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Congress to Limit Medical Malpractice Compensation

The bill working its way through Congress that would cap medical malpractice jury awards is a bad idea, according to a national public interest lawyer. In an Op-Ed piece in the Washington political newspaper The Hill, Executive Director of Public Justice Paul Bland writes that  H.R. 1215, the “Protecting Access to Care Act” has a misleading title because the legislation would provide less — not more — protection to patients.  Indeed, Bland powerfully illustrates his point with a recent case of malpractice. He discusses a patient from Pennsylvania named Kathleen Astleford. Her primary care doctor had referred her to a specialist to look at a problem...

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Alert: Nursing Home Neglect and Abuse

A government healthcare oversight office issued an alert to families of nursing home residents to be mindful of the safety of their loved ones in the wake of a report that nearly 25% of Medicare recipients are victims of preventable nursing home neglect and abuse. “Visit your loved ones often who are in these facilities," the alert said. Make sure the facility and staff are treating them properly, "and report potential cases of abuse or neglect to your local police and your state’s Medicaid fraud control unit.” Assistant Health and Human Services regional inspector general Curtis Roy said that inspectors uncovered more than...

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Jury Awards $20 Million in Medical Malpractice Case

A Minneapolis jury has awarded a malpractice judgment of more than $20 million to the family of a woman who died from a blood infection days after giving birth. Nicole Bermingham, 30 years old, died in 2013 of sepsis after her son was born and she was discharged from the hospital. Her family sued the emergency room physicians group and a nurse practitioner who worked at the hospital. The family contends that the nurse practitioner missed lab results that showed that Bermingham had contracted sepsis. They say the new mother returned to the emergency room within 12 hours feeling nauseous and with a...

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Nursing Home Cited for Patient Abuse Files Bankruptcy

Cited for abuse, neglect, and staggering under debt, GraceWood Rehabilitation and Nursing Care in Pinellas Park, Fl and its parent company, Senior Care Group Inc., have filed for bankruptcy. The Centers for Medicare and Medicaid Services placed Gracewood on a list of "Special Focus Facilities" last year. Special Focus facilities are the nursing homes with the worst safety records. The Florida Agency for Health Care Administration (FAHCA) has also listed GraceWood as having safety violations since 2015. Government agencies fined GraceWood at least three times over the past few years for neglecting and abusing residents. Earlier this year, caretakers left a 65-year-old...

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Text and Drive? Show This to Your Family

  About a third of the teens in a recent survey said that they or someone they knew lost a friend or loved one in a distracted driving accident. Nine people are killed every day in America, and more than 1,000 are hurt because a driver wasn't paying attention behind the wheel. The most distracted drivers in the country are in Florida, according to the Department of Highway Safety. Annual traffic deaths in the state rose from 2,497 in 2014 to 3,158 in 2016 because more drivers were texting and talking on cells phones. Teen drivers cause the majority of distracted driving car...

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Injured? 1st Call is NOT to a Lawyer.

Many law firms advertise that the first thing to do after you've been injured in an accident is to call them in order to protect your legal rights. At Martinez Manglardi, we want to remind you that the first thing you need to do is look after your health and well-being. Symptoms of injuries from a car or bicycle crash may not show up for many days. This is because they are often soft-tissue injuries that are not readily apparent. Also, the human body releases certain natural painkillers after trauma, called endorphins, which can mask symptoms of injuries. You may not...

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Florida’s Sickest Children Kicked from Health Care Plan

The Florida Department of Health is facing questions over whether it removed thousands of the state's sickest children from a special Medicaid program as a political favor to Republican party insurance industry donors. According to a CNN report, the state switched more than 13,000 children from a special Medicaid program called Children's Medical Services (CMS) that covered that most serious, chronic health conditions. CMS is a public program. The state moved children to Medicaid programs that are run by private insurance companies. Most of those companies have donated millions of dollars to the Florida Republican Party over the years. Republicans control the...

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Birth Injury Lawyer: D.C. Hospital Ordered to Close Obstetrics Unit

A Washington, D.C. hospital has been ordered to stop delivering babies because hospital staff made dangerous errors in caring for pregnant women and newborns, according to the Washington Post. The District of Columbia Department of Health took the move against United Medical Center after learning of mistakes that could lead to birth injury. In one case, doctors failed to monitor and properly treat an overweight pregnant woman who was having trouble breathing. The woman arrived at the hospital in "acute respiratory distress." She had a history of a deadly blood pressure condition called preeclampsia. Another maternity patient was infected with HIV, and doctors...

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Nursing Home Abuse: Losing the Right to Sue

Nursing home abuse attorneys say the government wants to prevent nursing home residents from being able to sue over cases of neglect and abuse. Presently, many nursing homes require residents to sign a contract which includes a clause known as forced arbitration - or the "no sue" contract. They usually bury the wording in the fine print. Consequently, injured, abused or neglected residents and their families waive the right to take nursing home owners to court. The Centers for Medicare and Medicaid Services (CMS) proposed a rule in 2016 that prohibited forced arbitration contracts in any nursing home that receives Medicare or Medicaid funding. Most...

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