Life expectancy in the US has dropped by over two years, over the past two years. This has been the largest decline since World War II (CNN). The obvious cause for this decline is the coronavirus pandemic. It has resulted in over 998,000 deaths as of May 13th, according to the New York Times. COVID-19 “was the third leading cause of death, behind cancer and heart disease. Together, those three causes accounted for nearly half of all deaths in the U.S. in 2020,” the Center for Disease Control (CDC) reports (WCBD News 2). The new life expectancy of an American citizen is 76.60 years. The expectancy for males is 74.2 years and the expectancy for women is 79.9 years (WCBD News 2).
Life Expectancy two-year decline
South Carolina Life Expectancy – Below Average
The average life expectancy in South Carolina is even lower than the national average. Compared to the rest of the country, SC ranks 43rd overall, with men living an average of 73.9 years and women living an average of 79.7 years (US News)
Leading Causes of Death in South Carolina
The phrase “an apple a day keeps the doctor away” is one that everybody is familiar with. It claims that eating right will keep a person healthy for longer. But what if something happens that is outside the control of that individual?
The leading causes of death in South Carolina are heart disease, cancer, chronic lower respiratory diseases, stroke, and accidents (WCBD News 2). In 2019, 10,578 South Carolinians died from heart disease, and 55,853 citizens were hospitalized due to heart disease. This led to $4.5 billion of hospitalization charges, according to the South Carolina Department of Health and Environmental Control (SCDHEC). Their studies also found that many South Carolinians fell into categories that put them more at-risk for heart disease:
having a sedentary lifestyle
having high blood pressure or high cholesterol
being overweight or obese
In 2019, 69.3 percent of people over 18 in South Carolina were overweight or obese. 38.3 percent suffered from high blood pressure; and 36.7 percent suffered from high cholesterol. Though heart disease is the leading cause of death in South Carolina, strokes have many of the same risk factors. Strokes are the leading cause of long-term disability in South Carolina. Strokes led to over 1.3 billion dollars in hospitalization charges in 2019. As part of the “Stroke Belt,” it is important for South Carolinians to be aware of risk factors and to avoid them whenever possible
Fatal Accidents
While the likelihood of dying from one of these causes can be reduced based on lifestyle, it is difficult to be prepared against accidents. It is also concerning that accidents are one of South Carolina’s leading causes of death. According to the US Department of Labor, the most common fatal occupational injury in SC is transportation incidents. These incidents resulted in 41% of all fatal occupational injuries, which is 4% higher than the national average (U.S. Department of Labor).
When totaling the number of drunk-driving related fatalities per state during the years 2009-2018, SC had the fourth highest number of fatalities in the US, according to Forbes Magazine (Forbes). There was also a 14% increase in alcohol-related deaths from 2019 to 2020, despite there being a decrease in miles traveled during the pandemic (MADD).
South Carolina is a beautiful state to live in with its mountains, beaches, and plentiful wildlife. However, in order to appreciate its beauty for longer, the average citizen must be aware of the risk factors faced here that cause the population to have one of the lowest life expectancies within the US and be willing to combat them when possible.
Contact the Law Offices of David L. Hood for a Free Wrongful Death Consultation
If someone you care about has died due to someone else’s 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 wrongful death. 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, South Carolina wrongful death 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!
*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.
TCAR surgery (transcarotid artery revascularization) is safer and less-invasive than the traditional CEA procedure (carotid endarterectomy).
TCAR Surgery
Ann Keetch became one of the first patients to undergo a new procedure, transcarotid artery revascularization (TCAR) at Roper St. Francis in Charleston, South Carolina.
When Ann Keetch was at the dentist last year, her dentist spotted something severely wrong on an x-ray. After a trip to the emergency room, it was discovered that Keetch had severe plaque buildup in a carotid artery.
What are Carotid Arteries?
Carotid arteries carry blood to the head and neck. Since these arteries deliver blood to the brain, a blockage carries with it a high risk of stroke for the patient.
Treatment for Clogged Carotid
“Before 2018, the main treatment [for carotid artery disease] came with its own risk: If pieces of the clogged debris were displaced during the procedure and traveled to the brain, it could cause a stroke. Patients also faced long recovery times.” (The Post and Courier)
The most common procedure for a mild carotid artery blockage is a carotid endarterectomy (CEA). Plaque is removed through a large incision in the neck; the artery is then repaired, and the incision is closed.
A more severe blockage, like Keetch’s may need stenting. In stenting, an incision in made in the groin, where a catheter is put and guided through to the neck. Then, “a stent is placed that manually expands the artery to increase blood flow.” There is a slight chance that during this expansion, debris can break off and travel to the brain.
TCAR
With the new TCAR procedure, a small incision is made at the neckline. Then a tube is place directly into the carotid artery. This tube is connected “to a system that will temporarily direct blood flow away from the brain, protecting against dangerous debris reaching the brain during the procedure.” A filter outside of the body will catch any debris traveling in the blood. The filtered blood is then returned through another tube in the upper thigh. A stent is placed to stabilize the plaque and prevent future strokes. Then the blood flow is reversed to its normal direction. (Carondelet Health Network)
“It allows us to treat patients who are sicker, with higher risk for complications, in a safer manner,” said Dr. Sean Hislop, a vascular surgeon at Roper St. Francis in Charleston, South Carolina.
Benefits of TCAR versus traditional CEA and/or stenting:
A smaller incision, thus less scarring
Lower risk of stroke (1% versus 3%)
Prevents procedural stroke, since blood is reversed away from the brain
Minimal procedure time (7 minutes versus 45 minutes)
Elaine Newcomb has had both surgeries. In June of 2018, she had the traditional CEA in Myrtle Beach. She said she had to have staples to repair the huge incision, and it took three months to recover.
TCAR Procedure Recovery Time
When an additional blockage was found in November, Newcomb was referred to The Medical University of South Carolina (MUSC) in Charleston. She said the recovery after TCAR surgery was only about 10 days. “It didn’t feel like major surgery to me,” she said.
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!
*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.
Type 2 diabetes is when the body has difficulty regulating and using sugar as fuel, which results in too much sugar in the bloodstream. If left untreated, high blood sugar levels can lead to problems with the nervous, circulatory, and immune systems.
Type 1 diabetes (once known as juvenile diabetes or insulin-dependent diabetes), on the other hand, is when the pancreas makes little or no insulin.
Causes of type 2 diabetes
Type 2 diabetes is usually caused by two main problems:
the pancreas is unable to produce enough insulin to regulate blood sugar levels
cells in muscles, fat, and the liver no longer take in enough sugar because they have become resistant to insulin
Though the causes of these problems are still unknown, there are several risk factors that affect one’s likelihood of developing the condition. Being overweight or obese is a main risk, and unfortunately, two-thirds of adults in South Carolina are overweight or obese. In addition, holding weight mostly in your abdomen instead of your hips and thighs indicates an increased risk. A family history of type 2 diabetes is a risk as well as being over the age of 45.
Diabetes in Women
In women, polycystic ovarian syndrome, developing gestational diabetes when pregnant, and giving birth to a baby over 9 pounds increases the risk of developing diabetes.
Finally, prediabetes, which 34.9 percent of South Carolina’s adult population has, can turn into type 2 diabetes.
Can type 2 diabetes be cured?
As of 2022, there is no cure for diabetes, though exercise, losing weight, eating well, and medication can help manage the condition (Mayo Clinic).
Diabetes statistics in South Carolina
South Carolina has one of the highest rates of type 2 diabetes in the United States. In 2018, we were ranked 8th in prevalence of diabetes, but in 2020, we jumped to 6th highest prevalence. A whopping 13.2% of South Carolina’s population has type 2 diabetes, which is over 530,000 people. Every year, another 35,000 people are diagnosed with type 2 diabetes. An additional 120,000 people in South Carolina have diabetes but don’t know it. Because symptoms of diabetes develop slowly over time, it is easy for them to go unnoticed.
Type 2 diabetes symptoms
Symptoms of type 2 diabetes include:
blurred vision
slow-healing sores
frequent infections
increased hunger and thirst
fatigue
numbness or tingling in the hands and feet
frequent urination
unintended weight loss
areas of darkened skin, usually in the armpits or neck
Risk factors for developing diabetes
The risk of getting diabetes increases with age, and one in four South Carolinians over the age of 65 have type 2 diabetes. 1 in every 8 white people have diabetes, while one in every 6 African-Americans have diabetes (SCDHEC).
Long term complications of diabetes
In South Carolina, diabetes is the 7th leading cause of death, with an average of four diabetes-related deaths happening every day. Diagnosed diabetes costs an estimated $5.9 billion every year in our state. This is because diabetes often leads to other severe health complications, like heart disease, stroke, neuropathy, kidney diseases, eye damage, amputation, and death (SC Fact Sheet).
People diagnosed with diabetes typically spend 2.3 times more money annually on medical expenses with an average being $16,750. In 2018, about 33,000 hospitalizations and emergency department visits occurred in South Carolina due to complications of diabetes.
Prevention of Diabetes
While diabetes is incurable, it is manageable with lifestyle changes. However, if possible, prevention is key. Maintaining a healthy weight and lifestyle can prove the best defense when it comes to diabetes.
Contact Attorney David L. Hood for a Free Medical Malpractice Consultation
If you or someone you care about has suffered medical negligence due to diabetes, 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!
Pool chlorine dangers are lurking, and most people don’t even realize it. Swimming can be a fun and healthy activity, for children and adults alike, especially in the summer heat. Unfortunately, with that fun there are dangers.
Dangers of Chlorine
Chlorine, like household chemicals has many risks, if not used and stored properly.
What is chlorine used for?
Chlorine is used to keep swimming pools clean, and free from bacteria, alga and other harmful substances, so the water is safe for swimming. “Chlorine breaks down oils, lotions and skin flakes, more commonly known as “bather waste”.” (LovetoKnow.com)
According to the Centers for Disease Control and Prevention (CDC), an average of 4,535 people per year have gone to the emergency room for exposure to chlorine, in the last decade. More than half of those injuries are taking place at home pools, and more than a third of the injured are children and teens. (CDC.com)
Pool Chlorine Side Effects
The most common injury is poisoning, by breathing in the fumes. Other injuries occur when chlorine is not secured out of the reach of children, and “when people enter a pool too soon after chemicals have been added.” (TheWashingtonPost.com)
Pool chlorine dangers:
Can be a skin irritant, causing skin rashes like eczema, and aggravating conditions like acne, psoriasis and seborrhea. If you notice your skin becoming irritated by a chlorinated pool, doctors suggest supplementing your diet with essential fatty acids.
Can cause itchy, burning eyes.
Can aggravate or trigger bronchial problems, such as asthma.
There is a possible association between exposure to chlorine and some types of cancer (bladder and breast cancer, and malignant melanoma).
Can be linked to bowel difficulties.
The reported dangers of chlorine use in swimming pools is scary, but there are some things you can do to keep safe.
Pool chemical safety tips for pool owners and operators:
Follow manufacturer’s instructions for safe usage and storage. Chlorine is poisonous, flammable and corrosive. When “used improperly, chlorine poses serious risks of illness, injury, fire and explosion.” (LovetoKnow.com)
Wear safety equipment, like gloves, respirators, and goggles.
Keep pool chemicals out of the reach of children, teens and animals.
Do not mix chlorine with any other chemicals.
Do not mix different forms of chlorine together.
Do not remove chlorine from its original container.
Keep poison control phone number handy.
Maintain proper water pH levels.
Do not over chlorinate your pool.
Research chemical-free alternatives.
Pool chemical safety tips for swimmers:
If possible, limit your time in the water.
Keep the chemicals in the pool healthy by showering for at least 1 minute before getting into the water. This will remove dirt, oils, sweat and chemicals from your body.
Never use the pool as a toilet. This causes an unhealthy reaction with the chlorine.
Pool Chlorine Safety Tips, Produced by The Chlorine Institute and the American Chemistry Council
The Law Offices of David L. Hood: Here to Fight for Injury Victims in Georgetown and Horry Counties and Throughout South Carolina
Here at the The Law Offices of David L. Hood, we have years of experience representing injured victims in South Carolina, and we offer a free initial consultation so we can listen to your story and provide candid advice about what your legal options are. If you choose to hire us, we also work on a contingent fee basis, which means you don’t pay fees or expenses unless we achieve a settlement or win your case in court.
If you or a loved one has recently been injured through no fault of your own, contact The Law Offices of David L. Hood at (843) 491-6025 or fill out our online contact form and we’ll get in touch to schedule your free consultation. We know accidents can turn a person’s life upside-down, but we’re here to support you and guide you at every step in your journey toward justice and healing.
Umbrella dangers are not what most people think of when dreaming of a day at the beach. You may think of crashing waves, warm sand, and plenty of relaxation. Now think about the dangers of a beach day. You might think about getting a bad sunburn or maybe even a shark attack. However, none of these things are what hurt one and killed another woman this summer in South Carolina. Unfortunately, their attackers are something that litter the shore as far as the eye can see: beach umbrellas.
Beach Umbrella Accidents
In June of 2021, Berenice Kelly and her husband were vacationing at the Wild Dunes Resort on Isle of Palms. As weather conditions worsened, the umbrellas that the resort had put out on the beach for guests to use were blown loose from where they had been placed in the sand. One such umbrella hit Kelly in the face, shattering her face and nose. This required extensive surgery to repair. As Kelly’s husband, Theodore, provided aid to his wife while waiting for emergency services to arrive, he was also injured. On July 5th of this year, the couple filed a lawsuit against the Wild Dunes Resort. The Kellys claim that the resort “failed to properly install the umbrella and monitor weather conditions” (News13). As of July 10th, a court date has not been set for what the couple hopes will be a jury trial.
On August 10th of this year, another woman was killed after being impaled in the chest by a loose beach umbrella. Tammy Perreault was enjoying a day at a Garden City beach when an umbrella blew loose from its anchoring and hit her. She was rushed to a hospital, but unfortunately, she died about an hour later from chest trauma (CBS News). According to the U.S. Consumer Product Safety Commission (CPSC), because of their wide canopy, it is easy for umbrellas to get caught in a strong wind if they aren’t anchored properly. To help anchor them, umbrellas typically have a spiked end to cut through sand easily. However, this makes them incredibly dangerous if they are being hurtled through the air.
How many beach umbrella injuries happen each year?
The CPSC has reported that around 3,000 Americans a year are hospitalized due to injuries caused by all types of umbrellas.
The Journal of Safety Research estimates that between 2000 and 2019, an estimated 5,512 beach umbrella injuries were identified (The Journal of Safety Research).
The CPSC is aware of this fatal incident involving Terry Perreault. They are working to develop a standard that will establish requirements for beach umbrellas and their anchoring systems to make them safer and more reliable.
Implementing Changes
Horry County officials have not said whether or not this tragedy will cause changes to be implemented to beach umbrella policies. Horry County boasts 14 miles of public beaches. Current policies state that “shading devices of any kind cannot be tied, bound, or connected to each other in any manner, and they must be secured.” It is not known whether or not the umbrella that killed Perreault was properly secured before the wind swept it away. (The Post and Courier)
While beach days can be a fun way to relax, it is important to be aware of weather conditions and of your surroundings. If you’re using an umbrella on the beach, make sure that it is properly secured in the sand and don’t leave it unattended if there is relatively strong wind. And, of course, always wear sunscreen when hitting the beach!
Video by Inside Edition
Beach umbrella safety tips:
“Spike your beach umbrella pole into the sand.
Firmly rock it back and forth until it’s buried deep into the sand.
Tilt it into the wind to keep it from blowing away and injuring someone.
Anchor the base of the pole with some form of anchor or weight.
Ensure the sand is packed well around the base.” (CPSC.gov)
Contact The Law Offices of David L. Hood for a Free Wrongful Death Consultation
If someone you care about has died due to someone else’s 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 wrongful death. 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, Wrongful Death 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!
*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.
Gavel on a law book, with a cyllindrical tube entitled Social Security Disability
Hiring a lawyer for Social Security Disability is a big decision that should not be taken lightly. There are some questions you will need to ask beforehand.
In South Carolina, most Social Security Disability claims take more than a year to resolve, and some claims drag on for nearly a decade. During that time, you’ll need to place a lot of trust in your Social Security Disability (SSD) lawyer.
Before you sign a lawyer’s fee agreement, you should take some time and evaluate their qualifications as well as their personality and temperament.
The following questions can help you identify whether an attorney is the right fit to handle your SSD claim.
Licensed Attorney?
Under Social Security rules, non-attorney representatives can handle SSD claims. However, many of these non-attorney reps have less training and knowledge than a licensed attorney. And unfortunately, many of them also tend to hide their lack of credentials and will charge the same fee structure as a licensed Social Security Disability lawyer.
Where Are Your Offices? Look for “Social Security Disability attorney near me”
Some national, high-volume Social Security firms advertise heavily on television and the internet. These national firms may try to maximize their profits by hiring less-experienced lawyers or non-attorney reps, cutting costs, and handling as many cases as possible. You should always be wary of big-box Social Security firms that are willing to handle out-of-state claims.
When your lawyer or representative’s office is far from your home, it can create lots of problems. First, travel expenses are something that few disabled people can afford while appealing a Social Security claim denial. Also, your long-distance lawyer might not visit your community frequently or at all, which means very little face-to-face time with the person who’s handling your claim.
Can I Deduct Attorney Fees for Social Security Disability? (Social Security Disability attorney fee limits)
The Social Security Administration (SSA) caps attorney fees at the hearing level. A lawyer can charge 25% of your past-due Social Security benefits, up to a maximum fee of $6,000, but that’s going up to $7,200 on November 30, 2022.
Most Social Security lawyers request direct payment from the Social Security Administration. If that’s the case and you win your claim, the Social Security Administration will deduct attorney fees from your benefits and send them directly to your lawyer, so you’ll never have to worry about it. However, your lawyer’s fee structure might change if your claim needs Social Security Appeals Council review in Virginia or even up to Federal Court.
Most Social Security lawyers and representatives also expect you to pay legal costs related to your claim, such as the price of medical records and consultative examinations. Different lawyers treat these legal costs differently. For example, some law firms will bill you for your costs whether you win or lose. Others, only if you win. So, it pays to ask!
Every SSD client has different needs and expectations. Some clients want frequent briefings on the status of their claim, while others just want occasional updates. Before you meet with a Social Security Disability lawyer, ask yourself how much guidance and information you will want or need.
Some lawyers are very accommodating with client meetings. Others — especially those who have high-volume practices — try to avoid them. So, your first face-to-face meeting with a high-volume lawyer might be minutes before your Social Security Disability hearing! Try to find a lawyer that balances efficiency with compassion. One who’s willing to meet with you when needed. However, keep in mind that in these days of COVID, a lot can be accomplished by Zoom, email & phone.
SSDI Hearing Question – Who Will Handle My Social Security Hearing?
Sometimes, Social Security firms — especially big ones — “bait and switch” their clients. You might meet with an experienced, senior lawyer at your initial appointment, only to find a young, inexperienced associate or even a non-attorney rep at your hearing.
While emergencies do happen and can provide a valid reason for a lawyer to delegate a hearing to someone else, it’s fair to ask a lawyer about how frequently he or she delegates hearings to other lawyers or representatives. If you’re not comfortable with the lawyer’s answer, don’t sign their fee agreement.
How Much Experience Do You Have with Social Security Claims?
Social Security claims are highly technical. A successful claim requires:
A detailed analysis of your medical records
Knowledge about Social Security laws and regulations
Experience presenting testimony to an Administrative Law Judge (ALJ)
The ability to cross-examine medical and vocational witnesses
If your lawyer doesn’t understand how your age, medical conditions, and work experience impact your claim, it will put you at a significant disadvantage.
Also, Administrative Law Judges (ALJs) have their own unique quirks. When you work with an experienced Social Security disability lawyer, he or she should try to tailor your claim to your ALJ’s preferences. For example, some ALJs rely heavily on residual functional capacity (RFC) forms, which explain your ability to perform specific activities. A missing RFC form might result in denied disability benefits.
Are You Familiar with My Medical Conditions?
Some medical conditions, such as degenerative disc disease and depression, are relatively common in SSD claims. Most Social Security Disability lawyers and judges understand these conditions, and they also understand the limitations of people who live with them.
However, if you have a relatively rare medical condition, the ALJ in your case might be unfamiliar with that condition, which means your claim might require a lot more development. For example, complicated claims, such as those involving systemic autoimmune disorders like lupus and rheumatoid arthritis (RA), can require your lawyer to sift through large volumes of medical records and interpret test results, then translate all this information for the ALJ.
What Is Your Approach to Social Security Claims?
Every Social Security lawyer has a different approach to filing and appealing claims. Disability lawyers have a wide array of tools available to them, including:
On-the-record requests: Rarely, a formal request asking for a decision without an ALJ hearing,
Expedited hearings: If you have a terminal illness, you might be eligible for a quicker hearing date
Opinions from your medical providers: Your lawyer may give you a form for your medical provider to fill out to use at your SSD hearing. They can be very effective.
An experienced Social Security Disability lawyer will use the appropriate tools for your case.
Do You Handle Appeals to the Social Security Appeals Council?
For instance, The Charleston, South Carolina Social Security Disability hearing office denies more than 40% of the claims it reviews. Sometimes, denials happen because Social Security ALJs make mistakes. While each level of a Social Security appeal becomes more challenging, your lawyer should always review your ALJ’s decision for appealable issues.
Some lawyers do not handle SSA Appeals Council claims. If your lawyer or non-attorney rep does not handle appeals, you might have a hard time hiring a new, qualified lawyer who will take your case. (Many Social Security Disability lawyers won’t take on an SSD claim if they didn’t handle the hearing.)
Your lawyer should carefully review an unfavorable decision and the facts of your case before deciding whether to appeal. Sometimes, a Request for Review by the Appeals Council is the best option. Other times, clients are better off refiling for benefits.
The Law Offices of David L. Hood: Representing Social Security Disability Applicants in Columbia, Florence, Sumter and throughout Georgetown and Horry Counties
Social Security Disability claims are highly technical, requiring extensive medical and legal knowledge. Without help from an experienced South Carolina Social Security Disability lawyer, you can easily make mistakes that lead to a denial of benefits. But even if your claim has already been denied, don’t give up hope. Social Security frequently denies legitimate disability claims, and most claims require an appeal to succeed.
At The Law Offices of David L. Hood, we fight for the rights of the disabled. If you are considering hiring a lawyer for Social Security Disability, schedule a free consultation with us today at no risk to you. We handle all SSD cases on a contingent fee basis, which means you won’t pay attorney’s fees unless we help you receive benefits. You can easily contact us by filling out our quick and easy online contact form, email us or by calling (843) 491-6025.
*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.
A mental hospital patient (South Carolina Department of Mental Health) died earlier this year by restraint death. Staff improperly restrained him, suffocating him to death.
Restraint Death
William Avant, a 35-year-old Georgetown native, had been a mental hospital patient at the G. Werber Bryan Psychiatric Hospital in Columbia, South Carolina for 12 years. Records show that he “had been diagnosed with Klinefelter syndrome, a chromosomal disorder that’s linked with anxiety, depression, learning disabilities and poor impulse control.” (Newsweek.com)
On January 22, 2019 staff tried to console Avant when he became agitated and started kicking a glass window. He then rushed toward a medication room and tried to push the door open. Staff members pushed him to the ground face-down, and The State reports that video shows seven staff members pinned Mr. Avant to the ground. “The four sitting on his arms and midsection didn’t get up until public safety officers arrived, four minutes later. When they turned Avant over, he was blue in the face and had no pulse. Staffers performed CPR but were unable to resuscitate him.” He was pronounced dead at Prisma Health Richland Hospital in Columbia.
Homicidal Asphyxia
Mr. Avant’s death was ruled a homicide by suffocation (homicidal asphyxia) by Richland County Coroner Gary Watts, who said the actions of the staff directly caused his death. The staff did not follow protocol for physical restraint. (CampusSafety.com)
An investigation by The State found that three of the staff “involved in the incident had not undergone adequate training on physically restraining a patient. The training manual for the South Carolina Department of Mental Health advises employees consistently monitor the breathing of any patient being restrained.” The manual says specifically: “Never lie across their head, neck, back or chest, as this may exert pressure to their chest and interfere with their breathing.” The manual also says patients should remain on their side, NOT in a position with their chest facing the floor.
This negligence on behalf of employees of the Department of Mental Health “raises questions about the management of employees, training and overall patient care.”
Physical Restraint Protocol
Anna Maria Darwin, at attorney for Protection and Advocacy for People with Disabilities said it is inexcusable that employees departed from the physical restraint protocol they were trained to follow. “I don’t understand that at all…If you knew better, and you should have known better–either it’s very poor judgment or you knowingly disregarded your training–you’re not appropriate to provide direct care to people, especially vulnerable adults.” (TheState.com)
Kimberly Tissot, Able SC Executive Director (Able SC provides independent living services to people with disabilities) said that physical restraints are highly controversial, and even dangerous when used on disabled individuals. “Mr. Avant’s death was completely preventable.”
Because of their actions in Avant’s death, several employees at Bryan Psychiatric Hospital were suspended, and the entire hospital staff was retrained. The Department’s policy on restraining patients was also revised to explicitly ban the kind of treatment Avant received.
According to his obituary, Avant “loved art and drawing for his friends and family. William was the life of the party and enjoyed performing card tricks and entertaining everyone, especially his nieces and nephews. He was a huge Garth Brooks fan and loved listening to his music. He was a gentle soul that will be missed by many.”
Contact the Law Offices of David L. Hood for a Free Wrongful Death Consultation
If someone you care about has died due to someone else’s 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 wrongful death. 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, wrongful death law firm of 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!
*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.
Severe Preeclampsia can cause brain-damage if left untreated. 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 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.
High Risk Obstetrics
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.
Preeclampsia Statistics
“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 Defined
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.
If untreated, preeclampsia can lead to serious, even fatal complications for the baby and/or for the mother. Severe preeclampsia can even cause brain-damage. However, it is highly treatable if caught early.
Preeclampsia Treatment
Quick actions need to be taken, including administering magnesium and delivering the baby by C-section (once the pregnancy is far enough along).
Experts advise treating preeclampsia with anti-hypertension drugs and magnesium at 160/110, to prevent seizures.
Signs of Preeclampsia
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, which can cause brain-damage. Treatment was still delayed.
At 1:56am, Roberts went into cardiac arrest. 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.
Severe Preeclampsia Complications
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”
Jodie Roberts can’t move, speak, or recognize her family. 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.”
Maternal Death 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.
South Carolina Maternal Death Rates
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 of 2019, 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 Preeclampsia Lawyer 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!
Labor and delivery hospitals in South Carolina do not rate well. Unfortunately, in a WalletHub list of “Best and Worst States to Have a Baby in 2022”, South Carolina has ranked one of the worst. SC also ranked near the bottom in the 2021 list (Best and Worst States to Have a Baby).
Where Does SC Rank for Labor and Delivery Hospitals?
In a list of all fifty states and the District of Columbia, South Carolina ranks 49th out of 51– only Mississippi and Alabama are worse. South Carolina’s labor and delivery hospitals also ranked 49th in 2021, which implies that there hasn’t been any improvement in this area. When ranking the states and the District of Columbia, WalletHub looked at four major categories:
Cost – SC ranked 46th
Health care – SC ranked 47th
Baby-friendliness – SC ranked 47th
Family-friendliness – SC ranked 49th
Each category has specific subcategories to make judgements more concrete, such as average cost of conventional-delivery charges, infant mortality rate, and child-care centers per capita. Each metric was scored 1 to 100, with number 100 providing the best care when it came to expectant mothers and newborn children. South Carolina scored consistently low in the four main categories.
Average Cost of Giving Birth
Childbirth can be very expensive, especially if there are any complications. The cost of having a child in a hospital also varies depending on whether the parent has insurance or not. In South Carolina, the average cost of labor and delivery without insurance is $17,684 as of 2020 (Cost of Giving Birth in US). However, the initial costs of having a baby aren’t the only things parents should worry about when it comes to raising a family. Access to healthcare, infant-care costs, and finding a pediatrician are also important to consider when choosing where to have a child.
Where Do Other Labor and Delivery Hospitals Rank?
South Carolina wasn’t the only southern state to do poorly on this list. According to the United States Census Bureau, the Southern region of the US consists of 16 states, making it the largest region in the US (South Region). The 16 states are: Alabama, Arkansas, Delaware, the District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia. Of the 16 states in the southern region, only the District of Columbia, Maryland, and Virginia were in the top half of the rankings.
The northeast region includes Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont. This region had the best scores out of the remaining four regions in the US. All the states, with the exception of Pennsylvania were in the top 15. Massachusetts, Vermont, and Rhode Island were the top 3.
Fertility Rate
From 2010 to 2020, the fertility rate in South Carolina has gone from 62.8 percent to 55.9 percent– an almost 7 percent decrease (Fertility Rate in SC). If the population is to grow and for people to feel safe having children in this state, there must be improvements made in this area of the healthcare industry. If not, the birth rate may continue to dwindle, leading to a decline in population and other complications.
What are Common Birth Injuries?
Contact The Law Offices of David L. Hood for a Free Birth Trauma Consult
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 birth 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, Birth Injury Lawyer 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!
Because pharmacists can get slammed with orders, prescription errors in pharmacy can occur. According to the University of Connecticut’s School of Pharmacy, out of all the prescriptions filled in the US 1-5 percent of them involve some kind of error. According to the same report published by the University of Connecticut, prescription labels with incorrect directions are the most frequent type of errors. Giving the wrong dosage for a medicine is the second most common error pharmacists can make.
Pharmacy Statistics
Amounting to a whopping 300.86 billion US dollars in sales in the year 2020, the pharmacy and drugstore industry in the US is big business. From the huge chain drugstores like CVS and Walgreens, to medical clinics, grocery stores, hospitals and nursing homes, prescription drugs are everywhere.
In the US, there are 88,000 pharmacies spread across various facilities including independent or privately-owned ones. The industry has become so huge that it employs about 149,000 on-staff pharmacists. Out of these pharmacists, 6,000 are actively licensed to serve in South Carolina. Due to the growing number of prescriptions, pharmacies are very busy places, where around 25 prescriptions are filled every hour.
Pharmacist Gives Wrong Medication
Receiving an erroneous prescription for the wrong drug from a pharmacy can be extremely dangerous. In fact, according to the US Food and Drug Administration (FDA), prescription errors in pharmacy cause around 1.3 million injuries every year and cause at least one wrongful death every day.
Certain medications have similar names, or have spellings that are almost the same. It is very easy for a busy pharmacist to pick up the wrong medication, especially if they are arranged alphabetically. Also, sometimes pharmacists can be inattentive and reach for the wrong dose of the same medication.
Reasons for Medical Errors
Besides the two most common reasons we discussed earlier, prescription errors can occur in other instances as well. Dispensing medication can be a complex process; therefore the pharmacist can make an error at any point in the process. These errors can be made when the pharmacist refills or dispenses your prescription. In the vast majority of cases, these errors are accidental:
The first on this list is unclear communication between the pharmacy and the consumer. If the pharmacist is not paying close attention while dispensing your medication, they may miss out on important information.
Secondly, ambiguous names and directions written in hard-to-read handwriting can cause the pharmacist to make an error. For example, if the doctor has used abbreviations that the pharmacists can’t decipher, there is a chance they may give you the wrong medication.
While these two reasons are more accidental, the third reason may put the dispensary at fault entirely. If the pharmacy hires an unprofessional, uncertified employee that lacks the right knowledge and training, it could mean that they consciously had the prescription filled by someone who was not authorized by law to do so.
One other type of error that can be made is the pharmacist missing a drug interaction from a new prescription. If the pharmacist misses out on the other prescriptions that the consumer is taking, he can dispense a drug that has adverse interactions. For example, if the pharmacist gives a decongestant to someone who has high blood pressure, it can cause their blood pressure to go even higher.
How to Prevent Medication Errors in Pharmacies
Prevention is preferred over treatment; therefore it is wise to try to avoid prescription errors in pharmacy in the first place. This way you won’t have to file a claim or sue the pharmacy for any damages later on. The main thing you can do to avoid this is to check your prescriptions right after you receive them from the pharmacist. Instead of leaving the pharmacy right away, take your time to check the labels and directions on the bottles and ensure that this information matches the doctor’s prescription.
We learned previously that dispensing the wrong medication to a customer is the biggest pharmacy error. You may accidentally get someone else’s bag with the wrong dosage and/or directions. This is why it is important that you check everything before leaving the pharmacy.
Something else you can do is talk to the pharmacist, and ask any questions that you might have about the medicine. In case you didn’t know, you have the right to a patient-pharmacist counseling session. You can ask about any side effects, interactions and other critical information. Don’t be afraid to be your own advocate. An ounce of prevention is worth a pound of cure!
Prescription Errors in Pharmacy – How to Prevent
Sometimes a pharmacy error can still occur and may potentially cause very serious harm to the patients’ health or death. If the pharmacist or other pharmacy staff failed to provide you with the correct prescription and follow the guidelines established by law, then they may have committed pharmacy malpractice. Some things that may qualify as malpractice are:
Filing the wrong medicine,
Dispensing the wrong dosage of medicine,
Ignoring the requirement of warning you against the side effects and interactions the drug might have,
Prescribing a mix of medicines that shouldn’t be taken together,
Not taking into account the patient’s medical history and previous prescription use.
Since these errors can happen in various ways and at different points in the process, lawsuits that follow them are also complicated and require the expertise of a pharmacy malpractice lawyer.
This is why you should not make the mistake of taking matters in your hands; keep the prescription safe as evidence for future litigation and get an attorney on board. You need the help of a professional who is knowledgeable about the drug prescription process, medical malpractice and pharmacy malpractice.
If you are the victim of pharmacy malpractice, you might be entitled to receive compensation to recover damages. Since the entire process will require a detailed analysis of accepted standards for the pharmacy field, you will need to work with an attorney who understands the complex rules and regulations which govern pharmacies and pharmacists. Your attorney should have the resources, access to experts and expertise to investigate your case and find the best solution for you and your families’ suffering.
Video: Can I Sue My Pharmacy for Giving Me the Wrong Medication?
The Law Offices of David L. Hood – Prescription Error Lawyer
Pharmacist errors can cause serious health problems and even result in death for many innocent patients. However, if the matter is handled expertly, those responsible for the damages can be held accountable. The Law Offices of David L. Hood and his co-counsel have experience in handling medication errors. With an understanding of the system, they utilize their network of medical experts and pharmacists to figure out the cause of the mistake and obtain (if possible) an expert opinion so a claim can be filed against those at fault.
If you have suffered at the hand of someone else’s negligence and incompetence, let us do whatever it takes to help you and your family get justice. We will fight until you get the compensation that you deserve.
If you or a loved-one has been a victim of pharmacy malpractice in South Carolina contact us for a free initial consultation. If you choose us to fight for your claim, we will work with you on a contingent-fee basis. So, you won’t owe us a fee unless we get a recovery for you! You can call us now at (843) 491-6025 or contact us at any of our offices in South Carolina here.
