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Military Members Now Permitted to Be Compensated for Medical Malpractice

For the past 70 years, members of the military “have been barred from filing medical malpractice claims against the government” under the Feres Doctrine.(NPR.com) Recently, Congress has made changes that will benefit the military and their families.

On December 20, 2019, when the 2020 National Defense Authorization Act (NDAA) was signed into law, it contained a little-noticed provision that “creates a medical-malpractice exception” to Feres v. United States, a 1950 U.S. Supreme Court decision. (USNews.com)

What is the Feres doctrine?

The Feres Doctrine was named after Lt. Rudolph Feres, who was a highly decorated World War II paratrooper. He “made it through some of the toughest fighting of World War II, only to be killed in a stateside barracks fire.”(TheNewYorkTimes.com) In 1947, Lt. Feres and three other officers were killed when the boiler in their barracks exploded and started a fire in the middle of the night.

Lt. Feres had a wife and an infant son at home, dependent on him. His widow “sued the Army for $100,000, claiming that the camp had failed to have a fire guard on watch that night and that the boiler was known to be faulty.” At that point, the Supreme Court laid down the Feres doctrine, which states, “The government is not liable for injuries sustained by military members on active duty.”

Since that time, the Feres doctrine has shielded the military from many lawsuits.

In one extreme case, a soldier’s stomach was opened up for a follow-up operation for abdominal pain. The surgeon discovered a 30 x 18 inch towel containing the inscription “Medical Department U.S. Army”, left there during the previous surgery.

Sergeant First Class Richard Stayskal

Sergeant First Class Richard Stayskal is bringing about needed change for military members and their families. Stayskal is a 38-year-old Purple Heart recipient. In 2004, he was shot through the chest in Iraq by a sniper. He recovered, and stayed in the military.

In January 2017, the Green Beret underwent a routine chest scan, during a physical at a Fort Bragg base hospital. Although the scan picked up tumors in his lungs, the technician never told him, or notified his doctors.

Stayskal went back to the hospital with shortness of breath and chest pains a few months later. Once again, the tumors were missed by Army doctors.

When he finally went to a civilian pulmonologist in June 2017, the cancer was spotted; but by then it had metastasized. Stayskal is now receiving treatment, but because the Stage 4 lung cancer was detected so late, it’s incurable.

Stayskal said, “I was so angry, I reported the negligence to the hospital commander. The response I got was a total lack of concern. Nothing was done.”

After months of fighting, Stayskal took his fight to lawmakers in Washington, DC. The Sergeant First Class Richard Stayskal Military Accountability Act of 2019 was proposed, but not passed; however, “provisions of that act are now included in the 2020 NDAA.” (ABC11.com)

Stayskal says of the new law, “This is everybody’s fight…for the last 70 years, everybody who’s not had a voice or the ones who have tried and fell short…this is a victory for service members across the board.”

How does the new provision work?

Malpractice cases will not go through the federal courts. “Instead, they will be addressed through an existing Defense Department adjudication agency that handles Military Claims Act lawsuits.”

Under the provision, which went into effect on January 1, 2020, military members who have medical malpractice cases will file for compensation just like they would for worker’s compensation, with award amounts being determined by federal court data. For example, if the average compensation for a lost leg is $25 million in the federal court system, a soldier who lost her leg due to medical malpractice in a military hospital would also receive $25 million.

There is a 3-year statute of limitations for filing a case, and the provision will be retroactive to the beginning of 2018, which means Sgt. Stayskal can now pursue his malpractice claim.

CONTACT THE LAW OFFICES OF DAVID L. HOOD FOR A FREE MEDICAL MALPRACTICE CONSULTATION

If you or someone you care about has suffered because of medical negligence, please schedule your free consultation by calling the Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a serious malpractice-related injury. At the Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Medical Malpractice Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!

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Overlapping Surgeries Can Be Catastrophic

Each year, millions of Americans undergo surgery. When we are “under the knife”, we expect to have the surgeon’s full attention. Little do we know that our surgeon may be performing another operation at the same time.

“The pressure to be more efficient and treat more patients can lead surgeons to schedule procedures in more than one operating room at a time.” (StatNews.com)

“Overlapping surgery refers to operations performed by the same primary surgeon such that the start of one surgery overlaps with the end of another. A qualified practitioner finishes noncritical aspects of the first operation while the primary surgeon moves to the next operation.” (JAMANetwork.com)

New research shows that overlapping surgeries is generally safe; however, there are some groups for which this is not the case.

Research found that there was a small increase of complications and even death for overlapping surgeries involving coronary artery bypass grafting and for high-risk patients. Small errors in care could be catastrophic for these groups, causing infections, pneumonia, heart attack, or death.

Bobby Jenks, former Red Sox pitcher settled a claim for $5.1 million after a surgeon caused him a career-ending spine injury, operating on his back and overseeing another operation simultaneously.

Jenks had pitched 19 games before hurting his back in June of 2011.

Dr. Kirkham Wood recommended spinal decompression surgery for Jenks, in hopes of getting him back on the mound again.

The three-hour surgery appeared to have gone well initially. But two weeks post-surgery, Jenks suffered a dural sac tear and leaked spinal fluid. Per discharge instructions, Jenks left messages for Dr. Wood, but never got a return call.

In pain, Jenks went to another surgeon, who repaired the tear, and said that Wood had left a bony spicule which caused the tear.

Jenks had already filed suit when he found out that Dr. Wood had been overseeing another surgery during his operation. Dr. Wood had been sued twice before by patients who had serious complications due to him juggling simultaneous surgeries

Jenks said, “Never picking up a baseball again is absolutely devastating…I was living the dream, and it was taken away from me.”(BostonGlobe.com)

Surgeons must take responsibility and not only make sure both patients are informed when performing overlapping surgeries, but should avoid overlapping surgeries altogether when there is a possibility that the practice could be unsafe.

CONTACT THE LAW OFFICES OF DAVID L. HOOD FOR A FREE MEDICAL MALPRACTICE CONSULTATION

If you or someone you care about has suffered because of medical negligence, please schedule your free consultation by calling the Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a serious malpractice-related injury. At the Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Medical Malpractice Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!

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South Carolina Woman Nearly Brain-Dead After Giving Birth

Once again, South Carolina is in the news for its “sky-high and preventable rate of pregnancies that end in death or serious, long-term medical consequences.” (TheState.com)

34-year-old Jodie Roberts entered the hospital on Monday, July 19, 2018 with excitement, knowing she would soon see her second son, Walter Roberts Jr. for the first time. She was aware that her pregnancy was risky, because of her age, and the fact that she was overweight. She also had diabetes and high blood pressure, according to a legal filing by the family’s attorney.

Because of the risks, her doctors admitted her to Prisma Health’s high risk obstetrics department in Columbia.

When Roberts’ Aunt Becky Kelly visited her on Tuesday afternoon, she says she knew something was wrong. Jodie looked panicked, and was having trouble breathing. Jodie told her she had been complaining to staff and repeatedly asking for a C-section. Kelly says she went to talk to the nurse several times, and was told that Roberts’ doctor wanted her to deliver the baby naturally.

“Roberts was suffering from preeclampsia, a little known but dangerous condition that affects one in 25 pregnant women, according to an affidavit” from an OB/GYN who reviewed Roberts’ medical records.

Preeclampsia is a complication that causes a pregnant woman’s blood pressure to spike, which can cause severe headaches, changes in vision, nausea or vomiting, impaired liver function, swelling of the hands and face, and shortness of breath.

Untreated, preeclampsia can lead to serious, even fatal complications for the baby and/or for the mother. However, it is highly treatable if caught early. Quick actions need to be taken, including administering magnesium and delivering the baby by C-section (once the pregnancy is far enough along).

The first sign of preeclampsia is usually a rise in blood pressure. Sometimes there are no other symptoms; therefore, it’s very important to monitor your blood pressure during pregnancy.

According to Roberts’ attorney, and the expert witness, Prisma Health waited far too long to take any action to treat her preeclampsia. At 8:46pm Tuesday, Roberts said she couldn’t breathe. Three hours later, she complained of pain and discomfort, even though she had already been given an epidural.

Roberts’ blood pressure of 200/150 was considered severe preeclampsia. Experts advise treating preeclampsia with anti-hypertension drugs and magnesium at 160/110, to prevent seizures. Treatment was still delayed.

At 1:56am, Roberts went into cardiac arrest, after hours of complaining. Her breathing stopped, and her family says she didn’t breathe for about 20 minutes. Finally, at this point, doctors performed an emergency C-section. The toddler is doing fine right now, but it may take years before it is known whether or not he will have any cognitive development issues stemming from the traumatic nature of his birth.

Doctors were able to resuscitate Roberts, but she has been in a vegetative state ever since. The lawsuit says, “Jodie’s injuries were the direct and proximate result of multiple occurrences of gross negligence, including the hospital’s decision to continue to induce labor even as Roberts’ vital signs showed she was in extreme danger and distress.”

An affidavit by Dr. Samuel, who had reviewed the medical records said her caregivers:

  • “Failed to adequately treat her high blood pressure and preeclampsia from her admission until the emergency delivery 42 hours later
  • Waited too long to treat Roberts with magnesium…, and failed to evaluate Roberts’ oxygen deficiency for at least 24 hours during labor
  • Continued inducing labor even though Roberts’ vital signs showed she had severe high blood pressure and hypoxia”

Prisma Health, and the hospital’s high risk obstetrics department (along with two residents and a doctor in that department) were named as defendants in the lawsuit.

To date, Prisma Health has not filed a response to the lawsuit.

Jodie Roberts is still in a vegetative state, and can’t move, speak, or recognize her family. Doctors say her brain activity is at somewhere between 4 and 15 percent. She can breathe on her own, and can open her eyes; but her family says they don’t know if she can actually see, hear, or understand what’s going on around her.

Roberts now has to have a caregiver around the clock to bathe her, change her colostomy bag, tube-feed her three times a day, and crush and administer 14 medications every day.

Her family is suing to pay for her medical expenses and therapy (to possibly trigger something that can help her at least partially recover). Her family says her long-term care could cost millions of dollars.

Roberts is not alone. Unfortunately, her case is just one of many that “illustrate a growing concern over America’s high and rising maternal mortality and morbidity rates.”

About 14 U.S. mothers for each 100,000 live births die each year due to pregnancy or delivery complications. Most high income countries have low maternal death rates, and those rates have declined over the last 25 years. In the United States however, the trend is opposite, with a 16.7% rate increase between 1990 and 2015.

According to MUSC, the rates are even worse in South Carolina, at about 24 deaths per 100,000 live births.

Hopefully, help is on the way:

In August, the Joint Commission (founded in 1951 to improve healthcare for the public and accredits 80% of U.S. hospitals), announced it “has introduced two new standards, effective July 1, 2020, to address complications in the areas of maternal hemorrhage and severe hypertension/preeclampsia.”

In 2016, South Carolina lawmakers established the Maternal Mortality and Morbidity Review Committee to investigate pregnancy-related deaths. This committee has found that 54% of pregnancy-related deaths in South Carolina are preventable with proper treatment.

CONTACT THE LAW OFFICES OF DAVID L. HOOD FOR A FREE MEDICAL MALPRACTICE CONSULTATION

If you or someone you care about has suffered because of medical negligence, please schedule your free consultation by calling the Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a serious malpractice-related injury. At the Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Medical Malpractice Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!

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No Simple Solution for Physician Burnout

In the United States, burnout is a huge issue for everyone. It affects 28% of the general working population, according to a recent Mayo Clinic report. Even worse, burnout affects 44% to 54% of physicians. This is a scary statistic, since this puts all of our health at risk. “Doctors who report burnout symptoms are twice as likely to commit a medical error.”(Forbes.com)

Even though doctors are battered, bruised, and begging for help, there has been very little noticeable improvement in the physician “burnout crisis”. Dr. Robert Pearl, contributor to Forbes says he has done a good bit of research to try to get to the bottom of what is causing this “burnout crisis” among physicians.

“The American Academy of Family Physicians describes burnout as a condition shaped by exhaustion, lack of effectiveness and compassion or emotional energy.”(PostandCourier.com)

Although most doctors think burnout is caused by a broken healthcare system, burnout actually seems to have three distinct causes, which need attention and action from doctors:

  1. The Healthcare System

Most physicians, when asked, will say burnout is caused solely by a broken healthcare system, and that the solutions to that problem are beyond their control. They point “to a number of systemic obstacles standing in their way: cumbersome computers, vexing regulations, endless paperwork and long hours at the office.”

Dr. Rex Morgan, an internal medicine physician with East Cooper Coastal Family Physicians, in Mt. Pleasant says that doctors do not like spending hours on a computer; they would rather be taking care of patients. He said sometimes doctors are even working on the computer during a patient’s appointment.

Dr. Pete Zwerner, chief medical officer for the physician’s group at the Medical University of South Carolina said all this imputing data for health insurers and making sure billing codes are correct “take time away from doctors who want to spend more time with patients.”

Insurers say all this required paperwork is supposed to save healthcare dollars by preventing ineffective and unnecessary services.

  1. Moral Injury

Moral Injury is “a term first used to describe the psychological distress of combat soldiers.”

Doctors experience moral injury when the healthcare system inflicts harm on patients.

An example of moral injury to a physician:

A person starts experiencing dizzy spells. He goes to his doctor, who diagnoses him with vertigo and orders a CT scan. The CT scan comes back inconclusive, so the doctor then orders an MRI. Two weeks go by, and the insurance company still hasn’t approved the MRI. Most of us have experienced similar insurance delays, as a patient.

The patient is highly anxious and unable to concentrate because of the long wait. The doctor feels highly frustrated and helpless because there’s nothing else he can do at this point to provide medical care for his patient.

Now imagine this same type of scenario happening to multiple patients at the same time. This can cause hopelessness, disengagement and depression for the doctor.

  1. Medical Culture

Dr. Pearl says,

“For the overwhelming majority of medical history, [the medical] culture was constructive.  The desire to heal, combined with a righteous sense of mission, guided every clinical decision, even when there was little doctors could do to help patients. For centuries, doctors relied on their experience, wisdom and intuition  as the best defenses against disease, injury and illness. Their kindness, empathy and compassion sustained the doctor-patient relationship through history’s most difficult moments. Even today, much of what calls doctors to the profession is rooted in these ancient cultural precepts.”

A doctor was supposed to “always [be] on call, never say no to any request, make your job your priority, and accede to every demand.” In those times, a doctor had to basically be a Superman or Superwoman. Saying no was a sign of weakness and a betrayal of the profession. (kevinmd.com)

However, the medical profession today seems far-removed from this original culture of 2,500 years ago. Transformations in science and society are turning everything upside-down for doctors. Everything is changing quickly, with the invention of the internet, evidence-based medicine and clinical checklists. The “clash between the values physicians were taught and their new reality is producing some of the telltale symptoms we associate with burnout, including disillusionment and despair.”

Examples of these changes:

  • Patients are now treated like “consumers” and doctors are being labeled “providers”.
  • Patients can now use the internet for medical advice.
  • Insurers challenge doctors’ requests for tests and procedures.

Doctors are increasingly resisting these changes in science and society, but are getting nowhere. A mere 40% of physicians today would recommend their career to others.

“Medical culture must evolve in order to address healthcare’s runaway spending and lagging quality.”

Physician burnout has always been a reality, but it was always dismissed; doctors were just forced to deal with it. Now that we know the horrible damages burnout can cause, dismissing is no longer viable.

“In today’s economic climate, any burnout solution that costs more money won’t happen”, says Dr. Pearl. But something has to be done to stop physician burnout.

Some Possible Solutions:

Roper St. Francis Healthcare in Charleston, SC is developing a wellness program for staff members. They suggest doctors find activities like exercising to relieve stress, and that physicians not take paperwork home.

The Medical University of South Carolina Wellness Center in Charleston has opened classes for physicians and students to help with burnout. One of the classes offered is water aerobics.

Dr. Morgan hopes that in the future physicians will be able to delegate paperwork and data entry to administrative staff.

Health care systems across the country are adopting policies to create more responsive, less rigid workplaces for physicians. This will help doctors maintain a healthy balance of work and personal life.

CONTACT THE LAW OFFICES OF DAVID L. HOOD FOR A FREE MEDICAL MALPRACTICE CONSULTATION

If you or someone you care about has suffered because of medical negligence, please schedule your free consultation by calling the Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a serious malpractice-related injury. At the Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Medical Malpractice Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!

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Rampant Medical Neglect in South Carolina Prisons

The South Carolina Constitution requires that “the state must provide for the health and welfare of all incarcerated men and women.”(Greenvilleonline.com) However, according to at least 83 medical malpractice suits pending as of December, 2018, the South Carolina Department of Corrections (SCDC) is not meeting the most basic health care needs of its inmates. There are an additional 78 wrongful death or personal injury lawsuits that cite inadequate medical care in the state’s prisons.

“Collectively, the cases – along with interviews with more than 60 former and current inmates conducted by The State – offer an alarming picture of a prison system in crisis, leaving inmates broken, discarded, and in some cases, dead, due to incompetence or negligence.”

Here are just a few examples of this negligence, which has been going on for years:

Julius Allen Munn says he became blind, because SCDC refused to buy his test strips (which cost 10 cents each) that were needed to check his blood sugar, since he is diabetic. He volunteered to buy them himself, but that wasn’t allowed either.

Because of botched dental work that was done in a SC prison, S.S., another inmate had to be shocked back to life twice in an ambulance, on the way to the hospital, after lying in his cell begging for help for five days.

C.C. says he has a severely broken jaw, and has waited over a year for prison officials to fix it.

P,H. filed a lawsuit in 2016, claiming he had cancerous growths that were pushed aside for four years.

In more severe cases, death has occurred due to SCDC’s negligence:

In 2012, 24-year-old Sinetra Johnson was serving time at Camille Griffin Graham Correctional Institute in Columbia. She was pregnant with twins. In her 26th week of pregnancy, she began having intense pain, and knew something wasn’t right. She went to the prison’s medical station to be checked.

A nurse checked her vital signs, and told her she was fine, and to go on to work at the facility’s clothing plant. She was not sent to an OB/GYN, and no vaginal exam was done.

After work, she again went to the nurse, with the same results.

This being her first pregnancy, Johnson wasn’t sure what to expect. She awoke in extreme pain at 11:15 p.m. She ran to the restroom, and one of the twins (Karmin) was born in the toilet, fully formed, but still in the amniotic sack.

Other inmates tried to get the attention of the guards, and were ignored; so they found a wheelchair, put Johnson in it, and rushed her off to the medical station. Some other inmates were trying to save baby Karmin, but guards ordered them to stay away. By the time the guards finally did something, it was too late. Baby Karmin was dead.

Thankfully, the nurse called an ambulance for Ms. Johnson, and the other baby was delivered in the ambulance.

An autopsy on Karmin revealed that she could have survived if someone had manually ruptured the amniotic sack.

SCDC Officials have denied many of Ms. Johnson’s allegations in response to the lawsuit.

Another wrongful death suit has been filed by the family of Alan Fields, who committed suicide by hanging at Leiber Correctional Institution in Ridgeville, SC in November, 2018. The lawsuit argues “gross negligence by his doctors and other prison staff contributed to Fields taking his own life.”(abcnews4.com)

Fields was serving a 30-year prison sentence for voluntary manslaughter. He had a long history of “hallucinations, severe delusions, and psychosis that were often worsened by manic-depressive episodes,” and had been diagnosed multiple times with schizophrenia and other psychotic and mood disorders.

In the prior year and a half, Fields had tried to commit suicide by hanging or self-injury ten times, according to the lawsuit.

Three of Fields’ five doctors while in prison felt he was malingering (exaggerating or faking symptoms). According to the National Institutes of Health, “the convergence of the multiple symptoms can make the schizoaffective disorders difficult to diagnose.” In March of 2018, one of his doctors, Dr. Judd actually said he did not have a mental illness, and reduced his schizophrenia medicine.

In October of 2018, Fields talked about suicide, including how he was going to go about doing it. “He even scored 10 out of 10 on a suicide intent scale test, attorneys say.” Once again, another doctor, Dr. Griswold accused him of malingering.

In 2017, Fields was placed on a forced medicine regimen, because he was pretending to swallow his medicine, and would later spit it out. That regimen ended as soon as Fields became more stable. In the last three months of his life, Fields took it upon himself to stop taking all his medicines. “The lawsuit slams medical staff for not doing its due diligence to ensure Fields was actually taking his medicine.”

According to the lawsuit, “Mr. Fields’ suicide on November 28, 2018 was foreseeable, preventable, and a direct result of SCDC and the above referenced medical/mental health providers’ failure to properly classify, monitor, and treat his severe mental illness while incarcerated.”

As of 2018, 58% of South Carolina’s inmates suffered from some medical condition. Only 11 physicians and 221 nurses work in the SC prison system, which houses roughly 19,000 inmates. There are 21 prisons in the SCDC system, which means there is not even a doctor for each facility. Bryan Stirling, Director of SCDC says the department contracts with temporary agencies, employing two additional doctors and 74 more nurses to help with the shortage.

Other solutions are in the works, including a partnership with the Medical University of South Carolina, which provides digital doctor visits in five prisons. The department also transports prisoners to see outside doctors.

Stirling says his top priority is to hire more staff, “but that is proving challenging.” The SC House has recently denied a budget request for additional medical staff.

CONTACT THE LAW OFFICES OF DAVID L. HOOD FOR A FREE MEDICAL MALPRACTICE CONSULTATION

If you or someone you care about has sustained a catastrophic illness, or death in a South Carolina prison because of medical negligence, please schedule your free consultation by calling the Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a serious malpractice-related injury. At the Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Medical Malpractice Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you.

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Doctors Warn that a Daily Aspirin Can Actually Be Dangerous

For years, doctors have prescribed a daily low-dose aspirin to patients who have a higher risk of developing heart disease, to prevent heart attack or stroke. More recent studies have shown that the risks may outweigh the benefits.

New research has found that a daily aspirin can increase the risk of potentially dangerous bleeding. Clinical trials involved more than 164,000 people without cardiovascular disease between 53 and 64 years of age. The results, published in the Journal of the American Medical Association (JAMA), “suggest that although regular aspirin use will prevent cardiovascular disease in people who have never had a heart attack, it won’t reduce the odds of dying if you have one and comes with a significant risk of bleeding.”(Healthline.com)

Other dangers of taking a daily aspirin:

  • A severe allergic reaction in some people
  • Taking with blood thinners, NSAID painkillers, or steroids causes a high risk of bleeding or peptic ulcer

Although the American Heart Association and the American College of Cardiology guidelines state that “adults older than 70 who haven’t had a heart attack and people who have a higher bleeding risk shouldn’t take aspirin”, a new study published in the Annals of Internal Medicine shows that millions of American adults still take a daily aspirin, whether their doctor has recommended it or not.(Healthline.com)

Using health data from a 2017 National Health Interview Study, researchers found:

  • 23% or 29 million of Americans take daily aspirin to prevent heart disease
  • 23% of those 29 million take a daily aspirin without a doctor’s recommendation
  • About half of U.S. adults over 69 years of age without cardiovascular disease take aspirin daily

Aspirin can be beneficial to some people. Health experts say that certain people can still benefit from taking that daily aspirin. If you’ve had a stroke or heart attack, a daily aspirin is still recommended. Also, the benefits outweigh the risk if you have high blood pressure, high cholesterol, or coronary stents.

Other ways to reduce the risks of cardiovascular disease or stroke:

  • Get regular exercise
  • Eat a healthy diet, low in saturated fat, refined sugars, and simple carbohydrates
  • Don’t smoke, and avoid secondhand smoke
  • Treat and manage other risk factors, like diabetes or high blood pressure

Because all medical care should be individualized and personal, Dr. Christina Wee, associate professor at Harvard Medical School says people should talk to their doctor to see whether or not they need to be on an aspirin regimen to prevent heart disease.

CONTACT THE LAW OFFICES OF DAVID L. HOOD FOR A FREE MEDICAL MALPRACTICE CONSULTATION

If you or someone you care about has suffered because of medical negligence, please schedule your free consultation by calling the Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a serious malpractice-related injury. At the Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Medical Malpractice Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!

Other online resources used for this article:

https://www.cnn.com/2019/07/22/health/aspirin-daily-use-adults-heart-study/index.html

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Many Cases of Elder Abuse are Still Not Being Reported

Two government studies, published by the Office of Inspector General of the U.S. Department of Health and Human Services confirm that many elder abuse cases go unreported. Although required by law, “many cases of abuse or neglect severe enough to require medical attention” are not being reported to enforcement agencies.(NPR.com) Please click here to listen to the entire broadcast from NPR.

CONTACT DAVID L. HOOD IF YOU SUSPECT YOUR ELDERLY LOVED ONE IS BEING ABUSED

If your elderly loved one lives in a nursing home and you suspect abuse, or if you suspect abuse by another caregiver, please schedule a free consultation with attorney David L. Hood by calling (843) 491-6025 or filling out our brief online contact form

We know how difficult it can be to deal with elder abuse and the untold pain and suffering it causes. At the Law Offices of David L. Hood, we work hard to protect your rights and make things simple for you and your family. After a free case evaluation, attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put years of experience to work for you!

*Clients are not liable for any expenses unless there is a recovery in their case; however, if there is a recovery in their case, clients will be liable for expenses. Attorney’s fees are based on a percentage of the recovery, which will be computed before deducting expenses.

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Shortage of Surgeons Poses Huge Health Risk

According to the Association of American Medical Colleges, there will be a shortage of between 14,300 and 23,400 surgeons in the United States by the year 2032. The Department of Health and Human Services (HHS) has done a study that shows there are “also projected shortages in nine out of 10 surgical specialties by 2025, with the largest shortages in general surgery, urology, ophthalmology and orthopedic surgery.”(The Do)

Why the Shortage?

  • More surgical procedures are being performed than ever before.
  • Medical schools aren’t producing enough surgical interns to keep up with the higher number of surgeries.
  • There are many surgeons retiring.
  • The population is aging, which means there will be a higher demand for surgery.

What is being done to curb this shortage?

  • Hospitals are working on ways to recruit more surgeons, and are paying higher salaries to retain their best surgeons.
  • The U.S. House of Representatives introduced legislation. HR1841, The Ensuring Access to General Surgery Act “would direct HHS to conduct a study to define and identify general surgery shortage areas, and then give the Secretary of HHS the authority to designate general surgery shortage areas based on the study’s findings.”

There are many consequences for a surgeon shortage in the United States, the most detrimental one being death of a patient.

The family of Johnny Sledge, age 24 was recently awarded $30 million in a malpractice case against Dr. Bradley Bilton, a surgeon for DCH Regional Medical Center in Tennessee, as well as against the hospital. Sledge was shot in December of 2013 when a gunfight broke out. He was rushed to the hospital, and needed emergency surgery. The on-call surgeon, Dr. Bilton, was performing an elective surgery at the time.

Sledge died two hours later, while still waiting in the emergency room. The emergency room physician treated him, but he needed life-saving surgery for internal injuries from the gunshot wound to his back. There was no surgeon available to do the surgery.

Dr. Bilton had been contacted two different times by hospital staff, and both times he responded that he was in surgery and told them to find another surgeon. Hospital policies require the unavailable surgeon to find another surgeon, but that was not done. The hospital staff made calls to find another surgeon, but couldn’t find one available. They called Dr. Bilton a third time, and he responded to transfer Sledge to another hospital.

CONTACT THE LAW OFFICES OF DAVID L. HOOD FOR A FREE MEDICAL MALPRACTICE CONSULTATION

If you or someone you care about has suffered because of medical negligence, please schedule your free consultation by calling the Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a serious malpractice-related injury. At the Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Medical Malpractice Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!

Other online references used for this article:

https://www.npr.org/sections/health-shots/2019/02/26/698080027/double-booked-surgeons-study-raises-safety-questions-for-high-risk-patients

https://www.tuscaloosanews.com/news/20190516/jury-awards-30m-in-malpractice-suit-against-surgeon-dch

https://www.physicianleaders.org/news/surgicalists-model-address-acute-care-shortages-eds

https://www.allbusiness.com/a-surgeon-shortage-3876894-1.html

Categories
Medical Malpractice Lawyer

Veteran Sues VA after Embattled Doctor Bungled Surgery

The mission statement for The Department of Veteran’s Affairs (VA) is, “To fulfill President Lincoln’s promise “To care for him who shall have borne the battle, and for his widow, and his orphan” by serving and honoring the men and women who are America’s Veterans.”(VA.gov) Wouldn’t you think the VA would make an extra effort to be sure veterans receive the care they need and deserve?

“The VA has a long history of hiring those who no one else will and putting them in positions of trust.”(TheDailyCaller.com) There have been numerous cases in which the VA has hired a doctor who had previously been disciplined in another state. One such case happened right here in South Carolina.

Kevin Langager, a Navy veteran went to the VA in Columbia, South Carolina with a blocked artery in his leg in December of 2015. He said the vascular surgeon, Dr. Alan Koslow, botched the surgery, “gutting him like a fish.”

After the bungled surgery, Langager researched Dr. Koslow online and found that in October of 2015, Dr. Alan Koslow had been declared incompetent by the Iowa Board of Medicine. He was fined and placed on probation for incompetence and disruptive behavior. However, the VA then hired him to work in the Columbia, SC hospital.

Langager filed a federal lawsuit, which said Dr. Koslow’s mistakes caused Langager “severe pain, leg weakness, and the need for follow-up treatment.” The VA settled the lawsuit for $950,000.

Koslow denies any wrongdoing in Iowa and South Carolina.

Similar cases have happened in other states:

  • In 2011, a West Virginia VA hospital hired another former Des Moines surgeon, Dr. Robert Finley III, who had been accused of incompetence. His mistakes had caused six deaths, and injuries to three patients.

A West Virginia family sued the VA because Asa Carson died after Finley operated on him three times. The VA agreed to settle that lawsuit for $400,000.

Finley is still listed as a doctor at the West Virginia VA hospital.

  • In April of 2017, The Iowa City VA hospital hired neurosurgeon John Henry Schneider, after his Wyoming license had been revoked because of malpractice allegations.

Soon after he was hired, problems started cropping up:

Richard Joseph Hopkins had a benign brain tumor removed, and because of complications, had to have three more brain surgeries before he died from an infection.

James Wehmeyer had spine surgery, then had to have two more operations to clean up infection from the first. The wound wouldn’t heal, so a nurse had to visit him at home every three days to clean out the wound.

“At least three other patients suffered infections after procedures Schneider conducted at the Iowa City VA – two deep-wound and one superficial – but they were cured with antibiotics, Schneider said.”(DesMoinesRegister.com)

Fortunately, Schneider resigned on Nov. 29, 2017, after being sentenced to jail for concealing bankruptcy assets.

CONTACT THE LAW OFFICES OF DAVID L. HOOD FOR A FREE MEDICAL MALPRACTICE CONSULTATION

If you or someone you care about has suffered because of medical negligence, please schedule your free consultation by calling the Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a serious malpractice-related injury. At the Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Medical Malpractice Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!

Other online references used for this article:

https://www.desmoinesregister.com/story/news/health/2019/03/06/veterans-affairs-va-hospital-surgeon-alan-koslow-malpractice-iowa-board-medicine-south-carolina/3069666002/

https://billingsgazette.com/news/state-and-regional/crime-and-courts/former-billings-neurosurgeon-gets-prison-for-trying-to-hide-assets/article_77d8b2d1-334b-5f50-963b-1f5a9362f195.html

Categories
Medical Malpractice Lawyer

Measles Outbreak a Real Possibility in South Carolina

After the development of the measles vaccine (the most recommended prevention for the measles) in the 1960’s, the number of confirmed cases of the disease sharply declined. However, in the last decade, doctors have seen an increase in confirmed cases, due to children not being vaccinated.

“Measles is a highly contagious disease that lives in the nose and throat mucus of an infected person.”(CDC)

Symptoms (appearing 7 to 14 days after infection):

  • High Fever
  • Cough
  • Runny nose
  • Red, watery eyes

Two or three days after symptoms begin:

  • Tiny white spots may appear in the mouth

Three to five days after symptoms start:

  • Rash

The measles virus is spread through coughing and sneezing; it can also spread through breathing contaminated air, or by touching an infected surface, then touching the eye, nose or mouth. The virus can live for up to two hours in the air, and on surfaces. An infected person is contagious from four days before, and up to four days after the rash appears. 90% of non-immune people who are close to a person with the measles will also become infected.

The measles virus is most dangerous for children under the age of five, and adults over 20.

Common complications:

  • Ear infections (usually in children)
  • Diarrhea

Severe complications (causing hospitalization or even death):

  • Pneumonia
  • Encephalitis (swelling of the brain)
  • In pregnant women, measles can cause premature birth, and/or low-birth weight for the baby

Long-Term, “Subacute sclerosing panencephalitis (SSPE) is a very rare, but fatal disease of the central nervous system that results from a measles virus infection acquired earlier in life.” It generally develops 7 to 10 years after an infected person seems to have fully recovered. (CDC)

Vaccines:

MMR – Protects against measles, mumps and rubella.

MMRV – Includes protection for chicken pox (varicella)

Both vaccines are approved for children 12 months of age through 12 years. The CDC recommends children get a dose of either MMR or MMRV (a doctor can give you advice on which your child needs) between the ages of 12 to 15 months, and then a second dose between the ages of 4 to 6 years.

Per Centers for Disease Control and Prevention (CDC), “From January 1 to April 4, 2019, 465 individual cases of measles have been confirmed in 19 states. This is the second-greatest number of cases reported in the U.S. since measles was eliminated in 2000.”(CDC)

The graph below shows the number of measles cases reported in the United States each year, from 2010 until April 4, 2019. Note there have already been 465 cases reported the first three months of this year, more than in the entire year 2018.

*Cases as of December 29, 2018. Case count is preliminary and subject to change.
**Cases as of April 4, 2019. Case count is preliminary and subject to change. Data are updated every Monday.

In February of this year, Washington state declared a national emergency, after 60 cases of the measles were reported.

So far in 2019, there have not been any cases reported in South Carolina, but in November of 2018, there were six reported cases, the first reported cases in 20 years.(The State) However, between 2014 and 2018 there has been a sharp increase (by nearly 20,000) in SC students who are unvaccinated. Because of this statistic, “some experts still believe there is a possibility for an outbreak similar to Washington’s,” in South Carolina. (Post and Courier)

CONTACT THE LAW OFFICES OF DAVID L. HOOD FOR A FREE MEDICAL MALPRACTICE CONSULTATION

If you or someone you care about has suffered because of medical negligence, please schedule your free consultation by calling the Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a serious malpractice-related injury. At the Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Medical Malpractice Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!

Other online references used for this article:

https://www.nvic.org/vaccines-and-diseases/measles/history-measles-vaccine.aspx

https://www.cdc.gov/vaccines/vpd/mmr/public/index.html

https://www.cdc.gov/Features/Measles/