December 2010 Archives

Officials in the Commonwealth of Kentucky are responding to an increase in reports of nursing home negligence and abuse across the state. Like in many states, too often allegations of abuse in nursing home facilities did not receive the attention and the follow-up that such serious allegations deserve.

To combat this issue, state officials have announced plans to begin issuing citations to nursing facilities anytime death or injury of a resident or patient occurs as a result of negligence or abuse. A group of investigative reports by a Kentucky newspaper revealed that often these citations did not receive proper follow-up and attention from authorities.

In previous years, only a handful of over 100 of these types of citations turned into prosecutions against the nursing facilities. Representatives for the state's Attorney General's office say that several of these citations were never received by the office. They also stated that public access to records of such citations was difficult to obtain.

Changes to Kentucky's handling of citations and reports of abuse came as a result of meetings between the state's governor and the secretary of the Cabinet for Health and Family Services. They discussed proper protocol in the investigation and prosecution of serious nursing home negligence complaints and allegations.

Meetings will be held regularly by the office who handles citations to ensure that processing of all citations is occurring and that investigations of such elder-abuse allegations are completed when necessary. The citations against nursing homes for abuse and neglect will now also be published online so that may be easily viewed by the general public.

Steps like these help tremendously in spreading awareness of the very serious issue of nursing home negligence in the United States. If you believe that a loved one is being abused or neglected in a nursing facility, contact the Law Offices of Dr. Bruce G. Fagel by phone at 1-800-541-9376 and schedule a free consultation. You can also visit our website at www.nursinghomenegligences.com.

Data from the recently-released 2008 Annual Summary of Vital Statistics shows that approximately 32 percent of all births in the year 2008 were Cesarean sections - one in every three births. According to the data, African American mothers are most likely to deliver children through C-sections.

The Annual Summary of Vital Statistics is a report released by the National Center for Health Statistics and the John Hopkins Bloomberg School of Public Health.

Many mothers as well as health care providers find that the rising number of C-sections is a cause for concern since vaginal births are usually much safer. Hospitals and their doctors who are concerned about medical malpractice often opt to use C-sections to deliver babies rather than risk complications from vaginal births.

The report also showed a lower number of preterm births in 2008, with that rate dropping 3 percent to 12.3 percent. The infant mortality rate also decreased by 2 percent according to data in the report.

Women trust their doctors' opinions and decisions when determining whether a vaginal birth or birth by C-Section is appropriate. Delivery mistakes can lead to birth injuries and other forms of medical malpractice.

Contact the Law Offices of Dr. Bruce G. Fagel & Associates if you have believe you have been the victim of medical malpractice. Call us for a free consultation at 1-800-541-9376, or visit our website at www.birthinjurydoctorlawyer.com.

The Austin (Minn.) Daily Herald reports that a second woman has been sentenced to 180 days in jail as well as two years of probation in a Minnesota nursing home abuse case.

This is the latest sentence of six women charged who were charged of abusing elderly residents at a Minnesota nursing home in 2008. Two of the accused were charged as adults, both receiving the same sentence, while four others who were under 18 at the time of the accusations were charged as juveniles for failing to report the abuse.

As a part of the most recent sentencing, the woman charged must complete eight days of community service for each of the three counts of disorderly conduct by a caregiver, which she pleaded guilty to back in October. A psychological assessment will also be completed and she will be required to submit formal letters of apologies to the families of those affected the nursing home abuse.

The charges and convictions came after Minnesota's Department of Health released a report in 2008 which concluded that abuse that was verbal, sexual, and emotional in nature had taken place against elderly residents in the nursing home.

According to testimonies during the trial, local law enforcement received information that staff at the nursing home had participated in abuse against several nursing home residents. This information was received from nursing home administrators, who asked local law enforcement officials whether the residents of the nursing home could be interviewed.

Law enforcement investigation as well as the investigation by the Minnesota Department of Health led to charges being brought against those alleged to be involved in abuse against residents of the nursing home.

Nursing home abuse is a very serious and alarming issue. If you or someone you know suspect neglect or abuse at a nursing home or assisted living facility, contact the Law Offices of Bruce G. Fagel by phone at 1-800-541-9376 or visit our website at www.nursinghomenegligences.com.

A jury awarded nearly $43 million dollars to a Kentucky family after their loved one died in a nursing home as a result of severe dehydration and other complications, according to Westlaw News & Insight.

The family of Joseph Clint Offutt, who was 92 at the time of his death in 2008, filed a wrongful death lawsuit against a Kentucky nursing facility. Offutt passed away in a hospital only two days after his release from the nursing home.

The family claims that though Offutt had a feeding tube, he suffered severe and dangerous dehydration at the facility. They believed that this was caused by nursing home neglect, and they noted in the suit that the neglect also resulted in bedsores, several infections, poor nutrition and ultimately his death.

Results from an investigation by the state of Kentucky's office of Adult Protective Services backed up Offutt's family's allegations of nursing home negligence.

The jury reached their verdict in November following a three-week trial in which they heard evidence in the case. During the trial, the jury also learned that the nursing home that was being accused of negligence by the plaintiffs was owned by one of the largest for-profit nursing care facilities in the country, which generated nearly $2 billion in profits during the year of the lawsuit.

Despite the company's profits, representatives for the company claim that the amount of the award in this case is too large and they plan to appeal.

Nursing home negligence is a fast-growing issue in the United States, and the results can be very devastating not only for senior citizens under nursing home care, but also for their families and loved ones as well. If you suspect that a loved one is being neglected or abused at a nursing home or assisted living facility, contact the Law Offices of Bruce G. Fagel by phone at 1-800-541-9376 or visit our website at www.nursinghomenegligences.com.

A Hawaii family recently reached a multi-million dollar settlement in a lawsuit after their child suffered a brain injury after delivery.

Lack of communication between doctors led to the botched delivery, lawyers for the Navy family alleged. Doctors determined that delivery needed to occur immediately due to signs of distress, but the doctors' limited communication led to the untimely delivery and attorneys claim several major medical errors were made by both doctors.

The delivery occurred in November 2005 at a hospital in Hawaii. Early fetal monitoring showed that the baby needed to be delivered immediately; however, almost an hour passed until the child was delivered.

Attorneys for the family alleged that doctors used a vacuum to deliver the child easily. After delivery, the umbilical cord was wrapped around the child's neck. An oxygen tube was inserted into the child's stomach rather than the lungs, with the tube remaining inside the baby's stomach for 40 minutes and causing brain damage to the child.

It was also alleged that errors made in removing the umbilical cord resulted in heavy bleeding - errors that resulted in requiring a blood transfusion for the infant.

The child's lack of oxygen following delivery led to brain damage that caused cerebral palsy. The now 4-year-old girl must receive 24/7 care.

Cerebral palsy is very often the result of medical malpractice. It affects families in many ways, but most significant is the cost of getting the care that someone who suffers from cerebral palsy so desperately needs. If you are looking for an attorney with decades of experience and success with these types of cases, contact The Law Offices of Dr. Bruce G. Fagel and Associates for a free consultation. Call 800/541-9376 or visit online at www.cerebralpalsydoctorlawyer.com.

A payment to lawyers who attempted to have a deceased infant included in Virginia's birth injury program was denied in a decision from the Virginia Workers' Compensation Commission.

The Virginia Birth-related Neurological Injury Compensation Program, which has been active since the late 1980s, is designed as an alternative to medical malpractice lawsuits. This decision may save the program several hundreds of thousands of dollars in the payment of fees to the legal representation of doctors, hospitals, and other healthcare providers.

The commissioner for the program found that paying fees for lawyers representing healthcare providers in birth injury cases did not support the purpose of the state's birth injury program.

The program can pay up to $100,000 to parents of infants who pass away shortly after birth, but inclusion in the program removed the ability to file multi-million dollar medical malpractice lawsuits. In this particular case, a healthcare provider attempted to admit a deceased child into the program.

The office of the attorney general for Virginia concluded that the program should not be used by healthcare providers to avoid medical malpractice liability, stating that healthcare providers should file on behalf of the infant only if it is in the best interest of the child and the child's family.

If you feel that you may have been a victim of malpractice, contact the Law Offices of Dr. Bruce G. Fagel & Associates about your potential case. Call us for a free consultation at 1-800-541-9376, or visit our website at www.fagellaw.com.

The Messenger Post reports that a New York state Supreme Court judge has approved a settlement in the case of an elderly woman who died at a Brighton, N.Y., nursing home.

The woman, named Gertrude Kash, filed the lawsuit three years before her death in March 2009. Kash's lawsuit claimed nursing home negligence against the Brighton-area rehabilitation facility.

Following a fall in her home in 2005 that left her with a concussion, Kash was admitted into the facility in 2006. Within three weeks of her admission into the facility, Kash was paralyzed from the chest down. Her family had only intended for Kash to stay in the rehabilitation facility for a few weeks, but her paralysis resulted in a longer stay.

Her care at the facility involved urinary catheterization, a process that she'd done at home before her admittance to the facility. In March 2006, a nurse allegedly failed to insert the catheter on one occasion, resulting in the need for Kash to get out of the bed several times during the night to use the restroom. No alarm was placed near Kash's bed although one had been requested. During one of the trips the restroom, she fell on her back into her own urine and suffered serious back pains.

Kash suffered another fall several nights later, resulting in even more severe pains. Pain medication was given to Kash after her second fall, although a CT scan had revealed a facture to the vertebrae. A medical doctor who was a friend of Kash's family came in to examine her, and it was determined that Kash had been paralyzed from the chest down and needed to seek immediate emergency care; but upon arrival to a hospital, damage to her spinal-cord was unable to be corrected.

The money in the settlement, for which the amount remains undisclosed, will be used to cover the cost of Kash's care. Some of the settlement will be going back to the county and to the reimbursement of Medicare, whose advantage insurance program covered expenses related to Kash's spinal-cord injury.

Following Kash's death, the lawsuit was continued by Kash's daughter along with Laurie Kash, the representative for Gertrude Kash's estate.

Negligence in nursing homes is a very serious and alarming issue. If you or someone you know suspect neglect or abuse at a nursing home or assisted living facility, contact the Law Offices of Bruce G. Fagel by phone at 1-800-541-9376 or visit our website at www.nursinghomenegligences.com

A wrongful death lawsuit filed against a Nevada nursing home by two women who claimed that their mother's death was due to nursing home negligence has been settled.

The lawsuit alleged that their mother, 87-year-old Dorothy Schweitzer, went without care from the nursing home for over three consecutive days. The nursing home was unable to produce documents showing that Schweitzer received any care between the dates of March 23, 2008, through March 27, 2008. Schweitzer died in March 2008 as a result of dehydration and other severe complications she suffered while at the nursing home.

Notes from the nursing home for the dates in which care for Schweitzer was initially undocumented were later produced. The notes claimed that she spent those days in her room at the nursing home "entertaining guests," and even stated that she was happy and full of laughter when in fact, she was actually dying in a hospital. More notes produced from the nursing home claimed that Schweitzer was being turned in her bed every two hours, but the date listed by the facility in which the bed-turning allegedly occurred was the day following Schweitzer's death.

According to an article from the Reno Gazette-Journal, the complaints from Schweitzer's daughters and the subsequent wrongful death lawsuit highlight a multitude of issues in the monitoring of nursing home care and the process of filing complaints. The article states that it is often difficult for families to receive prompt information regarding the conditions of their family members' care, and although many documentations are made about nursing home abuse and neglect, sanctions against these facilities are far and few between.

The daughters who filed the wrongful death lawsuit say that Schweitzer, who had Alzheimer's disease, was well-cared for during the first three years in the nursing home. But they say that her care changed in 2007. During visits to their mother in the nursing home, they noticed that despite having a closet full of clean, new clothes, their mother was constantly dressed in the same jogging suit. They also noted that during one visit, their mother had sores and bruises in various areas of her body, and she often smelled of urine.

In March 2008, Schweitzer was admitted to a hospital with a skin infection. During her time at the hospital, the doctor noticed sores on her body. The sores, which the nursing home had claimed were from a reaction to tape, were found by the doctor to be bedsores.

Schweitzer returned to the nursing home on March 6, 2008, and a fever was noted on March 18. According to the sisters, on March 27 their mother was rushed to a hospital. On the 28th of March, the sisters made the decision to remove their mother from life support. Nursing home documents claimed that Schweitzer had been turned in her bed on March 29, which was the day following her death.

The amount of the settlement in the lawsuit, which was settled in August, is confidential. Schweitzer's daughters are speaking out about the conditions their mother faced and hope to raise awareness about nursing home care, although the nursing home requested that the details of the case also be kept confidential.

Nursing home neglect is a serious and growing issue in the United States, and the results of neglect and abuse can be very devastating not only to seniors but to their families and loved ones as well. If you or someone you know suspect neglect or abuse at a nursing home or assisted living facility against a loved one, contact the Law Offices of Bruce G. Fagel by phone at 1-800-541-9376 or visit our website at www.nursinghomenegligences.com.

A family in the United Kingdom has been awarded £9 Million after one of their twin daughters suffered a brain injury during delivery.

The child now has cerebral palsy as a result of the birth injury, and her parents say that their now 8-year-old daughter, named Amy, requires care around the clock and will never be able to live an independent lifestyle.

Amy was born nearly 20 minutes after her twin sister, and that delay led to the brain damage. The compensation ensures that the parents will be able to afford the care that Amy will need for the rest of her life.

Medical malpractice often results in cerebral palsy. If you have been a victim of medical malpractice, contact the Law Offices of Dr. Bruce G. Fagel & Associates. Call us by phone at 1-800-541-9376 or visit our website at www.fagellaw.com.

An Ohio judge has refused to order a new trial in the case of a now 10-year-old girl who has cerebral palsy as a result of a birth injury.

Attorneys for the doctor claimed that the jury award in the medical malpractice case was excessive and that the verdict was influenced by sympathy and other emotions.

The jury awarded the girl and her family nearly $14 million after the family's attorney argued that delivery mistakes and improper care led to brain damage. The lawsuit claims that the doctor delivered the child vaginally when a cesarean should have been performed, with the vaginal birth resulting in oxygen deprivation and causing brain damage that led to cerebral palsy.

The development of cerebral palsy in newborns is often caused by medical malpractice. If you feel that you know someone who you believe has been a victim of medical malpractice, consider contacting the Law Offices of Dr. Bruce G. Fagel & Associates for a free consultation. Reach us by phone at 1-800-541-9376, or visit our website at www.cerebralpalsydoctorlawyer.com.

American Medical News recently published an article discussing premature births in the United States based on a November report from The March of Dimes, which found that nearly one of every eight newborns in the U.S. is born prematurely.

The report from the March of Dimes states that the current number of premature babies being delivered each year is too high, despite the fact that the rate has fallen over the past couple of years.

A preterm newborn is defined as a baby who is born anytime before 37 weeks of gestation. The report finds that many premature deliveries happen when doctors induce labor too early based on delivery date inaccuracies.

Premature delivery can lead to many complications such as cerebral palsy, and it is the leading cause of death in newborns.

Preterm delivery and any resulting health complications could be the result of medical malpractice. If you feel that you may have been a victim of malpractice, contact the Law Offices of Dr. Bruce G. Fagel & Associates about your potential case. Call us for a free consultation at 1-800-541-9376, or visit our website at www.fagellaw.com.

The UK's National Health Service trust will pay out £6 million after a drug given to a mother led to suffocation of her child during labor. The now 8-year-old child has cerebral palsy and other disabilities and must be cared for at all times.

During the mother's poorly-handled labor, an abnormal heartbeat was detected. Instead of continuing with the natural birth, a drug used to increase contraction strength was administered causing the suffocation.

The complications from this drug led to brain injury as a result of a lack of oxygen and blood supply to the child's brain. The injuries have complicated the child's intellectual capabilities as well as the use of his arms and legs.

Birth injuries are often the result of medical malpractice and can be extremely devastating not only for the child but for the child's family. If you are a victim of malpractice and are seeking legal recourse, contact the Law Offices of Dr. Bruce G. Fagel & Associates by phone at 800/541-9376 or visit our website at www.cerebralpalsydoctorlayer.com.

A Missouri man has filed a wrongful death lawsuit against a St. Louis area haunted house after his 15-year-old daughter died one year after visiting the haunted house.

The man claims that the haunted house failed to warn visitors about the heavy fog inside, which is a potential hazard for those with respiratory problems. The lawsuit states that in 2009 on the way home from visiting the haunted house, his daughter suffered an asthma attack which led to deprivation of oxygen to her brain. His daughter spent one year in a vegetative state and died in November.

Operators of the haunted house claim that three signs warned of the fog inside the attraction, and they believe that the teenager's death was not the result of the fog and other elements of the haunted house. The girl's father disagrees and his wrongful death attorney states the girl's asthma attack came shortly after her visit to the haunted house.

It will be very interesting to see how this wrongful death lawsuit plays out in court. The girl's mother has separately filed a lawsuit, and the parents say that their daughter's medical bills total over one million dollars. Wrongful death is a type of malpractice, and the results are both emotionally and financially devastating. If you are in need of a wrongful death attorney, consider the Law Offices of Dr. Bruce G. Fagel & Associates. For a free consultation, contact us at 800/541-9376 or visit our website at www.fagellaw.com.

A settlement has been reached in a medical malpractice lawsuit filed by a Tennessee army wife against a hospital in Fort Campbell, Tenn.

The plaintiff gave birth to her child at Blanchfield Army Community Hospital located in Fort Campbell. The lawsuit alleged that her child developed cerebral palsy due to oxygen deprivation to the child during delivery.

According to the suit, a midwife suggested during delivery that the plaintiff's child should be delivered through cesarean section, but the doctor, who was not a part of the hospital's regular staff, instructed the plaintiff to continue pushing. As a result of the delayed cesarean section, the child was deprived of oxygen which caused her to develop cerebral palsy.

The plaintiff plans to use money from the multi-million dollar settlement to pay for medical equipment and care as well as purchase a larger home that is wheel chair accessible.

Cerebral palsy is very often the result of medical malpractice. It affects families in many ways, but most significant is the cost of getting the care that someone who suffers from cerebral palsy so desperately needs. If you are looking for an attorney with decades of experience and success with these types of cases, contact The Law Offices of Dr. Bruce G. Fagel and Associates for a free consultation. Call 800/541-9376 or visit online at www.cerebralpalsydoctorlawyer.com.

A recent article in the Free Lance-Star of Fredericksburg, Va., reports on how a combination of differening opinions as well as outright fear can affect how a woman chooses to deliver her child.

In the article, a mother explains how she planned to deliver her first child at home, but due to unexpected complications, the mother was taken by ambulance to a local hospital where her child had to be delivered by cesarean section.

When the mother became pregnant with her second child, she decided to have the child through vaginal birth -- a decision many doctors will not support after a woman has already delivered a child once through c-section due to the risk of birth injury which can lead to a medical malpractice lawsuit.

If you need representation for a medical malpractice lawsuit, you should contact The Law Offices of Dr. Bruce G. Fagel and Associates. Medical malpractice is the only type of case handled at the firm. Call 800/541-9376 or visit online at www.fagellaw.com.

A recent research study has concluded that brain inflammation in the early stages of life could increase the risk of drug addiction as an adult.

The study, presented at the Neuroscience 2010 meeting in San Diego, found that rats used in testing who were exposed to toxins that trigger inflammation were often likely to display addictive-like behavior when given doses of methamphetamine. Adult rats exhibitied this type of addictive behavior even when the exposure to inflammatory-inducing toxins occurred during the early stages of development.

Brain inflammation in children can be mild, and mild cases of inflammation may risk going undetected. More severe cases of inflammation could lead to more serious damage, with one of the top risks being pediatric meningitis, an inflammation that could lead to brain injury.

Failure to diagnose meningitis could be grounds for medical malpractice. If you feel that you have been a victim of malpractice, contact the Law Offices of Dr. Bruce G. Fagel & Associates by phone at 800/541-9376 or visit us online at www.medicalmalpracticedoctorlawyer.com.

The Fresno Bee reports that a hospital in California's central valley has just installed a cooling blanket technology in order to prevent brain injury to newborns who have been deprived of oxygen.

This technology cools the entire body of a new born, reducing the risk of brain injuries at birth that may lead to neurological disorders and cerebral palsy. Though the idea of using cooling technology to prevent brain injury is not a new one, Children's Hospital Central California is the first hospital in the central valley to use full-body cooling blankets.

Studies show that cooling greatly benefits newborns who have a lack of oxygen. This deprivation of oxygen to the brain leads to brain swelling, which severely reduces blood supply putting the child at risk for brain injury as well as possible damage to the child's liver or kidneys. Permanent injury to the child's brain and other organs becomes possible after several hours of oxygen deprivation, which is why when introduced soon after delivery, cooling therapy greatly reduces those risks.

Though techonology such as cooling blanket therapy greatly reduces the risk of brain injury at birth, birth injury as a result of medical malpractice can be devastating to children and their families. If you feel that you have been a victim of medical malpractice, contact the Law Offices of Dr. Bruce G. Fagel & Associates by phone at 800/541-9376 or visit us online at www.birthinjurydoctorlawyer.com.

The Park Ridge Herald-Advocate reports that a $6.5 million settlement has been reached in the case of a young girl who suffered a brain injury during birth which resulted in cerebral palsy.

Denice Cisneros went into labor with her first child on Sept. 26, 2000 at Advocate Lutheran General Hospital, when a family practictioner and nurse failed to determine the presentation of the baby's head and failed to diagnose cephalic pelvic disproportion.

Cisneros' child suffered oxygen deprivation to the brain during the delivery, causing complications that led to cerebral palsy and mental retardation.

Cisneros' daughter, who is now 10 years old, has difficulty walking and must be assisted when bathing and dressing as a result of her birth injuries. She must use an oversized stroller when travelling outside, and the use of a wheeled assistive device is expected to be required throughout her adolescence. According to the settlement, ongoing care and treatment will be provided throughout the young girl's lifetime.

Unfortunately, cerebral palsy is often the result of medical malpractice. It is costly for someone who suffers from it to receive the treatment they so desperately need. If you or someone you know is seeking legal recourse, call The Law Offices of Dr. Bruce G. Fagel and Associates for a free consultation. Contact the offices at 800/541-9376 or visit online at www.fagellaw.com.