Medical Error: How You Can Protect Yourself

Too often, perhaps, we accept with little question the idea that doctors and medical professionals know what’s best, and patients are hesitant to question that authority. But the fact is, they’re not infallible. Prior to Covid-19, hospital and medical errors were the third leading cause of death in the United States – right behind cardiovascular disease and cancer. One in three people who are hospitalized suffer harm, injury or infection from medical mistakes, and the consequences can be long-term and far reaching
There are several factors that contribute to hospital and medical mistakes – doctors become overworked or burned out, poor teamwork and communications, and unsatisfactory training among them. Professionals in the field are developing a consensus on how to better train and build teams and implement better preventive protocols – but you as a patient can take steps to ensure you’re protected against — or in the event of — medical error:

Keep a Medical Diary

Write everything down – notes about your condition, your medications and what they’re for, and when and why they were prescribed. Keep detailed records of your visits with medical professionals and write down what was said during each session. Also, note any tests given, what the results were, and record all discussions with caregivers – any questions asked, and what the answers were.

Medication Log

List your medicines in a separate log and monitor the dosages. Keep notes on discussions with your doctor and pharmacist and make note of any change in medication and the reasons given for it.

Have a Buddy

Ask a friend, relative, or partner to stay with you while in treatment or during hospital/doctor visits. They can be your backup and extra set of eyes and ears.

Have a Living Will

It’s a hard thing to talk about, but inestimably important to have your wishes known and documented in the event you are incapacitated. Make sure your family and your doctor have a copy of your Living Will and know what your decisions and wishes are.

Do Your Research

Research your hospital’s safety rating and don’t be afraid to ask the Administrator questions about what protocols they have in place for improvements and upgrades. There are several resources you can use online to find your hospital’s rating, such as The Leapfrog Group.

You, as the patient, have the right to be a part of your treatment and care, and you should not feel intimidated or hesitant to ask questions and expect answers from your physician and medical personnel. Your life and health are important, and you have every right to know how your treatment is being handled and why. It is not only permissible, but imperative, for you to make yourself as integral a part of your medical team as your Primary Care Physician.

In the event that you believe you have experienced harm from medical error, please call us at 304-720-2351. (make click to call) We will be happy to meet with you for a free consultation.

Links:
Medical Errors: Tips on How to Prevent Them
http://familydoctor.org/familydoctor/en/healthcare-management/self-care/medical-errors-tips-to-help-prevent-them.htm

20 Tips To Help Prevent Medical Error
http://archive.ahrq.gov/patients-consumers/care-planning/errors/20tips/index.html

The Leapfrog Group
http://www.leapfroggroup.org/

Nursing homes, or Skilled Nursing Facilities, are an option for people who don’t necessarily require hospitalization or round-the-clock supervision and care, but need some medical or physical therapy assistance, or special care after surgery or during illness. Some nursing homes are set up as a hospital type of environment, while others are designed like homes or assisted living units. So once you know the basic criteria of what you’re looking for, here are some ideas to help you go about choosing the right facility for what you need:

Consult Your Hospital/Healthcare Provider

Hospitals usually employ social workers or hospice/assisted care advisors who likely have a list of skilled care facilities. Talk to friends, family, social/religious groups, and even family members who have loved ones in care. They can help you pick out some places and offer insight and recommendations.

Call Your Preliminary List of Options

– How many residents do they have?
– Is there a doctor on call, or do residents travel to see a physician?
– Is the schedule regimented, or more flexible?
– How many staff members are there? How many nurses or specialized personnel?
– What was the facility’s last evaluation rating? How were problems handled?
– What is the rate of turnover for both staff and residents?
– What is the basic fee structure; can you afford it?

Visit

Once you have narrowed down your list of potential facilities, ask for an appointment. You can get a first-hand look at the operations and make your own observations. Some suggestions:

– Check for safety hazards: some of these aren’t always obvious, like frayed carpets, for instance, or cracks in the floor. Also keep an eye out for raised doorsills, uneven tile or floorboards, electrical cords, and unusual bevels or bumps.

– Observe how the nurses/aides interact with people; do they address residents by name? Do they knock before entering the room? Do they know the resident’s habits, interests, schedule, and family names? Does the staff make sure that residents are stimulated and provided opportunities for activity and interaction, or are residents left alone for long periods of time?

– Cleanliness and safety of the facility: are the floors and surfaces clean and well-kept? Are the doors and windows equipped with locks or alarms? Are there cameras and/or other surveillance features? What is the facility’s current safety evaluation?

Visit Again

This time go to the facility unannounced, without calling ahead – perhaps a few days later, and try a different time of day so that you can observe other staff at work. Pop in during lunch and observe how mealtime is handled. How does the food look? How is it served? Is it nutritious and easily digestible? Are residents given the option of eating their own food preferences, and does the facility oblige religious dietary requirements, etc? Do staff interact with or sit with residents during mealtime and engage in conversation?

When You Choose

Ultimately, cost is going to be a big factor in your final decision, as well as quality of care and medicine. If there’s something you don’t understand, ask the facility director for clarification, and keep asking until you’re satisfied with the explanation.

You can find a list of skilled facilities that have been approved by the Centers for Medicare and Medicaid Services (CMS), as well as a checklist of additional questions, at www.medicare.gov/nursinghomecompare.

There are also many available State Insurance Assistance Programs that can help you with choosing health insurance and finding other financial aid: (link to www.medicare.gov/Nursing/Payment.asp.

Other Links:

AARP: www.aarp.org
CMS: www.cms.gov
Dept. of Veteran’s Affairs: www.va.gov
National Long-Term Care Ombudsman Resource Center: www.ltcombudsman.org

How good is your relationship with your physician? Our doctors are only as good as how honest our communication is with them. It’s upsetting when they make a mistake – but they’re human beings, not demigods, and human error is inevitable. But when medical professionals we trust – often with our lives – don’t tell us about those mistakes, that’s when it’s really scary, as an article in The Raw Story explains.

It gets worse: in an independent study published by BMJ Quality and Safety 300 Primary Care Physicians said that depending on how big they felt the mistake was, they would decide whether to tell the patient. The patient’s right to know about any mistake, large or small, was not a factor in that decision.

Additionally, doctors admitted that not only would they not admit to mistakes they made – they would actively try to cover it up. Worst of all, they wouldn’t be sorry for either.

The implications are horrifying. Medical error costs the lives of 250,000 people a year, much of which is preventable. The trust we put in our doctors makes us vulnerable enough, and if our medical professionals are consciously obscuring and hiding their own mistakes, that trust is broken – and it puts us in even more danger; the doctor’s needs and position DO NOT take precedence over patient care and safety.

If and when we do get a vaccine for COVID-19, let’s hope it works. Because if the vaccine causes injury, there will be little to no legal recourse.

In the 1980s, Congress created the National Vaccine Injury Compensation Program. While vaccines are very safe and effective in the vast majority of cases, there is still a small percentage of vaccinations that result in various injuries from the administration of the shot itself to a side effect of the vaccine.

I practice in the Federal Court of Claims, where the Vaccine Injury Compensation Program (VICP) is administered. Injuries such as SIRVA (Shoulder Injury Related to Vaccine Administration) and GBS (Guillain-Barre Syndrome), among others, are eligible for damage awards, and I have represented clients who have received such compensation.
However, early on in this pandemic, a Trump administration rule will bar those injured by any Covid-19 vaccine from accessing the VICP.

Emma Coleman reports in Route Fifty that those who are injured or die from a coronavirus vaccine can instead seek compensation through the rarely-used Countermeasures Injury Compensation Program (CICP), which is a different, separate fund run by the U.S. Department of Health and Human Services.

The problem is, rarely does anyone receive an award from that fund. One vaccine specialist told Reuters that the process was a “black hole” handled by HHS outside the court system. Of the 485 claims filed with the CICP since 2010, only 39 people have received compensation totaling $5.7 million — almost all of them for H1N1 flu vaccines.

While the VICP is funded through a tax on vaccines, the CICP relies on Congressional appropriations via contract. Further, the CICP does not pay legal fees or costs, nor does it award pain and suffering damages. Lastly, while the VICP allows three years to file, with the CICP there is just a one-year deadline during which you can bring a claim. That’s not a very big window.
That’s important, because determining an injury from a vaccine is hardly ever an easy or quick thing to do. I’ve personally handled cases where it took the doctors months or even years to understand, diagnose, and treat the injury, not to mention figure out what caused it.

CICP is essentially designed in such a way as to prevent as few cases as possible from being heard – let alone awarded damages — and their rules are stacked against you right from the start with that one-year window.

Right now, many of those who handle vaccine cases are recommending coronavirus vaccine claims be administered through the VICP — and I agree. That system is better prepared to handle a large volume of claims. The VICP has paid an average of 615 claimants each year since 2015 at a rate of about $216 million annually. The VICP system also pays attorney fees and costs, awards damages for pain and suffering, and allows plaintiffs the opportunity to appeal — which is not available through CICP.

The VICP also has a three-year time frame in which to file your claim. This compensation program, which is still tedious, at least gives the claimant time to figure how and if the vaccine caused the injury, pays an attorney (whether you get an award or not) to help you navigate a complex system, is more likely to give you a fair award if you prove your claim and gives you the opportunity to appeal. We’ll be fighting for that!

For more information about how we can help you with your case, contact us or give us a call today at 304-720-2351.

April 30, 2020

These are unusual times: scary, uncertain, and, unfortunately, even deadly. But one thing many of us ask: “How can we help?” At Kathy Brown Law, we can help by using our expertise to review insurance policies and insurance coverage. For small businesses wondering if they can stay afloat, their commercial insurance policy may offer a ray of hope. For the lay person, an insurance policy can be complicated to read and even more difficult to understand. Questions arise like what does my coverage entail? How do I make a claim? If the insurance company denies my claim, what are my options?

We stand ready to help you get answers. We will review your policy free of charge! If there is coverage, we will help you file a claim. If a claim is denied, we can help you decide the next steps to take that meet your business needs.

West Virginia’s Insurance Commissioner recently put out a Bulletin telling business owners that “some commercial policies may provide business interruption coverage due to an order by a governmental or civil authority.” WV-Insurance Bulletin 20-8. However, the Commissioner explains, “for coverage to apply, most insurance policies still require a direct physical loss from a covered peril as the underlying cause of the business shut down or closure.”

Many insurance companies have written exclusionary language into policies that may result in a denial of coverage if there is a pandemic. However, that is not the end of the story. Insurance policies can be different, and there may be additional coverage options purchased or endorsements that might apply.

That’s where you may need help and we are glad to review your policy. It can all be done remotely, by either scanning the policy and emailing it to us or
faxing it to our office. We can then have a telephone call or Zoom meeting with you to let you know your next step. Our email address is Kathy@kathybrownlaw.com and the fax number is 304-720-2352. You can always call first at 304-720-2351.

We are all in this together and this is a way we can help! Stay well.
Kathy A. Brown -responsible attorney.