 01:00:00 -0500

US Homeland Security Secretary Janet Napolitano stopped short of calling the BP oil spill "an unprecedented environmental disaster", but clearly, she and other Obama Administration officials are thinking that this problem could be the Nation's worst environmental calamity --- even dwarfing the Exxon Valdez spill.

"The possibility remains that the BP oil spill could turn into an unprecedented environmental disaster, says the Secretary. “The possibility also remains that it will be somewhat less…we don't necessarily want to predict Armageddon."

President Obama already has suggested that this Gulf of Mexico oil spillage will be like nothing we’ve ever seen. "We're dealing with a massive and potentially unprecedented environmental disaster" said the President earlier this week.

Many fishermen and others whose livelihood depends on the Gulf and related waterways are predicting that the BP spill will be Armageddon for their lives. With confirmed sightings of oil across a 50-mile chain of islands that line Louisiana’s southwestern coast, government officials have ordered the affected area closed to public entry. The feds also expanded an earlier ban on fishing in the area east of the Mississippi River.

Who will pay for this monumental damage? How will those injured be made whole? More on this subject in a later blog.

Medication Errors Cause Serious Personal Injury - Part 2

ggarrow@garrowandevans.com (ggarrow) — Mon, 25 Jan 2010 14:36:50 -0500

Patients have been injured by taking the wrong medication simply because, in some instances, the doctor or other health professional's handwriting could not be read. The Institute for Safe Medication Practices reports that some abbreviations are more likely to be misinterpreted, misunderstood or simply written incorrectly than others. For this reason, it recommends that some medication abbreviations never be used by health professionals. Here's a chart that provides a list of abbreviations that should not be used by doctors. Click here.

Can Bad Handwriting Lead to Serious Personal Injury and Death?

ggarrow@garrowandevans.com (ggarrow) — Wed, 13 Jan 2010 00:00:15 -0500

Doctors and pharmacists often rely on the use of standard abbreviations in prescribing medication for their patients. But check out these most common abbreviation errors that can cause injury and death to unsuspecting patients:

Dangerous Abbreviations (National Coordinating Council for Medication Error Reporting Prevention)

Abbreviation	Intended meaning	Common Error
U	Units	Mistaken as a zero or a four (4) resulting in overdose. Also mistaken for "cc" (cubic centimeters) when poorly written.
µg	Micrograms	Mistaken for "mg" (milligrams) resulting in an overdose.
Q.D.	Latin abbreviation for every day	The period after the "Q" has sometimes been mistaken for an " I, " and the drug has been given "QID" (four times daily) rather than daily.
Q.O.D.	Latin abbreviation for every other day	Misinterpreted as "QD" (daily) or "QID" (four times daily). If the "O" is poorly written, it looks like a period or "I."
SC or SQ	Subcutaneous	Mistaken as "SL" (sublingual) when poorly written.
T I W	Three times a week	Misinterpreted as "three times a day" or "twice a week."
D/C	Discharge; also discontinue	Patient's medications have been prematurely discontinued when D/C, (intended to mean "discharge") was misinterpreted as "discontinue," because it was followed by a list of drugs.
HS	Half strength	Misinterpreted as the Latin abbreviation "HS" (hour of sleep).
cc	Cubic centimeters	Mistaken as "U" (units) when poorly written.
AU, AS, AD	Latin abbreviation for both ears; left ear; right ear	Misinterpreted as the Latin abbreviation "OU" (both eyes); "OS" (left eye); "OD" (right eye)
IU	International Unit	Mistaken as IV (intravenous) or 10(ten)
MS, MSO4, MgSO4	Confused for one another	Can mean morphine sulfate or magnesium sulfate

Medication Errors Cause Serious Personal Injury

ggarrow@garrowandevans.com (ggarrow) — Tue, 12 Jan 2010 18:16:56 -0500

Despite the health care industry's increasing reliance on technology, medication errors still causes significant injury --- and sometimes death --- to unsuspecting patients.

Some common types of medication errors include:

Incomplete patient information such as not knowing about a patients' allergies, other medicines they are taking, previous diagnoses, and lab results;

Unavailable drug information such as lack of up-to-date warnings;

Miscommunication of drug order, including poor handwriting, confusion between drugs with similar names, misuse of zeroes and decimal points, confusion of metric and other dosing units, and inappropriate abbreviations;

Lack of appropriate labeling as a drug is prepared and repackaged into smaller units; and

Environmental factors, such as lighting, heat, noise; and interruptions that can distract health professionals from their medical tasks.

The FDA began monitoring this serious problem nearly 20 years ago. Its website provides additional information on this topic.

Check our next post on how inappropriate abbreviations in orders written by doctors and pharmacists can cause death and serious injury.

DOJ Report: High Rate of Sexual Abuse and Rape of Jailed Juveniles

ggarrow@garrowandevans.com (ggarrow) — Fri, 08 Jan 2010 16:56:55 -0500

Is the Obama administration moving too slowly on reforms that would reduce sexual abuse and rape in U.S. prisons? A recent study from its own Department of Justice reports a "very high rate of staff sexual misconduct" against juvenile inmates. It cites two facilities in Virginia and one in Maryland, among others.

The Washington Post reports that the Justice Department "reported…12 percent of incarcerated juveniles, or more than 3,200 young people, had been raped or sexually abused in the past year by fellow inmates or prison staff.” USA Today reports, "In the worst facilities surveyed - in Indiana, Maryland, North Carolina and Texas - more than 30% of youths reported they had been sexually victimized.” Of the 195 juvenile facilities in the study 13 had an overall victimization rate that could be identified as “high rate”.

The overall victimization rate mostly is a measure that includes all reports of unwilling sexual activity between youth and all reports of staff sexual misconduct, regardless of the level of coercion and type of sexual activity.

The 13 “worse” facilities include the following:

In Loco Parentis (commitment made in place of the parent)

Pendleton Juv. Corr. Fac. (IN)

Corsicana Res. Trtmt. Ctr. (TX)

Victory Field Corr. Acad. (TX)

Indianapolis Juv. Corr. Fac. (IN)

Shawono Ctr. (MI)

Parental/guardian consent (parental consent to commitment)

Samarkand Yth. Dev. Ctr. (NC)

Culpeper Juv. Corr. Ctr., Long Term (VA)

Woodland Hills Yth. Dev. Ctr. (TN)

Backbone Mtn. Yth. Ctr., Swanton (MD)

L.E. Rader Ctr. (OK)

Bon Air Juv. Corr. Ctr. (VA)

Cresson Secure Treatment Unit (PA)

New Jersey Training School (NJ)