Encephalomalacia Caused by Head Trauma

May 23rd, 2013

Encephalomalacia 300x192 Encephalomalacia Caused by Head TraumaEncephalomalacia refers to softening of the brain’s tissue due to hemorrhage or inflammation. It is one of the most serious types of brain injury. It can affect specific parts of  the brain, or can be more widespread, and encephalomalacia can lead to complete dysfunction of the part of the brain that is affected.

There are various subtypes of encephalomalacia, and it can affect any age group, and infants in utero. Leukoencephalomalacia affects the white matter of the brain, which is primarily the coating of the neurons, and polioencephalomalacia affects the neurons themselves, or the grey matter.

Encephalomalacia can be caused by stroke, or by severe brain swelling that interrupts cerebral blood flow. Removal of tumors may leave areas of brain softening, but one preventable cause is serious head trauma.

Head Trauma Causing Encephalomalacia

If one suffers a serious head trauma — such as in a motor vehicle accident or fall from a construction site — that person may sustain a severe traumatic brain injury, including encephalomalacia.   Signs and symptoms include dizziness, vertigo, ataxia, sleepiness or coma. Encephalomalacia can be diagnosed by stroke or MRI.

It is difficult to treat encephalomalacia. It is not possible to cure, as destroyed brain tissue cannot be regenerated. Treatment consists of detecting the underlying cause and treating it. Severely damaged brain tissue may be removed by surgery. This may, however, contribute to a change in consistency of the surrounding brain tissue. It is difficult to determine if the affected parts of the brain can ever be functional after encephalomalcia has been treated.

Encephalomalacia after head trauma is a serious condition with lifelong consequences and residual disability, or even death from a terminal coma. If you or a loved one has suffered encephalomalacia as the result of head trauma, you may have lifelong medical expenses and lost wages, and most importantly, severe lifelong disability.

If you have suffered brain trauma as the result of someone’s negligence, call Passen Law Group at 312-527-4500 for a Free Evaluation.  

Construction Site Fall Injuries

May 21st, 2013

construction fall injury Construction Site Fall InjuriesIt goes without saying that construction is a dangerous industry in which to work.  However, the statistics are alarming

In 2001 alone, there were 481,400 non-fatal injuries and 1,225 fatal injuries in the construction industry in the United States.  Although construction only comprises about 6% of American industry, the industry experiences approximately 20% of work-related fatalities.

Although the hazards and risks of construction are generally understood, preventable accidents on construction sites continue to occur.

Fall Injuries on Construction Sites

Causes of injury in the construction industry often include falls from heights, excavation accidents, machine accidents, and being hit by falling objects. There are also motor vehicle collisions and electrocutions. Other health hazards reside in toxic materials encountered in construction, and the full extent of the health hazard may not be realized until years later. These materials include asbestos and solvents.

However, falling from heights is the leading cause of injury. OSHA recommends fall protection in many areas and surrounding many activities, including ramps, runways, excavations, hoist areas, work on unprotected sides and edges, wall openings, residential construction and many other instances.

Fall protection in the form of guardrail systems, safety nets, personal fall arrest systems and positioning devices or warning lines should be provided wherever a fall might result in an injury.

The height limit where fall protection is required is not defined. It is any height that may result in injury from a fall. Protection is also required when the employee is at risk of falling onto dangerous equipment.

Guardrail systems, safety net systems, personal fall arrest systems, positioning device systems, and warning line systems can provide fall protection. It is the responsibility of the employer to ensure that workers understand the risks and the role of safety equipment in prevention of injury. All workers should observe proper workplace rules and should understand the use of fall prevention equipment.

OSHA has a fall prevention campaign, recognizing that falls are the leading case of construction site injury. Plan, Provide, and Train are the bywords of the campaign, and the focus is on falls from ladders and scaffolding.

Planning includes recognizing the necessity to provide safety equipment necessary to protect workers, and including that safety equipment in the estimate of the job cost. When construction begins, all necessary safety equipment should be available at the site.

Workers at heights of six feet or more are at risk of injury or death. Different ladders, scaffolds and other safety gear, including personal fall arrest systems, should be utilized for work at heights, including roof work.

Training should be thorough, and each worker should understand both the function and the way to correctly utilize each piece of equipment required for safety. OSHA provides multiple handbooks and learning guides in an effort to improve construction industry safety rates.

Areas where falls may occur unexpectedly should be well marked with warning signs. Employers should take all possible precautions to prevent the many unnecessary accidents and deaths.  If you should have a fall from a height on a construction job, you may have long-term disability and continuing medical bills, in addition to lost wages. You should see a competent legal professional, such as a construction injury attorney, to evaluate your case for the possibility of negligence on the part of your employer.  Call Passen Law Group at 312-527-4500 for a Free Case Evaluation.  

Abusive Hospital Billing and Medicare Fraud

May 14th, 2013

Medicaremedicalbills 300x226 Abusive Hospital Billing and Medicare FraudA conversation with a senior citizen can be revealing. Medicare typically covers 80% of hospital costs, not including the first day of the stay.  Medicare also carefully reviews hospital charges, and often refuses to pay certain charges it deems to be inappropriate. At that point, the hospital will attempt to collect from the patient.

A client recently reported a conversation she had with her father, who reported an incident of abusive billing by his local hospital. He had a pacemaker implant, which took less than half an hour. The pacemaker implant was done with mild sedation, and when my father received the bill from the hospital, he was billed for the services of two anesthesiologists, for 4 hours each. He called the hospital and explained that he sat in the hallway from 8 until 10:30, a period of time for which the hospital had claimed the two anesthesiologists were present. The implant itself was completed in 30 minutes, during which he discussed Coptic Christianity with the cardiologist. One anesthesiologist was required to be present because of the sedation. It is not clear why the second anesthesiologist showed up. They left at 11.

The client’s father looks at his hospital bills, especially when Medicare disallows a charge which the hospital later attempts to collect from him.  He called the billing department and asked them for an explanation of the charge, which was $800 after Medicare and his secondary insurance plan had paid their portion of the bill. The hospital representative explained that he was billed for 4 hours of service by the two anesthesiologists. Medicare had disallowed the bill for one of the anesthesiologists because she had allowed her certification to lapse. Her father told the hospital representative that not only were the two doctors not present for longer than 30 minutes, but two doctors were not necessary and he did not plan to pay the bill unless he was ordered to do so by a court. The hospital quickly removed the charges.

Her mother-in-law was reviewing the many bills and notices she receives from various facilities, doctors, and statements from Medicare, when she noticed that a local equipment company had been billing Medicare on her behalf for a wheelchair, at $140.00 per month, a wheelchair she had never seen or needed. She called the owner of the medical equipment supply company and pointed this out to him, and he became quite agitated with her. No wonder, as he was engaged in Medicare fraud, and probably on a wider scale than this one instance. We have suggested she report this crime to Medicare, but she, like many elderly people, fears getting on the wrong side of  what appears to her to be a monolithic healthcare system.

The United States is one of the only countries in the developing world in which people end up in bankruptcy due to medical bills. Sadly, some of those bills are due to cost transferring, and it is difficult to actually pin down hospitals for the cost of a procedure or hospital stay. This is because hospitals are involved in multiple agreements with different third-party payers, and they shuffle costs around to maintain profitability. Even non-profit hospitals are run this way, and although they are technically non-profit, administrators and high-level employees benefit from incredible perks, including board meetings in Hawaiian resorts (St. Dominic’s Hospital in Jackson, Mississippi) or satellite offices in Italy and Ireland (University of Pittsburgh Medical Centers). At the same time, patients are subjected to inadequate care due to inadequate staffing by nurses and aides.

If you receive a suspect hospital bill, or believe you have been used in a Medicare fraud scheme, you should see an attorney for an evaluation of your case. You may be able to challenge unfair charges, or charges for services not received. If you don’t challenge these charges, the hospital will turn your bill over to a collection agency and you will find yourself in a defensive posture. With respect to Medicare fraud, the government rewards whistleblowers, and your attorney can explain the law in this respect.

Respiratory Depression and Death Caused by Duragesic (Fentanyl) Patches

May 9th, 2013

Duragesic fentanyl patch are extended relief patches that dispense a very powerful opiod over (usually) 72 hours. They are only indicated for patients who have chronic and unrelenting pain that is not relived by other, shorter acting painkillers, like Lorcet or Percocet. Although opiod drugs are frequently prescribed for lesser ailments that, in good medical practice, should be treated with non-opiod painkiller, some physicians prescribe opiods far too freely.

Drugs like fentanyl are particularly indicated for severe and long-last pain, like that of cancer with bone metastases. Fentanyl is 100 times more potent then morphine. However, some doctors will prescribe a fentanyl patch for patients with chronic back pain or even fibromyalgia. This is not only inappropriate, but it is very dangerous, as some of these patients are not tolerant of opiods and may overdose on the stronger drug, leading to respiratory depression and death.

In fact, death by opiod overdose is caused by the depression of respirations by the drug, the main adverse effect. Coupled with the sedation of the central nervous system, the patient may fall asleep or pass out, and while asleep, with a decreased respiratory drive, the patient will simply stop breathing.

A particularly dangerous situation occurs when patients are prescribed a fentanyl patch and given other opiods for “breakthrough pain.” The addition of other opiods makes fentanyl patches even more dangerous.  Lethal levels of opiods will cause overdose and death.

Despite 5 recalls of Fentanyl patches for such reasons as leaking and faulty manufacturing, the patches are still available and their use by physicians remains widespread. Problems with leakage from faulty manufacturing of fentanyl patches has resulted in many deaths as a result of large doses of fentanyl gel leakage on to the skin, where it is absorbed in such a large dose at once that is causes overdose. Manufacturers such as Ortho-McNeil, Watson Pharmaceuticals, and Pricara, a division of Johnson and Johnson, have recalled leaking Fentanyl patches. There are multiple generic manufacturers of the patches. Johnson and Johnson alone has recalled almost 40 million fentanyl patches.

Some signs of opiod overdose include constricted pupils, fatigue, clammy skin, nausea and vomiting, confusion, dizziness, slowed breathing, seizures, loss of conscious or coma.

Another side effect of the patches, and of any opiod prescribed on a regular basis, is dependence, which means that the patient will suffer severe side effects when stopping the drug. In some patients, this dependence leads to addiction. Inn 2005, the FDA issued a Public Health Advisory for healthcare professionals and the public to warn of the dangers of fentanyl (Duragesic) patches, significantly mentioning that they should be used only in patients already tolerant of opiods, and that they could result in repiratory depression and interactions with alcohol and other drugs of abuse.

There have been multiple lawsuits against the manufacturers of fentanyl patches, some resulting in multi-million dollar verdicts or settlements to the families of the deceased patients.

If you or a family member has experienced an overdose, addiction or dependence, drug interactions, or death as a result of use of a fentanyl (Duragesic) patch, you may have a claim against the manufacturer and possibly against your prescribing physician. You should consult a personal injury or medical malpractice attorney for a thorough evaluation of your case.

Truck Accidents: Semi-Trailer Tractor Trucks

May 7th, 2013

Tractor-trailer trucks are ubiquitous on American highways, and often, because of their size, their drivers might act as though they “own” the road. All of us have seen speeding trucks barreling down highways or turnpikes, and because of their size, it is much more difficult for these large trucks to slow down for vehicles traveling more slowly in front of them. Because they often travel too closely behind the vehicle in front, they find themselves swerving into adjacent lanes to avoid a rear-end collision.

Because they have blind spots that are located around the front, back, and sides of the truck, they often turn into cars in the adjacent lane, causing critical injuries and fatalities to the occupants of the cars in the adjacent lane. They may often cause “pile-ups,” in which multiple cars collide or are forced off the road, sometimes resulting in rollovers, ejection of occupants from the vehicle, and even paralysis, if not death.

Because trucks can require up to 40 percent more space than a car in order to turn, they may crush a car between the truck and the curb, causing serious injury to the occupants of the car or SUV. These trucks can weigh more than 80,000 lbs., and the results of a collision between a semi-trailer truck and a passenger vehicle can be devastating.

Often truck drivers will drive for long periods without sleeping, which is against federal law. These fatigued drivers may doze off to sleep, or may be so tired that the net effect is like driving under the influence. The Federal Motor Carrier Safety Administration (FMCSA) governs the time drivers can operate a truck without stopping to rest.

Using a cell phone will driving is often responsible for unexpected swerves or failure to slow adequately to avoid the vehicle in front, and the consequences of cell phone use while driving large trucks is often death or critical injury for other occupants of the road.

Because truck drivers know that drivers of smaller vehicles are aware of the dire consequences of a collision with a truck, they realize that drivers of smaller vehicles will do almost anything to avoid a collision. Some truck drivers drive extremely aggressively, a fact of driving on American highways that we have all probably experienced more than one time.

Driving 50,000 pounds at 70 miles per hour gives a truck twice the momentum as the same truck driving 50 miles per hour. In bad weather, when road conditions are hazardous, the difficulty of slowing a large truck driving at any speed can be nearly impossible.

Trucks, like all commercial vehicles, have strict maintenance and safety standards, which may not be observed. The failure to install mirrors in blind spots is a major safety problem. Violations occur when drivers fail to inspect their tires, brakes, and lights.

Although all truck drivers are in no way irresponsible, there are often drug and alcohol associated accidents caused by drivers of large trucks under the influence of some chemical substance. Very often, drivers involved in accidents have been found, among other things, to have amphetamines in their system. If amphetamine abuse becomes habitual, the side effects include a “crash” when the drug wears off, and long-term use can lead to paranoia. None of this makes for safety on the roadway. In fact, when drug screenings were performed on 168 fatally injured truck drivers, one or more drugs were detected in 67% of these drivers. Truck drivers are not allowed to drive without a commercial license, and any driver operating a commercial vehicle cannot report for duty with an alcohol concentration of 0.02 or greater. Furthermore, possession of alcohol is not allowed while driving, including cough or cold preparations, unless they are part of a shipment.

If you or a family member has been involved in a collision involving a semi-trailer tractor truck, you should contact a personal injury attorney to investigate your claim.