San Francisco and Sonoma, CA Blog

Friday, September 23, 2011

Defective Hip Replacement Developments

The New York Times recently reported that the failure rate of Johnson & Johnson's ASR hip replacements is approaching 33 1/3%. The story is attached. If you or a family member have this hip replacement, it is important that you get legal advice quickly so that valuable rights are not lost. Our office is handling these claims and can give you  no -obligation information as to your rights.

http://www.nytimes.com/2011/09/16/health/16hip.html?_r=1&emc=eta1

Tuesday, September 13, 2011

Nursing Homes, Assisted Living Facilites and Board & Care Homes

As a Bay Area Nursing Home lawyer, I have handled many claims against nursing homes as a result of neglect of patients, primarily elderly patients.  I have also represented residents and their families in cases against Assisted Living Facilities and Board & Care establishments.  There are large differences in the level of care rendered at nursing homes and assisted living facilities, but both have a duty to attend to the needs of their residents.  Nursing homes provide medical care.  Assisted living facilities are legally classified as Residential Care Facilities For the Elderly (RCFE).  They are required to provide a supportive environment for the residents and to monitor their health and safety.  Primary among the duties of an RCFE is to note changes in the condition of residents and to summon or arrange for necessary medical care if a resident’s health requires it.  Assisted Living Facilities cannot keep residents with certain conditions, including residents with advanced bed sores or residents who require feeding tubes.

Assisted Living Facilities may be found legally responsible for neglect of their residents under the California Elder Abuse Statutes, just as nursing homes can be.  The most common problems which arise at Assisted Living Facilities are residents wandering away from the facility unnoticed, the development of unnoticed pressure ulcers (bedsores), and dehydration and malnutrition.

I spoke recently on these subjects on the Len Tillem program on KGO radio.  Len and I both emphasized that the best way to avoid neglect at nursing homes, Assisted Living facilities, or Board and Care homes is for the family to visit frequently and at varying times of the day.  Getting to know managers and care givers by name is also very important.  A small gift to the caregivers from time to time can often have a surprisingly positive effect.

If signs of neglect are noticed, family members should immediately contact the Administrator of the Nursing Home or the General Manager of the Assisted Living Facility and the primary care doctor.  The California Department of Social Services regulates and inspects these facilities.  If neglect leads to an injury or health problem to a resident or patient, the DSS should be contacted.  A complaint to the DSS does not mean that a civil lawsuit cannot also be brought.  In fact, if an inspection by the DSS results in a citation against the facility, that can be powerful evidence in a civil suit brought under the Elder Abuse Statutes based on neglect.

If you believe that you or a family member has been a victim of neglect at a nursing home, Assisted Living facility or Board & Care, you can contact our offices for a no-cost evaluation of the merits of the claim.

Monday, May 09, 2011

Patient Advocates

I have recently learned of a very disturbing practice occurring in certain hospitals:  Some hospitals have people on staff called "Patient Advocates".  These people are supposed to provide aid and assistance to patients and their families when problems or disputes arise between them and the hospital.

As a Bay Area medical malpractice attorney, I evaluate cases against hospitals, nursing homes, and other health care providers, for medical negligence.  In one case, a young boy's fracture of the arm was missed by physicians and staff at an Oakland Hospital specializing in treating children.  When the fracture was finally discovery, it had healed in poor position and could not by repositioned entirely properly, leaving the youngster with a degree of disability.  The "Patient Advocate" entered the picture with a Release which was intended to have the parents release the hospital from any liability for a little over $3000, a grossly unfair sum.  The "Patient Advocate" also did not disclose to the parents that settlement of this type on behalf of a child must be approved by the Court.

Fortunately,  the parents came to us before they signed the Release.  We are now representing the young boy in order to obtain fair compensation and have also sought an injunction against the hospital requiring it to cease and desist from utilizing "Patient Advocates" in such a deceptive way.

Tuesday, April 26, 2011

Uninsured Drivers

As a Bay Area auto accident attorney, I see a lot of unfortunate cases where people are injured or even killed by negligent drivers who have no automobile insurance or very low limits.  This is why everyone should buy as much Uninsured Motorist Coverage from their own insurance company as they can.  The coverage is relatively inexpensive and can usually be purchased in an amount up to the liability limits a driver has for injuries to others.  Uninsured Motorist Coverage will result in your own insurance company standing in the shoes of the uninsured or underinsured driver.  If the fault is with that driver, your own insurance company is required to compensate you in the same amount you would receive from the uninsured motorist or underinsured motorist if he or she had insurance.

I recommend that you review your automobile insurance policy and make sure you have plenty of uninsured motorist coverage.  Your insurance agent can help you with this analysis.

Tuesday, March 22, 2011

Depuy Hip Recall

I was on the Len Tillem show on KGO Radio 810 in San Francisco yesterday talking about the Depuy ASR Hip Recall.  This is a hip replacement product that has been recalled by the manufacturers, Depuy Orthopedics and Johnson & Johnson.  It seems clear that it should have been recalled much earlier because of information of problems given to Depuy.  While there was a delay in acknowledging the problems, tens of thousands of patients received defective hip prostheses.   The failure rate is way too high- officially 12-13%, but in reality perhaps as high as 30%.  While it is in a patient's body this prosthesis can loosen and become displaced causing severe pain and difficulty walking.  Disturbingly, since it is all metal, the components have a tendency to rub against each other, causing microscopic bits of heavy metals to be dispersed into the surrounding tissue and into the bloodstream.  The long-term effects of the presence of these metals in the body is not well-understood, but is definitely worrisome.

If you or a loved one has one of these hip replacement products, call me or another competent lawyer.  Do not sign anything given to you by Depuy/Johnson & Johnson or you may be giving up valuable rights.

Wednesday, March 16, 2011

Sonoma County Automobile Accident Case

As a Bay Area Auto Accident Attorney, I come into contact with a lot of tragic stories.  A case we are handling for a family involving a Sonoma county traffic collision is particularly sad and should serve as a reminder to us all about distracted driving.  On December 1, 2010, a 2 year old girl and her mother were hit by a car in a crosswalk in a Sonoma County automobile accident.  The driver, an 18 year old student at Sonoma State, was almost certainly texting in the seconds before the collision.  The little girl was killed and her mother was severely injured, only being released from the hospital within the last week.  This is a tragedy all the way around.  As a Sonoma County automobile accident attorney, I will be representing the family seeking compensation from the driver.  However, regardless of the outcome, there will be permanent damage to both the family of the victim and the young driver herself.

Trying to save a few minutes by texting while driving can be a life-altering judgement.  We should all keep that in mind.