Health Care and Social Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Health Care and Social.




Equally Deadly: ICU Misdiagnosis and Breast Cancer

An undiagnosed heart attack or stroke accounted for almost three of every four missed diagnoses that, had health care professionals correctly diagnosed the medical problem, could have saved the patient’s life.

Check Mailings Being Discontinued by SSA

In a move that is of interest to people who are retired or planning for retirement the Social Security Administration is implementing a cost-cutting measure that is expected to save United States taxpayers approximately $1 billion over the next 10 years. Beginning in March of 2013 the practice of mailing out monthly checks in hard copy form is being discontinued.

SSA Taking Steps to Save Taxpayers Money

Sometimes you can engage a paradigm shift that can provide economic efficiency in a rather simple but effective manner. This is something that the Social Security Administration has been doing and the timing is ideal. Retirement planning experts tell us that tens of thousands of people are joining the ranks of Social Security recipients monthly, and this growth will continue for years to come as the baby boomer generation reaches the age of Social Security eligibility.

Hungary to Offer Investment-based Permanent Residency for €250,000

A major development in Hungarian immigration policy affecting ’investor residency’ is anticipated imminently. On 27th October, 2012 the ruling party of Hungary submitted a Bill to Parliament, which would offer permanent Hungarian residency under preferential conditions for non-EU national investors willing to buy at least €250,000 of government bonds. The Bill is currently under consideration and is expected to become law very soon.

Social Security Going Electronic

Due to the aging of the baby boomers, there are approximately 10,000 people applying for Social Security benefits every day. This volume of applicants will continue for the next 20 years according to elder law experts. Of course, there are already millions of people collecting Social Security benefits. Can you imagine how much it costs to mail out paper checks to even a small percentage of these individuals?

How to Avoid Becoming the Victim of Medicare, Medicaid, or Healthcare Related Fraud

The senior population in this country continues to grow, presenting even more viable targets for Medicare, Medicaid and other healthcare related frauds. As it stands now, this type of fraud costs the government billions of dollars each year. Help yourself avoid becoming a victim by learning what types of scams are out there, as well as what steps to take to avoid being victimized.

SSA Enacts $1 Billion Cost-Cutting Measure

The Social Security Administration expects to save somewhere in the vicinity of $1 billion by discontinuing the practice of sending out paper checks through the mail every month. This is a cost-cutting measure that makes a lot of sense to many people within the South Carolina elder law community. At the present time nine out of every 10 people who are entitled to Social Security payments are receiving them electronically so taking this final step will provide total efficiency.

SSDI Benefits for Disabled Veterans

Talking with Veterans Social Security disability attorneys in Raleigh can help you learn if you qualify for disability benefits through Social Security. You may also be able to receive veterans’ disability benefits. Veterans Social Security disability attorneys in Raleigh can help military service members determine the types of benefits they may qualify to receive. In addition to obtaining veterans’ benefits, some may also receive disability benefits made available through Social Security.

Understanding the Veterans Benefits

Understanding Veterans benefits can be difficult. Not only do forms need completed, you must choose a plan. There are also many legal considerations. Find out what information you need for application, what benefit suits your individual needs, and how pension is calculated.

Overcrowded Emergency Departments Leading to Hospital Malpractice and Doctoral Malpractice

Overcrowded emergency rooms have become a major problem with hospitals, resulting in an increase in medical negligence and medical malpractice. Overcrowding has become a serious problem in hospital emergency departments. This causes patients who need immediate medical help to sometimes wait hours for medical attention.

Assessing Your ADL through the Function Report Form

The role of the Social Security Administration (SSA) on your claim is to make sure that your disabling condition is severe enough for you to be granted disability benefits. Also, the federal agency’s evaluation of your claim looks at how your condition affects your activities of daily living, also called ADLs.

Fungal Meningitis: What You Need to Know

The New England Compounding Center, has recalled more than 17,000 doses of contaminated steroid injections and experts worry that as many as 14,000 patients could be at risk of contracting meningitis. As of this week, the deadly fungal meningitis outbreak has spread to 15 states, including Ohio. It has already infected 230 victims and killed at least 15 people.

California Medical Malpractice Lawsuit from a Medical Injury

If you or someone you love has been seriously injured because of the negligence of a nurse, doctor, or hospital, you may be wondering if you meet the thresholds for filing a medical malpractice lawsuit. This article will explain what thresholds are necessary to file a successful medical malpractice claim and how leading medical malpractice attorney Dr. Bruce Fagel proceeds with a medical malpractice lawsuit.

Turkey Pharmaceutical Sector: New Regulation of Promotion of Medicinal Products for Human Use

A new regulation has been published on Official Gazette dated 14 October 2012 that contains a number of changes have been made on Regulation on Promotion of Medicinal Products For Human Use to ensure that the companies promoting a medicinal product is monitored by the Ministry of Health in wide range of their promotion activities. The main changes to the regulation include:

Social Security Disability Hearing: Things You Should Know When Preparing for It

Waiting for your disability hearing may take months or years. If you have been denied your disability claim and you ended up on this stage of the appeals process, you must know that preparing for it will help you a lot once the disability hearing day comes. It would greatly benefit you if you understand what to expect of this important event, as well as the procedures and practices that come with it.

Anesthesia Errors and Injuries from Medical Negligence

Anesthesia mistakes happen with major operations as well as with common elective procedures. An anesthesia error can cause severe permanent brain damage or death to a patient. Anesthesia errors happen every day in hospitals, doctor’s offices, and surgical centers. Anesthetists and Anesthesiologists play a vital role in surgeries.

Why Wills - The Problem of Intestacy in Jamaica

You must not avoid writing your will. In fact, it is your voice after you death. Your family and loved ones will be certain of your wishes. A carefully written will can avoid your assets going to unintended individuals, eliminate contests over the distribution of your possessions, can be used to create a trust, economical relative to intestate administration, and a will can be easily amended to fit changing circumstances.

Contaminated Steroid Puts Thousands at Risk for Fungal Meningitis Death

The U.S. Centers for Disease Control estimate that as many as 13,000 people may have been injected with the defective drug, leaving open the possibility that the number of people infected with fungal meningitis will increase well beyond the currently known cases.

What are the Side Effects From the Drug Victoza?

Victoza is a prescription medication that helps lower blood sugar levels in adults with type 2 diabetes, otherwise known as adult onset diabetes. The drug is manufactured by Novo Nordisk, and it was approved by the Food & Drug Administration (FDA) in January of 2010. It functions by helping the body make more insulin and control glucose levels.

Reverse Mortgages vs. A Line of Credit – Which is Right for You

For many elderly Americans, the golden years are fraught with concerns over money instead of spent sitting on the front porch sipping iced tea. Social Security does not provide the average retiree enough income to live on comfortably. Employer sponsored pensions and retirement accounts are virtually unheard of anymore.

Litigation Goes Mental in Miami

This month, both former directors of the mental health care company American Therapeutic Corporation (ATC), Dr. Mark Willner and Dr. Alberto Ayala, were sentenced yesterday to 10 years in prison for participating in a $205 million Medicare fraud scheme.

Gastric Bypass Surgery Complications from Medical Malpractice

People considering a gastric bypass procedure need to understand that gastric bypass surgery is major abdominal surgery and with all surgeries comes risk of serious injury or even death. Gastric bypass surgery modifies a patient’s digestive system reducing the amount of food a patient can eat.

Hospital Liability for Wrongful Death

Common Types of Hospital Negligence: One common type of hospital negligence is when a patient becomes the victim of a surgical mistake. Mistakes can be the result of miscommunication, fatigue, inattention, or even rushing through a surgical procedure.

Kernicterus and Severe Jaundice in Newborns from Medical Malpractice

Kernicterus is a neurological condition that happens to a newborn with severe jaundice. It involves a high level of bilirubin, a substance created from the breakdown by the liver of old red blood cells that leaves the blood and builds up in the brain tissues. When the bilirubin enters the brain tissues, it causes permanent brain damage to the infant.

GranuFlo and NaturaLyte Dialysis Drug Recalls

The Food and Drug Administration (FDA) recently issued a class I recall of two drugs manufactured by Fresenius Medical Care (FMC) for use during hemodialysis procedures. The German-based healthcare company is responsible for treating more than a third of the 400,000 dialysis patients in America. The two drugs, GranuFlo and NaturaLyte, are acid concentrate formulas that provide dialysis clinics an alternative to the handling and storage of large acid drums.

High Risk Pregnancy Causing a Birth Defect or Birth Injury

High risk pregnancies include premature delivery, multiple births, pregnancy induced hypertension (PIH), preeclampsia, vaginal birth after cesarean (VBAC), older women who are pregnant, a large infant, and other factors. Even though a woman may be in a high risk category, this does not excuse a doctor or medical professional for negligence.

Birth Control And Blood Clots: The Dangers of Yaz, Yasmin, Beyaz and Ocella

By July 2012, Bayer Pharmaceuticals had spent over $400 million to settle claims that its ‘wonder drug’ Yasmin-line of birth control is actually a very dangerous drug. In 2011, Yasmin was the 4th most-prescribed oral contraceptive in the United States and brought in $1.1 billion in sales for Bayer.

Life Sciences Law in Switzerland

This Q&A guide gives a high level overview of key issues including pricing and state funding, manufacturing, marketing, clinical trials, advertising, labelling, patents, trade marks, and product liability. This article was first published in the PLC Multi-jurisdictional guide to Life Sciences 2011 and is reproduced with the permission of the publisher, Practical Law Company.

Dovetailing Disabled Adult Child Benefits with Supplemental Security Income Benefits

A short window exists for a special needs child who is near age 18 to qualify for SSI by meeting the definition of disability. There is a distinction between SSI and DAC benefits. It is important to consult with an attorney who has expertise in both public benefits and special needs planning as both benefit rates and qualifications can and do change.

Dementia: Yes, It Can Happen to You

Some people are prone to adopting the "it will never happen to me" point of view, but these are the same individuals who often find themselves in difficult situations due to a lack of preparation. This is something to keep in mind when it comes to incapacity planning. Believe it or not,the likelihood of contracting dementia later in your life is very significant.

Medical Malpractice Responsible for Birth Injuries, Including Cerebral Palsy

Two major types of birth injuries can occur as a result of medical malpractice, these include a traumatic brain injury and a lack of oxygen to the brain of the infant. If a birth injury is the result of medical malpractice, you may have a medical malpractice lawsuit. A birth injury or birth defect can be one of the most difficult and stressful situations a family may encounter.

What You Should Know About Your Legal Health

Introduction As with your physical health, you can avoid problems by periodically checking your legal health. Areas to consider include contracts, consumer rights, estate planning, insurance coverage, retirement planning and wills. You should review your legal papers about once a year to see if the relevant plans and documents reflect your current needs.

It All Burns Down to Smoking

Persisting is clearly not the only answer when it comes to men, or smokers for that matter. In the case of Mrs. Elmer Perry, who begged and begged her husband, Mr Baker, to quit smoking, it seemed her efforts were truly for a lost cause. In 1993, months after being diagnosed with lung cancer, Mr. Baker died at age 65.

Pennsylvania Hospital Infections Rates Are Down

In a report released February 2012, the Pennsylvania Health Care Cost Containment Council stated inpatient infection rates at hospitals are down. This will surely affect the number of medical malpractice claims relating to infections by medical care providers which can cause people to die.

Hospital Malpractice and Doctor Malpractice

Hospital malpractice and doctor malpractice is an alarming problem that results in hundreds of thousands of patients losing their lives each year in the United States and medication errors which results in over 1.5 million Americans being injured as well. When doctors or hospitals are negligent with the medical care they provide to their patients, serious injuries or death can occur.

Does a Severely Injured Plaintiff Have a Right to Be in the Courtroom?

Defendants in cases involving severe injuries including brain injury, spinal cord, or burn injury, often request that the injured plaintiff is not present in the courtroom during the trial. The defense’s argument is that the plaintiff cannot contribute to the proceedings in any meaningful way due to the extent of the injuries.

Study Reveals Startling Hospital ICU Misdiagnosis Statistics

When a Patient Dies in an Intensive Care Unit, There Is a 28 Percent Chance That a Diagnosis Was Missed - When John Hopkins University School of Medicine researchers examined diagnosis errors in hospital intensive care units (ICUs), they expected to find some room for improvement in patient care. However, the lead author of the study, Dr. Bradford Winters, described the results as “surprising and alarming.”

How to File an Illinois Nursing Home Complaint

Often, people have not filed a formal nursing home complaint simply because they are unsure how or unaware that they can. A nursing home complaint can be filed when the negligence, misconduct, or abuse of a nursing home facility or caregiver causes you or your loved one to suffer. Filing a complaint should lead to an investigation into the facility.

Medical Malpractice: Be Aware of These Common Types of Emergency Room Errors

There are some common emergency room errors that are often caused by negligence that could lead to serious or fatal injuries. Demanding and fast-paced, an emergency room’s environment can unfortunately lead to errors. You may deserve compensation through a medical malpractice claim if you or someone you love has suffered serious or fatal injuries because of a preventable mistake.

How Hospital Negligence Contributes to Blood Transfusion Errors

Hospital negligence can lead to blood transfusion errors that result in injuries and even fatalities. Blood transfusion errors include: • Mislabeled blood; • The wrong patient receiving a blood transfusion; • The patient receiving the wrong blood type; • Hospital staff failing to respond to the signs and symptoms of a blood transfusion error;...

Birth Asphyxia and Birth Hypoxia from Medical Malpractice

Birth asphyxia and birth hypoxia happens if a baby doesn’t receive an adequate supply of oxygen before, during, or immediately following birth. Depending on the amount of oxygen the infant is deprived of, how long the event lasts, and how promptly and effectively the medical staff takes corrective action to repair the problem will determine the extent of damage to the baby’s brain.

Manufacturing Opportunities in Malta for the Generics Drugs Industry: History and Legislative Framework

Without doubt Malta offers significant opportunities for the generics drugs Industry and the evidence for this lies in the pharmaceutical patenting history of the country and in its legislative framework. The following events have played a major role in the history of patenting in Malta, and have actually shaped the present scenario regarding generic drugs in the country.

Gestational Hypertension and Pregnancy Induced Hypertension / PIH

Gestational hypertension or PIH can lead to a low birth weight for the baby or premature delivery which poses additional health risks to the child. If the hypertension becomes severe, it can lead to preeclampsia or eclampsia which can cause serious injuries or even death to both the mother and child.

Quick Facts about the Family and Medical Leave Act (FMLA)

Although we discuss the Family & Medical Leave Act on our website, we thought we would provide a second source of quick facts on the FMLA and provide links to some quick and easy-to-understand resources for anyone looking for more FMLA information.

First Mesh Implant Case Earns $5.5 Million in Damages

For some time, the FDA has been aware of side effects related to vaginal mesh implants. The first case involving these side effects went to trial in California and earned a multi-million dollar settlement. According to the FDA, complications with vaginal mesh implants are not uncommon. A vaginal mesh (also known as an urogynecologic surgical mesh implant) is a medical product used to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI).

Appealing a Denied Social Security Disability Insurance Application

Nearly two out of three Social Security Disability Insurance applications are denied the first time they are sent to the Social Security Administration for approval. Fortunately an applicant can request a review, reconsideration and appeal if his or her claim has been denied.

Wrongful Death in Pennsylvania

A motor vehicle accident, medical malpractice, poorly maintained premises or even a workplace accident that is due to a wrongful act, a negligent act, a violent act or neglect may give rise to a wrongful death lawsuit in Pennsylvania. A wrongful act, a negligent act, a violent act or neglect that results in death may give rise to a wrongful death lawsuit in Pennsylvania.

A Cure in Sight for Cerebral Palsy?

Cerebral palsy is caused by an injury to the brain before or during birth or in the first few years of life, and has no known cure. Recent studies that utilize a child’s own stem cells to repair damaged neural tissue, may provide new or renewed hope for vast improvement, and even a cure, for children diagnosed with cerebral palsy.

$78 Million for Delayed C-Section Resulting in Lifelong Injury: A Breakdown of PA Damages

Putting a dollar figure on a catastrophic event, particularly a birth injury that quickly turned what should have been a joyful day into a lifelong struggle with cerebral palsy is not easy and will never come close to putting a family back in the same position it would have been but for the negligence of another.

The False Claims Act – Application of the Lincoln Law to the Health Care Industry

  By Ruder Ware
The False Claims Act was originally focused on the defense industry during the Civil War. It was later expanded during the defense industry scandals of the 1980s. Now, the law is being applied liberally in the health care industry with very severe potential consequences for health care providers.

Medical Director Compensation and Compliance

  By Ruder Ware
Compensation to medical directors has become a 'hot-button" compliance issue. If not properly structured and monitored, a medical director arrangement can become a major compliance problem. Health care attorney John Fisher discussed some of the recent cases addressing medical director compensation and what they mean to health care providers.

Medical Director Compensation and Compliance

  By Ruder Ware
Compensation to medical directors has become a 'hot-button" compliance issue. If not properly structured and monitored, a medical director arrangement can become a major compliance problem. Health care attorney John Fisher discussed some of the recent cases addressing medical director compensation and what they mean to health care providers.

Clinical Integration and the Rochester Network Advisory Opinion

  By Ruder Ware
The Rochester Network Advisory Opinion is one of the few sources that we have to get a glimpse of what is required for a health care organization to "clinically integrate." Clinical integration is one method to reduce risk under the antitrust laws. Some of the details of the advisory opinion are discussed and analyzed by provider integration attorney John Fisher.

New Dialysis Risks: Pete Maughan on the Recall of Dialysis Drugs GranuFlo® and NaturaLyte®

A lot of questions have been raised following the recent developments concerning Fresenius Medical Care and their dialysis treatment products GranuFlo® and NaturaLyte® after a memo was leaked to the FDA in which Fresenius warned doctors about the potentially dangerous side effects of its products. To help clarify, Pete Maughan, a Chief Medical Liaison at LegalHelp.org, has laid out the facts of the case and brings us up-to-date on the latest developments.

Overview: Statute of Limitations for Medical Malpractice Claims

If you have a valid medical malpractice claim, act now before the time limit. Call an Elyria medical malpractice attorney about statutes of limitations. Medical malpractice occurs from negligence caused by medical professionals and/or staff. It can refer to botched surgeries, unnecessary medical procedures, improper administration of medication, disability, impairment or even death.

Dangerous Drugs During Pregnancy: Injuries and Illnesses

Common prescriptions can be dangerous drugs for your unborn child during pregnancy. Almost all pregnant women know to stay away from illegal drugs while pregnant because of the risk for birth defects in their unborn children, but what about prescription drugs? If they are relatively safe for you to use when you’re not pregnant, shouldn’t they be safe when you are pregnant? Unfortunately, the answer is no.

Alternative to Assisted Living Facility

The idea of being uprooted and moving into an assisted living community is not an especially pleasant one for many senior citizens. People become attached to their homes and this can be particularly true of elders who may have stored so many memories within these friendly confines.

Planning for Medical Emergencies

Planning for a medical emergency is one of the most important things you can do for you and your family. After all, life is unpredictable and even healthy people can suddenly become ill. Add to that the possibility of an accident or unexpected disability and you see how you could suddenly find yourself incapacitated, unable to make decisions about your life and your property.

Your Former Spouse and Social Security Benefits

Did you know an ex-spouse can receive Social Security benefits on your record? A lot of people are not aware of this rule. However, there are some conditions that must be met before an ex-spouse can do this. In order for your ex to collect benefits based on your record, the following conditions have to be met.

Arthritis Warning Signs You Need to Know

Arthritis can strike at any time, though it most typically affects people over the age of 60. There are many forms of arthritis, and while there aren't cures for this condition, there are effective treatments that are best begun at the early stages of the disease. If you notice any of these common arthritis warning signs or symptoms, you should make an appointment to meet with your doctor so you can be evaluated for possible arthritis.

Do Damage Cap Laws Pass Constitutional Muster?

Nearly 30 states currently limit the amount of damages that can be received in a medical malpractice lawsuit, according to the American Medical Association. States with damage caps vary wildly in their limitations and the types of damages that are limited. For instance, California limits non-compensatory damages at $250,000, while Nebraska limits total damages at $1.75 million.

Fosamax: Cure or Cause

One fact is that women are five times more likely to get osteoporosis than men. Physicians know there is no way to stop osteoporosis or to cure osteoporosis. Physicians do know that their patients can slow down this process by taking enough calcium, vitamin D, exercising, not smoking and limiting alcohol intake to no more than one glass per day.

San Francisco Defective Products Attorneys Protect the Rights of Those Injured by Faulty Products

San Francisco defective products attorneys know that by law, manufacturers and designers of products are responsible for ensuring those products are safe when used properly by consumers. However, each year thousands of people are injured due to defective or malfunctioning products, or those that are inadequately labeled.

Can Obesity Be Considered a Disability for Social Security Claims?

If properly documented by a physician, obesity can be the basis or contributing factor in a disability finding. For obesity to factor in, it must be determined that it represents a “severe impairment” either by itself or with other medical impairments. Obesity will be deemed a severe impairment if it significantly limits an individual’s ability to do basic work activities.

Identity Thieves, Scam Artists Often Target Elders

There are things that can be done to protect your assets during the latter stages of your life from a legal perspective, and you should discuss your options with a good Oklahoma City elder law attorney. At the same time, each individual must take personal responsibility to protect your assets and yourself. Awareness is key, and one growing problem that seniors must protect themselves against is elder financial abuse.

Elderly Depression - What to Look Out For

For elderly Americans, depression often goes undiagnosed and untreated because many people do not recognize the symptoms. Elderly people are prone to develop depression for a variety of reasons. Anything from chronic back pain to the loss of independence caused by medical conditions can lead to depression or make depression more serious.

Federal Medicaid Fraud Audit Program Has Negative Returns

A recent report from a government watchdog group shows that a federal Medicaid audit program designed to curtail some of the $60 billion a year lost to Medicaid fraud has actually cost more money than it saved.

Elderly Parents May End Up Costing Children

With many baby boomers reaching retirement age every day, proper financial planning is becoming increasingly more important. But for many boomers, proper financial planning may involve being able to cover the expenses of an elderly parent. Though many people do not realize it, about 30 states have filial responsibility laws. These laws require the adult children of indigent elderly parents to pay for their care if the parents cannot.

Understanding Social Security and Its Future

Most of us have heard all the dire warnings about the future of the Social Security retirement program. Some analysts tell us that the program will cease to exist within just a few short years. Others tell us that beneficiaries are certain to see reductions in benefit checks while still others tell us not to worry--a solution is just around the corner.

Medi-Cal Eligibility: Expert Guidance is Essential

Many people are surprised to hear that Medicare will not pay for residence in an assisted living community or a nursing home. This is a pretty bad news because simply writing a check would be painful at best, and impossible at worst.

Illinois Court on Proving Liability for Medical Malpractice

Oftentimes, physicians are employed by more than one medical institution. This can make it difficult establish liability for negligent treatment in medical malpractice cases, since it is sometimes difficult to prove which hospitals employed a physician for the purposes of the negligent conduct at issue.

3 Financial Questions about Life-Threatening Illnesses

An article in Forbes recently highlighted some of the important financial issues that those who have been diagnosed with a serious or life-threatening condition should consider. Though financial questions may be the last thing you want to think of if you are facing this situation, ignoring these issues won't make them go away. If you face them now, your family and loved ones may have an easier time of it later on.

Misbranding Depakote

A recent headline announced that Abbott Laboratories must pay over $1.6 million for misbranding the prescription drug Depakote. The total included a criminal fine and civil settlements with the states and federal government. In addition, Abbott has agreed to pay 45 states in order to resolve liability under state consumer-protection laws. Acting Associate Attorney General Tony West stated that Abbott put “profits ahead of patients.”

Equity in Apportioning Blame: Market Share Liability, Explained

Market share liability is a unique concept in the United States and is only applicable if and only if the product is fungible. It was first applied in the landmark case of Sindell vs. Abbott Laboratories where the victims developed cancers from the defendant’s DES, an active ingredient used to prevent miscarriages.

Hospital Malpractice and Doctor Malpractice

Examples of medical malpractice caused by doctors or hospitals include medication errors, surgical mistakes, misdiagnosis, ordering the wrong tests, misinterpreting the results of a test, misinterpreting a patient’s medical chart or misreading equipment monitoring a patient.

Audits Targeting Medicaid Abuse Fall Short

A recent report issued by the Government Accountability Office, the nonpartisan research arm of Congress found that a federal program designed to combat Medicaid fraud has resulted in cost greater than the amount of fraud the program identified.

Financial Moves for the Terminally Ill

A recent article in Forbes points out that the terminally ill face several financial and estate planning questions that, though not often spoken about, are very important. If you've been diagnosed with a terminal illness, it’s important to speak to an estate planning attorney as soon as possible so you can begin addressing key concerns that will not only affect you, but also your family.

Qualifying for Medicaid without Committing Medicaid Fraud

For many senior citizens, the cost of medical care and services is a big concern. Often, healthcare plans that were in effect while working are no longer available or are financially out of reach. Many elderly Americans turn to the Medicaid program for assistance. Qualifying for the program can be difficult for an individual who has even minimum assets.

Government Medicaid Audits Cost 5 Times What They Recover

In 2008, the federal government launched a Medicaid audit program designed to curtail the estimated $60 billion a year that Medicaid loses to fraudulent claims and overpayments. Since its inception, the program has performed about 1,550 audits, resulting in the identification of about $20 million worth of Medicaid overpayments and fraud.

Popular Medicaid Myths

The idea of having to move into an assisted living community or nursing home environment is not appealing to a great many people. However, it’s estimated that about 43% of everyone age 65 and over will use a nursing home at some point in their lives. Paying for nursing home care is often very difficult, and these expenses are not covered under Medicare.

Fraud Continues to Plague Medicaid System

Medicaid, the joint state and federal health insurance program designed to provide health care to the poor, needy, disabled, and elderly, loses billions of dollars in losses every year. Soon, that number may soon increase when the Affordable Care Act expands Medicaid coverage to millions more Americans. Of the $400 billion spent on Medicaid last year, it’s estimated that about 8% of it was lost to fraud and abuse.

Are Home Births Dangerous?

There is conflicting evidence about the safety of home births versus the risks. What cannot be denied however is that there is an increasing trend of delivering at home. Something that started off as a pseudo-hippie trend is now being followed by fashionable mothers, who seem to subscribe to the belief that delivering a baby at home is safer, more spiritual and can actually help them become better mothers.

Successful Hospital Fall Prevention Strategies

A strong reporting initiative that encouraged hospitals to report the number of fall accidents that occurred in their facilities is being credited with an improvement in hospital fall accident rates in Pennsylvania. Experts now recommend that the strategies be employed in other hospitals across the country in order to see similar progress.

Surgical Site Infections Add to Hospitalization Costs

Patients who develop a surgical site infection are more likely to be re-hospitalized, adding millions of dollars every year to American health care costs. According to the results of a recent analysis, preventing surgical site infections could save the US healthcare system approximately $65 million every year.

Z-Pak Linked to Sudden Heart Attacks

The antibiotic Zithromax (Z-Pak) has been linked to sudden Heart Attacks. The law firm of Rudolph F.X. Migliore, P.C. is investigating cases of Zithromax Heart Attack. Azithromycin (Zithromax or Z-Pak) is an antibiotic in the macrolide drug class commonly prescribed to those with sinus infection, bronchitis or pneumonia.

New Study Confirms Actos Bladder Cancer Link

The diabetes drug Actos has been linked to Bladder Cancer. Litigation is now underway as a new study confirms the actos bladder cancer link. Pioglitazone (Actos) is an antidiabetic agent in the thiazolidinedione drug class. The British Medical Journal published an article May 31, 2012, stating that pioglitazone has been found to be associated with an increased risk of bladder cancer development according to a case-control study.

Canada Warns its Citizens of Actos Bladder Cancer Risks

The diabetes drug Actos has been linked to Bladder Cancer. Litigation is now underway and Canada recently warned it's citizens of this risk. As more and more patients are reporting the development of bladder cancer, Canada adds themselves to the list of nations that are warning their citizens of the severe risks of using Actos for a long period of time.

Infuse Bone Graft Dangers

The Infuse Bone Graft by Medtronic has been used off-label and been associated with major side effects. Can you imagine how it would feel to have to fight for every breath? How would you feel if swallowing became so difficult and there was no relief in sight? This is the fate of thousands of patients who suffer side-effects after surgical implantation of a Medtronic Infuse Bone Graft placed in the cervical spine.

As More Boomers Retire, Retirement Homes Scramble to Change[1]

The generation that grew up in the postwar economic boom is bringing with it new expectations as it enters retirement at a rate of 10,000 people per day. Just as they drove change in American society as they took leadership roles in business, academia, technology and government. Baby boomers are changing the way retirement communities and senior living centers serve the needs of elderly Americans.

Fraudulent Medicaid Claims Decreasing, but Still a Problem

As states across the country continue to struggle with solving their Medicaid funding problem, fraudulent Medicaid claims continue to plague the system. Last year alone, the federal government lost about $22 billion of Medicaid funds because of fraudulent claims. Because Medicaid is a jointly funded federal and state program, state losses are also thought to be significant.

When is Medicaid Planning Actually Fraud?

If you have heard claims such as “protect your estate assets and still qualify for Medicaid” and wondered about the legality of the claims, you are smart to do so. Although it is possible to legally protect many of your assets and still qualify for the Medicaid program, it must be done carefully, and with the help of an experienced elder law attorney, in order to prevent Medicaid fraud.

OPM Disability: How Can I be Sure that my “Physician’s Statement” Contains Everything I Need for OPM Approval?

If you’ve already begun the process of applying for CSRS or FERS disability retirement benefits, then you’re probably intimately familiar with Standard Form 3112, “Documentation in Support of Disability Retirement Application.” For those who aren’t, there’s a section in the application called “Physician’s Statement,” which must be completed by your doctor.

Medical Malpractice Areas Responsible for Causing Birth Injuries Part 2

Part 2 of a two part blog about birth injuries from medical malpractice. Part 1 was posted June 25th. This is part two of a two part article about birth defects and birth injuries from medical malpractice (part 1 was posted June 25th). If your baby has birth defects as the result of medical malpractice, you probably have a number of questions. Dr. Bruce Fagel handles many types of medical malpractice claims involving birth injuries to newborn infants:

Are You Aware of Medicare Limitations?

It is a rude awakening when you start to reach middle-age and find that you are not prepared for retirement. One of the reasons why far too many people find themselves in a bad position is because they expect too much from Social Security and Medicare.

Medicaid Fraud Continues to Plague System

With state budgets increasingly tight and Medicaid set to expand drastically in 2014, many lawmakers are looking for ways to decrease the impact Medicaid has on state budgets. One of the possible avenues some lawmakers are considering is further decreasing the extent to which Medicaid fraud impacts the joint federal and state program.

Declining Patient Rights and Medical Malpractice Reform

The real outcome of tort reform is the limiting of sick and injured people’s rights and the stunning profits of insurance companies. The National Practitioner Data Bank has caused much consternation among providers of medical services since its inception. While the complaints come in many forms, they all likely stem from the grim picture the data paints of the quality of medical care throughout the United States.

Medicaid Fraud Accounts for Billions Lost Each Year

The costs associated with the growing number of Americans who have fallen into poverty and are relying upon Medicaid for health care insurance are being complicated by the money lost to Medicaid fraud each year. It's estimated that the federal government alone lost about $22 billion of Medicaid funds last year to fraudulent claims.

Common Questions about Medicaid Planning

While many people make Medicare coverage part of their retirement plan, not everyone knows that Medicare doesn't pay for long-term care coverage. While some people plan on using long-term care insurance or private payment options if they ever need to relocate to a nursing home or assisted living environment, you may be able to use Medicaid to pay for the care costs as well. Let’s take a look at a few common questions about Medicaid planning and how it can help you.

Medicaid Planning and Filial Responsibility Laws

While planning for retirement, many people focus on the money they'll need to support themselves and their family after they stop working. What few people plan for is the possibility that they will have to pay for their elderly parent's nursing home expenses. Though not widely reported, about 30 states have laws that allow nursing homes and other extended care facilities to pursue the adult children of someone staying in the care facility.

Future Health Care Expenses Can Be Considerable

When you are enjoying your prime earning years you have a certain amount of financial power. Once you retire you may find yourself living on a fixed income with little flexibility available to you. As a result you must look ahead toward the future when you are still working and plan ahead intelligently so that you can enjoy your retirement years to the fullest without any financial concerns.


Find a Local Lawyer