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Trusted. Respected. Committed.

Christian & Davis, LLC has a long history of helping injured people receive compensation from those at fault for their injuries. We have a decades-long tradition of assisting injury victims in their fight against well-funded insurance companies and the wrongdoers they protect.

Christian & Davis focuses on personal injury law, medical malpractice, workers compensation (on the job injuries), nursing home abuse and neglect, injuries caused by defective products, social security disability, insurance claims, wrongful injury and death claims, truck and automobile accidents, and disability-related labor and employment issues. We also represent the victims of fraud, misrepresentation and unfair trade practices by businesses. Please visit our website at www.christiandavislaw.com.

Our blog attempts to inform readers in all areas that affect our practice and the clients we represent. This often includes information and developments in the areas of justice, case law, new legislation, the court system, politics, and other issues of interest and concern. We hope you will find our blog interesting, informative, and helpful.

What was learned from the Exxon Valdez spill?
Posted by: euser
June 30, 2010
Topic: Oil Spill Cleanup Workers Exposure to Toxins a Valid Concern

Lack of health data on Exxon Valdez cleanup workers a problem. McClatchy (6/30, Hopkins) reports that the "lack of published, peer-reviewed study of the Exxon Valdez cleanup workers has made protecting the growing number workers in the Gulf of Mexico all the more difficult and has Alaska watchdogs warning that BP and government regulators are repeating mistakes that made people sick a generation ago." Critics "have questioned whether the Obama administration has left too many decisions about the health and safety of the oil spill workers to BP's discretion as a growing number of workers complain about exposure to toxins." Basic "worker health information could also play a role in future court cases against BP." The "lack of independent proof, including a proper study of workers' health that could show the employees got sick directly because of the spill, scuttled" a lawsuit related to the Valdez spill.

AAJ News Brief for June 30, 2010

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An immediate win for young adults and their parents!
Posted by: euser
May 12, 2010
Topic: Insurance

Do you have uninsured young adults in your family? National health care changes are working for you now.


As of
today, four health insurance companies in South Carolina have agreed to maintain coverage for those under 26 years old who would otherwise be kicked off their parent's plan:

Blue Cross Blue Shield of South Carolina

Aetna

CIGNA

Humana

Please speak with your employer or health insurance company to make sure that your child's coverage is maintained!

Starting September 23, 2010, all new plans must allow children to maintain coverage through their parent(s) until they reach the age of 26, regardless of marital status, enrollment in school, or financial dependency. At that time, those who have already lost coverage will be able to get back on their parent's plan during "Open Enrollment" periods that will last at least 30 days. Please watch for these special enrollment opportunities and sign your child back up!

See the following links for more detailed information:

http://www.whitehouse.gov/sites/default/files/rss_viewer/fact_sheet_young_adults_may10.pdf

http://www.whitehouse.gov/sites/default/files/rss_viewer/qa_young_adults_may.pdf

Stay tuned for alert updates and check out http://www.schealthcarevoices.org/ to get the most up-to-date health care implementation information, and let us know if you want to help us in educating South Carolinians on these important improvements!

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10 Things Your Hospital Won't Tell You
Posted by: euser
March 09, 2010
Topic: Health Related News

Updated and adapted from the book "1,001 Things They Won't Tell You: An Insider's Guide to Spending, Saving, and Living Wisely," by Jonathan Dahl and the editors of SmartMoney.

1. "Oops, wrong kidney."

In recent years, errors in treatment have become a serious problem for hospitals, ranging from operating on the wrong body part to medication mix-ups.

According to a report from the Institute of Medicine, at least 1.5 million patients are harmed every year from medication errors. One reason these mistakes persist: Only 15% of hospitals are fully computerized with a central database to track allergies and diagnoses, says Robert Wachter, chief of the medical service at University of California San Francisco Medical Center.

But signs of change are emerging. More than 3,000 U.S. hospitals, or 75% of the country's beds, signed on for a 2006 campaign by the Institute for Healthcare Improvement implementing new prevention measures such as multiple checks on drugs. In the first 18 months of the campaign, these hospitals had prevented an estimated 122,300 avoidable deaths.

While the system is improving, it still has a long way to go. Patients should always have a friend, relative or patient advocate from the hospital staff at their side to take notes and make sure the right meds are being dispensed.

2. "Getting out of the hospital doesn't mean you're out of the woods."

A study released last week by Resources for the Future, a nonprofit group that conducts independent research on public health issues, says that infections of sepsis and pneumonia acquired in the hospital may kill 48,000 people each year. What's more, the study shows, these infections cost $8.1 billion to treat and lead to 2.3 million total days of hospitalization.

Such revelations, along with the recent increase in antibiotic-resistant bugs and the mounting cost of health care, have mobilized the medical community to implement processes designed to decrease infections. These include using clippers rather than a razor to shave surgical sites and administering antibiotics before surgery but stopping them soon after to prevent drug resistance.

For all of modern medicine's advances, the best way to minimize infection risk is low-tech: Make sure anyone who touches you washes his or her hands. Tubes and catheters are also a source of bugs, and patients should ask daily if they are necessary.

3. "Good luck finding the personincharge."

Helen Haskell repeatedly told nurses something didn't seem right with her son Lewis, who was recovering from surgery to repair a defect in his chest wall. For nearly two days she kept asking for a veteran - or "attending" - doctor when a first-year resident's assessment seemed off. But Haskell couldn't convince the right people that her son was deteriorating. "It was like an alternate reality," she says. "I had no idea where to go." Thirty hours after her son first complained of intense pain, the South Carolina teen died of a perforated ulcer.

In a sea of blue scrubs, getting the attention of the right person can be difficult. Who's in charge? Nurses don't report to doctors but rather to a nurse supervisor. And your personal doctor has little say over radiology or the labs running your tests, which are managed by the hospital. Some facilities employ "hospitalists" - doctors who act as a point person to conduct the flow of information. Most hospitals now have rapid response teams - teams of specialized personnel that can rush to the bedside to assess a declining patient. Haskell urges patients to know the hospital hierarchy, read name tags, get the attending physician's phone number, and know how to reach the rapid response team. If all else fails, demand a nurse supervisor - likely the highest-ranking person who is accessible quickly.

4. "Everything is negotiable - even your hospital bill."

When it comes to getting paid, hospitals have their work cut out for them. Medical bills are a major cause of bankruptcy in the U.S., and when collectors are put on the case, they take up to 25% of what is reclaimed, according to Dr. Mark Friedman, founder of billing consultant Premium Healthcare Services. That leaves room for some bargaining.

If you're among the uninsured - who can pay up to three times more for procedures - it doesn't hurt to ask for a deduction. Some hospitals provide a 35% to 40% discount for uninsured patients, says Candice Butcher, CEO of Medical Billing Advocates of America. Hospitals frequently work with patients offering payment plans or discounts. But to get it, you have to knock on the right door: Look for the office of patient accounts or the financial assistance office.

If you don't have insurance and are scheduled for a colonoscopy in a week, Butcher suggests doing some research to find out how much that procedure typically runs in your area. The site healthcarebluebook.com lets consumers check health-care prices by zip code. You can use that as a negotiation tool. But remember, "if the hospital agrees to your price, you need to get it in writing and get it signed," says Butcher.

5. "Yes, we take your insurance - but we're not sure about the anesthesiologist."

The last thing on your mind before surgery is making sure every doctor involved is in your network. But since the answer is often no for anesthesiologists, pathologists and radiologists, what's a patient to do? Los Angeles-based entertainment lawyer and patient advocate Michael A. Weiss repeatedly turned away out-of-network pain-management doctors on a recent visit to the hospital.

If you're alert enough, ask for someone in your network. If you're seeing a physician or going to any medical facility, call your insurance company for a current list of network physicians, hospitals and labs. Also, if the referral appointment is being made by your primary-care physician, request the scheduling staff to find specialists, hospitals and labs in your network. Then verify that with your insurance company, says Mary Jane Stull, president and CEO of The Patient's Advocate, a South Bend, Ind., firm that helps people with medical insurance claims. Medical providers can drop out of a network between the preoperative appointment and the actual surgery date. And if you know your procedure will be out-of-network, call the medical providers: physicians, surgeon, anesthesiologist, and hospital. It might be worthwhile to try to negotiate a price and payment plan with the billing department, Stull says.

6. "Sometimes we bill you twice."

Crack the code of medical bills, and you may find a few surprises: charges for services you never received or for routine items, such as gowns and gloves, which shouldn't be billed separately. Clerical errors are often the reason for mistakes; one transposed number in a billing code can result in a charge for placing a catheter in an artery vs. a vein - which can come to a difference of thousands of dollars.

So how do you figure out if your bill has incorrect codes or duplicate charges? Start by asking for an itemized bill with a breakdown of all charges clearly defined, says Dr. Geni Bennetts, principal of Resolve Healthcare Billing Advocacy in Napa, Calif. Some telltale mistakes: charging for three days when you stayed in the hospital overnight, a circumcision for your newborn girl, or drugs you never received. Ask the hospital's billing office for a key to decipher the charges, or hire an expert to spot problems and deal with the insurance company and doctors (you can find one at billadvocates.com).

Their expertise typically will cost anywhere between $65 and $85 an hour, a percentage of the savings, or some combination of the two. If you want to be your own billing sleuth, talk to the highest-ranking administrator you can find in the hospital finance or accounts office to begin untangling any mistaken codes.

7. "All hospitals are not created equal."

How do you tell a good hospital from a bad one? For one thing, nurses. When it comes to their own families, medical workers favor institutions that attract nurses. But they're harder to find as the country's nursing shortage intensifies - by 2020, there will be a deficit of about one million nurses. Low nurse staffing directly affected patient outcomes resulting in more problems, such as urinary tract infections, shock and gastrointestinal bleeding, according to a 2001 study by Harvard and Vanderbilt University professors.

Another thing to consider: Your local hospital may have been great for welcoming your child into the world, but that doesn't mean it's the best place to undergo open-heart surgery. Find the facility with the longest track record, best survival rate and highest volume in the procedure; you don't want to be the team's third hip replacement, says Samantha Collier, chief medical officer of HealthGrades, which rates hospitals. (For information on specific hospitals, visit its web site at http://www.healthgrades.com/.)

The American Nurses Association's web site lists "magnet" hospitals - those most attractive to nurses - and a call to a hospital's nurse supervisor should yield the nurse-to-patient ratio.

A good tool to help consumers evaluate hospitals is a web site operated by the Department of Health & Human Services, which compares hospitals against national averages in certain areas. The site includes information about how well hospitals care for patients with certain medical conditions as well as the results of surveys given to patients asking them about their stay, says Anne F. Weiss, a senior program director at the Robert Wood Johnson Foundation, a health-care nonprofit.

8. "Most ERs are in need of some urgent care themselves."

A 2007 study from the Institute of Medicine found that hospital emergency departments are overburdened, underfunded and ill-prepared to handle disasters as the number of people turning to ERs for primary care keeps rising. An ambulance is turned away from an ER once every minute due to overcrowding, according to the study; the situation is exacerbated by shortages in many of the "on-call" backup services for cardiologists, orthopedists and neurosurgeons.

Nearly three-quarters of ER directors reported inadequate coverage by on-call specialists vs. 67% in 2004, according to a 2006 survey conducted by the American College of Emergency Physicians.

If you can, avoid the ER between 3 p.m. and 1 a.m. - the busiest shift. For the shortest wait, early morning - anywhere from 4 a.m. to 9 a.m. - is your best bet. If you're having severe symptoms, such as the worst headache of your life or chest pains, a triage nurse is trained to recognize if your symptoms constitute a medical emergency. Just know that emergency department staff are strained during busy hours, but giving "honest descriptions of your symptoms, and truly working with the staff is the best way to advocate for yourself and your family as a patient," says Darria E. Long, a doctor at Yale's department of emergency medicine.

9. "Avoid hospitals in July like the plague."

If you can, stay out of the hospital during the summer - especially July. That's the month when medical students become interns, interns become residents, and residents become fellows and full-fledged doctors. In other words, some of the staff at any given teaching hospital are new on the job.

Summer hospital horror stories aren't just medical lore: The adjusted mortality rate rises 4% in July and August for the average major teaching hospital, according to the National Bureau of Economic Research. That means 8 to 14 more deaths occur at major teaching hospitals than would normally without the turnover.

Another scheduling tip: Try to book surgeries first thing in the morning and preferably early in the week when doctors are at their best and before schedules get backed up.

10. "Sometimes we don't know how to keep our mouths zipped."

Contrary to what you might think, sharing patient information with a third party is often perfectly legal. In certain cases, the law allows your medical records to be disclosed without asking or even notifying you. For example, hospitals will hand over information regarding your treatment to other doctors, and they will readily share those details with insurance companies for payment purposes. That means roughly millions of entities that are loosely involved in the health-care system have access to that information. These parties may even pass on the data to their business partners, says Deborah Peel, the founder of Austin, Tex.-based Patient Privacy Rights Foundation.

If you want to access your medical records, you don't have to steal them like Elaine did on an old episode of Seinfeld after she learned a doctor had marked her as a difficult patient. You are legally entitled to see, copy and ask for corrections to your medical records. For your own "Patient Privacy Toolkit," visit the Patient Privacy Rights Foundation's web site at http://www.patientprivacyrights.org/.



Read more: 10 Things Your Hospital Won't Tell You (Page all of 3) at SmartMoney.com http://www.smartmoney.com/spending/rip-offs/10-things-your-hospital-wont-tell-you-20059/?page=all&hpadref=1#ixzz0hh4u5HuO

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Infections in US Hospitals Kill 48,000, Cost Billions
Posted by: euser
March 01, 2010
Topic: Hospital Infections

WASHINGTON - Nearly 50,000 US medical patients die every year of blood poisoning or pneumonia they picked up in hospital, a study has shown.

Hospital-acquired sepsis and pneumonia in 2006 claimed 48,000 lives, led to 2.3 million extra patient-days in hospital and cost 8.1 billion dollars, according to the study, led by researchers from the Center for Disease Dynamics, Economics and Policy at Washington-based Resources for the Future.

Together, the two hospital-acquired infections -- also called nosocomial infections -- account for about one-third of the 1.7 million infections US patients pick up every year while in hospital, the study published in the Archives of Internal Medicine on Monday shows.

They are also responsible for nearly half of the 99,000 deaths a year from hospital-acquired infections reported by the Centers for Disease Control and Prevention (CDC).

The study found that patients who underwent invasive surgery during their initial hospitalization were more likely to pick up a secondary infection while in hospital, and elective surgery patients were at even higher risk of nosocomial infection.

Using the largest database of hospital records in the United States, which covered hospital discharges in 40 states, the researchers estimated that 290,000 patients in US hospitals picked up sepsis, or blood poisoning, during their hospitalization in 2006, and 200,000 developed pneumonia.

Hospital-acquired pneumonia extended a patient's stay in hospital by 14 days and added some 46,400 dollars to the final price tag, while sepsis extended the time spent in hospital by nearly 11 days and added 32,900 dollars on average to the final bill.

And in many cases, the two infections and others picked up in hospital could be prevented by improving hygiene in clinical settings, said Ramanan Laxminarayan, one of the lead authors of the study.

In a commentary piece also published in the Archives of Internal Medicine, two critical care doctors deplored "the magnitude of harm from these infections" and said it was "unconscionable" that patients "continue to experience harm from their interactions with the health system."

"What is glaringly obvious is that preventable harm remains a substantial problem and that investments in research to reduce these harms are woefully inadequate given the magnitude of the problem," David Murphy and John Pronovost of Johns Hopkins University's department of medicine wrote in the commentary.

"We have invested little in rigorous methods to measure and improve quality of care," they wrote

http://www.google.com/hostednews/afp/article/ALeqM5i9_1EFVEHaBfmYlGNW61cHgU9mww

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Medical Malpractice Caps Won?t Slow Soaring Health Spending
Posted by: euser
February 18, 2010
Topic: Medical Malpractice

Tort reform has become a sort of all-purpose Republican cure for what ails the American health care system.
Indeed, long before GOP leaders acknowledged any need for health care reform, Republicans were pushing caps on damages in medical malpractice suits.
Now that a majority of Americans - 75 percent in a poll released Friday - see the need for health care reform, Republicans are trotting out damage caps as a way to control soaring health care spending. Their claim likely will get a prominent mention from GOP leaders at President Barack Obama's bipartisan health care summit on Feb. 25.
There might be good reasons to consider changes in how malpractice suits are handled. But the idea that tort reform would significantly slow, or even alter, the trajectory of U.S. health care spending is not among them.

The nonpartisan Congressional Budget Office recently estimated that tort reform could save $41 billion over the next decade, a figure now being touted by proponents.
To most of us, $41 billion is a lot of money. In the world of health care, it's a tiny drop in a very large ocean. Between now and 2019, annual health care spending will increase by $2 trillion. Not to $2 trillion. It will grow by $2 trillion, from $2.5 trillion to about $4.5 trillion.
The projected savings from capping malpractice awards works out to a 2 percent reduction in what we otherwise would spend.
To think that would significantly change health care costs is like believing that a Mack truck can be diverted by a June bug - even a moderately large June bug - hitting its windshield.
There are reasons to suspect even that analogy overstates the result.

Most of the projected savings from tort reform presumably would come from reducing the practice of "defensive medicine" - extra tests doctors sometimes order to protect themselves from being sued.
But capping malpractice damages - and not even all damages, just those for what is commonly called "pain and suffering" - does not reduce the chance that a patient will sue. So why would doctors stop practicing defensive medicine?
One rather cynical answer is that the caps might reduce the chances that at least some patients could sue: The elderly, young adults and the poor.
So-called economic damages represent the largest part of malpractice awards. They are intended to be payment for things such as lost wages or future medical costs.
Elderly patients already are out of the work force, so their economic damages are minimal. The same is true of young people and poor people whose lost wages may not be enough to cover the cost of bringing suit.

Republican dogma holds that too many "frivolous" malpractice cases already are filed by "greedy trial lawyers." The evidence says otherwise. Most malpractice victims never sue and never get compensation, suggesting "trial lawyers" are missing a lot of business.
One recent Harvard study, based on records in New York hospitals, found that fewer than half of patients who suffered what physician reviews considered to be malpractice actually bring suit.
That's not the only flaw in the current system. Some people who didn't get bad care - just a bad outcome - sue. Those cases should be weeded out.
But damage caps won't do that. The only people affected by damage caps are those who were harmed by preventable errors.
Making the system fairer to doctors and patients is a worthwhile goal. But selling "tort reform" as a miracle cure for health care spending? That's just snake oil.

http://interact.stltoday.com/blogzone/the-platform/published-editorials/2010/02/caps-wont-slow-soaring-health-spending/

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