March 2010
- Be Alert For Pharmacy Errors
- Pending Legislation That Could Impact Your Daily Life
- Notes & News
- Beware of Insurance Companies Making Offers to Settle
- Workers’ Compensation-The Basics
- The Most Important Auto Insurance Coverage-Uninsured Motorist Coverage
- Settlements
Be Alert For Pharmacy Errors
By: Robert Hill & Robert M. Cearley, Jr.
We recently concluded a case involving a 64-year old female who suffered an episode of acute atrial fibrillation after receiving 3 times her prescribed dose of the thyroid stimulating drug, Synthroid (levothyroxin), because of her pharmacy’s error. Fortunately for her the error was discovered by hospital emergency room personnel who were able to restore her heart to normal rhythm within a few days. Though tragedy was narrowly averted, the incident could have been avoided entirely had the pharmacy had in place an effective error prevention program, or had the pharmacist visually checked the pills in the bottle to confirm that they were the correct dosage. The case settled for a confidential amount.
While the law and professional standards of practice require that prescription medications be compounded and dispensed in strict conformity with the directions of the prescriber, it’s estimated that every year more than 7,000 Americans die from drug errors, and the number may be much higher. According to the Institute of Medicine ”. . . in any given week four out of every five U.S. adults will use prescription medicines, over-the-counter drugs, or dietary supplements of some sort, and nearly one-third of adults will take five or more different medications.”
The Institute of Medicine offers the following tips to help you avoid medication errors:
- Maintain a list of prescription and nonprescription drugs, vitamins and other dietary supplements you use. Take that list with you whenever you visit a health care provider.
- Ask your doctor to write down the drug’s name, dose and how to take it. At the pharmacy, make sure those instructions match what’s on the bottle you’re given.
- You can ask both the doctor and pharmacist about side effects and how to use the drug.
- Pharmacies often maintain computer records that can flag drugs that will interact dangerously, if you fill all your prescriptions at the same chain.
- Information leaflets usually come with prescription drugs, but ask the pharmacist for one if you don’t receive it.
- If your pills look different when they’re refilled, don’t assume the maker changed the size or color — ask the pharmacist why. You could have been given the wrong drug or dose.
- At the hospital, ask the doctor and nurse what drugs you’re being given, why and what effects to expect.
- Before surgery, ask if there are any medicines you should avoid or stop taking beforehand.
- Prior to hospital discharge, ask for a list of medications you should be taking at home and how to take them.
- In the hospital, you have the right to have a relative or other surrogate present whenever you receive medication and cannot monitor that process yourself.
If you or a loved one are injured by a pharmacy error, call us at Hill-Boren. We can help.
Pending Legislation That Could Impact Your Daily Life
By: Tamara Hill
As our legislature moves forward with passing laws that affect all Tennesseans this session, we thought you might like to know exactly what they have in store for the citizens of Tennessee.
First:
Senate Bill 3565/House Bill 3564 will force the loser in a lawsuit to pay the full legal costs for both parties. This means that large corporations and big insurance companies with vast financial resources can bully their victims into dropping claims or accepting unfair settlements by threatening massive legal costs. Few people can afford to take that risk, meaning most won’t ever file a lawsuit, no matter how badly they are injured and how severe the defendant’s negligence.
Second:
Senate Bill 3486/House Bill 2887 would cap non-economic damages on medical negligence lawsuits at $1 million. Despite the fact that tort reform was passed last year and malpractice case filings are down by 60%, doctors and their paid lobbyists are back for another bite at the apple. They will tell you, just as Lamar Alexander stated at the Healthcare Summit broadcast on CNN on February 25, 2010, that doctors are “fleeing” Tennessee and the small counties because of the high costs of malpractice insurance and that it costs so much because of “junk” lawsuits, therefore we need to cap damages and have broader tort reform. Well, that isn’t exactly true.
Third:
Senate Bill 2522/House Bill 2543 seeks to make Emergency Rooms accountability-free. This bill seeks to shield hospitals and doctors from ALL claims of negligence if you come to the hospital through the emergency room. This bill is a protective mechanism for a corporation call Team Health, which contracts most of the emergency room physicians.
Team Health spends 1% of its enormous profits on malpractice insurance, yet it is seeking to have all liability removed so that it does not have to provide insurance coverage at all. Wouldn’t it be nice if the average Joe could have all liability removed so that he didn’t have to pay for car insurance. Think about it...car insurance is mandatory, but our legislature wants to insulate a corporation that provides emergency room physicians so it won’t have to buy insurance.
This bill would protect them and the physicians from anything short of criminal conduct and if it’s criminal conduct, then insurance wouldn’t cover it anyway. Medical errors already cost our nation $37.6 billion annually. If this bill becomes law, taxpayers will have to foot the bill for medical negligence when the recipients of TennCare, Medicare and the uninsured are harms due to careless mistakes in the ER. In addition, those with private insurance could see their premiums rise as those companies are forced to take care of people following medical mistakes in the ER, rather than those who made the mistake taking responsibility. ER physicians are already protected. They only have to meet the standards set by their peers. As long as they do, they are not held accountable for bad outcomes. Why protect them, and Team Health, at your expense?
News & Notes
Act - medical malpractice cases are less than 1% of all civil cases. FAct - 98,000 people die from medical malpractice each year. FAct - the number of doctors is 13% HiGHer in states WitHoUt caps. FAct - the number of doctors per capita in tennessee steadily increases each year. FAct - both insurance companies and Medicare get reimbursed for money spent on negligent care as a result of lawsuits.FAct - doctors choose to live in larger towns where they can make more money by seeing more patients, not because the malpractice premium is different from town to town in tennessee, because it isn’t.
Beware of Insurance Companies Making Offers to Settle
By: James Krenis
A case should almost never be settled until after treatment for an injury has ended or at least reached a point where no significant recovery progress is being made. An educated guess is that 90% or more of the time the amount offered is less than the case is worth, and the insurance companies know it. They don’t tell you your full range of legal rights, but try to convince you that it is a good deal, or even “all you can get under the law.” If you want to know what the law entitles you to, ask a lawyer, not an insurance company representative. Remember, insurance adjusters make their money by paying out as little as possible while the company takes in premiums every month from those they insure. The attorneys of Hill-Boren have years of experience representing individuals who are going up against insurance companies. If you have questions about the way your insurance claim is being handled, contact Hill-Boren today for a free case evaluation.
Workers’ Compensation-The Basics
By: Greg Petrinjak
If you are injured on the job, workers’ compensation generally provides three types of benefits:Medical Treatment: The employer is required to provide medical treatment related to your work injury. The employer should provide a list of three doctors, and you are allowed to pick a doctor from this list. You should not be told to go to a specific “company doctor.” Make sure that your medical treatment is approved in advance by the workers’ compensation insurance company. You should not go to the doctor on your own unless there is an emergency situation, or you are advised to do so by your lawyer.
Temporary Disability Benefits: If the doctor restricts you from working while you are recovering from your injuries, the employer generally has two choices. First, the employer can provide light duty work, which is within the restrictions provided by your doctor. This allows you to keep working and earning your regular wages. If the employer does not have a job that meets your restrictions, the employer should pay you temporary total disability benefits equal to two-thirds of your average weekly pay if you are off work for more than a week.
If you have a workers’ compensation claim, call Hill-Boren for a free consultation today.
The Most Important Auto Insurance Coverage-Uninsured Motorist Coverage
If you don’t have uninsured motorist coverage, or aren’t sure if you do, put down this newsletter, go to the phone and call your auto insurance agent. If you have it, you need more. If you don’t, get as much as you can afford. Even though Tennessee state law requires all motorists to have a minimum of $25,000 in liability insurance, a significant portion of the population is carrying none. More importantly, as anyone who’s been to the hospital recently will attest, $25,000 will not pay for much in the way of treatment. We often have to explain to clients who have significant injuries, but no uninsured motorist coverage, that even if the other driver is clearly at fault, there is no money to compensate them for their injuries. This is not a good thing to explain to someone who is losing everything they own as a result of the negligence of another. Given that there is really no enforcement of the insurance requirement law before the fact (nor after the fact for that matter), uninsured motorist insurance coverage is the only way to protect you and your family from a potential catastrophe.
Settlements
Greg Petrinjak
Attorney Greg Petrinjak recently represented a Jackson, Tennessee resident who injured his knee while pulling a hose at work. He underwent surgery for a torn ACL in the knee, and later lost his job due to permanent restrictions related to the knee. This case was settled for $42,140, plus lifetime future medical benefits.
Mr. Petrinjak represented a man from Savannah, Tennessee who injured his shoulder while lifting a large roll of fencing wire. The employee underwent surgery for this injury, but as soon as he was released from the doctor, the employer terminated him. The case was recently settled for $46,723, plus future medical benefits.
Greg Petrinjak represented a Dyersburg, Tennessee resident who had worked for over 20 years in the local rubber plant. The job involved constant use of his hands to grip, pull, and cut rubber. When he developed problems with his hands and wrists, the company refused to even provide medical benefits. Eventually, the company had to settle for a lump sum of $47,674, plus payment of all related medical bills.
Mr. Petrinjak represented a woman from McKenzie, Tennessee who suffered gradually-occurring injuries to her shoulder as a result of many years of repetitive factory work. She underwent surgery, and was able to return to work briefly before being laid off by the company. The case was settled for $39,494, plus future medical benefits.
Jeff Boyd
Attorney Jeff Boyd recently represented a client who sustained a shoulder injury after he was forced from the road by a hit and run driver. The victim sued his own insurance company for his uninsured motorist coverage and the case was settled for $75,000. This is one of the many reasons that it is critical for clients to have as much uninsured motorist coverage as possible. This coverage is for you, not the other driver.
Jeff Boyd represented a 64 year-old worker who developed carpal tunnel syndrome and a neck strain as a result of his employment. Unfortunately, his place of employment closed down. Mr. Boyd was still able to fight for the worker’s rights and was able to settle his case for 35% to each arm and 5% to his neck for a total of $65,142 with open future medical benefits.
Attorney Jeff Boyd represented a client who injured his back when his pants leg caught a piece of metal while he was assisting a co-worker carrying a heavy object. He had surgery, but lost his job due to his permanent disability. His workers’ compensation case settled for $92,507 and he is pres-ently pursuing a Social Security Disability claim with Mike Hartup, Hill-Boren’s Social Security lawyer.
James Krenis
A couple in Paris, TN were involved in a serious automobile accident in which their car was cut off by another vehicle. The husband’s back was injured and he was made to endure pain management (prescriptions and injections) and physical therapy for two years. The husband died two years after the accident. Attorney James Krenis repre-sented the wife in her fight against the other driver and a court-mandated mediation resulted in a $40,000 award for the wife.
A Jackson, TN resident was hit in her car from behind and suffered severe whiplash as a result of the accident. She contacted Hill-Boren for help in fighting for money to pay her medical bills. At-torney James Krenis represented the woman and her case settled for $21,000.
A State of Tennessee employee was working as a nurse when she was injured while lifting a patient. She severely injured her lower back and required surgery. Because her injury prevented her from performing certain work duties, she was unable to return to work.James Krenis represented the woman in her fight for workers’ compensation benefits and he was able to negotiate nearly $70,000 to help her pay her medical bills.
A McNairy County resident was working as a logging truck driver when his load shifted and came into the cab of the truck. The driver’s back and legs were seriously injured and he was unable to return to work for the trucking company. He sought Hill-Boren for representation in his workers’ compensation case against the trucking company. After being represented by Attorney James Krenis, the driver’s case was settled at the Department of Labor Benefit Review Conference for $30,000.
Shannon Toon
Attorney Shannon L. Toon represented a 49 year-old electrician’s apprentice for a work-related injury he sustained when he fell injuring his left elbow. He was diagnosed with a dislocation and sprain/strain of the elbow. A reconstruction of the elbow was performed along with a subsequent operation for removal of an external fixator. At the time of maximum medical improvement, the employee noted that the elbow was still a little bit unstable but that he could function much better than he did before surgery. Mr. Toon was able to settle the workers’ compensation claim for $72,000 along with payment for all future medical care associated with claim.
Shannon L. Toon also represented a 65 year-old construction supervisor who sustained a left leg fracture and right hip fracture as well as injuries to his back and neck when he fell into an excavation. As a result of the injuries, surgery was performed for both the left leg and right hip injuries. The employee returned to work without any restrictions from his doctors and continues to work as a construction supervisor. Mr. Toon was able to settle the workers’ compensation claim for $126,000 along with open future medical care for all injuries sustained as a result of the fall.
Ricky Boren
Attorney Ricky Boren represented a 53 year-old clerical worker who was injured when a teenager ran a stop sign and crashed into her vehicle. The victim suffered a broken ankle, broken wrist and a broken rib. Surgery was required to repair her ankle fracture. She had significant medical expenses and missed work for several months. Mr. Boren fought for the victim, and her case was settled at mediation for the payment of $165,000.
Tamara Hill
Tamara Hill represented the family of a nursing home resident who was improperly transferred resulting in a fracture and death. The case was settled for $300,000.
Tamara also represented a nursing home resident who was allowed to lie on a hot curling iron for hours resulting in 1st and 2nd degree burns. The case was settled for a confidential amount.
