South Carolina Personal Injury Law Blog

Outpatient misdiagnoses more common than you might think

Published on: April 18, 2014 | by Patrick E. Knie

A group of researchers has finished a study that comes to an unsettling conclusion about outpatient medical care: misdiagnosis is widely underreported and surprisingly common.

Much is said about diagnostic errors in hospitals, that is, in facilities that provide inpatient care. However, there is a great dearth of information about misdiagnoses by small-practice doctors and clinics. Looking at three previous studies, researchers at Baylor College of Medicine found that one in 20 — or 12 million U.S. adults — are misdiagnosed at medical clinics and doctors’ offices each year.

Greenville distracted driving ordinance goes into effect April 1

Published on: March 31, 2014 | by Patrick E. Knie

In terms of statewide laws, only three states have not yet placed restrictions on cell phone use while driving. South Carolina is one of those states. However, on April 1, a distracted driving ordinance will go into effect in the city of Greenville. In particular, the ordinance bans the use of handheld mobile phones while driving.

Initially, city officials considered a narrower ban on texting while driving, but statistics from other cities and states ultimately convinced the City Council to vote unanimously in favor of extending the ban to include all handheld devices. A ban on texting alone would have also posed enforcement difficulties for police.

Studies: Doctor errors, not system flaws, cause most deaths

Published on: March 17, 2014 | by Patrick E. Knie

Since 1999, hospitals throughout the United States have made well-intentioned efforts to adopt systems meant to prevent hospital errors. However, studies have shown that the widespread use of systematized medicine, by which hospitals use checklists to follow established protocol, has not significantly reduced the number of preventable hospital deaths. In fact, it is estimated that at least 100,000 patients die each year as a result of medical errors.

So what can doctors, nurses and hospitals do to better protect the safety of patients?

GM Recalls 1.6 Million Cars for Ignition Switch Defect

Published on: March 13, 2014 | by Patrick E. Knie

After coming under increasing criticism and pressure GM finally folded under intense pressure and recalled 1.6 million vehicles for a defect in the ignition switch which caused vehicles to shut down while being driven. The recall included six models – all from between 2003 and 2007 model years – including the 2005 – 2007 Chevrolet Cobalts and Pontiac G5s; 2003-2007 Saturn Ions; 2006-2007 Chevrolet HHRs, and 2006-2007 Pontiac Solstice and 2007 Saturn Sky models. Thirteen deaths have been linked to the ignition switch defect. Congress is now investigating whether GM concealed its knowledge on the defect. U.S. Rep. Henry Waxman was quoted as saying “the committee will examine whether GM knowingly allowed faulty and dangerous cars to remain on the road.” The Justice Department is also investigating whether GM broke any laws with its slow response to the problem. IF YOU BELIEVE YOU OR A LOVED YOU HAS SUFFERED HARM FROM A DEFECTIVE GM IGNITION SWITCH, WE CAN HELP. CALL PATRICK E. KNIE LAW OFFICES AT 1-866-665-4995 FOR A FREE CONSULTATION.

Blow the Whistle on Medicare or Medicaid Fraud

Published on: March 10, 2014 | by Patrick E. Knie

A federal law gives protection to those employees of hospitals, doctor’s offices and others who blow the whistle on those who are defrauding Medicare and Medicaid. While other private citizens can also blow the whistle, over 70% of all claims come from employees within the healthcare system. $35 billion has been recovered since 1987 when the law was toughened. The “False Claims Act” makes it unlawful to “knowing present or cause to be presented a false claim for payment or approval.” The False Claims Act (FCA) allows private individuals to bring actions to expose these offenders and, if successful the whistleblower can receive !5-30% of any amount recovered. Whistleblowers have received as much as several million dollars for helping to disclose dishonest healthcare providers. If a whisltle blower is retaliated against by an employer, the whistleblower can receive, in addition to his or her award, double damages plus attorney fees. IF YOU HAVE KNOWLEDGE THAT A HOSPITAL, DOCTOR, PHARMACEUTICAL COMPANY OR MEDICAL DEVISE COMPANY IS OVERCHARGING, CONTACT PATRICK E. KNIE LAW OFFICES AT 1-866-665-4995 AND LET US HELP.

Gaffney woman killed in hit and run near assisted living facility

Published on: March 10, 2014 | by Patrick E. Knie

Residents of assisted living facilities are generally allowed to come and go as they please. They may be asked to sign in and out so that staff members are aware of the residents’ whereabouts, but assisted living facilities typically offer residents more mobility than would a nursing home. However, depending on the circumstances of a particular case, negligence on the part of facility staff could still factor into why a resident suffered injuries.

In the wake of a fatal hit-and-run accident, the family members of a Gaffney woman are looking for answers as to why their loved one was taken from them. The 46-year-old woman was reportedly hit by a pickup truck as she walked on the road near the assisted living facility where she resided.

Mishandling of case may have resulted in loss of workers’ comp

Published on: February 28, 2014 | by Patrick E. Knie

As readers of our blog know, employees have the right to seek workers’ compensation benefits if they suffer a work-related injury. But as many may not know, certain laws can conflict with this right and cause a person to lose access to their benefits. While a lawyer is often considered responsible for telling their client about these potential problems, a case in Charleston is showing that this doesn’t always happen and what issues this can create.

Originally, a class action lawsuit had been filed on behalf of South Carolina residents who had suffered work-related injuries due to asbestos exposure during the course of their employment. The class action was expected to cover some 14,900 people and was supposed to seek damages for the plaintiffs. But a group of South Carolinians say that instead of getting adequate compensation, their lawyers mishandled their case and made it so that they can no longer collect workers’ compensation benefits.

Merck Agrees to Pay $100 Million in NuvaRing Settlement

Published on: February 14, 2014 | by Patrick E. Knie

Merck may pay $100 million to settle thousands of lawsuits over the safety of its NuvaRing contraceptive as long as enough women agree to participate. The settlement may resolve as many as 3,800 cases in federal and state courts. The lawsuits alleged that Merck knew while selling the product that it posed a higher risk risk of heart-attacking blood clots than competing products. A New Jersey judge gave preliminary approval of the settlement, subject to 95% of the plaintiffs participating in the settlement. If you beleive you have been injured by a drug or medical device, we can help. Call1-866-665-4995 for a free consultation.

Can a health care directive lead to accusations of neglect?

Published on: February 11, 2014 | by Patrick E. Knie

Imagine that you have a loved one who is currently living in an elderly care facility. Unable to care for themselves, they rely on the help from staff members to provide a certain standard of care. The nursing home staff then in turn relies on the health care directives provided to them by the patient or their health care proxy. This is done so as to avoid breaking any state laws. But what happens if these health care directives aren’t known or are not followed? Could it lead to accusations of patient neglect?

It’s possible for a family to think that a health care facility has failed to provide care for their loved one, especially when it comes to do not resuscitate orders. If the patient establishes a DNR without informing their loved ones, a death at the facility might be considered suspect and the family could accuse the facility of abuse or neglect as a result.

Icy roads to blame for 817 car crashes reported to SCHP

Published on: January 30, 2014 | by Patrick E. Knie

While some transplants from northern states may not have had difficulty travelling in the rare snow storm that struck much of South Carolina this week, most drivers were caught off guard by just how dangerous the roadways would be. A lot of drivers quickly discovered that their driving habits on dry pavement were not as effective on icy roadways, which resulted in a tremendous number of incidences across the state, including some here in Spartanburg.

So far, hundreds of accidents have been reported to emergency crews throughout the state. And with roads expected to still be icy throughout the rest of today and perhaps even into tomorrow, it’s hard to tell just how many more auto accidents we could see. At this time, the South Carolina Highway Patrol has responded to more than 1,400 weather-related calls, 817 of which were motor vehicle collisions due to slippery roads. If that number seems alarming, compare it to last year where only 89 accidents were reported over the same period of time.