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Kingston, New York medical malpractice lawyer reveals how the truth about medical errors is hidden by the American Hospital Association

In 1999, the Institute of Medicine reported that 98,000 people are killed by preventable medical errors in American hospitals every year.  That scary number did not include persons severely disabled by medical errors or those injured or killed by preventable medical mistakes outside of a hospital, i.e., physician's office.  The top recommendation by the authors of this report was to implement procedures for the mandatory reporting of medical errors by physicians and hospitals.  This never happened.

Now, 11 years later, a new report by the Department of Health and Human Services estimates medical errors contribute to the deaths of an estimated 180,000 patients every year.  This new report has findings that are virtually identical to those contained in the shocking report of the Institute of Medicine in 1999 and the recommendations of the authors of both studies are the same: INSTITUTE MANDATORY REPORTING OF MEDICAL ERRORS!

Disclosure of medical errors will help medical consumers select physicians and hospitals based upon knowledge of their prior mistakes.  As reported in an editorial of the USA Today, "It's a problem crying out for a fix" and disclosure of medical mistakes is the number one step that can be taken to remedy this problem.

When the American Hospital Association's President was asked to comment about the disclosure of medical errors, the response was that "there is no magic solution to this challenge.  If there were practices that would avoid every bad outcome, hospitals and clinicians would adopt them." He's right in one respect, there is no magic potion to fix the US's mess with poor medical care.  However, mandatory reporting of medical errors is a step that is long overdue and still resisted by physicians and medical societies.

The President of the American Hospital Association claims that "hospitals willingly report performance data on key measures that demonstrate how care provided is affecting patient outcomes."  Even better, the President states that such disclosure of medical mistakes by hospitals "also report adverse events to patient safety organizations, where they are analyzed by safety experts so everyone can learn from what occurred at a single hospital." Sounds good, but it's total crap!

What "patient safety organizations" is the President of the American Hospital Associations referring to?  Where do hospitals report performance data to demonstrate how patient care is being provided?  There are no specifics provided by the President of the American Hospital Association. The generalizations are not, unfortunately, substantiated by any shred of evidence and in fact, the President's claims are bogus.

Hospitals and physicians continue to cover up medical mistakes just as they have always been doing.  Medical consumers are forced to make decisions about hospitals and physicians based on their gut feelings without any actual knowledge of the medical mistakes in the background of their medical provider.

Let's give an example of the coverup: the National Practitioner's Data Bank was created in 1986 by the federal government as a databank for the reporting of payments by physicians in medical malpractice lawsuits and claims.  For those physicians who do not report malpractice settlements to the National Practitioners Data Bank, there have been no consequences.  Even worse, consumers have no access to the National Practitioners Data Bank.  You might be treated by a physician who has made ten malpractice payments in the last five years, but unfortunately, you have no way of finding out because the National Practitioners Data Bank is not accessible to you.

The sad fact is that the continued obstruction by physicians and hospitals to mandatory reporting of medical mistakes has resulted in death and injury for patients and a heavy dose of medical malpractice lawsuits against negligent physicians. Perhaps physicians like the status quo, but you shouldn't.  Consumers are as poorly informed about medical mistakes as they were in 1999, when 98,000 deaths were first reported by the Institute of Medicine.


Blog Category:

Nursing Home Negligence

11/26/2011
John Fisher
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Nursing Home Resident Dies Because Staff Not Trained in Heimlich! Jury Awards $2.35 Million

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7/20/2011
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6/20/2011
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10/28/2010
John Fisher
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Times Union Publishes Moving Letter From Local Nursing Home Resident

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10/22/2010
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Will There Soon Be Better Housing Conditions for the Mentally Ill?

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10/12/2010
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In Response to Public Outcry, the D.E.A. Issues New Prescription Drug Guidelines!

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10/11/2010
John Fisher
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10/7/2010
John Fisher
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Is the D.E.A.'s "War on Drugs" Hurting Nursing Home Residents?

Nursing home residents are becoming unintended casualties of the Drug Enforcement Agency's war on drugs. According to an article recently published in the New York Times, a new level of drug enforcement intended to prevent narcotic abuse is making it extremely difficult for nursing home residents to receive the prescription drugs that they need. In the past, medical staff from nursing homes would be able to have a prescription filled for a resident based on instructions given to the pharmacy by the resident's clinic or physician. However, that practice is now "under scrutiny" by the D.E.A. Pharmacies are now requiring a written or faxed prescription from the patient's doctor before dispensing the medicine and many nursing homes are unaware of the change. This means that some residents are being forced to wait days before getting the prescriptions they need if the doctor prescribing the medication is unavailable. This was the case with Roland Lorenz, a 75 year-old nursing home resident in St. Louis, Illinois. Mr. Lorenz has surgical screws in his back and neck and a pin in his upper leg and needs to take the pain medication, Percocet. One weekend his pain reared up severely and he was taken to a pain clinic where his doctor ordered his dosage of Percocet to be increased. Unfortunately, it took two days for him to receive the medication. Nurses were unable to have the medication filled by phone as was their usual practice, and the doctor who prescribed the medication was unavailable. According to nursing home staff, their own doctor on-call would not prescribe the medication to Mr. Lorenz without examining him first. Mr. Lorenz suffered through the weekend in excruciating pain until he was finally given the medication that Monday. According to The New York Times, the D.E.A. is "investigating pharmacies in 'about five states' for dispensing the drugs to nursing homes without direct written orders from a doctor". The D.E.A. asserts that they are trying to protect patients from nurses who call in prescriptions without a doctor's order and from pharmacists who dispense narcotics without a prescription, who both then try to get a doctor to sign the prescription after the fact even though he or she has never seen the patient. Medical experts agree that residents in rural areas and those arriving at nursing homes from a hospital usually suffer the most. In rural areas, doctors may not have immediate access to a fax machine or any way to send a prescription from their phone. Residents arriving from the hospital may have trouble getting their prescriptions faxed due to communication problems between the nursing home and the hospital doctors. Some nursing home critics argue that these problems would not occur if all nursing homes had on-site physicians and adequate medical care for their residents. According to the medical directors association and The New York Times, a doctor at a nursing home "writes an average of 169 prescriptions for controlled substances each month — which means ample opportunities for delays". Many times, nurses have a doctor's order and a resident in horrible pain, but is unable to dispense any medication. In extreme cases, nurses have been forced to illegally dispense medication from their homes' emergency kit in order to ease their patients' suffering. While I support the fact that the D.E.A. is trying to minimize narcotic drug abuse, nursing home residents are clearly suffering from their efforts. I think that pharmacies, nursing home staff, and doctors must work together in a concerted effort to minimize the time that residents must wait to receive their prescriptions. These residents should not have to suffer due to the unavailability of a physician, communication problems between nursing home staff and hospital doctors, or the illegal actions of a handful of pharmacists. I think that if the D.E.A. is serious in changing how nursing homes receive their prescriptions for their residents, they should first come up with a workable policy for how residents in need of narcotics can have them dispensed without having to wait for hours or days. Obviously, the current system is not working, and the D.E.A. should first come up with a plan on how to prevent nursing home residents from becoming casualties of their war on drugs.

9/22/2010
John Fisher
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More Details Emerge In Local Nursing Home Abuse Case

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9/16/2010
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Nine nurses, nurses aides and a physicians' assistant at the Northwoods Rehabilitation and Extended Care Facility, a nursing home near Troy, New York have been named in an indicment charging them with endangering the welfare of elderly residents and felony falsification of nursing home records.

9/14/2010
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Will $677 Million Dollar Verdict Against California Nursing Home Bring Change to the Industry?

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8/24/2010
John Fisher
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Click to Learn About a Scam Nursing Home Residents Must Watch Out For!

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8/11/2010
John Fisher
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Sexual Abuse Not Uncommon Within Nursing Homes

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8/5/2010
John Fisher
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State and Federal Legal Action Taken Against Western New York Nursing Homes

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7/28/2010
John Fisher
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Nursing Homes Using Tax Dollars to Restrain Residents

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7/26/2010
John Fisher
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Nursing Home Fails to Seek Emergency Care For Resident

A lawsuit was recently filed against the Sunrise Assisted Living Facility, a nursing home in Rochester, New York for the 2007 death of resident, Donald R. Salli. The suit alleges that the nursing home was negligent in both failing to adequately supervise its residents, and for failing to provide Mr. Salli with necessary medical treatment after he was attacked.

7/21/2010
John Fisher
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Dumping and Transfer Trauma: Wrongful Discharge Abuse on the Rise

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7/20/2010
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New Report Confirms Inadequate Staffing Leads to Nursing Home Abuse

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4/1/2010
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Nursing Home Abuse Caught on Camera in North Troy!

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3/31/2010
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New Law requires disclosure about nurse to patient ratios

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John H. Fisher
130 North Front Street
Kingston, New York 12402-3058
Phone: 518.265.9131
Toll Free: 866.889.6882
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John H. Fisher
130 North Front Street
Kingston, New York 12402-3058
Phone: 518.265.9131
Toll Free: 866.889.6882

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Nursing Home Negligence

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