According to a recently published study, over the past decade, there has been a dearth of funding aimed at improving the care patients receive during outpatient visits. This is especially important, because ambulatory care patient visits outnumber hospital admissions by 300 to 1. Despite these numbers, over 50% of all medical malpractice settlements are for adverse events that occurred in outpatient (office) settings. What’s more, over 65% of those cases involved “major” injuries or death.

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Outpatient Care Errors – Why More Must Be Done
To Prevent Them
Posted on January 11, 2012 by Seth
According to a recently published study, over the past decade, there has been
a dearth of funding aimed at improving the care patients receive during
outpatient visits. This is especially important, because ambulatory care
patient visits outnumber hospital admissions by 300 to 1. Despite these
numbers, over 50% of all medical malpractice settlements are for adverse
events that occurred in outpatient (office) settings. What’s more, over 65% of
those cases involved “major” injuries or death.
According to the American Medical Association’s Center for Patient Safety,
the most common errors committed in outpatient or office settings include
incorrect prescribing of medications, misdiagnoses, failing to report test
results, and poor communication. (For example, according to a 2009 study
published in the Archives of Internal Medicine, office-based physicians failed
to follow up on clinically meaningful test results almost 8% of the time.) The
AMA’s website quoted Matthew K. Wynia, M.D., M.P.H. as saying that
missed test results “should never happen.” Dr. Wynia further stated, “You
ordered the test. Why did you order the test if you weren’t going to do
something with the result? It’s almost like a never event. If you’re going to
order the test, then what you’re going to do with the result needs to be clear.”
In the Journal of the American Medical Association‘s December 14, 2011
issue, a commentary co-authored by Dr. Wynia concluded that more research
must be performed to determine why so many errors are committed in
outpatient-based settings, and the total number of mistakes that have
occurred. To date, no definitive studies have been performed to determine the
number of preventable mistakes committed in outpatient settings. However,
according to a 1999 study, as many as 98,000 Americans die every year in
hospital settings due to malpractice. One can only assume that based upon
the disparity between the number of office visits and hospital admissions, the
number of Americans who die annually from medical mistakes committed in
outpatient settings may be as high as 250,000. The AMA website also
quoted David C. Classen, M.D., who co-authored the aforementioned
commentary with Dr. Wynie, as saying, “Nailing down the incidence [of
outpatient care errors] is the only way you can measure whether all these
interventions are really leading to any improvements. There are a lot of
evangelical beliefs in patient safety – that if we just do this, it will get better.
But it won’t get better if we don’t have any reliable way to measure.”
The AMA should be congratulated on recognizing that more must be done to
improve the care patients receive in outpatient settings. However, before any
meaningful steps can be made, there must be adequate funding to study why
so errors are being committed, and what healthcare providers can do to
prevent making those errors again and again.
Read more about the issue of ambulatory care errors on the AMA
website: http://www.ama-assn.org/amednews/2012/01/09/prl10109.htm
The full text of Drs. Wynie and Classen’s recent commentary can be found
here: http://jama.ama-assn.org/content/306/22/2504.extract
Posted in Medical Malpractice | Tagged louisville medical malpractice attorney,
medical errors, medical malpractice, patients rights | Comments Off
Say It Ain’t So – Another State Legislature To
Consider Limiting Emergency Medicine Providers’
Liability
Posted on January 9, 2012 by Seth
In November 2011, I blogged about the Ohio Legislature’s efforts to limit
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2. emergency medicine physicians’ liability for committing medical mistakes. If
passed, Ohio SB 129 would shield doctors, physician extenders (such as
physicians’ assistants and nurse practitioners), dentists, optometrists, and
nurses from liability, so long as they are providing care for an “emergency
medical condition” as defined by the federal Emergency Medical Treatment
and Active Labor Act (“EMTALA”), or acting as a result of a disaster, and are
not engaged in willful misconduct. Now, Florida is considering a similar bill
capping emergency medicine physicians’ liability.
On Thursday, January 5, 2012, Senator John Thrasher (R. – St. Augustine),
introduced SB 1506, a bill that would make emergency medicine providers
state agents, thus entitling them to sovereign immunity. By doing so,
emergency medicine physicians’ liability for committing medical errors would
be capped at $200,000.00. (In those cases where a jury awards more a
medical malpractice victim more than $200,000.00, SB 1506 would require the
victim to seek the remainder of the damages directly from the Florida
Legislature. However, as we know, the current Florida Governor is a
Republican, and Republicans control both chambers of the Florida Legislature.
Thus, the chances of a Republican-controlled Legislature awarding medical
malpractice victims anything above the proposed $200,000.00 damages cap is
a long-shot, at best.)
Additionally, SB 1506 would drastically change the burden of proof in medical
negligence cases against emergency medical providers. If passed, SB 1506
would require medical malpractice plaintiffs to prove by “clear and
convincing evidence that the alleged actions of the health care provider
represent a breach of the prevailing professional standard of care in an action
for damages based on death or personal injury which alleges that the death or
injury resulted from the failure of a health care provider to order, perform, or
administer supplemental diagnostic tests.”
Finally, SB 1506 would allow emergency medicine providers’ defense
attorneys to conduct ex parte interviews with medical malpractice plaintiffs’
prior and subsequent treating physicians. In other words, if passed, SB 1506
would allow a defense attorney to interview a plaintiff’s physicians without first
giving notice to the plaintiff that such an interview was going to be conducted.
Senator Thrasher rationalized this draconian legislation, upon the grounds
that emergency room doctors must provide certain basic care and treatment
to every person who presents to the ER, and because emergency medicine
providers are prohibited from turning away patients, their malpractice
insurance premiums are expensive. At the same time, however, Senator
Thrasher’s proposed bill needlessly limits medical malpractice victims’ access
to justice, and their right to fair and just compensation.
If you, a loved one, or a friend lives in Florida, I strongly urge you to call your
State Senator and Representatives, and voice your opposition to SB 1506.
By doing so, you can help ensure that the medical care and treatment people
receive in their local ER is appropriate. Otherwise, SB 1506 may give
emergency medicine providers no incentives to actually improve the care that
they render.
Read more about SB 1506 here:
http://www.jaxdailyrecord.com/showstory.php?Story_id=535351
Read SB 1506′s entire text here:
http://www.flsenate.gov/Session/Bill/2012/1506/BillText/Filed/PDF
Read my previous post regarding Ohio’s efforts to limit medical malpractice
victims’ rights here:
http://commonwealthinjury.com/blog/2011/11/17/medical-malpractice-
louisville-ohio-legislature-considering-bill-that-would-severely-limit-medica-
malpractice-victims%E2%80%99-right/
Posted in Medical Malpractice | Tagged emergency medicine, louisville medical
malpractice attorney, medical malpractice, patients rights | 1 Comment
Smartphones – Is Your Doctor Being Distracted By
An Incoming Text or Email When Rendering
Treatment?
Posted on January 5, 2012 by Seth

3. We all know that texting while driving is extremely dangerous, and that doing
so can cause fatal accidents. However, the dangers associated with
smartphones are not only limited to driving. According to a recent article
published on the American Medical Association’s website, an increasing
number of our healthcare providers are using their smartphones while
performing procedures, or rendering medical care and treatment. Moreover,
there is anecdotal evidence suggesting that doing so has resulted in
preventable medical errors and harm, and that the distractions smartphones
cause may worsen the care patients receive.
The article’s author notes that 80% of all physicians currently in practice carry
smartphones, such as an iPhone or Android. Additionally, approximately 33%
of currently practicing physicians and other healthcare providers use tablet
computers, such as the iPad, when rendering care and treatment.
Unfortunately, these now-ubiquitous devices bombard people with information,
and often cause distractions when an incoming email or text message is
received.
According to an August 2011 study published in the Journal of Medical
Internet Research, physicians are interrupted approximately five times each
hour by telephone calls, emails, and interpersonal interactions. Furthermore,
a recent study published in the Archives of Internal Medicine concluded that
when nurses are interrupted while preparing or administering medications, the
chances of a procedural or clinical error increase 12%. What’s scarier is that
a 2010 survey demonstrated that over 50% of perfusionists use their
smartphones while delivering patient care, including cardiopulmonary
bypasses. Of the respondents, 21% stated that they checked email, 15%
surfed the Internet, and 3% posted to social networking sites, such as
Facebook, while performing procedures.
The AMA articles also discussed the frightening case of one medical
professional who became distracted when answering a text. As a result, one
of the provider’s patients was severely injured. In that instance, a 56 year-old
patient who had been admitted to an teaching hospital needed to have his
gastrostomy tube (G-tube) replaced. Before it could be replaced, however, his
blood thinners needed to be stopped. The physician thus instructed the
resident rounding with him to issue a stop order. The resident began entering
the stop order via her smartphone, which could access the hospital’s
computerized physician order entry system. However, before completing the
order, the resident received a text from a friend, who asked if the resident was
attending an upcoming party. The resident answered her friend’s text, but
forgot to complete entering the order to stop the patient’s blood
thinners.
As a result of the resident’s failure to issue the stop order, the patient
erroneously received blood thinners, and subsequently developed shortness of
breath, an increased heart rate, and low blood pressure. The patient required
open-heart surgery to remove the blood accumulating in the pericardium,
which is the sac surrounding the heart. The patient’s medical team ultimately
concluded that the resident’s failure to issue the stop order caused the
excessive bleeding, and the resulting need for open-heart surgery. The AMA
article quoted John Halamka, M.D., M.S., the author who reported this
unfortunate, but preventable, situation, as saying “Cognitive psychologists who
said that no matter how well-trained [doctors] are, it is still better to complete
a task than to try to engage in parallel tasks.”
The advent of smartphones has made communicating much easier. However,
the distractions they cause may result in devastating consequences. The
medical establishment must institute far-reaching, comprehensive policies and
procedures to limit the problems that smartphone distractions may cause. If
it fails to do so, patients may be subjected to life-changing harm, and forced
to endure horrific consequences.
Read the entire article from the AMA website here:
http://www.ama-assn.org/amednews/2012/01/02/prl10102.htm
You can also read Dr. Halamka’s case study here:
http://www.webmm.ahrq.gov/case.aspx?caseID=257
Posted in Medical Malpractice | Tagged electronic medical records, louisville
medical malpractice attorney, medical errors, medical malpractice | Comments Off
Rogue Physicians – Healthcare’s Growing Problem
Posted on December 8, 2011 by Seth

4. A recent article published in Claims Journal described how “rogue” physicians
are becoming an increasing problem. In the article, Linda E. Jones, a
healthcare consultant from Baltimore, Maryland, defined a “rogue” physician
as one “who may be having problems not doing things legally or ethically.”
Ms. Jones further stated, “It’s really a behavioral problem.” The article’s
author also quoted Ms. Jones as saying, “We do hear more and more issues
of physicians [being involved in] illegal or unethical activity.”
Examples of rogue behavior may include patient complaints or grievances,
disruptive behavior, sexual misconduct, Medicare or health insurance fraud,
and committing criminal acts. For example, in late 2010, a Crestwood,
Kentucky woman accused her primary care physician of sexually assaulting
her while performing a physical examination. Of course, physicians and
other healthcare providers should never commit these heinous acts.
Unfortunately, however, when a doctor or other healthcare provider commits
one of these despicable acts, the doctor’s medical malpractice insurance
policy may not provide coverage. That could result in medical malpractice
victims having little or no recourse against the physicians who injured them.
What’s even more troubling is that a public advocacy group, The Public
Citizen, recently reviewed information contained in the National Practitioner
Data Bank, and found that 55% of physicians who have had their practice
privileges revoked never faced any state disciplinary or licensing actions for
their improper conduct. The Claims Journal article quoted Dr. Sidney Wolfe,
director of Public Citizen’s Health Research Group, as saying “One of two
things is happening, and either is alarming. Either state medical boards are
receiving this disturbing information from hospital but not acting upon it, or
much less likely, they are not receiving the information at all. Something is
broken and needs to be fixed.”
The aforementioned article discussed one way for medical malpractice victims
to possibly recover for acts which may not be covered by malpractice
insurance – bringing a negligent credentialing claim. A negligent credentialing
claim may arise when a hospital or medical practice knows about a particular
physician’s prior bad acts, but still elects to give him or her practice privileges,
and the physician’s actions then injure a patient. Under this theory, a medical
malpractice victim may be able to recover against a hospital or medical
practice, even though he or she is unable to recover agains the physician
directly. Thankfully, just this past year, in Burton v. Trover Clinic, 2011 Ky.
App. LEXIS 94 (June 10, 2011), the Kentucky Court of Appeals formally
recognized that negligent credentialing is a viable cause of action in the
Commonwealth.
If you believe that you or a loved one may be a medical malpractice victim,
contact Kentucky medical malpractice attorney, Seth Gladstein. You may call
Seth and Gladstein Law Firm at 502-855-4177, or toll free 800-991-0474. You
may also email Seth – Seth@CommonwealthInjury.com.
Read more about this problem in the current issue of Claims
Journal: http://www.claimsjournal.com/news/national/2011/12/06/196308.htm
You can also read the Kentucky Court of Appeals opinion in Burton v. Trover
Clinic here: http://opinions.kycourts.net/coa/2009-CA-001595.pdf
Posted in Medical Malpractice | Tagged louisville medical malpractice attorney,
medical malpractice, negligent credentialing, patients rights | Comments Off
Government Inspectors Testify That Nursing
Homes Need To Stop Over-Prescribing
Antipsychotics
Posted on December 1, 2011 by Seth
On Wednesday, November 30, 2011, the United States Senate held important
hearings on the issue of elderly nursing home residents being improperly
prescribed antipsychotics for dementia. According to the federal Department
of Health and Human Services, almost 15% of all nursing home residents in
the United States are currently taking antipsychotic medications, such as
Seroquel and Zyprexa.
Typically, physicians prescribe antipsychotics for people suffering
hallucinations, delusions, and other abnormal behavior associated with
schizophrenia or bipolar disorder. However, in the nursing home setting,
many physicians prescribe our loved ones antipsychotics simply to reduce
agitation and aggressive behavior, which can be associated with dementia.
The scary issue with so many seniors taking antipsychotics is that the FDA
has never approved their efficacy for treating dementia. In fact, many
antipsychotic medications’ labels specifically warn against using those
medications to treat dementia. Moreover, clinical research has revealed
that drugs like Seroquel and Zyprexa can result in increased blood glucose or

5. cholesterol levels, thereby causing diabetes or coronary artery disease.
It is not uncommon for physicians to use a medication “off-label,” which
means prescribing it for a purpose that the FDA has not approved. However,
in the case of antipsychotics, several drug manufacturers have recently paid
substantial fines for specifically marketing antipsychotic drugs to physicians,
and encouraging their off-label use. Such marketing tactics are illegal. For
example, one pharmaceutical manufacturer, Eli Lilly & Co., paid over
$1,400,000,000.00 in federal fines, after its representatives encouraged to
physicians to prescribe dementia patients 5mg of its product, so as to
promote a good night’s sleep.
Additionally, federal and state nursing home regulations prohibit nursing home
residents from being unnecessarily restrained. Those regulations specifically
state that a person can be restrained either physically (for example, via bed
rails or wrist restraints) or chemically. The over-prescribing of antipsychotics
raises the issue of whether the people charged with tending to our seniors
would simply prefer to prescribe medication, and hope that patients’
problematic behavior stops, rather than treating the underlying medical and
psychiatric issues head-on. Another pharmaceutical company paid
$600,000,000.00 for improperly promoting antipsychotics for dementia
patients.
When testifying before the Senate earlier this week, Department of Health and
Human Services’ Inspector General, Daniel Levinson, recommended that
Medicare force nursing homes to pay for drugs that have prescribed
inappropriately. Mr. Levinson also suggested that Medicare potentially bar
nursing homes that don’t use antipsychotics appropriately.
The over-prescribing of medications to nursing home residents is a practice
that must stop now. It does not improve nursing home residents’ quality of
life. In fact, clinical research has shown that it does the exact opposite, and
places our loved ones at risk of injury or death.
If you suspect that you or a loved one has suffered from any form of nursing
home malpractice, neglect, or abuse, please contact Kentucky nursing home
abuse attorney, Seth Gladstein, for a free consultation. A Louisville, Kentucky
attorney, Seth has the experience to help properly and thoroughly investigate
a nursing home negligence, malpractice, or abuse claim, and determine
whether you may possibly recover monetary damages. By calling, you can
help make nursing home facilities safer for you, your loved ones, and other
residents. Seth can be reached at (502) 855-4177, or toll-free at 800-991-
0474. You may also email Seth at Seth@CommonwealthInjury.com right now.
Read more about the Senate’s hearing here: http://www.c-
span.org/Events/Senators-Hear-About-Overuse-of-Antipsychotic-Drugs-in-
Nursing-Homes/10737425900/
and
http://www.google.com/hostednews/ap/article/ALeqM5hXmcjOaU9OHDvr__4TaNkn2JqrWA?
docId=bc5eadf69c194afd9253981d5263077f
Posted in Medical Malpractice, Nursing Home Abuse | Tagged elder abuse,
louisville medical malpractice attorney, medical errors, medical malpractice,
nursing home abuse, nursing home neglect, patients rights | Comments Off
The Federal Government Needs To Follow Illinois’
Lead, and Make All Physician Background
Information Open To The Public
Posted on November 30, 2011 by Seth
A few weeks ago, I wrote about how the federal government temporarily took
the National Practitioners Data Bank (“NPDB”) offline in September 2011, and
then subsequently placed new rules on how the public can use the information
contained on the database after it was relaunched. The NPDB is a federally-
maintained database that compiles medical malpractice payouts, hospital
discipline and regulatory sanctions against physicians and other healthcare
providers. However, the NPDB does not mention offenders by name. Instead,
it simply assigns a number to each malpractice payout, or adverse
disciplinary action, listed. The new rules that recently took effect now prohibit
members of the public from using any information contained in the NPDB to
identify any physician by name.
In mid-October, Illinois’ Department of Financial and Professional Regulation
recently launched a website, which lists those active Illinois physicians who
have paid a medical malpractice judgment or settlement within the previous
five year. However, unlike the NPDB, the Illinois website, www.idfpr.com,

6. identifies doctors by name! The Illinois site also lists whether physicians
have been fired, had disciplinary actions against them, or been convicted of a
felony or class A misdemeanor. Since launching less than two months ago,
the Illinois site has had almost 750,000 hits. This fact demonstrates that
Illinois residents want to learn as much as possible about their treating
physicians, including whether they have a history of medical malpractice
payouts.
Please note that the Illinois site is still working out some kinks. For example,
approximately 15% of active Illinois physicians have not signed off on their
public profiles listed on the www.idfpr.com site. Additionally, Illinois officials
have encountered problems obtaining criminal histories for some healthcare
providers. A recent Chicago Tribune article described how one Illinois
chiropractor failed to include his conviction for patient battery, and, as a result,
that critical information was not initially included on the www.idfpr.com site.
The aforementioned Chicago Tribune article quoted Sue Hofer, spokeswoman
for the Illinois Department of Financial and Professional Regulation, as saying
that officials are “really pleased with all the interest” the new website has
garnered. However, some Illinois politicians rightly point out that the site
should contain even more information. For example, State Rep. Mary Flowers
(D – Chicago), one of the Patients’ Right to Know Act’s sponsors, would like
the public profiles to include medical malpractice payments, firings, and
criminal convictions going back ten years. In fact, she is going to introduce
legislation early next year to change the applicable regulations, and allow
information for the previous ten years to be posted on the site.
Although the Illinois physician background information website is imperfect, it
is nonetheless a fantastic starting point. If politicians in states other than
Illinois are really concerned with improving patient care, they would remove the
shackles, and allow the public unfettered access to all healthcare providers’
background information. The federal government, and all state legislatures,
should follow Illinois’ lead by establishing similar websites to inform the public
about dangerous doctors.
Read my original post about the NPDB here:
http://commonwealthinjury.com/blog/2011/11/11/louisville-kentucky-medical-
malpractice-attorney-the-national-practitioner-databank-should-be-open-to-
everyone-no-strings-attached/
Also, more information about the NPDB can be found here:
http://www.healthjournalism.org/blog/2011/11/agency-re-posts-national-
practitioner-data-bank-file-but-restrictions-draw-fire/
Read the Chicago Tribune article here:
http://www.chicagotribune.com/health/ct-met-doctor-profiles-
20111127,0,5169338.story
Posted in Medical Malpractice | Tagged louisville medical malpractice attorney,
medical errors, medical malpractice, patients rights | Comments Off
The Libertarian Arguments Against Medical
Malpractice Damages Caps
Posted on November 28, 2011 by Seth
In a November 23, 2011 Huffington Post editorial, Shirley Svorny, a Professor
of Economics at California State University – Northridge, provided another
reason why the federal government should not impose damages caps in
medical malpractice cases. Professor Svorny concluded that capping
medical malpractice victims’ ability to recover monetary damages from
negligent providers “would reduce medical professional liability insurers’
financial incentives to reduce practice risk.” Professor Svorny’s editorial is
important, because she is an adjunct professor at the Cato Institute, a
libertarian think tank that typically supports Reublican causes. As most
readers know, congressional Republicans are the most vocal supporters of
limiting victims’ access to the judicial system, and capping damage awards.
According to Professor Svorny, “Much of the protection consumers have
against irresponsible and negligent behavior on the part of health care
providers hinges on oversight and incentives created by the medical
professional liability insurance industry. A nationwide shift to caps could result
in more cases of negligence and substandard care.” She explains that
instituting damages caps would actually reward negligent physicians,
because they would end up paying the same malpractice premiums as those
physicians who have never been sued. As it stands now, physicians who
have paid at least one jury verdict or settlement usually pay much higher
malpractice insurance premiums. In fact, some doctors and other healthcare
providers who have paid multiple malpractice claims are unable to get practice

7. privileges at certain institutions. That, in itself, keeps dangerous doctors from
harming other patients.
Additionally, Professor Svorny argues that capping medical malpractice
damage awards would result in malpractice insurers discontinuing incentives
that encourage safe practice habits. For example, some medical liability
insurance companies will only provide coverage for doctors with spotless
records. Furthermore, almost all insurance companies reduce premiums for
those physicians who regularly attend seminars, or take courses, aimed at
enhancing patient safety.
Professor Svorny’s editorial is one of the best arguments I have read about the
contentious issue of limiting medical malpractice victims’ rights. She clearly
explains that our current system is not completely broken, as many people
would like you to believe. Moreover, we often hear that the government should
not be meddling in our everyday lives by implementing regulations, and that
the “markets should works themselves out.” The current system does just
that. However, if the current Republican congress were to enact the draconian
damages caps like those already in effect in states such as Texas, it would
be doing exactly what it is making everyone afraid of – having the government,
and not the markets, make the “best” decision for you.
Read Professor Svorny’s entire editorial here:
http://www.huffingtonpost.com/shirley-svorny/medical-malpractice-
caps_b_1110097.html
If you believe that you or a loved one may be a medical malpractice victim,
contact Kentucky medical malpractice attorney, Seth Gladstein. You may call
Seth and Gladstein Law Firm at 502-855-4177, or toll free 800-991-0474. You
may also email him at Seth@CommonwealthInjury.com.
Posted in Medical Malpractice | Tagged louisville medical malpractice attorney,
medical errors, medical malpractice, patients rights | Comments Off
How Georgia’s Peer Review Statute Harms The
Public
Posted on November 21, 2011 by Seth
Sunday’s edition of the Atlanta Journal-Constitution contained a piece about
the suicide of a 27 year-old man who had been admitted to a Georgia
psychiatric hospital. The article’s author used that tragic event to illustrate
how Georgia’s peer review statute will virtually prevent any public investigation
into the man’s death, and how the statute negatively affects that state’s entire
medical system.
In most states, laws provide confidentiality and legal immunity to those who
participate in medical peer review. Peer reviews typically occur after there has
been an adverse event or patient care error, or when a medical professional
raises concerns about a colleague’s ability to safely and competently practice
medicine. However, Georgia’s peer review law is so restrictive that it prevents
the public from learning all but the most vague investigation results. For
example, in Georgia, public citizens cannot review investigative reports into
surgical errors, patient suicides, and other preventable medical mistakes.
Moreover, even if Georgia state investigators determine that a hospital or other
healthcare provider violated a particular regulation, what little information
available to the public is extremely vague. Additionally, at no time can the
public learn the specific details of a particular peer review investigation, even
though the Georgia Department of Community Health has an online database
of hospital inspections, and hospitals are legally required to report adverse
events.
According to the law’s proponents, keeping the results of peer review
investigation secret “promotes ‘candor’ among medical professional that helps
. . . correct mistakes.” Not surprisingly, many physicians and other
healthcare providers also support Georgia’s ironclad peer review law, because
it shields them from being held accountable for committing mistakes. For
example, the article quoted Temple Sellers, the Georgia Hospital
Association’s general counsel, as saying, “People are reluctant to speak out if
they are going to be blamed.” In a recent statement, the Georgia Department
of Community Health reiterated that view, and actually posited that being
tightlipped about investigations into poor patient care, as well as limiting
negligent providers’ liability, will “result[] in overall higher patient care.”
The article’s author rightly concluded that Georgia’s peer review statute, and
the resulting lack of publicly available information, “leaves medical consumers
with no systematic way of learning whether a particular hospital has a history
of complaints that might signal a pattern of inadequate care.” The secrecy
surrounding peer review investigations in Georgia “also prevents taxpayers
from assessing the quality of state investigations into medical errors.”

8. Thankfully, courts have repeatedly held that KRS, 311.377, Kentucky’s peer
review statute, does not prevent medical malpractice victims from learning the
results of peer review investigations. See, e.g., Appalachian Reg. Health
Care, Inc. v. Johnson, 862 S.W.2d 868 (Ky. 1993), Sisters of Charity Health
Sys. v. Raikes, 984 S.W.2d 464 (Ky. 1998), and Saleba v. Schrand, 300
S.W.3d 177 (Ky. 2009). Rather, its now well-established that the applicable
Kentucky statute’s purpose is to protect “licensed health organizations from
being sued for good faith actions made in the performance of a peer review
function.” Sisters of Charity, supra, 984 S.W. 2d at 469. One can only hope
that state legislators in Georgia re-think their position, and finally allow the
public to access information to which it is rightfully entitled. Peer review
should not be a type of tort reform, and needlessly shield physicians and
hospitals from liability for committing preventable mistakes.
Read the entire Atlanta Journal-Constitution article here:
http://www.ajc.com/news/hospital-mistakes-kept-secret-1233859.html
Posted in Medical Malpractice | Tagged louisville medical malpractice attorney,
medical errors, medical malpractice, patients rights, peer review | Comments Off
Ohio Legislature Considering Bill That Would
Severely Limit Medical Malpractice Victims’ Rights
Posted on November 17, 2011 by Seth
The Ohio Senate is currently considering a bill, which would severely hamper
medical malpractice victims’ ability to recover against negligent emergency
medicine physicians and other healthcare providers.
If passed, Ohio SB 129 would shield doctors, physician extenders (such as
physicians’ assistants and nurse practitioners), dentists, optometrists, and
nurses from liability, so long as they are providing care for an “emergency
medical condition” as defined by the federal Emergency Medical Treatment
and Active Labor Act (“EMTALA”), or acting as a result of a disaster, and are
not engaged in willful misconduct.
EMTALA, 42 U.S.C. § 1395dd, defines an “emergency medical condition” as:
(A) a medical condition manifesting itself by acute symptoms of sufficient
severity (including severe pain) such that the absence of immediate medical
attention could reasonably be expected to result in—
(i) placing the health of the individual (or, with respect to a pregnant
woman, the health of the woman or her unborn child) in serious jeopardy,
(ii) serious impairment to bodily functions, or
(iii) serious dysfunction of any bodily organ or part; or
(B) with respect to a pregnant woman who is having contractions—
(i) that there is inadequate time to effect a safe transfer to another
hospital before delivery, or
(ii) that transfer may pose a threat to the health or safety of the woman or
the unborn child.
Civil justice advocates believe that Ohio SB 129 would actually hamper patient
safety, because it would virtually all shield emergency medical providers from
liability, and leave medical malpractice victims without any recourse against
negligent providers. A recent report quoted Cincinnati medical malpractice
attorney, Donald Moore, as saying, “We’re not going to raise the standard of
medical care that people in Ohio get by reducing the responsibilities of the
doctors who deliver that care.” Mr. Moore, who has also testified against SB
128 in the Ohio Legislature, believes that unnecessarily shielding emergency
medical providers from liability will actually cost taxpayers money, because
medical malpractice victims “are going to wind up relying on Medicaid,
Medicare and Social Security.”
Unsurprisingly, Ohio SB 129’s proponents claim that the legislation is not as

9. draconian as its opponents are claiming. That is because victims may still
recover if they can prove that an emergency medical provider’s actions were
reckless or willful.
It is an unfortunate reality that anti-justice advocates believe that limiting
peoples’ access to courts is the best way to improve our nation’s healthcare
system. The proof, however, has dispelled this myth. As an attorney who
has practiced medical malpractice law for almost ten years, I know firsthand
that, in all but a few scenarios, it is virtually impossible to prove that a
physician or other healthcare provider acted recklessly, or willfully intended to
harm a patient. For that reason, I believe that the Ohio legislature should
reject SB 129, and not needlessly restrict access to our civil justice system.
Read Ohio SB 129’s entire text here:
http://www.legislature.state.oh.us/BillText129/129_SB_129_I_Y.pdf
Read more here: http://www.fox19.com/story/16060671/senate-bill-129-spurs-
debate-between-er-doctors-and-thier-patients
Posted in Medical Malpractice | Tagged emergency medicine, louisville medical
malpractice attorney, medical errors, medical malpractice, patients rights |
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Recent Nursing Home Abuse News From Kentucky
And Around The Country
Posted on November 16, 2011 by Seth
According to a recent report, a nurse at an Illinois nursing home was charged
with criminal neglect of an elderly person, after allegedly withholding an 83-
year-old resident’s medications.
Prosecutors in Madison County, Illinois claim that Trudy Eller, a nurse at
Manor Court of Maryville, consciously chose to withhold medication from
resident, Joseph Giacaletto, for 45 days earlier this year. Mr. Giacaletto was
hospitalized earlier this year, but it was not yet been determined whether Ms.
Eller’s alleged withholding of medication was the cause.
This report is not the first time this year that Manor Court has been in the
news for all the wrong reasons. In August 2011, a former Manor Court
employee sued the home’s owner for retaliatory discharge, after she was
allegedly terminated after reporting that staff members were neglecting
residents. The former employee claims that she personally witnessed nursing
home employees attempting to conceal an investigation into the escape of a
patient who later died, and that nursing home employees failed to help a
resident with breathing difficulties.
A review of the most recent surveys from the Illinois Department of Public
Health shows that in March 2011 shows that inspectors cited Manor Court six
times for placing residents in immediate jeopardy, or for conduct resulting in
actual harm. (For the uninitiated, those citations are the two most severe that
state inspectors can levy.) In one instance, Manor Court failed to have a
licensed pharmacist check the drugs that each resident takes at least once a
month. In another, the home failed to immediately notify a resident’s family
after the resident was injured.
In related news, The Lexington Herald-Leader recently published the results of
the Centers for Medicare and Medicaid Services’ (“CMS”) review of nursing
homes in Lexington, Kentucky, and surrounding counties. CMS rates
certified nursing homes and assisted-living facilities based upon health
inspections, staffing and quality measures. Facilities receiving five stars
provide “much-above-average” care, whereas those receiving only one star
provide “much-below-average” care. Those facilities with an asterisk have
been classified as “Special Focus” facilities, due to histories of persistent poor
quality of care, and must undergo more frequent inspections.
Five stars
Homestead Nursing Center, Lexington
Tanbark Health Care Center, Lexington
Pine Meadows Health Care, Lexington
Cambridge Place, Lexington
Bourbon Heights Nursing Home, Paris

10. Telford Terrace, Richmond
The Terrace Nursing & Rehabilitation Center, Berea
Four stars
Cardinal Hill Rehab Unit at Samaritan Hospital, Lexington
Sayre Christian Village Nursing Home, Lexington
Clark Regional Medical Center, Winchester
Three stars
Rose Manor Health Care, Lexington
Kenwood Health and Rehabilitation Center, Richmond
Signature Healthcare of Georgetown, Georgetown
Two stars
Mayfair Manor, Lexington
Northpoint/Lexington Healthcare Center, Lexington
Richmond Place Rehabilitation and Health Center, Lexington
Dover Manor, Georgetown
Bluegrass Care & Rehabilitation Center, Lexington*
Royal Manor, Nicholasville
One star
Fountain Circle Health and Rehabilitation, Winchester*
Lexington Country Place, Lexington
Berea Health Care Center, Berea
Madison Health & Rehabilitation Center, Richmond
If you suspect that you or a loved one has suffered from any form of nursing
home malpractice, neglect, or abuse, please contact Kentucky nursing home
abuse attorney, Seth Gladstein, for a free consultation. A Louisville, Kentucky
attorney, Seth has the experience to help properly and thoroughly investigate
a nursing home negligence, malpractice, or abuse claim, and determine
whether you may possibly recover monetary damages. By calling, you can
help make nursing home facilities safer for you, your loved ones, and other
residents. Seth can be reached at (502) 855-4177, or toll-free at 800-991-
0474.
Read more here:
http://www.stltoday.com/news/local/crime-and-courts/nurse-accused-of-
withholding-medication-from-resident-of-maryville-nursing/article_495cb510-
0fe3-11e1-8cf4-001a4bcf6878.html
http://www.madisonrecord.com/news/237958-maryville-manor-worker-claims-
retaliatory-discharge
http://www.skillednursingfacilities.org/directory/il/maryville/manor-court-of-
maryville/145728/

11. ← Older posts
http://www.kentucky.com/2011/11/13/1957903/nursing-home-rankings-for-
fayette.html#storylink=misearch#ixzz1duMXf1Ni
Posted in Medical Malpractice, Nursing Home Abuse | Tagged louisville medical
malpractice attorney, medical malpractice, nursing home abuse, patients rights |
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