Why Do I Need an Advance Healthcare Directive?

Right now you are the person in charge of deciding what type of medical care you receive. Well, you and your insurance company. But what will happen if (and likely when) you are no longer able to make medical decisions for yourself. That day may be twenty years from now, OR it could be tomorrow.

Consider the case of Terry Lynn Schiavo which ignited a firestorm of controversy when it pitted the Parental Rights of an adult living in a vegetative state against those of the adult’s Spouse.

Medicaid and the Lady Bird Deed

Does Medicaid Look at a Lady Bird Deed as a Divestment of Assets?
No.  In general, a patient who gratuitously transfers property to his or her children reserving a life estate, or transfers property into a joint tenancy or tenancy in common is subject to a Medicaid divestment penalty if the transfer occurs within 60 months from the date of the Medicaid application.  A Lady Bird Deed does not transfer ownership of the property at the time it is executed and may be used to avoid the divestment penalty.

Nursing Home Abuse: Legal Remedies

A friend of mine is a nurse who primarily works with elderly patients who have suffered heart attacks and strokes. She recently told me about a patient she tended on one of her night shifts. The patient was an elderly man who had been sent to the hospital from a local nursing home. The man had had a heart attack; but that is not why I mention this. It was apparent to my wife that the man had not been tended to properly while at the nursing home. He had bed sores on his backside, his hygiene was poor and it appeared that he had been both neglected and abused at the nursing home. I asked her whether this was the first time she had seen something like that. She said most of the patients who came from that nursing home were in the same condition. It is my understanding that the nursing home has since been shut down due to lawsuits.

The elderly are often victims of this type of abuse. Not wanting to be a burden on their children, they choose to move into nursing homes for care and protection. Most of the time nursing homes provide the care and protection the elderly are seeking. But this is not always the case. It is not uncommon for an elderly person to be physically and mentally injured by the negligent or intentional acts of their caregivers. More often than not the abuse or neglect is the result of (1) poorly qualified and inadequately trained staff; (2) staff with a history of violence; (3) not enough staff on duty; (4) the isolation of residents; and (5) the reluctance of residents to report abuse out of embarrassment or fear for their safety.

Legal Steps To Take
If you are a victim of nursing home abuse or you suspect a loved one may be a victim of nursing home abuse there is something you can do about it. Among the actions you may want to take are:

(1) An investigation by an adult protective services agency. This will provide the victim immediate help and relief and prevent further harm.

(2) A civil lawsuit for damages. A nursing home can be held liable for negligence if the injured party can show: (A) that the nursing home's owner or employees breached a duty of care owed to the victim; (B) that the victim's injury was caused by this breach; and, (C) that the nursing home owner's or employee's conduct caused the injury. These elements are obviously legal terms of art and should be discussed with an attorney who specializes in nursing home abuse law. The nursing home may also be liable for breach of contract for failing to abide by the "care of resident" provisions of the standard nursing home contract.

(3) Criminal prosecution to punish the individual(s) responsible for the abuse. Many states provide criminal penalties for the abuse or neglect of nursing home residents. Some states even have enhanced penalties for crimes committed against the elderly. Failing to provide residents with sufficient food, maintain standards of resident hygiene, prevent bedsores from occurring, or the unjustified use of physical restraint or force against nursing home residents may be enough to prove criminal neglect or abuse.

I hope this information is help and we can do our best to eliminate nursing home abuses.

Medical Malpractice; Sorry About The Leg

Did you hear the one about the patient in Florida who went in to have his right leg amputated only to awaken from anesthesia to see that his left leg was gone instead? Or the woman who had brain surgery performed on the wrong side of her brain? Or the psychiatrist who billed a single patient for group therapy claiming he had to counsel all 120 of the patient's personalities? You may be waiting for the punch lines for these jokes, but these stories are, in fact, real.

Each year thousands of errors are made during medical procedures ranging from the egregious errors highlighted above to minor errors. One case I am aware of involved a surgeon who stitched his patient up without removing a towel used to dab blood during surgery. For years the patient struggled with pain around the area which had been operated on. More than a decade later another doctor discovered the towel after extensive tests had been performed. A second operation was required to remove the towel. The surgeon who originally performed the operation denied leaving the towel inside the patient. The facts indicated otherwise. After consulting a medical malpractice attorney the patient was able to recover her costs associated with the additional medical expenses as well as for the pain and suffering she experienced as a result of the surgical error.

Consult A Medical Malpractice Attorney
If you suspect you might be suffering as a result of a medical error, consult a medical malpractice attorney. Most medical malpractice attornies do not charge for an initial consultation and can tell you during the consultation whether you have a valid claim. I know medical malpractice attornies who were so versed in medical terminology and know their area of practice so well they could write volumes on the diagnosis, treatment and prevention of almost any type of major medical condition. If you suspect you suffer from a medical error, review the article titled "How To Find An Attorney" in this blog and contact a medical malpractice attorney.

What Is Mesothelioma?

My two elementary school kids have recently finished up school for the summer. Two weeks before school was out I spoke to one of their teachers who told me the entire school is to be remodeled during the summer. She said that along with constructing additional classrooms, the school was finally taking care of the asbestos problem. "Asbestos problem?" I asked. She said the ceiling had begun to fall in in some of the rooms and the school was concerned about the health of the students.

I was shocked to find out that there are still buildings in the United States that have asbestos in them (having heard all the publicity during the late 80's through the decade of the 90's about asbestos related diseases and death). Hasn't the school board heard of mesothelioma?

My wife, a travel nurse who also runs an online business selling nursing scrubs, was even more shocked than I was as she has seen the devastating effects of Mesothelioma first hand.

Asbestos And Mesothelioma
Mesothelioma is a disease primarily caused by exposure to asbestos. Asbestos contains tiny fibers that can be breathed into the lungs. Once the fibers are inhaled they travel through small air passages until they reach the mesothelial cells. The fibers then damage the cells which can result in injury to the lungs and even cancer.

Asbestos exposure is mostly, but not exclusively, occupational and about 6% of those who have worked with asbestos die from mesothelioma.

What Are The Symptoms
There are two general types of mesothelioma: pleural and peritoneal. More than half of patients with pleural mesothelioma experience pain in the lower back or at the side of the chest. Shortness of breath, weight loss, trouble swallowing, fatigue, coughing, fever and sweating can also be signs of mesothelioma. Other symptoms include hoarseness, coughing up blood, swelling of the face and arms, muscle weakness, and sensory loss.

Symptoms of peritoneal mesothelioma include abdominal pain, nausea, vomiting and weight loss.

What Can Be Done?
There are several conventional treatments for mesothelioma including surgery, radiation and chemotherapy. Remember, opting for one treatment may prevent you from undergoing the other treatments.

Contact An Attorney
You may be wondering why a discussion about mesothelioma is on a legal blog. As I previously mentioned, during the 80's and 90's the world became aware of the danger posed by asbestos. As the world became aware, lawsuits arose and legislation was passed dealing with compensating the victims of mesothelioma. You may also want to read Mesothelioma.