Nosocomial Infections a Real Problem

Who would have ever thought that when a person goes to hospital to get better, they may come home and die of an infection they got while they were in the hospital? Something entirely unrelated to why they were there in the first place.

It’s it a bit of an irony that we all go to a doctor when we are sick and expect them to help us, make us better or even fix whatever the problem is in the first place. “How devastating it is when going to the physician actually gives the patient a new threat to their health? This isn’t as farfetched as it may sound. It actually happens every day when people are discharged from the hospital,” said Michael G. Smith, a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock, Arkansas.
Many people are going home mostly recovered from what put them in the hospital in the first place and subsequently becoming very ill with a nosocomial infection. These infections are also called health care associated infection or hospital acquired infection.

“This isn’t good news and having another bout of illness on the heels of the first doesn’t do much for a person’s immune system. It makes one wonder why they go to the doctor or hospital in the first place if they are going to wind up sicker than they went in,” added Smith.

Nosocomial infections are those picked up in the hospital environment while in there for something else and are considered to be a genuine nosocomial infection if appearing within 48 hours or more after admission, or within 30 days after being discharged.

In the U.S. alone it’s estimated that one patient in ten gets a nosocomial infection. That translates into about 2 million patients a year and costs up to 11 billion to treat. These infections have also been cited as being responsible for an average of 88,000 deaths a year. “The most common nosocomial infections are pneumonias, infections of a surgical sites, and urinary tract infections. Sadly, about 92% of the deaths from hospital infections like this could be prevented,” Smith explained.

For a stark and unusual example of nosocomial infection in action, read the media reports of what is going on with the Cleveland Browns. Evidently at least five of their players have contracted some kind of infection that didn’t have a thing to do with the injury that sent them to hospital. “The biggest thing here to be extremely wary of is battling MRSA, otherwise referred to as methicillin-resistant Staphylococcus aureus. In other words, it’s an infection that can’t be treated with methicillin antibiotic which is a major problem since that covers just about all the antibiotics used,” said Smith.

No matter how the individual contracted the nosocomial infection, this is something that needs to be discussed with a skilled personal injury lawyer. “Knowing what one’s rights are goes a long way toward having the situation legally resolved in a fair and equitable manner,” stated Michael G. Smith, a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock, Arkansas.

To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.

VA Benefits & Medicaid

Before applying for Medicaid and VA Non-Service Pension Benefits, check to see if having both will act to disqualify getting Medicaid.

“While it’s true that the VA Non-Service Pension Benefits does help with eldercare, which can be very costly these days, having these benefits may greatly affect a pensioner’s ability to qualify for Medicaid in the area of assisted living once the pensioner’s benefits have run out,” said Michael G. Smith, a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock, Arkansas.

Having the VA Non-Service Pension Benefits really does help in terms of having extra income, however the pensioner needs to carefully check applying for it first, before making that decision. Having the extra money might not be in their best interests if they think they may require Medicaid before needing a greater level of care. “The thing to keep in mind is that once the veteran is awarded the additional income, the vet or surviving spouse can’t stop the benefits to qualify for Medicaid, which may cause some significant problems,” added Smith.

Consider the example of Mary Buetel who lived in a memory care assisted living community. That community organization helped Mary get VA surviving spouse benefits which increased Mary’s income to roughly $2,600 a month. That money combined with her savings helped her to pay for the community care she received.

Unfortunately, at the going rate of about $3,850.00 a month, her savings were running out quickly and Mary was faced with a real dilemma. Even if the community organization participated in the Medicaid waiver program, Mary would not qualify because the extra money she received from the VA put her well over her state’s Medicaid threshold. Mary doesn’t need long-term nursing home care, but because of her income, she may have no other alternative.

What happened here is that the person who helped Mary get her benefits in the first place didn’t pay much attention to or didn’t understand the possibility that Mary may need Medicaid once her assets were dried up. “The difficulty here is that when living providers arrange for VA benefits for their residents so that they have extra income, it is a violation of federal guidelines for an “interested” party to pay someone on the vet’s behalf to arrange this kind of service. In cases like that, many living providers have found themselves in a position of being liable,” Smith explained.

In fact, the specific regulation pertaining to situations like this reads as follows:

Federal Regulation 38 CFR 14.636: Payment of fee by disinterested third party. (i) An agent or attorney may receive a fee or salary from an organization, governmental entity, or other disinterested third party for representation of a claimant or appellant even though the conditions set forth in paragraph (c) of this section have not been met. An organization, governmental entity, or other third party is considered disinterested only if the entity or individual does not stand to benefit financially from the successful outcome of the claim. In no such case may the attorney or agent charge a fee which is contingent, in whole or in part, on whether the matter is resolved in a manner favorable to the claimant or appellant.

It can’t be stressed enough that veterans and their families need to know the “right” information before they make financial decisions that may have a major impact on their life and ability to be able to find proper care situations. “Yes, the additional income is nice, but if it comes with a hefty price tag and penalty later, it bears some serious research up front by a disinterested third party, such as a qualified lawyer,” commented Michael G. Smith, a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock, Arkansas.

To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.

Big Rig Crashes Cause Big Problems

While big rig crashes are a reality we care not to think about too much, there are things car drivers may do to avoid potentially fatal crashes. In all instances where you have been in such a crash, contact a highly experienced Little Rock personal injury lawyer for advice and assistance.

Collisions with semi tractor trailer units never have a very happy ending. Whether the people involved are seriously injured or they do not survive the crash, this is one area of the law where you need to talk to an experienced Little Rock personal injury lawyer about your rights.

Statistically speaking, it seems to be a bit of a toss-up when it comes to the reasons for devastating crashes involving 18-wheelers and other vehicles. Some schools of thought think it’s largely the truck driver’s fault. Others think it is the driver of the car that causes the collision. Frankly, when push comes to shove, the reasons for the accident really only matter when it comes to putting together a court case. If there was negligence on the part of the trucker or the “other” driver, then you may be able to recover damages for your injuries.

=What on earth are car drivers doing that results in such horrific outcomes when they “meet and greet” a tractor trailer on the wrong side of the road, or are rear-ended? Typically when accidents of this nature take place, it’s the car driver who has lost sight of the fact that 18-wheelers don’t have the same ability to whip in and out of small spaces, or to quickly avoid another car in their way or even come to a quick stop.

Quick and stop when you’re talking about a big rig do not belong in the same sentence. For example, a car is able to come to a rather rapid stop if they’re traveling 55 mph and will accomplish that halt in about 265 feet. A huge truck with a load on will take at least 313 feet to stop, and not all that gracefully either. Herein lies a very crucial safety rule and that is to keep your car a safe distance behind or in front of the truck. If you don’t do that and have to stop suddenly, you will find the semi up the back of your car. This is a two-way street. You don’t want to be following a big rig too closely either in case they have to stop abruptly.

Passing and cutting back in front of the truck is another area that a lot of motorists really don’t “get.” When they cut in too closely, they don’t leave enough distance between the car and the truck. When something like that happens the trucker reacts by slamming on the brakes. This doesn’t only have the potential to affect you, who cut in front of him leaving him no room to move, but also other cars beside and behind the truck. In other words, “think” before you act when you are traveling with big rigs.

Motorists also need to realize that truckers do have blind spots. This shouldn’t really come as too much of a surprise, since cars have blind spots as well. The point here is that you do not want to be traveling in those blind spots or the trucker can’t see you. Stay away from the back of a semi, the right front and left rear. Keep in mind that when you pull out to pass, you can “not” be seen in those blind spots in either the rearview mirror or the side mirrors, and you run the risk of the truck pulling left or right into your lane. The end result is a nasty crash.

If you have been involved in a tractor trailer crash or have lost a loved one as a result of an accident with a semi, speak to a seasoned Little Rock personal injury lawyer. Find out what your rights are, what damages you may be able to claim, and how a case would proceed to court. Time is of the essence in cases like this, so don’t wait too long to speak to that attorney or the evidence in the case will be lost, or the statute of limitations may run out.

Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.

Exploiting the Elderly Is Wrong

Abuse of the elderly is unfortunately all too common in this day and age. There is nothing that sparks such outrage than stories in the media of seniors being financially, emotionally, mentally or physically abused.
While it may be inevitable that your elders will need to spend time in a nursing home, you are placing them there for their care and safety. You are not taking them out of their familiar environment and much loved routines to be abused, neglected and taken advantage of in some of the worst ways we could possibly imagine. Sadly, this kind of abuse takes place more often than we’d like to think. It is horrendous, defies description and is just plain wrong. If you think your senior loved one is being subjected to abuse, immediately call a Little Rock personal injury lawyer.

Our seniors are entitled to be treated with dignity, respect and deference. Many of our seniors fought in wars that gave us what we so blindly take for granted today – the freedom to be who we are and do what we do. These people were injured on our behalf, lost family members fighting to give us this precious freedom, and are now in need of our help and care in a nursing home.

Nursing home abuse is way too common and it has to stop. People must speak up and out about it. Every senior in a nursing home has family that loves and cares for them and only wants to ensure they are safe. If the family suspects something is wrong, that their elderly family member is being abused, hit, shoved, kicked, shaken, pinched or burned, they need to speak to a skilled Little Rock personal injury lawyer. While these examples mostly deal with physical abuse, there are other insidious forms of abuse that are known to stalk the halls of nursing homes.

Some of the other forms of abuse that attorneys tend to see and hear about are the inappropriate use of chemicals/drugs as a form of restraint or retribution; the use of tie downs or straightjackets; and other monitoring devices being used as punishment. In some cases, seniors have been left for long periods of time physically restrained and unable to move until someone came to free them. Force feeding someone who is unable to eat without assistance is abominable and definitely a form of abuse, as is pushing elderly patients to perform bodily functions that are difficult for them.

Perhaps the most despicable form of abuse in a nursing home is sexual abuse. While it sounds awful, unfortunately there have been cases of this happening. It’s very difficult for elderly people to be able to effectively resist someone forcing themselves on them. Very plainly, without putting a fine point on it, this is “wrong.” Non-consensual sexual contact is abuse and so is having sex with someone who isn’t able to give their consent to the act. Sexual abuse can take the form of assault, sodomy, rape, improper touching, nudity and even the resident being harassed into posing for sexual or nude pictures.

If sexual abuse isn’t enough, there have also been cases of mental and emotional abuse. Consider how hard it is for seniors to have to rely solely on others for assistance performing their daily living tasks. This causes a great deal of embarrassment for many seniors who used to be independent. The shame they feel at not being able to do basic tasks is something that some nursing home workers will exploit to their own advantage.

The list of other abuses is too long to cover in this article, so we highly recommend that if you feel your loved one is the victim of nursing home abuse, do the right thing and contact a Little Rock personal injury lawyer immediately. The longer the abuse is ignored, the more people who will be affected by it. Speaking up on behalf of your senior will make a big difference in how the other residents in a nursing home are treated. Know your rights and what to do about nursing home abuse.

Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.