Medical Malpractice

If you are opening a new business, buying commercial insurance for it is an absolute must in most situations. Without the insurance, you are risking everything. In our litigious society, that is a very aggressive position to take.

Business insurance comes in many forms and is far more extensive and complex than personal insurance. There is insurance for health, disability, liability, and basically any "...ility" you can think of! In this article, we are going to focus on insurance covering the risk of lawsuits.

There are a large number of law schools across the country. These law schools send new lawyers into the world each and every year. In California, for instance, there are over 100,000 active attorneys in the state. These attorneys usually have bills to pay, including horrendous student loans. They are looking for work and that means bringing and defending lawsuits. Regardless of the part of the country you are in, businesses tend to be the targets of the lawsuits.

To counter this, business owners have the ability to protect themselves from lawsuits by forming a business entity. The choice boils down to a corporation or limited liability company for the most part. Each of these entities will provide a shield against personal liability, to wit, the personal assets of the owners will not be at risk.

There is a problem, however, that most business owners do not really think through. What about the assets in the business? You might own machinery, real estate, patents, trademarks, software, business secrets and so on in the business. All of these things are at risk and the business entity does not provide any protection for them.

Liability insurance is the answer to the above scenario. There is general comprehensive insurance policies for most businesses, but some are specialized to the industry in question. This is particularly true for professionals. Medical, accounting and legal professionals, for instance, all have malpractice insurance policies. In truth, they are the same type of policy, just with a different name.

A good general liability policy will provide you with two things. First, it will usually provide you with legal representation to fight the lawsuit. Second, it will pay any resulting lawsuit up to a certain amount. Obviously, you want to make sure you understand that amount!

Carrying insurance on your business just makes sense. The insurance is usually not particularly expensive, and it can save you a ton of heart ache if things go bad.

The spine is a very complicated structure. It is composed of twenty-four moveable bones (the vertebrae), five layers of music, nine common ligaments, the central and peripheral nervous systems, and various connective tissue. The vertebrae offer protection to the spinal cord. They are moveable and can twist and bend in a variety of positions. While this freedom of motion allows us to locomote and move our bodies in a variety of configurations, it also can set the stage for injuries. Joints that are pushed too far can suffer sprains and strains. Joints that don't get enough motion can get stuck. Abnormal gravitational loading on the joints and soft tissues cause degenerative changes such as arthritis and disc disease.

Chiropractic is the philosophy, art and science of natural healing. It is concerned with the integrity and function of the spine and nervous system. A doctor of chiropractic (D.C.) is a physician who is an expert at evaluating, diagnosing and treating problems with the spine. The process starts much like it would when visiting any other doctor.

There is some paperwork that is completed (including a description of the problem and a medical history). Then the chiropractor will have a consultation followed by an examination to discover the cause of the problem. In the examination, the chiropractor will do a variety of orthopedic and neurological tests. Following this, there may be diagnostic tests (such as x-ray, MRI, etc.). Then the chiropractor will diagnose the problem, give the patient a prognosis and present a treatment plan.

How does a chiropractor help to eliminate back pain? The prescribed therapies may vary greatly from doctor to doctor. These therapies may include chiropractic adjustments, physical medicine therapies (including ice, heat, decompression, massage, acupressure, ultrasound, electrical muscle stimulation, diathermy, infrared, traction, acupuncture), active care rehabilitation (stretching, exercises for strengthening and stabilization), and nutritional therapies (such as professional strength supplements designed to reduce pain and inflammation at the chemical and cellular levels).

The chiropractic adjustment is concerned with restoring normal joint motion, re-aligning the vertebrae, relieving pressure on the nerves (which may be pinched due to vertebral misalignment), eliminating muscle spasms, and of course eliminating pain. The doctor of chiropractic has four years of specialized training in the art of delivering adjustments. The adjustment is a low-force correction in which the chiropractor gently slips the bone(s) back into their normal position while restoring normal joint motion. Adjustments are almost always pain-free and result in an incredible sense of relief and well being.

Many people have never been to a chiropractor. They may not have ever even considered going to a chiropractor. They may have thought that chiropractic is a new concept or experimental and unproven. But what they didn't realize is that spinal manipulation is nothing new. It has actually been around for thousands of years. Hippocrates (the father of medicine) himself said "look to the spine as the source of all disease". While bone setting has been around for millennia (as opposed to traditional western medicine which has only been around for 300 years), chiropractic as a profession started in 1895. Today there are over 70,000 chiropractors in the United States. It is a science-based form of health care that has become mainstream and accepted by the medical and scientific communities.

Not only is chiropractic extremely effective and all natural, it is also the safest form of health care known to humankind. Chiropractors pay the lowest malpractice premiums of any doctor. The reason for this is clear - they don't injure people. There have been hundreds of research studies done to investigate the risk associated with chiropractic adjustments. And the results came back that chiropractic is safer than drugs and surgery. One research paper showed that a patient has 100 times greater likelihood of being injured from taking a Motrin than from getting a chiropractic adjustment. So if your back is hurting, give chiropractic a try. You have nothing to lose but the pain.

If there are alternative medicines and natural treatments that really work, why don't we hear more about them? I don't think there are many true conspiracies around, but this is one of those areas that makes me wonder. The movement between government posts and positions in the pharmaceutical corporations is well documented. This easy movement between the boardrooms and the FDA and other agencies certainly leaves room for abuse and "back door agreements."

More often than not, though, there is just a conspiracy-of-common-interest that prevents safe alternative medicines from coming to market, or from becoming widely known. For example, drug companies don't want the competition of safe alternatives to their drugs. Meanwhile, it is politically safer for the FDA to not allow a product, because if they approve something and it causes any problems, they get the blame. This is a convenient coinciding of interests.

Also, natural products, like silymarin (Milk Thistle Extract), which is used all over Europe to treat poisonings and to protect the liver, are legal here, but not well known. This is because, as a natural product, there is no way to patent it. Without being able to exclude others from selling it, no company can afford to spend the millions it would take to get it approved as a medicine here.

A natural product also can't be marketed heavily. Imagine if a large company spent millions to promote a medicinal herb. As soon as they got the public's attention, all the smaller companies could undercut them on the price, since they spent nothing on marketing, and a plant product is usually the same no matter what the name on the label. No company wants to spend big money on a product they don't have an exclusive right too.

When a plant isn't approved as a natural treatment, there are no pharmaceutical reps out there educating doctors about it (Didn't you know that's how doctors keep educated?). In addition, even if a doctor has read about a useful plant, he is more likely to face a malpractice suit for an allergic reaction to an alternative medicine than from killing someone with a "standard and accepted" treatment. Which do you think he'll recommend?

Companies face the same issues of liability. In addition, the companies are limited in what they can say about these natural products. This is why you can look all over the box that some plant medicines come in, and never once see a mention of what it is for. It is tough to learn about these natural treatments, isn't it?

In other words, if you want to know about alternative medicines and medical treatment, you have to look outside the mainstream for your information. You have to read the magazines that cover these alternatives, and sometimes, when it is safe, you have to even experiment a little on yourself.

As for my own approach, I like to see that there is actually some real research that demonstrates a benefit. Anecdotal evidence doesn't mean much. People get better all the time, and credit whatever they happened to be using at the time. On the other hand, if it is inexpensive and safe, like eating blueberries to improve vision, I'll try almost anything once.

Do natural treatments work? Sometimes. I have twice removed skin growths from my face that may have even been precancerous. They were there for many years, yet it took just weeks to make them disappear using a simple and cheap natural product. I have also witnessed the fastest healing of a cut (on my foot) that I've ever seen, after applying a common plant to it. Some alternative medicines really do work.

In March 2013, Senators Jerry Moran (R-KS), Amy Klobuchar (D-MN), Susan Collins (R-ME) and Heidi Heitkamp (D-ND) introduced the S. 616, the Conrad State 30 and Physician Access Act, which enhances the State 30 (J-1 Waiver) program and makes it permanent. The American College of Physicians, the American Medical Association, the American College of Physicians, the National Rural Health Association, and many other organizations have voiced support for this bill. And with good reason... With the growing shortage of doctors nationwide and the aging population, many patients suffer long wait times to see a doctor or may not see one at all.

Nearly 27 percent of residents and fellows and 25 percent of all practicing physicians in the United States are foreign-born. This new bill can help reduce the physician shortage, particularly for medically underserved communities, by improving current immigration rules for foreign-born physicians. Some of the key provisions of the bill affecting the J-1 waiver program include:

• Makes the Conrad 30 J-1 Waiver Program permanent. Currently, the program is scheduled to end in 2015.


• Allows physicians to change employers before completing the required three-year medical service of the J-1 waiver. Under current law, a J-1 waiver physician may change employment midstream only if they can prove "extenuating circumstances" beyond his or her control. The new bill would allow the physician to change employment without this proof; however, an additional year of service in an underserved area would be required if the physician changes jobs.


• Protects immigration status of physicians whose contracts are terminated unexpectedly. Doctors whose employment is terminated would have 120 days to begin new employment in an underserved area before being considered out of status.


• Imposes specific contract requirements for J-1 waivers. The employment contracts must specify the number of on-call hours, indicate whether malpractice insurance is provides, and list the addresses of each work location. In addition, non-compete clauses would be prohibited, regardless of the State's rules.


• Increases the number of J-1 waivers based upon a formula. All states would receive an additional 5 waivers each time 90% of the nationwide waivers are used in a year (this calculation excludes States that receive fewer than 5 waivers in a year). Any such increases in the number would be indefinite until there is a 5% decrease nationwide compared to the last year in which there was an increase in the cap. However, once the cap reaches 45 waivers, no further increases can be made unless 95% of nationwide slots filled (any state that received at least 1 waiver would count in this calculation). The bill also creates an additional three (3) waivers per state that can only be used by academic medical centers, if the work performed by the doctor is in the public interest and regardless of whether the location is designated as a shortage area.


• Permits doctors to do their J-1 waiver service in any authorized work visa or work status. Current law requires physician to hold H-1B status during the J-1 waiver service period.


• Eliminate the two-year home country return requirement for spouses and children of J-1 physicians, allowing them to obtain other visas, including work visas.

Of course, it is unknown if and when the bill will become law. If you support the proposed changes in the bill, call, write, or email your congressional representative to urge approval of the bill. Visit www.senate.gov and www.house.gov for contact information.

Cook County nursing home lawsuits get filed at the Daley Center which is at 50 W. Washington St. in Chicago across from City Hall. So what is nursing home abuse?

Nursing home abuse occurs when a staff member or another resident causes physical, mental, or sexual injury or exploits a resident's financial resources. Examples of nursing home abuse include unexplained physical injuries like bruises, cuts, burns, broken bones or sprains.

Negligence occurs when a staff member or another resident fails to provide or withholds the necessities of life, including food, clothing, shelter or health care. Examples of neglect include bedsores, frozen joints, malnutrition, dehydration, hypothermia, heat stroke, or improper medications resulting in illness.

Illinois law defines a resident of a nursing home as a person 60 or older who is either a current, prospective, or former resident. Residents have the right to proper care, proper treatment, and to compensation if abuse or neglect occurs.

The Elder Abuse and Neglect Program responds to reports of abuse, neglect or financial exploitation of persons 60 and older. The Elder Abuse Program has 45 locations throughout the state that conduct investigations, work to resolve abusive situations, and provide services to victims.

Specifically for elder abuse and neglect allegations, Illinois has a program called the Long-Term Care Ombudsman Program to assist residents and family members. An ombudsman is an appointed official who investigates complaints of elder abuse or neglect. They inform residents and families of their rights, resolve complaints, and advocate for proper care.

In Cook County, The Chicago Department of Senior Services assists with claims of abuse and neglect against the elderly. It is located at 30 N. LaSalle, Suite 2320, Chicago, Illinois 60602-2586.

Malpractice lawsuits provide compensation for victims and act as a safeguard to ensure that proper standards are followed in the industry. If you or a loved one has suffered abuse or neglect, you should contact an experienced attorney to assist with your claim. All claims handled by abuse attorneys are investigated and pursued without any upfront cost to the client. Claims are pursued on a contingency basis which means that there is no fee unless the client wins. If the client wins, the attorney will recover a portion of the awarded damages. Through contingency fees, everyone can receive the best representation, regardless of his/her economic status.

The career of nursing is one of technical medical knowledge as well as compassionate people skills. The mix of the two skill sets give nurses a rare and highly valued combination of career qualifications. Altogether the area of patient care in a health facility or location such as a hospital or long term care facility is one more thing aspect of nursing that can be a highly in demand and lucrative profession known as certified legal nurse consultant. These professionals are highly sought after by lawyers who need their expertise in the deciphering of health records and evaluation of these records and how they might relate to the facts of a case under debate.

What are the requirements to be a legal registered nurse specialist? Of course the education of a registered nurse and the complete licensure and accreditation of the authorities in your locale are needed, the same as any nursing program. Additionally to that background there are a lot of classes that deal with the law and the legal system that are needed to get the profession change on track. If you wonder what kind of programs are at one's disposal, you can easily find them by checking online in a search.

There many classes that give the courses wanted to make the break from patient care to the court room and all of the research and preparation that will be required to testify as a knowledgeable witness when called to do so.

Some procedures that are done by a certified legal registered nurse authority's are research and preparation of legal papers that can be used in a proceeding or trial to support the client's responsibility regarding medical claims or health related issues. There are an array of case forms that may require the advice of the registered nurse and those types of cases can include, worker's compensation, health malpractice, product liability, or injury claims.

Recognized Legal Nurse specialist assignments can be well salaried and the salary is taking in to account the hours the professional has spent training and prepping to give their evidence to the judge. This is a job that offers a mixture of health and legal knowledge, and its a fascinating part of the nursing business.

Most seniors want to live out their lives at home. Finding home care for mom or dad can be difficult. One way to obtain access to quality in home care services is over through the Internet by searching keywords like in home care and the local city your aging relative lives.

Home care organizations include home health agencies; hospice; homemaker and home care aides; staffing and private-duty agencies; companies specializing in medical equipment and supplies, pharmaceuticals, and drug infusion therapy. Several types of home care organizations may merge to provide a wide variety of services through an integrated system. You can locate local home care organizations by visiting local registries and independent providers. Whichever way you choose to find help for an aging relative to help them stay in their homes longer, you must remember to complete a thorough back ground search on the agency before allowing them into your relative's home.

Some very important factors to consider when searching for Home Care In home services are: the quality of care, availability of needed services, personnel training and their expertise, and how the services will be paid. Before starting a search, it is important to determine which types of services you need. You definitely want the buy-in from your aging relative that they believe it's needed. You may consult with the relative's physician, a hospital discharge planner, or a social service organization, such as an Area Agency Office on Aging, for assistance in evaluating your needs. It's also a good idea to have an assessment completed in order to identify the type of home care provider most appropriate for the relative.

What to look for when choosing a Home Care Agency! Here are a few good tips on choosing one:

1. How long have they been in business in the community?

2. Does the home care agency have literature explaining its services, eligibility requirements, fees, and funding sources? Another good resource that gives helpful information about the Senior Provider is to ask for their annual report, if they have one.

3. Find out how the home care agency select and train its employees and caretakers? Does it protect its workers with written personnel policies, benefits packages, and malpractice insurance?

4. Are nurses or therapists required to do an assessment to evaluate your aging relative's home care needs? If so, find out what the assessment includes? Do they consult the patients physicians and include you, the family member?

5. How do they handle emergencies? What procedures are put in place for and emergency? Are their caretakers available to the aging relative 24/7?

6. Do they insure patients privacy? If so, how?

7. Get references and CALL them - such as doctors, hospital discharge planners, patients or their family members who has contracted for the services and check with community leaders who are familiar with the provider's quality of service.

These tips are very helpful when searching for in home care. We used these for my parents, since we lived at a distance and they required daily help. Don't be afraid to ask questions and do as much research on them as you possibly can.

I hope this helps.

Carol Marak

http://www.WorkingCaregiver.com

Caregiver Resources - Find Local Senior Services for Families & Seniors in Austin, Houston, Dallas, Fort Worth, San Antonio