Health Care and Social Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Health Care and Social.
Children with developmental disabilities reach developmental milestones such as crawling, walking, talking, social behaviors, and learning, later in life than other children. Developmental disabilities and mental retardation are terms referring to individuals with significant impaired cognitive functioning. These terms describe lifelong disabilities with mental or physical impairments.
Social Security disability insurance is specifically designed to help people who suffer from certain severe conditions. There are two major factors that dictate who can qualify for disability benefits from Social Security Insurance. These two factors are an individual’s job situation and physical impairment.
Anyone over the age of about 40 should be aware that the Social Security retirement system has problems. We have all heard the warnings. Unless you are a financial analyst, you likely don’t know what to make of all the warnings. Will the system disappear entirely before I retire? Will the benefits decrease? Are the warnings unfounded?
The Medicaid health insurance program is designed to provide medical coverage to the poor, so it should come as no surprise that during the recession of 2007-2009 the number of people using Medicaid increased dramatically. According to a study released in early May, Medicaid spending during the recession increased by about 6.6 percent per year.
Though the recession officially ended in 2009, states are still struggling to cope with the massive increase in Medicaid expenses associated with the recent economic downturn. Between 2007 and 2009, Medicaid expenses rose by an average of 6.6 percent per year, according to a new study from the Kaiser Foundation, a nonprofit organization.
It can be difficult to understand Social Security disability. To learn more about eligibility requirements, contact a Dunn Social Security disability attorney. Most people don’t give much thought to the possibility of becoming disabled. However, when it does happen and it interferes with your ability to work, you may decide to pursue Social Security disability benefits. Before you begin the process, consult a Social Security attorney in Dunn, North Carolina.
Medical malpractice refers to any doctor or practitioner that fails to meet the government standard of health care which then results in a misdiagnosis, improper treatment, or an unlawful delay in treatment. If any patient is either injured or killed by the malpractice of a health care professional, the family may have ample grounds to file a lawsuit against that doctor.
Brain cooling is a procedure which is helping infants suffering from HIE to reduce brain damage, including reducing the chances for cerebral palsy and death. During gestation, if a newborn is asphyxiated before or during birth, the lack of oxygen to the brain can cause a condition called HIE to develop. HIE stands for hypoxia (a decreased amount of oxygen), ischemia (a decreased amount of blood perfusing the brain), encephalopathy (any dysfunction of the brain).
The purpose of the issuance of Government Regulation Number 33 of 2012 on Exclusive Breast Feeding (“GR No. 33/2012”) is to implement the provisions of Article 129 paragraph (2) of Law Number 36 of 2009 on Health (“Health Law”).
In order to sue a contractor or employer in a scaffolding or crane construction accident, you must prove which section of the Labor Code was violated. Here, it’s important to work with a construction accident attorney who can use accident investigators, collect eyewitness testimony, and expose contradictory statements on the part of construction companies and contractors.
In the case of Erb’s palsy, the network of nerves running from the base of the neck through the shoulder can be stretched or broken during birth. Since this network of nerves is responsible for providing movement and feeling to the arm, hand, and fingers, injury to the brachial plexus can result in Erb’s palsy. When the upper nerves of the brachial plexus are injured, a baby may not be able to move his shoulder even though he may be able to move his fingers.
The lingering effects of the recent economic downturn are still being felt as states continue to struggle with their Medicaid budgets. A new study released in early May from the nonprofit Kaiser Foundation reports that the number of Americans seeking healthcare through the Medicaid program increased dramatically between 2007 and 2009.
As more drug developers continue to conceal the potential risks of new drugs or medical devices, the frequency in which personal injury lawsuits are being brought up against them is exponentially increasing. It seems that more and more cases of dangerous drug liabilities and defective medical devices are coming to light in recent years.
When a family loses a member of their family because of the negligence of a doctor, nurse, or hospital, they have a right to be compensated. Wrongful death claims protect the dependents of the patient who died by providing them with compensation for both the economic as well as the non economic losses they suffered as a result of the wrongful death.
It can be challenging to wrap your head around the possibility that a time may come when you may be in a much different mental and physical state than you are at present. Different stages of life bring certain eventualities along with them, and it is far easier to face them if you are properly prepared.
Shanghai Human Resources and Social Security Bureau issued the New Standard of Social Security Payment in Shanghai (the “New Standard”) on March 31st, 2012. The New Standard has come into effect on April 1st, 2012 and will expire on March 31, 2013.
Let's say you've gone through the trouble of writing your will, readying your powers of attorney, and have developed an estate plan that meets all of your needs. What happens if you suddenly need to move into a nursing home? Will your estate plan be able to protect you and your assets from the often extreme costs associated with extended care living?
An estimated one out of every five American adults, or about 50 million people, will experience arthritis at some point. Though it's commonly believed that arthritis only affects the elderly, about half of all arthritis sufferers are under the age of 65. Early arthritis warning signs are often key in developing appropriate preventative measures, so if you notice any of these arthritis red flags you should speak to your doctor as soon as possible.
Cerebral palsy and Erbs (brachial) palsy are two of the most common forms of birth injury. A birth injury is any damage sustained by a mother or infant during labor and delivery, and can range from mild bruising to more serious injuries resulting in brain damage. Most often, cerebral palsy and Erbs palsy develop during the delivery of the child, but sometimes cerebral palsy may develop before or after the child is born.
Some recent examples of nursing home horror stories from New York State and beyond are listed here. There are frequent news stories about the terrible conditions and treatment found in some of the nation's nursing home and assisted living facilities. Some recent examples are listed here:
Hyperbilirubinemia, kernicterus, and cerebral palsy can all occur from Jaundice, which happens as a result of elevated bilirubin levels. Parents and medical professionals need to watch for the warning signs. There are many potential dangers a newborn child faces when entering this world. Examples include hyperbilirubinemia, kernicterus, and athetoid cerebral palsy just to name a few. All of these conditions can be traced to an elevated and untreated level of bilirubin in the baby’s blood.
Dementia is a symptom of Alzheimer's disease, though it can also occur as a result of other medical conditions. Alzheimer's and dementia produce memory loss and a general cognitive impairment. Here are three common warning signs that Alzheimer's patients typically show. If you notice any of these in yourself or in a family member or loved one, you should consult a physician as soon as possible.
Brachial plexus injuries very often occur during difficult births, and can result in damage to the infant’s arms and shoulder region. Often, the damage is temporary, and there will be no lasting damage to the health of the child. However, in some cases, the condition can have a long-lasting impact, and can substantially reduce movement and mobility in this area.
Most people when they think of long-term care think of care in a nursing home. The majority of people only enter a nursing home when their needs can no longer be met outside of a treatment facility. Home based and community services are a range of services that allow people to remain in their homes and retain their independence for as long as possible.
India and Vance had been married for 27 years at his death. When she turned 62 she applied for widows benefits. Social Security requires as part of the application for Widows benefits that she show proof of marriage. India could not find her marriage certificate. She requested a copy from the Bureau of Vital Statistics in the state where she and Vance were married and was told they had no record of her marriage. What does she do now?
When you are planning your estate it is important to address all of the matters that are relevant to people who are entering their twilight years. While it is true that the financial aspects of estate planning are important, the health care component is key as well, and since people here in American are living longer than ever it is logical to be prepared to live into our late eighties and beyond.
During incapacity planning you may use a Durable Power of Attorney for Health Care and a Durable Financial Power of Attorney to handle your personal and financial matters in the event that you become disabled. Through each of these documents, you may name an agent to make decisions for you. So, wouldn’t it be simpler to make just one document for both purposes? It might seem so, but really it is best to state these needs in separate documents.
A Medical Power of Attorney (POA) or Durable POA for Health Care is a legal document that allows you to provide a plan for your medical care when you can no longer manage decisions on your own. The basic purpose of a health care POA is to name a health care agent and list his or her duties.
The chance that a person will develop Alzheimer's disease increases significantly after the age of 65. Almost one out of every eight people will develop Alzheimer's disease. Though there is currently no treatment for this condition, you can look out for the common warning signs associated with Alzheimer’s. The following are a few examples:
We have all heard the warning for years now about the Social Security retirement system. Some analysts issue warnings that are dire predictions of doom while others tell us that the problem can be fixed. So do you need to be worried and if so what can you do about it?
As Americans continue to eat more, exercise less, and gain more weight, the rise in obesity is having a widespread effect on everything from gas prices to healthcare costs. Recent studies show exactly how pervasive this effect is and how much more all Americans spend on healthcare because of the rise in obesity rates.
As people continue to live longer and medical science continues to make improvements, elderly people often face a range of legal topics that younger people typically do not have to deal with. Elder law attorneys are lawyers who specialize in knowing how specific areas of the law impact their clients and what people can do to protect themselves as they get older. Let’s take a look at some of the most common areas that elder law attorneys deal with.
According to the Alzheimer's Association, there are a variety of warning signs and symptoms that may indicate the onset of Alzheimer's disease. If you notice any of these symptoms, you should contact a doctor right away. Though many of these symptoms mimic age-related problems that almost all elderly people experience, Alzheimer’s disease symptoms are typically more significant than the common ailments associated with growing older.
A Raleigh Social Security disability attorney can help you with the Social Security disability process of applying and demonstrating need for your benefits. The Social Security disability process can be both frustrating and harrowing, particularly if you have already been rejected and denied benefits in the past. Fortunately, a Social Security disability attorney can help you with:
Medicaid is the federal program that provides healthcare benefits to a wide variety of people including uninsured individuals with low income, pregnant women, certain children and disabled individuals, and senior citizens who need nursing home care. However, in order to receive Medicaid benefits individuals must meet financial eligibility requirements.
A friend or family member has become incapacitated, physically or mentally, and cannot take care of themselves and their finances. You want to step up to help. What can you do to become their guardian? First, get an attorney to help you with the process. Have a complete understanding of the health, living conditions, and finances of the person you want to help.
Dependent Social Security disability benefits can help family members of someone who is disabled. A North Carolina Social Security disability lawyer explains who can qualify. Depending upon your work, there are specific members of your family that may qualify for benefits, which include the following:
A state agency will review your Social Security Disability application. It must meet work and disability standards for benefit approval. If your claim has been denied, talk to a North Carolina Social Security disability lawyer. When you apply for Social Security disability, the primary goal of the Social Security Administration is to determine if you are disabled and unable to work due to the severity of your disabling condition.
If you have a Revocable Living Trust, you know that it can serve as an essential incapacity planning tool. If you’re ever disabled – through illness or injury – to the point that you can no longer manage your own financial affairs, your Disability Trustee can step in and take over your trust property. However, if a Revocable Living Trust is the only estate planning tool in your incapacity plan, then there are probably gaps that need to be filled.
Everyone has heard of Alzheimer's disease, a debilitating condition that causes dementia among our nation's senior citizens. People who suffer from dementia can find it difficult to understand certain concepts, and as a result they can find it impossible to make sound decisions for themselves.
The Ministry of Human Resources and Social Security issued the Tentative Measures for Social Insurance Enrollment of Foreign Employees in China (Draft for Comments) (the "Tentative Measures") on June 10, 2011. The main contents of the Tentative Measures are as follows:
Statistics indicate that a high percentage of people who are approaching retirement age are simply not ready, and many seniors will never be able to retire. If you ask each individual who is unprepared how he or she got into this predicament, you will get a variety of different answers. But without question, a lot of people find themselves lacking because they expected too much from Social Security and Medicare.
In many states, the statute of limitations for pharmaceutical injury lawsuits is one year, and we believe the manufacturer of Actos will argue that the statute of limitations began running on June 15, 2011, when the FDA issued a warning about the link between Actos and bladder cancer. Thus, patients who developed bladder cancer while on Actos should contact an attorney immediately to ensure their claims are preserved.
It may be human nature to avoid subjects that are not especially pleasant, and this is one of the reasons why people often procrastinate when it comes to incapacity planning. Though it is not hard to understand why someone may prefer to avoid the topic, if you do you are putting yourself and your family members in a vulnerable position.
Most people have watched an episode of 60 Minutes at some point in their lives and are familiar with Mike Wallace who recently passed away at the age of 93. Wallace's son recently stated that his father suffered from dementia before he passed away. It’s never easy watching a family member who has dementia. It’s particularly hard when the proper planning has not been done before the family member gets dementia.
What are retrospective audits? Once insurance claims are settled, physicians’ practices hope, and probably assume, that the claims won’t be revisited. The American Medical Association (AMA) and American Academy of Neurology presented a cautionary report, updated in 2010, warning physicians that insurers may be taking a backward look at previously settled transactions from even years earlier.
Social Security disability qualifications will depend on your work situation and the severity of your impairment. A Social Security disability attorney in Raleigh, N.C., may be able to help. In order to obtain disability benefits, there are Social Security disability qualifications that you must meet. Even then, you will need to be able to support this with ample evidence.
The Need for Stroke and Heart Attack Medication - According to the Centers for Disease Control and Prevention, stroke is the fourth leading cause of death in the U.S. Healthy blood vessels allow oxygen and other nutrients to flow to the brain. When a clot is formed that blocks the brain’s input of blood, a stroke may result, resulting in mild, moderate or severe impairment - or death.
Pradaxa is an anticoagulant, or blood thinner, that was approved by the FDA in Oct. 2011 to prevent blood clots in patients who experience atrial fibrillation, or irregular heartbeat. When the heart does not beat in a regular, healthy rhythm, blood may collect in the heart and clots may form as it collects. If a clot is pumped into the bloodstream and it reaches the brain, a stroke may result. Pradaxa was designed to thin the blood, allowing it to flow freely without clotting.
Medical negligence is defined as the act or omission in treatment of a patient by a medical professional, which deviates from the accepted medical standard of care. Medical malpractice is negligence whereby a medical professional did not take the proper action required in a reasonable amount of time and this negligence caused injuries to the patient.
Victims of injuries and wrongful deaths resulting from negligent or, sometimes even malicious behavior for doctors and/or other medical professionals, in general, tend to just quietly accept whatever settlement these medical professionals, and the insurance company, offer them.
Have you ever considered what might happen to your assets if you have to go into a nursing home for a long term stay? Nursing home care is extremely expensive.The time to plan for it is long before you will ever possibly need it. Waiting until you are sick is too late. Medicaid will pay for long term care in a nursing home.
As you get older, different laws have a greater or lesser effect on your life. Elder law is simply a phrase used to describe all the legal issues that affect people as they age, retire, and die. Let's take a look at some of the more common issues that elder law attorneys deal with.
The Social Security Administration uses the List of Impairments – or Blue Book – to determine whether or not an applicant is disabled. Consult a North Carolina disability attorney for guidance. The Social Security disability List of Impairments (also known as the “Blue Book”) plays an important role in the disability determination process.
When you are making your estate plan you may hear the phrase “elder law” but not really know what it means. Elder law is simply the collection of legal issues and topics that most often impacts the elderly. Creating an estate plan, for example, is one aspect of elder law, though the topic includes numerous other legal issues. Let’s take a look at some of the most common elder law issues.
Although you may not have any problems qualifying for your Social Security benefits once you reach retirement age, there is always a chance that you could be denied. If this happens to you, there’s no need to panic. You can appeal the denial and still stand a good chance of getting approved. In fact, over half of those denied Social Security benefits are approved after they appeal.
An Advance Medical Directive is an essential estate planning document that lets you communicate your wishes for end-of-life medical care to your doctors and loved ones. What kinds of situations does an Advance Medical Directive cover? It’s effective when you’re terminally ill or seriously injured and can’t speak for yourself to communicate your decisions and preferences concerning your medical treatment.
Tens of thousands of elders fall victim to some form of abuse every year, and the abuse is very often at the hands of caregivers or close family members. The signs of elder abuse can be hard to recognize, for a couple of reasons. First, many of the signs overlap with what appear to be normal signs of aging – frailty and mental decline.
When you have a child with special needs, many areas of your life require additional planning and special arrangements, and your estate plan is no different. If your child receives government benefits, you already know that there’s a cap on the amount of assets he or she is allowed to have and still receive those benefits.
Claiming for disability discrimination in the State of California is no easy task despite the implementation of laws protecting employees and applicants from workplace discrimination. There are two laws that protect individuals from employment discrimination based on disability—the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA).
A birth injury is one of the most heart-breaking situations a family can experience. A Birth injury can devastate a family and have a permanent impact on the lives of everyone involved. One of the most devastating events that can happen to a mother and family is experiencing a birth injury with a newborn baby.
In a relatively small number of hearings a medical expert, hired by the government, will give testimony at your Social Security hearing. This expert will be present for the entire hearing and will listen to your testimony before giving his or her opinions. The expert will have never examined you.
Senior citizens, who are admitted into a hospital intensive care unit and suffer from a hospital-acquired infection, have their risk of death increase by 4 times compared to those seniors who do not have any infection.
Cerebral palsy refers to a group of neurological disorders that affect muscle coordination and body movement. Cerebral palsy occurs from a lack of oxygen to the brain of the infant during labor or after delivery. It can also occur from premature delivery, infection, and head trauma. Approximately 70% of children who have cerebral palsy developed it due to an event before birth that interfered with normal brain development.
New cases of serious, uncontrolled bleeding in user of the prescription drug Pradaxa have surfaced. Pradaxa is used for stroke prevention in patients with atrial fibrillation. Lawsuits are now being initiated, contact our firm for a free case evaluation.
Despite all of the years of education and specialized training, reports show that 225,000 people die in the United States every year from negligence on the part of medical professionals. This number is relatively small compared to the even larger number of people who are injured or permanently disabled because of errors on the part of medical professionals.
Should you worry about protecting a large drug manufacturer who may have acted negligently to protect the profitability of their product, while your child suffered as of result of this negligence? We get this question lot: Should I hire a Zoloft lawyer? A lot of our clients don't consider themselves the 'litigious type' and thus can feel apprehensive about filing a lawsuit.
It is useful to recognize the fact that estate planning is just one aspect of elder law, and as elder law attorneys it is our job to stay apprised of all of the issues of the day that affect our seniors. One matter that has been getting a lot of attention recently is that of elder financial abuse, and it is something to keep in mind when you are engaged in planning for your twilight years.
No one likes to think about what would happen to them if they were injured or became ill and could no longer make medical decisions for themselves. But it happens to people of all ages, every day. If you don’t tell your doctors and your family what your wishes would be in a situation like this, then they’re left to try to figure things out for themselves.
Gastric bypass surgery has long been touted as a dependable solution for individuals who need to lose a substantial amount of weight. This surgery is an invasive surgical procedure that involves the stapling, banding or rerouting of the stomach and small intestines so that food and nutrition bypass the normal physiological route that food takes through the body.
Like many other forms of cancer, you can definitely survive for many years if you catch and treat colon cancer at an early stage. Although many Americans are aware that they should have a first colonoscopy (the test used to view the interior walls of a person’s colon) near age 50, it’s a precaution that a number of others keep postponing.
One thing to consider when contemplating the contingencies of reaching an advanced age, is the possibility of being unable to handle your day-to-day needs on your own. The likelihood of a stay in a nursing home or assisted living community may be the first thing that comes to mind. These options exist, but there are some pitfalls that go along with these types of facilities.
This question of whether Zoloft causes birth defects likely brought you here for two reasons. #1: You’re currently taking an antidepressant like Zoloft and you are pregnant or thinking about becoming pregnant. #2: Your child was born with a birth defect and you want to know if Zoloft was responsible in causing the injury.
In 2011, there was a poll conducted by the Associated Press and LifeGoesStrong.com. The purpose of the probe was to get an idea about how prepared baby boomers (people born between 1946 and 1964) are for retirement. The baby boomer generation is reaching retirement age and massive numbers of people are involved.
There was a 60 Minutes segment that aired in '09 that was entitled "The Cost Of Dying," and this report was very relevant to anyone who is wondering why estate planning lawyers recommend advance health care directives like living wills and durable medical powers of attorney.
Do you know what to do if you suspect elder abuse? First you must understand what elder abuse is and how to spot it. - Types of Abuse - Elder abuse is the abuse of a retired aged individual in a nursing facility or in his or her own home. There are many types of elder abuse: financial, physical including sexual, verbal, and neglectful.
Depuy and other companies have recently come under fire for the manufacture of faulty hip replacements. These devices often fail to meet quality standards advertised by the companies that produce them, and may necessitate a second surgery to repair the damage caused by these defective products.
The decision to seek long term care for a loved one is a difficult one to make. Perhaps you are afraid of hurting your family member’s feelings by suggesting they are no longer capable. Or maybe your family member isn’t ready to admit the need for help. Despite the difficulty of broaching this touchy subject, you must do so for the health and safety of your loved one. The good news is you don’t have to do it alone.
Everyone gets older – that’s just a fact of life. And while we can’t avoid aging, we can take steps to ensure that our loved ones are properly cared for when they become elderly and can no longer take care of themselves. It’s a sad fact that abuse of the elderly in nursing homes and medical facilities is an ongoing concern. Not in every facility of course, but it does happen. And unfortunately, the victims frequently suffer in silence.
When it comes to financial matters we need several people we can trust to act in our best interest. These people include friends, relatives and professionals. In legal language, such people are called fiduciaries. A fiduciary can be a person or institution that you trust would act in your best interest when you need help. Fiduciaries can include attorneys, bankers, business advisers, mortgage brokers, real estate agents etc.
An advance medical directive can actually consist of two different legal documents, both designed to protect you medically in the event you can no longer speak on your own behalf. The first is commonly called a Healthcare Power of Attorney or Health Care Proxy and it allows you to specify who will make decisions on your behalf in case of a medical emergency.
After labor and delivery, if your child developed persistent pulmonary hypertension and you believe it was caused by medical negligence, you may be entitled to compensation through a birth injury claim. To learn what legal options may be available, contact a Cuyahoga County birth injury lawyer. A lawyer will take the time to examine the details of your case and determine if you have a legitimate claim worth pursuing.
As a general rule of thumb, if you're concerned about the statute of limitations for your Zoloft related birth injury case, the sooner you contact an expert the better. It's as simple as filling out a free Zoloft case evaluation form to find out if you have a case. Whether you consider yourself a litigious person or not, in the case of Zoloft, the manufacturers may have known about the potential dangers to your child but negligently chose to not disclose this information.
Personal injury cases can have a myriad of circumstances and situations associated with them. It takes the long-standing and varied experience of an established law firm to understand the subtle differences from one case to another. It is this discerning quality you need to look for when deciding which law firm in Las Vegas may be ideally suited to handling your personal injury case.
Las Vegas medical malpractice lawyers can help you determine which type of case you may have:
Historically doctors had no idea that any risks were being posed to the unborn child when the mother took Zoloft while pregnant. Conversely, the manufacturer of Zoloft may have known of the increased risks to fetuses but chose not to disclose them. There are several reasons why they may have done this but most likely it was to protect their bottom line, make a quarterly earning call, or hope that the number of affected infants would be nominal.
A New York Defective Products Attorney Can Help Unravel the Law's Complexities and Use Them in Your Favor
You undoubtedly use products in your home every day, and simply assume that they are safe. Maybe the product you bought isn't particularly effective, but at least you know it's safe. Occasionally, though, a product will slip by the United States' very tough product liability laws, and make it onto the market even though it's not safe.
When Andrew “Bud” Kangas, of Appleton, Wisconsin, learned he had Alzheimer’s disease, he quickly handed over his finances to a family member. Like many Alzheimer’s sufferers, he simply became overwhelmed by his caretaking costs.
Hygiene in hospitals is not as high of a priority as one would expect. When people don't feel well, they see a doctor. They probably assume that the doctor will not spread anything to them to make them sicker. Ohio residents may be disturbed to find out that hygiene in hospitals is not as high of a priority as one would expect.
An estimated 100,000 people per year die in hospitals around the country from preventable errors and over the years this situation has only worsened. About 10 years ago a study from the Institute of Medicine was released. It estimated that 100,000 people per year died in hospitals around the country from preventable errors. Ohio residents will be disappointed to know the situation has only worsened.
Preventable hospital mistakes range from U.S. surgeons operating on the wrong person or body part, happening as much as 40 times per week, to a hospital staff member’s failure to properly disinfect a room or wash his hands. The landscape of the modern medical system at first can seem quite picturesque. American hospitals are capable of great feats: saving lives, curing disease, and inventing new procedures.
In the case of Zoloft, this was prescribed to pregnant women by doctors who truly believed they were not risking the health of the unborn child. And the mother trusted the judgment of the doctor. What nobody counted on, was that manufacturer of Zoloft may have known of these unacceptable risks, yet did nothing to warn pregnant women of these dangers.
Being injured while on the job can be both a physically and emotionally draining process. Dealing with the physical pain as a result from an accident can be debilitating and frustrating—especially if it interferes with how you perform at work.
Study Shows Nursing Home Patients with Dementia Likely to Suffer an Injurious Fall When Taking Antidepressants
It's no secret that falls in the elderly nursing home population remain one of the largest threats to patient’s safety and overall well-being. Recognizing this threat, nursing homes must assess each patient for their potential fall-risk and create a plan of care to reduce the incidence of falls during their stay at the facility.
Today, I briefly outline the legal requirements that apply when a group medical practice pays compensation to its members. My prior newsletter explained compensation plans from a non-legal perspective. This newsletter talks about the law, specifically, medical practice compensation plans under California and federal referral laws (Stark and Anti-Kickback).
We will start out by discussing the rules of eligibility for certain types of assistance programs. Next, we will discuss problems and pitfalls in planning for a Special Needs loved one. This will evolve into a discussion about what are believed to be the best options of planning for special loved ones - the Supplemental Needs Trust.
The high and rising costs associated with long-term care are something to take very seriously when you are making preparations for the latter portion of your life. If you combine the typical length of stay with the average cost of nursing home care you could be looking at an expense that exceeds a quarter of a million dollars. This is an amount that a lot of people would find difficult to pay without seeing a significant portion of their legacies going down the drain.
As a society, we trust our medical professionals and care facilities to provide us with the highest quality of medical care and treatment. Doctors and other medical professionals are held to a high standard of excellence because the results can be devastating and fatal for patients when they do not meet this standard.
Pharmacists play an essential role in the well being of nursing home patients by filling physician prescriptions and in many cases keeping track of all the medications each patient takes to assure there are no contraindications in mixing different drugs. Obviously, keeping track of medications is an difficult but important job.
Case: Johnson v. Graceland Care Center of Oxford, LLC v. Conley (41 So.3d 692) Parties: Plaintiff (Appellee) - 1. Estate of Adela Johnson (Deceased) 2. Conley, Representative of Esther Conley (Deceased) - Defendant (Appellant) - Graceland Care Center of Oxford, LLC and DeSoto Healthcare, Inc. Court: Supreme Court of Mississippi (2010)