Ohio bill threatens to give hospitals power to designate medical records

medical recordsWhether you’re switching to a new doctor or concerned about the care you or a loved one received, complete and accurate medical records play a crucial role in the health care process.

A new definition of these files, proposed by House Bill 172, threatens to give hospitals the power to decide what is, or is not, considered a medical record when a patient’s information is requested. The move could limit patients’ access to their own medical records and present new challenges in legal battles to hold medical providers accountable for negligence and malpractice. Continue reading “Ohio bill threatens to give hospitals power to designate medical records”

Avoid having surgery during the summer: What Ohio hospitals aren’t telling you

by R. Craig McLaughlin

It’s the championship football game and your favorite team is driving down the field to score a touchdown. Your star quarterback and seasoned offensive linemen are working together like a well-oiled machine. Everyone is in perfect sync and the entire team is seemingly moving as one. Your team can’t be stopped.

But wait! What’s this? A time out is called and in come a slew of substitutions. Your veteran quarterback and linemen are replaced by a rookie and four other practice squad players, who are being asked to play positions they have never played before.

For the rest of the game, lack of experience, unfamiliarity with each other and poor communication between the players lead to sacks, turnovers and a loss for your team.

Would the fans ever tolerate a change in personnel like this during the middle of an important game? No way!

But this is exactly the type of substitution that happens at Ohio’s teaching hospitals every summer and it puts patients at risk.

The most dangerous month for surgery

Every July, at teaching hospitals like The Cleveland Clinic, Ohio State University Hospital and Cincinnati Children’s Hospital Medical Center, there is a change of health care providers that threatens the safety of the patients at these facilities.

This is when the most experienced residents graduate and leave the hospital. These graduating residents have spent the past three to six years training under the guidance of more experienced doctors and the patients at these teaching hospitals served as their case studies.

However, these experienced residents are replaced by brand new doctors who just graduated from medical school. To compound the problem, the remaining residents who have been at the hospital for a year or two are now being asked to assume new and unfamiliar roles. Consequently, this can be a very dangerous time for patients at these teaching hospitals.

A medical team performing an operation
Do you know which month is most dangerous for surgery?

This is such a dangerous time of year for patients that studies show the rate of patient deaths and complications from medical procedures increases between 8% and 34% during the month of July.

Dr. John Young of the University of California, San Francisco, reported these findings in a study he published in the Annals of Internal Medicine. Every year this “July effect” – as the hospitals sometimes refer to it – affects about 100,000 doctors in teaching hospitals around the country. According to Dr. Young, no other industry undergoes such a dramatic change in personnel on such a regular basis.

Steps for a safer medical operation

So what can you do to protect yourself and your family members? Here are three tips from an experienced Ohio medical malpractice attorney:

1. Ask your doctor if he or she will be performing your surgery at a teaching hospital where doctors in training may be involved in your care. Some hospitals are not teaching hospitals or your procedure might be performed at a surgery center that does not use residents. If that is the case, then you likely won’t be affected by this problem.

2. If your surgery is elective and it is safe for you to put it off, request that your surgery be scheduled during the first six months of the year. At that time, the doctors being trained at a teaching hospital will be more experienced and familiar with the hospital’s policies, procedures and nursing staff, and there will be less of a chance for a mistake to be made.

3. If you have to have your surgery during the summer months because it can’t wait, let it be known that you want the most experienced doctor to perform your surgery and to be very involved in your care. Ohio’s teaching hospitals are important to train the doctors of the future, but your health and well-being should not suffer because you are being used as the guinea pig for a brand new doctor.

 

Craig McLaughlin represents people who have been seriously injured or killed as a result of nursing home neglect, motor vehicle crashes, defective products, workplace accidents and medical negligence. He has been recognized by Super Lawyers, Martindale-Hubbell, AVVO and is a life member of the Multi-Million Dollar Advocates Forum and Million Dollar Advocates Forum.

Is your hospital safe?

Not all hospitals are the same. In fact, one recent study showed patients who undergo common surgeries are safer at busy hospitals that perform the procedures regularly.

Hospital surgical volume matters

A medical team performing an operationAn article published in U.S. News and World report has shed the light on a little-known surgical risk: inexperience. Extrapolating data from Medicare statistics, the study revealed that hospitals performing only a small number of common surgical procedures place patients at a far greater risk than high-volume hospitals.

How big of a problem is it? “You can save your life by picking the right place,” says Leah Binder, director of the Leapfrog Group, a nonprofit organization that measures hospital safety and performance.

Dr. John Birkmeyer, Professor of Surgery at Dartmouth–Hitchcock Medical Center has estimated that as many as 11,000 deaths could have been prevented nationally if patients who went low-volume hospitals opted to for the highest volume hospitals instead. For example, at one low-volume Colorado hospital, patients were three times more likely to die during hip replacement surgery and 24 times more likely to die during a knee replacement.

Increased risks with low-volume hospitals

According to the study, hip replacement patients who had their surgery in in the lowest-volume hospitals were about 50 percent more likely to die than patients treated at surgical centers in the top 20 percent. Knee replacement patients took a larger gamble using low-volume hospitals, with a nearly 70 percent higher risk of death. Patients with congestive heart failure and chronic obstructive pulmonary disease fared somewhat better; however, they still had a 20 percent increased risk of dying.

While these numbers are dramatic, it’s important to remember that volume is only one indicator patients should consider when selecting a healthcare facility. In fact, some low-volume hospitals provide excellent care. Conversely, some high-volume centers may perform unnecessary surgeries.

Choosing a hospital

One of the best ways to make a decision is to ask questions. Here are a few examples:

  1. What procedures do you recommend for my case, and why?
  2. Do I need this surgery? What other options are there?
  3. How many times have you performed this procedure in the past year?
  4. What is your complication rate?
  5. How do you follow a patient post-surgery?
  6. What will my follow-up care look like?
  7. Tell me about your medical team – nurses, physical therapists, and others who can help guide me pre and post-surgery.

There are also rating systems available online, including U.S. News Best Hospitals and Hospital Safety Score. So how do you know which hospital or surgeon is right for you? There is no magic formula, but most experts agree patients should take the time to educate themselves about the doctors and medical facilities they choose.

 

Sources:

“Risks Are High at Low-Volume Hospitals” by Steve Sternberg and Geoff Dougherty, U.S. News & World Report, May 18, 2015.

“Hospitals Move to Limit Low-Volume Surgeries” by Steve Sternberg, U.S. News & World Report, May 19, 2015.

Medical Apps for Injury Victims

Forgetting or choosing not to take your medicine is never a good idea, but for injured clients, it’s imperative to follow their medical provider’s care plan. In both personal injury and medical malpractice claims, the validity of an injury may come into doubt if you don’t follow up with your doctor and adhere to all prescribed treatments. During a trial, jurors will question the motives of someone who stopped medical treatment and may assume they do not deserve full compensation for their injuries.

Medication Reminders

Medical apps can help you track your recovery after an injury.Anyone who has multiple prescriptions knows it can be difficult to remember to take medications. The following apps can help make medication compliance easier.

MediSafe helps you manage and take your medication on time and lets you know when it’s time for refills, provides doctor appointment reminders, and provides a place to store doctor phone numbers and addresses. Users also have the option to allow their family, friends and caregivers to help with compliance by being alerted as to whether or not you medication was taken.

MedCoach makes it easy for users to follow their medication and vitamin schedule as prescribed by a doctor. It delivers friendly reminder messages to your phone. The app can even connect you to your pharmacy for prescription refills.

Track Medical Records

Medical expenses are by far the most important component of any personal injury case. Whether your case is settled out of court or decided by a jury, you must have complete medical records to back up your claim.

My Medical™ for iOS is a comprehensive record-keeping app for your personal medical information. My Medical can keep track of medications, surgeries, hospitalizations, tests, physicians, allergies, immunizations, assistive devices and much more. It meets the industry standard Continuity of Care Record format, which makes it easy to transfer records from one system to another. For extra security, data is stored directly to your device and not on a remote server.

Healthspek for iPad allows you to easily track, collect and safely share your personal and family health records, manage medications and store legal documents. Account holders can manage medications, medical charts and images, track vitals, access care, and record physician, insurance and emergency contacts, among other features. With the patient’s permission, doctors can access records through Healthspek’s www.chartnow.com–providing convenience for both you and your physician.

Be cautious of apps that make bold claims

Medical apps abound for consumers looking to use their mobile devices to improve their health and users can easily find apps that promise to promote mental health, aid sleep, cause weight loss, control food allergies, aid self-diagnosis, manage pain, and help in every other conceivable medical condition. However, the FDA regulates consumer health apps at its own discretion, depending on the possible risks to users.

“If an app claims to treat, diagnose or prevent a disease or a health condition, it needs to have serious evidence to back up those claims,” said Mary K. Engle, associate director of the F.T.C.’s division of advertising practices. “We hope marketers will take heed of that and do their homework before they get into the marketplace.”

 


 Elk & Elk Co., Ltd. does not endorse or recommend any commercial products, processes, or services. This information is not intended to treat, diagnose, cure or prevent any disease. All material provided on this Site is provided for information purposes only. Always seek the advice of your physician or other qualified health care provider.

Stryker Agrees to $1.4 Billion Hip Implant Settlement

iStock_000009949501SmallStryker has agreed to compensate thousands of individuals affected by recalled hip implants—setting aside $1.4 billion to cover costs of the settlement. The affected implants are the ABG II Modular Hip System and the Rejuvenate Modular Hip System.

Bloomberg news reports the medical device manufacturer “will pay a base amount of $300,000 per case to patients who had the devices surgically removed.” Stryker currently faces more than 4,000 lawsuits, which have been consolidated in New Jersey Multicounty and Federal Multidistrict litigations.

The base award may be adjusted, depending on certain factors. For example, payments will be increased for extraordinary medical injuries, such as multiple surgeries (re-revisions) or infections and other medical complications suffered as a result of revision surgery.

The deadline for eligible patients to submit their claim for payment under the settlement is March 2, 2015. The first payments under the settlement program are expected to begin in the Summer of 2015 with enhanced payments being projected for disbursement at the end of 2015 and early 2016.

Eligibility Requirements for the Hip Implant Settlement Fund

According to a settlement information website, “The Settlement Program is available to eligible United States patients who had revision surgery for reasons related to the voluntary recall of the modular-neck hip stems prior to November 3, 2014.”

To be eligible for the Settlement Program, you must:

  1. Be a U.S. citizen or legal resident of the United States;
  2. Have had an ABG II Modular and/or Rejuvenate Modular hip implanted in the United States or at any United States Military Hospital;
  3. Have undergone a surgery to remove the implanted modular hip stem for reasons related to the recall at least 181 days after implantation and prior to November 3, 2014, in the United States (or at any United States Military Hospital);
  4. The surgery to remove the ABG II Modular or Rejuvenate Modular hip involved one or more of the following: (a) an elevated cobalt level; (b) an abnormal diagnostic scan related to the reasons underlying the voluntary recall; or (c) confirmation of ALTR, ALVAL or tissue damage related to the reasons underlying the voluntary recall.
  5. Register your claim with the Claims Processor; and Enroll in the Settlement Program.

The Settlement Program is also available to eligible patients who are unable to undergo a necessary revision surgery as indicated by their surgeon prior to November 3, 2014, because they have been deemed physically unable to have the procedure by their surgeon.

Stryker Modular Hip Systems linked to serious complications

Stryker recalled the products in 2012, after patients began complaining of pain and swelling. Other complications included:

  • Fretting (wear) and/or corrosion, which can lead to osteolysis (bone dissolution)
  • Joint loosening/dislocation
  • Multi-organ injuries from the release of heavy metals into the body
  • Tissue inflammation
  • Necrosis (soft tissue death)
  • Hypersensitivity/allergic response
  • Broken devices
  • General pain and discomfort

Although the settlement agreement will help resolve many lawsuits, other claims remain active. If you have questions about Stryker modular hip implants or other medical devices, contact an experienced products liability attorney today.

 

Source:

Voreacos, David, and Jef Feeley. “Stryker to Pay More Than $1 Billion for Recalled Devices.” Bloomberg.com. Bloomberg, 4 Nov. 2014. Web. 12 Nov. 2014.