Thursday, March 11, 2010
Medical Malpractice Increases While Payouts Decrease
Insurance companies and their lobbyists have made much over the supposed "malpractice crisis." They have used this mantra, along with unfounded threats of rising costs and doctor desertion, to enact legislative restrictions on the rights of injured citizens to recover. I recently wrote about Utah's newest tort reform proposals in the Salt Lake Tribune, but to no avail. Although the bill was modified, it still imposes economic restrictions on the rights of recovery, and makes the process longer and more expensive for malpractice victims.
Of course, tort reform is nothing new in Utah. Utah has had some of the most aggressive tort reform laws in the nation for over thirty years. Ironically, while the legislature is busy passing even more pro-insurance, anti-victim laws, reports are coming out that medical errors are increasing. Today, the Deseret News reported that MEDICAL ERRORS ARE INCREASING IN UTAH. This should come as no surprise. Thanks to the legislature's special favors to the health care industry, there is no longer much accountability for medical errors.
So we're all at greater risk when we go into a hospital. At least this will lower doctors' malpractice rates, which will in turn save money in health care costs, right?
Wrong.
As reported in Healthcare Finance News on March 10, 2010, medical malpractice payments are steadily on the decline. Indeed, this simply continues a a five year trend.
The facts show that malpractice payments have been dropping for years. Why haven't malpractice premiums gone down, and taken health care costs with them?
Maybe the Utah State Legislature should ask the insurance lobby these questions before passing more laws reducing accountability for medical errors....
Friday, January 15, 2010
Ski and Snowboard Season - A Reminder to Wear a Helmet
Salt Lake City and the surrounding areas provide many opportunities for outstanding winter recreation. Utah is home to many fine resorts, and is widely recognized as having "The Greatest Snow on Earth."
Skiing, snowboarding, and other winter recreation activities are a great way to experience the outdoors, but they come with risks. Due to the high speeds and inherent risks of downhill sporting activities, it is possible to sustain traumatic brain injuries due to collisions with terrain, rocks, or other participants.
In 2006, snowboarder Kevin Pearce was training in Utah and suffered a traumatic brain injury that changed his life forever. His friend and colleague, Scotty Lago, witnessed the accident, and has advised skiers and snowboarders to "Know your limits. Know the mountain etiquette. And wear your helmet."
The attorneys at Utah law firm of G. Eric Nielson & Associates want to encourage you to follow Lago's advice. As lawyers that frequently handle cases involving traumatic brain injuries, we've seen firsthand how devastating and life altering such injuries can be. When skiing, snowboarding, or participating in other winter activities, be mindful of conditions and your surroundings, and always wear protective gear. Some injuries can be recovered from, but the best thing you can do is try to prevent them.
If you've done all you can do to avoid such accidents, but have suffered an injury due to someone else's negligence, your life will change. You may not be able to work, and you'll have medical bills through the roof. If you've suffered a brain injury due to somebody else's mistake, a defective product, or other circumstance, contact the Utah brain injury lawyers at G. Eric Nielson & Associates for a free, no obligation consultation.
Call us at (801) 424-9088, or email me directly.
Skiing, snowboarding, and other winter recreation activities are a great way to experience the outdoors, but they come with risks. Due to the high speeds and inherent risks of downhill sporting activities, it is possible to sustain traumatic brain injuries due to collisions with terrain, rocks, or other participants.
In 2006, snowboarder Kevin Pearce was training in Utah and suffered a traumatic brain injury that changed his life forever. His friend and colleague, Scotty Lago, witnessed the accident, and has advised skiers and snowboarders to "Know your limits. Know the mountain etiquette. And wear your helmet."
The attorneys at Utah law firm of G. Eric Nielson & Associates want to encourage you to follow Lago's advice. As lawyers that frequently handle cases involving traumatic brain injuries, we've seen firsthand how devastating and life altering such injuries can be. When skiing, snowboarding, or participating in other winter activities, be mindful of conditions and your surroundings, and always wear protective gear. Some injuries can be recovered from, but the best thing you can do is try to prevent them.
If you've done all you can do to avoid such accidents, but have suffered an injury due to someone else's negligence, your life will change. You may not be able to work, and you'll have medical bills through the roof. If you've suffered a brain injury due to somebody else's mistake, a defective product, or other circumstance, contact the Utah brain injury lawyers at G. Eric Nielson & Associates for a free, no obligation consultation.
Call us at (801) 424-9088, or email me directly.
Monday, January 11, 2010
Infant Brain Injury and Cerebral Palsy
The delivery of a newborn child is one of life's most miraculous events. Often, it is the culmination of months of preparation and effort, and results in a joyful addition to a family.
It is during this process that expectant mothers and fathers put their trust in the care and professionalism of their doctors and nurses. With so much at stake, parents put a great deal of faith and trust in their health care providers.
In most cases, that trust pays off, and through the efforts of conscientious doctors and medical staff, new babies are born healthy and happy. But mistakes happen. The birth of a child--sometimes a once in a lifetime event for a family--can become routine practice for obstetricians and their staff. Additionally, the demands of the corporations that run the hospitals place increasing time and business burdens on doctors. Instead of giving each delivery the specialized attention it deserves, doctors are frequently rushed and distracted. Similarly, overworked nurses can get so busy that they forget to monitor the mother and baby's progress, or ignore critical signs that something may be wrong.
These lapses in judgment--simple mistakes--can have catastrophic consequences, resulting in profound, life-long injuries.
As difficult as delivery is for the mother, it is just as hard for the baby. The birthing process exerts stress on the baby, and if that stress is not closely observed and managed, it can become too much for the baby to handle on its own. Additionally, complications like umbilical cords being wrapped around the baby's neck can cause additional concerns.
If these conditions are monitored, they can be resolved with relatively mild medical interventions such as medication, or sometimes, delivery by cesarean section. If they are not monitored, however, then the baby's heart can malfunction, and the brain is deprived of oxygen. When this goes on for too long, the brain is irreversibly damaged.
Hypoxic ischemic encephalopathy (HIE) is a type of brain damage that affects various cognitive and physiological functions, and even death. Children who survive HIE often struggle with learning disabilities, mental retardation, epilepsy, poor motor coordination, and cerebral palsy, among other things. These special needs often require thousands--if not millions--of dollars in medical care and treatment.
Proving that medical negligence caused birth injuries is a difficult, complex process. The medicine and legal issues involved require skill, training, and experience. Not all cases of cerebral palsy or HIE are caused by medical negligence, but the only way to know for sure is to contact an experienced medical malpractice attorney.
The Utah medical malpractice lawyers at G. Eric Nielson & Associates specialize in complex birth injury litigation. We have handled many of the largest cases in the State of Utah, and recovered millions of dollars for injured children. If you have questions about cerebral palsy or the possibility that your child may have been injured by medical negligence, the medical malpractice attorneys at G. Eric Nielson & Associates offer free, no obligation consultations. We can have your medical records reviewed by national experts, and we can give you the answers you have been looking for.
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