St. Cloud Personal Injury Lawyer - Medical Care

Do We Already Have Death Panels?

Mike Bryant — Thu, 22 Oct 2009 09:12:00 GMT

There was a spat of complaints that were being thrown out there that the new Health Insurance legislation included death panels. It seems that anyone who can read has been able to find that the basic claim is untrue and that any broader reading only allows for doctors and patents to consult and make decisions together outside insurance companies.

But what do we have right now? The New York Times recently looked at the issue and found some scary things. They covered the story of Eric De La Cruz, of Las Vegas, who was diagnosed with dilated cardiomyopathy. He couldn't find coverage because of a pre-existing condition. instead he had to post a deposit of at least $150,000 to be evaluated and placed on a heart transplant waiting list. The cost of all of his care was nearly $1 million dollars for a transplant and subsequent hospital care. His sister, Veronica De La Cruz, through a public campaign raised nearly $1 million in less than two weeks. He was able to enter the University of Southern California health system and was placed on the 'high-priority transplant list. But, as his sister pointed out after the " all the delays and denials", too much time had passed and he became too sick for the procedure" and died on July 4.

Just one story, but an example of the system that we have right now. A system that denies coverage and delays claim after claim. Now , I would agree that there isn't a panel in hangman masks making the decision, but the reality is that there should be outrage with what people are not getting right now.

Originally posted at InjuryBoard by Mike Bryant

Let's Talk Tort Deform

Mike Bryant — Mon, 19 Oct 2009 09:02:00 GMT

It's been interesting to read story after story where the tort deformers keep claiming that no one wants to talk about tort reform. Funny, seems like it's a topic everywhere. The next sentence is usually from the attack book of Bush/Rove to blame the greedy trial lawyers. Sometimes it is couched in an anonymous frivolous battering of the injured claimants, but either way it's vicious attacks on what is a constitutional right. A replacement for a punitive eye-for-an-eye system.

But, let's talk about tort deform. They want damage caps. The cost benefit analysis on human lives that allows the wrongdoer to know what their risk is. Should they do the right thing or just take the chance and at most it will cost them $250,000? There's been a series of past product liability cases where it was proven that the cost of how many people would be killed was factored in as a cost of doing business. Yep, there is greed involved in the equation alright.

I was asked today at church what tort reform I thought would be acceptable to get the health care bill passed. The question came from a well meaning person who just wants to see the right thing happen in health care and who hears all the claims that the trial lawyers are standing in the way of it getting done. The thing is, we aren't.

I'm quite convinced that there isn't a single vote to be gained from any tort reform. the Republicans don't want to pass a bill, never have and never will. The elimination of the tort system probably wouldn't bring them over. So this may really be a wasted debate. But, for the public , we do need to have the discussion, because there are real people who care and see this as something other than a political football.

I offer up the Minnesota system. It has no caps. It has an expert affidavit system. I can sue almost anyone for anything, if I have a good faith reason to do it, but for a doctor, I need another medical professional in the same field to OK it first. Not just with a report, but with a sworn affidavit. Minnesota has got some of the lowest premiums in the country, a low number of claims and best of all, a great health care system. So if we are going to look at a state , let's look at something that works. A system that protects the consumers.

It's a system that would be a change for much of the country. It would show that we are serious about getting this bill passed and I predict it will still not get any votes from the other side. Why? Well, because it's really only politics to many of them. They are bought and paid for by the insurance companies, and they will claim it didn't go far enough. My favorite response here will be : "You can get an expert doctor to say anything". I think that's true with just about any group, and would suggest that is what has been getting the opponents by so far.

Originally posted at InjuryBoard by Mike Bryant

Oh My Gosh, They May Sue

Mike Bryant — Tue, 01 Sep 2009 09:06:00 GMT

It amazing that people who are doing something wrong will actually have this stop them sometimes. Not that they are hurting someone, are doing something wrong, or that maybe they deserve to take responsibility for their actions. Does it make that threat a potential deterrent? While I'm involved in lawsuits, I actually would rather see people not hurt others to begin with.

The recent stranding of passengers or should we say sitters on the local Mesaba flight brought this issue up. Apparently after hours of sitting, promises, no water, no lavatories, more promises, more sitting, and maybe a lie or two: people were getting a little hostile. The pilot finally pointed out that this is where lawsuits come from. Maybe that helped to finally get the sitters off the plane. Hopefully, the airlines took care of each and every one of them and won't let this happen again. Don't do it and take responsibility when you do something wrong will drop lawsuits more than anything else.

It's the same kind of things with all of the defensive medician talk that is being used to fight back against real change to health insurance. The reality is that malpractice is a very small part of the system. Also that doctors charge for everything that they do. If they really are doing unnecessary tests I believe that Medicare and Medicaid would be very interested in that list. Sure I've heard the anecdotes of a doctor who claimed to have done an MRI because someone asked, but really can't almost anyone list all the times they were told no on care or were not listened to by the doctor? Sure, there are some outrageous numbers being bandied about right now, I think Palin is claiming $12 billion each year in malpractice costs. Look at the numbers on paper, the claim is ridiculous. If doctors did the right thing and took responsibility when they don't, we would again not have as many lawsuits. But until then , maybe a little fear of having to do the right thing may not hurt.

Originally posted at InjuryBoard by Mike Bryant

Republicans Targeted In Health Care Bill??????

Mike Bryant — Fri, 28 Aug 2009 16:43:00 GMT

There are so many lies being spread about what is in each health care bill that I was sure I had heard them all. You figure that death panels and Hitler was really the height of preposterous claims. But, now we have the Republican American Health Survey:

"It has been suggested that the government could use voter registration to determine a person's political affiliation, prompting fears that GOP voters might be discriminated against for medical treatment in a Democrat-imposed health care rationing system. Does this possibility concern you?"

Hell yes that concerns me!

Now, the party is now saying that the question was "in artfully worded," , so they apparently are trying to now say it in a different way. But, shouldn't you have some support with at least a couple of the words first? This looks like the biggest lie so far.

Now it is odd. I can understand why they were scaring the elderly, and targeting the independents, but are they on such a shaky base that they now need to scare the party faithful? Maybe it's just further proof that the paid for town hall meetings of concerned citizens are in need of real people to help spread the misinformation.

It is time to get beyond the ridiculous rhetoric and get a real bill that does what Americans want. Hopefully, that is an artful enough opinion.

Originally posted at InjuryBoard by Mike Bryant

Congress Has A Chance To Protect Consumers Who Use Medical Products

Mike Bryant — Fri, 28 Aug 2009 09:23:00 GMT

For some time now, members of the Injuryboard have been writing about the major impediment on medical device cases. They have been thrown out of court, because of federal preemption. There are tragic stories of people who are injured by these products who simply have no recourse. It's one of the hardest things to do, when someone calls with a letter that says the product that they have in them is faulty, and they have to be told, sorry you have no protection, despite what the Constitution says about your civil rights.

The question is if Congress should reverse the 2008 US Supreme Court decision of Riegel v. Medtronic, Inc? That ruling granted immunity to medical devices that gain approval from the Food and Drug Administration under the Medical Devices Amendment of 1976. In affect silencing individual state's consumer protections.

Last week, the U S Senate took testimony on the Medical Device Liability Bill:

Two Minnesota families testified concerning their children who died due to problems with Medtronic pacemakers and Medtronic implantable cardiac defibrillators.

Another Medtronic defibrillator user from Iowa testified that he received 22 electric shocks within a span of 53 minutes from a faulty implant . He said, “My hope is that no one else ever has to go through the pain and agony that I experienced with the fractured lead, and that Medtronic is held responsible for the injuries it has caused other patients like me.” He was asked to testify by Senator Tom Harkin (D-IA).

Also testifying were a Texas man who was shocked six times by a faulty pacemaker and a six year-old Illinois girl, who was also shocked by a faulty defibrillator.

William Maisel, MD, director of the Medical Device Safety Institute and a cardiologist who chairs an FDA advisory committee, testified that "the FDA does an 'exceptional job' of monitoring the safety of medical devices." But, he added, "the postmarketing data is an issue." Dr. Maisel "said it is 'simply impossible' for the FDA to continue to monitor the safety of every medical device it has approved."

Hopefully, the senate will listen. The question isn't what these people should get. It is simply that they should have the right to make the claim. Let the system work with each case standing on it's merits.

Originally posted at InjuryBoard by Mike Bryant

Can Plastic Surgery Help With Head Aches?

Mike Bryant — Thu, 20 Aug 2009 09:09:00 GMT

A symptom that many of our clients suffer from is headaches. It is sad to see people who hurt so bad you can see it in their eyes. They hide from the light and their life is spent in silence and alone. I've seen all types of treatments help people. In the last couple of years, it seems like injections have seen a rise in use and have been successful for some.

I ran across an interesting new use of face lifts. Basically, nerves were cut at specific migraine trigger sites. I have seen success with the use of facet joint nerve work, it sounds like this works to deal with the other end of the same nerve. Nerves are cut at specific migraine trigger sites. These nerves can be the same ones cut to eliminate crow’s feet or the nerves cut to ease frown lines on the forehead.

In a study which appeared in the August issue of the journal, Plastic and Reconstructive Surgery, Plastic surgeon Bahman Guyuron, MD, of Case Western Reserve University found that there was some hope for the procedure:.

Guyuron and colleagues randomly assigned 75 patients with migraine trigger sites in just one area to receive either real or sham surgery. The patients were not told which type of surgery they were getting.

Patients in the active-surgery group got Botox injections first to determine if they were good surgical candidates.

In all, 49 patients had the actual surgery and 26 had the sham surgery.

One year later, 83% of the actual surgery group reported at least a 50% reduction in migraines, compared to 57% of the sham surgery group.

Even more surprising, 57% of actual surgery patients reported complete elimination of migraines, compared to just 4% of sham surgery patients.

Clearly, more needs to be looked at with the study. But, for those with mind-splitting headaches, this could provide another option.

Originally posted at InjuryBoard by Mike Bryant

Think About The Tests Needed To Stay Healthy

Mike Bryant — Wed, 19 Aug 2009 09:06:00 GMT

There is much talk about tests. Justinian Lane has done a great job of pointing out how what some call "defensive medicine", actually makes doctors a lot of money. What a deal, crying about how you are forced to do something that seems to fill your pockets. Whatever it is, each person should know what tests are the best to stay healthy.

Medline, has suggested that everyone review the following:

Breast cancer and cervical cancer in women
Colorectal cancer
Diabetes
High blood pressure
High cholesterol
Osteoporosis
Prostate cancer in men

Also as far as understanding tests:

Interpreting Laboratory Test Results(National Cancer Institute)
Laboratory Tests(Food and Drug Administration)
Understanding Your Tests(American Association for Clinical Chemistry)

Each test will be important based upon age, sex, and individual life factors. The key point is, the correct test at the right time can make sure that you stay healthy.

Originally posted at InjuryBoard by Mike Bryant

Dead By Mistake: Must Read For All Consumers.

Mike Bryant — Mon, 10 Aug 2009 08:51:53 GMT

Every one is going to get sick. Hopefully, not sick enough to be hospitalized. But, we all need hospitals for our family or friends at different times in our lives. The "Dead By Mistake" series of articles from the Hearst newspapers is an important piece of journalism that everyone should read and know about.

10 years ago, a national study looked at the number of deaths and adverse incidents in America's hospitals, and the totals were shocking. Reporting agencies were set up to track the problems an help to prevent them. Since that time:

States hospitals are not making the reports
The number of hospital deaths have grown
The number of people who have hospital-acquired infections has grown.
The individual stories are tragedies.

The numbers of deaths and injuries are startling. This series , in combination with the previous report of increase incidents in Minnesota, should cause concern for everyone. It is also troubling to think of all the past events that have gone by unreported. How many people were killed or severely injured and nothing was said? Hopefully, the the warning of ten years ago will now be heard.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: When should I talk to an attorney?

Mike Bryant — Thu, 18 Jun 2009 09:54:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: When should I talk to an attorney?

We usually suggest as early as possible. Once you have gotten through the initial issues of an accident and have seen the doctor, you have a start to the whole picture of what has happened to you. The insurance companies get out quick and will attempt to get ahead of you as far as investigation goes. It is important that you not sign anything, nor give up any of your rights until you have had a chance to talk to someone knowledgeable who represents individuals with your same issues.

These questions are not intended to replace a consultation with an attorney, nor do they take into consideration facts that may differ about your particular case. Here at the Injuryboard, we have experienced attorneys who can deal with your individual questions and best help you with your case. Feel free to get the help you need by contacting one of us.

Originally posted at InjuryBoard by Mike Bryant

June Is Headache Month

Mike Bryant — Sun, 14 Jun 2009 19:36:55 GMT

I didn't know this, but visiting the MedlinePlus website I found it out. I know from dealing with clients that have ongoing headaches, this isn't a thing to celebrate. But, I'm sure each of those clients appreciate the attention given to solving their on going misery.

There are a number of helpful places to look:

Go to the Headache and Migraine pages on MedlinePlus (www.medlineplus.gov)
The Web site for the National Institute for Neurological Disorders: www.ninds.nih.gov
The National Headache Foundation's Web site: www.headaches.org
The American Headache Society's Web site: www.achenet.org

Also questions to ask you doctor:

How can I reduce stress, or make other changes in my life to cut down on my headaches?
What pain relievers should I take for a headache?
Is there anything, besides medication, that can help me?

It's important that we keep looking for relief. Hopefully, this months attention will help

Originally posted at InjuryBoard by Mike Bryant