South Carolina Lawyer Blog

In Hospitals, A Link Between Income Level and Readmissions

Wed, 16 May 2012 16:07:45 -0600

According to a new report from the National Institutes of Health, whether someone treated for heart failure ends up being readmitted to a hospital is more closely tied to income level and community than to how sick they are or how well a hospital treats patients.

The research, which was presented to the American Heart Association, shows that the percentage of patients who are readmitted because of heart failure varies by region. Some regions had rates as low as 10 percent, and others were as high as 32 percent.

After studying records from over 3,000 hospitals and 1 million patients, researchers found that the availability of doctors or hospital beds, a patient’s income level and their ethnicity were more strongly connected to higher rates of readmission than any other factors—including how sick a patient was or how well the hospital cared for patients.

These findings are a concern for some in the medical community, since hospitals with high readmission rates will face a steep penalty from the government—in the form of reduced Medicare payments—beginning next year.

Some hospital advocates say that the best option, rather than cutting payments, may be to look to the communities around hospitals with high readmission rates, since they are often hospitals which provide care to low-income and other at-risk patients. And because of recent hits to the economy and employment rates, concerns about readmissions and poverty rates aren’t just for hospitals and patients in places like New York, Chicago or Detroit.

What all this may mean for the quality of health care—or readmission rates—in South Carolina is still uncertain. Staff at the Good Neighbor Clinic estimate that there are 30,000 uninsured and poor patients in Beaufort County alone. This, combined with the recent findings linking high poverty levels to higher rates of readmission, should cause some worry for both patients and doctors.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. In addition to claims involving healthcare negligence, the Louthian Law Firm also handles whistleblower claims, sexual harassment, personal injury cases; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online contact form.

Seatbelt Misuse Continues to Endanger SC Drivers

Tue, 15 May 2012 09:00:00 -0600

A recent article in The State mentions two separate accidents along I-20 during the first weekend in May, which claimed the lives of three people. As the article mentions, none of the three who died were wearing seatbelts. What the article doesn’t mention is that a total of 10 people died on South Carolina roads that weekend—and none of them were wearing seatbelts.

According to the South Carolina Department of Public Safety (SCDPS), which keeps records of the numbers and kinds of accidents and deaths that occur on SC roadways, three of the 10 deaths were in a category where seatbelts are “not applicable,” a classification which includes pedestrians, cyclists and those on motorcycles.

However, the other seven people who died were motorists and passengers who were not buckled up at the time of the crash, investigators say. Also according to the most recent SCDPS figures, 271 people have died so far in 2012 on South Carolina roads. Among those, 121 were people who should have been wearing seatbelts. This figure becomes even more startling when you just focus on the number of people, with access to seatbelts in their vehicles, who have died in accidents this year. Out of the total deaths this year, 188 have been people in autos equipped with seatbelts. And, among this group, those without seatbelts account for 64 percent of all deaths.

South Carolina’s seatbelt law has long made it mandatory for every driver and passenger to buckle up (if in a vehicle with access to seatbelts) while on State and public roadways. For a number of years, however, the seatbelt law didn’t have what is called ‘primary enforcement,’ which meant that police officers couldn’t pull over anyone older than 17 just because they were not wearing a seatbelt. Officers could issue seatbelt tickets only if they stopped a vehicle for another reason first. However, SC’s seatbelt policies got tougher in December of 2005, giving officers the ability to use primary enforcement for seatbelt use. The tougher, current version of the state’s seatbelt policy now allows officers to pull over any vehicle if any person in that vehicle seems not buckled up.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm handles personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online contact form.

Location May Be Difference Between Life and Death, Studies Find

Thu, 10 May 2012 14:15:57 -0600

It seems the saying “location, location, location” may be important to remember in more contexts than real estate, according to the findings of a few recent health studies. One of the most significant studies focused on survival rates for heart attacks across the U.S.

The study, led by researchers at Yale University, looked at more than 500 hospitals across the country and compared hospital policies and practices with patient survival rates. Researchers found that survival rates doubled at hospitals which shared five common practices.

These practices centered largely on staffing and staff communication, with things like better teamwork among doctors and nurses or monthly meetings between paramedics and doctors positively impacting patients’ likelihood of surviving heart attacks. Unfortunately, according to their findings, fewer than 10 percent of the hospitals used even four of the five life-saving practices.

In addition to the Yale study, the American Heart Association and the American Stroke Association recently issued a recommendation based upon the effects of hospital choice on survival rates for stroke victims. According to the two groups, people who are diagnosed as suffering from aneurysmal subarachnoid hemorrhage, a kind of stroke which includes bleeding in the brain, should be admitted to hospitals which treat at least 35 of those cases a year. Their recommendation targets emergency room staff, who are often the first to diagnose patients with these kinds of bleeding strokes, saying that hospitals which don’t see many of these cases should immediately transfer patients to locations that do. Researchers found that at so-called ‘high-density’ hospitals, there were 12 percent fewer deaths than at hospitals that treated bleeding strokes less often. Patients treated at high-density hospitals may also have fewer complications in their recoveries, experts say.

Both of these reports shed important light on how hospital staffing and expertise among hospital workers affect a patient’s ability to access life-saving care—and how not all hospitals, not all locations, are created equal. Unfortunately, not all patients are in a position to know how to choose or even be able to choose the right place for treatment, especially in an emergency situation. Often, it’s left to family members to act as advocates for a loved one. It’s important to think about your medical wishes and to talk about them with your family. It’s also important to remember to take the time to do this before a medical emergency happens—before a loved one’s survival is on the line.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm handles personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online contact form

News Reports Outline University Fines Over Handling of Asbestos

Tue, 08 May 2012 09:00:00 -0600

Over the course of the last four years, the University of South Carolina (USC) has paid over $175,000 in fines because of health and safety violations involving asbestos—including an incident where at least one student was potentially exposed to the cancer-causing substance.

A recent article in The State outlines USC’s checkered history with the dangerous material—one that is often found in building materials made and used prior to the late 1980s, when the link between asbestos and certain types of illness and lung cancer caused the government to ban its use.

These most recent fines come on the heels of work carried out at three student housing complexes, a medical school building, a building at the USC-Lancaster campus, as well as Williams-Brice Stadium in Columbia. According to records dug up by The State’s investigation, USC has been cited at least five times since 2008 by the South Carolina Department of Health and Environmental Control (DHEC).

The dangers of asbestos—the brand name for a product that is actually a blend of six different minerals—has been well documented by both medical and environmental experts, since before the official 1989 ban by the Environmental Protection Agency. The Centers for Disease Control and Prevention, in coordination with the Agency for Toxic Substances and Disease Registry, maintains an online hub for information about asbestos, related health risks, and who to contact to detect and remove asbestos properly.

This isn’t the first time the University has run across fines and other penalties for asbestos troubles. According to various state records and news reports, USC’s troubles began almost 10 years ago, with DHEC citations for work done on the Spartanburg campus.

What seems most troubling—aside from the enormous cost of these fines—is the tremendous amount of danger students and workers at USC faced, and how very unnecessary that risk truly is.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm handles personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online contact form.

When Standard Hospital Bills Aren’t So Standard

Wed, 02 May 2012 17:06:48 -0600

A recent study that looked at more than 19,000 operations found that the costs of medical care in the U.S. aren’t at all uniform—for example, you could be charged anywhere from $1,500 to $180,000 for the same type of surgery.

The study, carried out by researchers in California, compared the costs of treating appendicitis—which involves removing a person’s appendix through a surgical procedure called an “appendectomy.” The researchers looked at the cases of people between the ages of 18 and 59 who were hospitalized for three days or less and whose cases were classified as “uncomplicated.”

The average bill for treatment was about $34,000, but researchers also came across a bill that totaled $182,955. Some of the differences in billing, the study found, happen because of the kind of hospital (public or for-profit, etc.) and how ill the patient is. For example, public hospitals tended to have lower costs on their bills than for-profit hospitals, the study found.

The biggest bill was for a woman undergoing cancer treatment who had her appendix removed—although her bill didn’t show any charges for cancer treatments. However, differences in hospital type and illness don’t explain all of the costs and differences in bills, researchers and medical experts say.

About 32 percent of the differences between bills remain unexplained, according to the study. Experts and patient advocates who commented on the study also pointed to the impact of insurance, saying that some well-insured patients are insulated from many kinds of charges, while under- or un-insured patients are given heftier bills—and often without understanding what hospitals expect them to pay for.

Even among insured patients, the type or brand of insurance can really affect the cost that ends up on your final bill. According to one healthcare advocate, costs within the same state, for the same type of procedure, can be three to six times as much—depending almost entirely upon insurance.

Along with questioning the impact of insurance companies, healthcare experts also say that expecting patients to comparison shop between hospitals is unrealistic—particularly for emergency care. Researchers also said their study looked at the amount that patients were charged, not at how hospitals were actually paid. Because hospitals can receive payments from insurance companies, employers, the government and other groups (like drug companies), some of the costs that get passed on to patients may have been affected by these other sources of income. But how this income affects a patient’s bill still isn’t clear.

Some advocates say that looking at how hospitals, insurance companies and other groups give doctors and administrators payments and other kinds of bonuses or “incentives” for certain kinds of medical care may help shed light on how a hospital bill actually gets made—and how costs get passed to patients.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm handles personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online contact form

South Carolina Nursing Home Abuse and Neglect Attorney Applauds Medicare Initiative Against Misuse of Antipsychotic Drugs

Tue, 01 May 2012 06:42:07 -0600

Columbia, S.C., April 24, 2012 -- South Carolina nursing home abuse and neglect attorney Bert Louthian today hailed a Centers for Medicare & Medicaid Services (CMS) program launched recently to combat the use of antipsychotic medications with nursing home residents.

“The excessive and inappropriate use of antipsychotic drugs in nursing homes and other elderly care situations is a longstanding problem, and it’s good to see the federal government’s primary medical care program for the elderly take steps to put an end to this kind of abuse,” said Louthian, a partner in the South Carolina personal injury firm, Louthian Law Firm, P.A., which is based in Columbia.

The “National Initiative to Improve Behavioral Health & Reduce the Use of Antipsychotic Medications in Nursing Home Residents” is meant to raise awareness of antipsychotic misuse, improve regulatory oversight and train nursing home workers on non-drug treatments for aggressive and agitated dementia behaviors, according to McKnight’s Long-Term Care News & Assisted Living online journal.

A 2011 audit by the CMS found that thousands of elderly nursing home residents suffering from dementia were given powerful antipsychotic drugs as a means of controlling aggressive behavior symptomatic of dementia, the New York Times reported.

The auditors said 83 percent of antipsychotic drugs prescribed for elderly nursing home residents were for uses not approved by federal regulators, and 88 percent were to treat patients with dementia, for whom the drugs can be lethal, the newspaper said.

“Applying medication that is known to be improper, let alone potentially lethal, is nothing less than abuse of the elderly,” Louthian said. “This practice, which is sometimes called ‘chemical restraint,’ needs to stop.”

Louthian’s law firm investigates elderly and nursing home patient neglect or abuse across South Carolina.

“Family members and others connected to nursing home patients need to help them by looking out for their welfare and asking questions about the medications they are receiving,” Louthian said.

“If a person thinks an elderly patient is being treated incorrectly, through improper medication or other means, they should contact an experienced nursing home abuse and neglect lawyer to learn about their legal options.”

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. In addition to claims involving nursing home abuse, the Louthian Law Firm also handles whistleblower claims, sexual harassment, personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online contact form.

Do Smarter Traffic Signals Mean Fewer Accidents?

Fri, 27 Apr 2012 10:10:10 -0600

Anyone who has had to sit through rush-hour traffic knows that it can be one of the most exhausting, dangerous, and expensive times to drive. The evening commute, between 5:00 and 7:00 p.m., is one of the most hazardous times of the day to drive—as this article in Forbes points out. However, South Carolina commuters are better off during this time than many of their counterparts across the nation, with an average drive time of just 23 minutes.

S.C. drivers may also have another reason to feel better about their commutes—in addition to a better trip time, the price of gasoline is lower today than one year ago, according to a recent article in The State. Some experts predict that prices at the pump may not rise for a while, which could be music to the ears (and wallets) of the nearly 2 million drivers who hit the road to commute in South Carolina.

However, there could be even better news for approximately 81,000 of those commuters, with the announcement of a $1.5 million Lexington plan to ease traffic along U.S. 1, U.S. 378 and S.C. 6. According to the article, traffic jams of over a mile are common along those road corridors during commute times. Such heavy traffic can lead some drivers to aggressive behavior, such as running red lights or tailgating—which can then mean more accidents. The latest plan is an effort by Lexington officials to improve traffic, and it focuses on installing a computerized signal system to control traffic flow—in contrast to an earlier, $80 million plan which focused on road construction.

The federal government favors computerized signal systems as a way to improve commutes and reduce accidents. According to an article in Public Roads, the magazine of the Federal Highway Administration (FHA), the computerized systems may help reduce the danger during the commute by helping to reduce the number of accidents. The FHA says that automatic signal systems can lead to improvements for drivers and cities, including:

Fewer serious or deadly accidents.

Less aggressive driver behavior, like red-light running or tailgating.

Better air quality and less gas use.

Less heavy traffic and better flow for commercial and emergency vehicles, buses, and the public.

Delayed or no need for road expansion or construction.

There are a few different ways to modify signal systems, each with different levels of computer control. A city can pick the kinds of controls that fit its traffic and commute needs, according to FHA information. The systems aren’t a complete fix for traffic problems and accidents, however. Many deadly accidents still occur in rural areas, according to the Insurance Institute for Highway Safety, where such traffic control systems aren’t operating. Additionally, the FHA recommends updating and adjusting systems every 2-3 years, and the cost can swing from as little as $300 per year to almost $3,000 per signal.

The Lexington system is expected to be up and running by the fall of 2013, and will cover about two dozen intersections in the downtown area—where the busiest routes intersect. Whether the systems will help make commute times safer and reduce the number of deadly or serious traffic accidents remains to be seen. It will be interesting to see if the numberof rear-ending or red-light running accidents is affected by the new signals. Until then, area drivers will have to find other ways to stay aware of and avoid aggressive drivers (and the accidents they cause) during commute times.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm focuses on personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online form.

Old Technology May Help Prevent Drunk Driving

Fri, 27 Apr 2012 10:06:53 -0600

The answer to ending repeat drunk driving offenses and creating more safe drivers may be a device that’s been around for more than 20 years, according to a recent study by the Insurance Institute for Highway Safety (IIHS). The study, which focused on drivers in Washington State, found that installation of a so-called “interlock” device on the vehicles of those convicted of drunk driving might be able to lower the rate of repeat DUI offenses by about half.

An interlock, also called an alcohol interlock, is a machine that acts like a breathalyzer. The device requires a vehicle’s driver to blow into it in order to start the vehicle. If the driver has a blood alcohol content higher than a pre-set level, the vehicle won’t start. The authors of the IIHS study say that their findings aren’t unusual, and that other studies have found that interlock devices lead to fewer repeat drunk drivers.

Nationwide, the number of impaired driving accidents and deaths fell in the 1980s and 1990s, but has remained fairly steady since those earlier drops. In 2010, nearly 450 South Carolina drivers died in drunk driving accidents. This number becomes even more disturbing when you consider that number along with the total number of people killed in accidents in S.C. that year. According to IIHS figures, 810 people died in accidents during 2010—which means that drunk drivers accounted for well over half of the deaths on South Carolina roads.

South Carolina has required some drivers to install interlock devices—which the state calls an Ignition Interlock Device (or IID)—since 2008. According to the SC Department of Probation, Parole and Pardon Services (which oversees the program), IID devices may be installed in the cars of drivers who have been convicted of at least a second DUI offense, who have completed the license suspension period and who have also finished an alcohol education program.

According to the IIHS, Congress is debating legislation that would tie each state’s highway funds to an interlock requirement for all DUI convictions. Not everyone is in favor of using the devices in all drunk driving cases. Some opponents want the devices limited to those with convictions that show an alcohol content of .15 percent or more. The study authors disagree with this proposal, however, since that threshold would leave out about one-third of people convicted of drunk driving.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm focuses on personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online form.

SC Dirt Bike Company Involved in Recall

Fri, 20 Apr 2012 09:00:00 -0600

Baja Inc., more commonly known as Baja Motorsports, has re-issued a recall of approximately 4,300 of its DR50 and DR70 dirt bikes. The recall was prompted by a defect in the fuel tank systems of the affected models, which can cause the bikes to leak fuel and is a potential fire hazard. The defect has already led to burn injuries among riders, according to recall information posted on the Baja Motorsports website. According to the company, consumers should stop using the affected dirt bikes immediately and contact Baja for free repairs.

The recall officially began in March, but Baja Motorsports, based in Anderson, S.C., received reports of a significant amount of malfunctions and more consumer injuries after the recall notice had been announced—more than twice as many, according to a statement issued by the U.S. Consumer Product Safety Commission (CPSC).

The original CPSC recall notice says that the recalled dirt bikes were sold exclusively at Pep Boys, between December 2010 and January 2011. The current CPSC notice, however, changes those dates to between December 2010 and January 2012 and no longer says the bikes were sold exclusively at Pep Boys.

Those who think they may have one of the affected models should check the bike’s VIN (vehicle identification number), which is located on the side of the bike, in the “gooseneck,” where the handlebars meet the body. The dirt bikes affected by the Baja recall have a VIN beginning with L98. For more information, people should contact Baja or read the current CPSC product recall statement.

This isn’t the first time Baja has voluntarily recalled a product. In 2010, the company recalled approximately 308,000 units because of a fuel system defect and a problem with vehicle throttles.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm focuses on personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online form.

Fewer Autopsies, More Medical Mistakes Unnoticed?

Thu, 19 Apr 2012 07:50:23 -0600

A recent study conducted in Spain showed that almost eight percent of fatally ill patients didn’t receive necessary treatment because they were misdiagnosed. Unfortunately, these mistakes were discovered only after the patients had died, during an examination of the deceased, commonly known as an autopsy. The Spanish study looked at how often autopsy findings matched doctor diagnoses in seriously ill patients who died in intensive care units, and it found a difference in 18.5 percent of the cases -- or nearly one in five.

The Spanish study should alarm American patients and doctors, since fatal misdiagnosis is not a problem unique to Spain.

A 2004 article by Dr. Kaveh G. Shojania, who works in the Department of Medicine at UC-San Francisco, discusses the dangers of misdiagnoses in seriously ill patients, and points to several factors that can lead doctors to the wrong conclusions. Dr. Shojania also points out how the reduced incidence of autopsy in the United States makes it difficult to track the rate of misdiagnosis. An example of this could be a 2003 report published in the Journal of the American Medical Association, which found that nine percent of acutely ill U.S. patients received a misdiagnosis that seriously impacted their treatment. The authors reached this figure by surveying autopsies recorded between 1966 and 2002.

According to the Centers for Disease Control and Prevention (CDC), the percentage of U.S. deaths investigated with an autopsy dropped more than 50 percent from 1972 through 2007, going from about 19 percent to around 8 percent (or fewer than one in ten deaths). What autopsies look into has also changed, according to CDC data. In 1972, about 80 percent of autopsies examined deaths which involved disease or illness, and the remaining number were because of external causes, such as injury, accident or homicide. By 2007, those proportions had changed dramatically. Disease-related exams represented less than half of all autopsies carried out—and the total numbers, as we just mentioned, shrank drastically by that time.

The shrinking numbers of investigations into the deaths of critically ill patients may be letting serious mistakes in the medical system go undetected. According to patient safety researchers and experts, the number and frequency of errors in doctor diagnoses have gone largely uninvestigated. The experts agree that there are many factors that impact a doctor’s opinion and medical findings—and an autopsy is often an important tool in determining the effectiveness of various treatment options.

Of course, the declining number of autopsies may also have many causes. Many families may not be aware that they can request an autopsy, even for a non-violent or seemingly normal death. Additionally, the cost of autopsies has caused some hospitals to stop the practice almost entirely and may bar some families from being able to request a thorough investigation into the exact cause of a loved one’s death.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm focuses on personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online form.

Drugs Given In Hospitals By Dispensers May Contain Bacteria

Fri, 13 Apr 2012 09:00:00 -0600

A recent report about robotic drug dispensers, a kind of technology used more and more often in hospitals, found that the dispensers may be more likely to contain harmful bacteria, and be able to spread those bacteria to medications and patients.

According to the report, hospital staff in North Carolina found harmful Bacillus cereus germs during a routine test of drugs dispensed by a pharmacy robot system. The germ is not only potentially harmful to humans, it is resistant to many common disinfectants, including alcohol. Bacillus cereus is commonly associated with certain kinds of food poisoning, according to the U.S. Food and Drug Administration.

While the most common effects of Bacillus cereus infection are digestive problems or vomiting, the germ has been known to cause lung infections, gangrene, brain swelling and even death.

The study says that the germ outbreak was traced back to parts of the robot cleaning system which, surprisingly, isn’t considered a ‘sterile’ part of the machine and has no formal cleaning or maintenance procedures from the manufacturer—other than suggestions of occasional “fogging” with alcohol.

In the North Carolina case, there were no reported cases of the germ spreading to patients, but experts say the risk of such a spread is possible, especially for drugs given by injection. This makes the presence of harmful germs in the pharmacy robots especially disturbing, since they are used specifically to prepare sterile drugs for injection.

The authors of the study and other experts say that the makers of the pharmacy robots should come up with more specific guidelines about keeping the robots clean and free of unwanted and potentially dangerous germs. They also suggest using the robot in the clean rooms of hospital pharmacies, which may help limit exposure to contaminants. Regular testing of drugs dispensed by the pharmacy robots is also necessary, the report says.

If you or someone you care about has been injured by the negligence of a medical professional or hospital, you should speak with a South Carolina medical malpractice attorney like the ones at the Louthian Law Firm as soon as possible. Our attorneys can help you evaluate your case; protect your legal right to the courts; and stand by your side throughout the legal process.

For a free consultation, call the Columbia SC Medical Malpractice Lawyers at Louthian Law Firm today at (866) 454-1200 or locally at (803) 454-1200. You can also fill out our confidential online case evaluation form.

As Deadlines Loom, Doctors Complain Of Overlapping Digital Systems

Wed, 11 Apr 2012 14:26:38 -0600

Controversy has accompanied recent overhauls and changes to the medical system in the United States. The switch to electronic health records (or EHRs) and other digital systems seem to be at the heart of much of the controversy.

Recent articles about the safety and security of EHRs have questioned how ready hospitals and doctors are for the switch from traditional, paper-based record keeping. Another recent study, focusing on emergency room records, showed that the more designers improved the ability of EHR software to recognize unapproved abbreviations used by doctors (for things like medications or symptoms), the more doctors used them. That increased the risk of the notes being misread by another doctor or pharmacist.

However, patient safety and security wasn’t the main concern behind a recent letter from the American Medical Association (AMA) to the Department of Health and Human Services (DHHS), urging government regulators to ease impending deadlines—and, more specifically, the financial penalties tied to them. The AMA letter, addressed to DHHS Acting Administrator Marilyn B. Tavenner, says that doctors are facing a “storm” of overlapping regulations and deadlines from government mandates.

The letter focused mostly on the fines and penalties facing physicians who do not meet deadlines for new electronic drug prescribing systems, EHRs, and a program known as the Physician Quality Reporting System (PQRS), which pays doctors for reporting information about the impact of some kinds of treatment paid for by Medicare.

The letter states that the quality of medical care could be hurt by overlapping systems, and uses the example of a situation where a doctor receives a payment and a penalty at the same time, because of the same program. According to the letter, this sort of confusion and financial strain could keep some doctors from wanting to update to EHRs or other systems on time—even at the cost of patient safety.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm focuses on personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online form.

Columbia Car Accident Attorney Calls for National Campaign to Combat Speeding Deaths

Thu, 05 Apr 2012 07:18:50 -0600

Columbia, S.C., March 29, 2012 -- Columbia car accident attorney Bert Louthian said today that stricter law enforcement and educational campaigns suggested by the Governors Highway Safety Association (GHSA) should be pursued to fight an increasing number of deaths attributed to speeding over the last 10 years.

“As a society, we should address speeding and the destruction it causes the same way we have worked against drunk driving and for the use of seat belts to save lives,” said Louthian, a partner in the Columbia personal injury firm, Louthian Law Firm, P.A.

The GHSA said this month that there has been progress in “nearly every other area of highway safety,” over the last 30 years, but speeding has continued to be a factor in about a third of traffic deaths each year.

Car accidents blamed on speeding in the U.S. accounted for 31 percent of all traffic deaths in 2010, marking a 7 percent increase since 2000, the GHSA said. At the same time, car crash fatalities blamed on not using a seatbelt dropped by 23 percent and deaths due to drunk driving were down by 3 percent.

The GHSA said that seven states have increased maximum speed limits “despite research showing that an increase in traffic deaths was attributable to raised speed limits on all road types after the 1995 repeal of federal speed limits,” of 55 mph.

South Carolina allows 70 mph speed limits on interstates.

The GHSA says states should consider increasing law enforcement efforts against “aggressive driving” because “the public considers aggressive driving a more serious threat to safety.” The study also suggests stricter enforcement of speeding in school and work zones, which it says has strong public support.

South Carolina has no specific “aggressive driving” law, although 11 states do. South Carolina law specifies enhanced fines of $75 to $200 or up to 30 days jail, or both, for speeding in a work zone.

The GHSA report also said the National Highway Traffic Safety Administration (NHTSA) should sponsor a high-visibility enforcement campaign and support public awareness efforts to address speeding and aggressive driving.

Louthian said if a South Carolina resident is severely injured in a car accident caused by speeding, they should seek legal help to hold the driver at fault accountable and to obtain compensation for their losses through a lawsuit if necessary.

“Those who suffer personal injury or the wrongful death of a loved one in a motor vehicle accident face medical bills, repair bills, lost income and other financial costs that often were caused by someone else’s recklessness, such as speeding,” Louthian said. “These are the people we stand up for and fight for.”

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm focuses on personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online form.

BMW Recalls 1.3 Million Autos

Fri, 30 Mar 2012 10:45:00 -0600

We’ve written before about recalls and how to keep yourself and your loved ones informed and safe. Now we’ve come across an article in the Chicago Tribune about BMW, which has announced a major recall—nearly 1.3 million vehicles worldwide—because of a defect that could cause vehicles to fail to start and perhaps even catch fire.

The problem seems to be a battery cable cover, which may be incorrectly connected in some vehicles. BMW says they are unaware of any owners who have reported injuries due to the defect, but the maker is still recalling all 5- and 6-series autos built between 2003 and 2010. Owners can take vehicles affected by the recall to a BMW dealer or shop for repairs, free of charge.

BMW isn’t the only manufacturer to recall autos this month. The National Highway Traffic Safety Administration (NHTSA) maintains a current auto recall list that owners may want to check. After a quick look, we found Toyota, Land Rover, Hyundai, Subaru, Volvo, GM and even Porsche among the makers on the list this month. The list is updated daily. Owners may also want to consider signing up for personalized recall notices from the NHTSA, which allows users to choose specific auto makers and models.

Unfortunately, this isn’t the first time BMW has run into trouble with defects—the NHTSA recently fined BMW North America for not reporting 2010 defects and safety issues to the government quickly enough. According to the NHTSA comments about the $3 million fine, BMW issued 16 recalls during 2010. In recent years, studies in effective recalls found that the lack of fast, clear warnings to consumers about safety hazards is one of the biggest obstacles to an effective recall. Hopefully BMW issued the 5- and 6-series recall in time to prevent any injuries or accidents.

At the Louthian Law Firm, we have more than 50 years of experience helping injured South Carolinians seek justice. For a free consultation, call us today at toll free at 888-662-2895 or locally at 803-454-1200. You can also fill out our confidential online case evaluation form.

With Tobacco Deaths on the Rise, Is Big Tobacco Still Hiding Facts?

Fri, 30 Mar 2012 10:33:43 -0600

Deaths related to tobacco have nearly tripled over the past decade, according to a new report led by the World Lung Foundation (WLF) and American Cancer Society.

The report also charges that tobacco companies have tried to interfere with efforts to increase public awareness about the dangers of tobacco products.

According to the report, deaths from tobacco are on the rise in poorer and developing areas—such as China, Africa and the Middle East. Almost 80 percent of tobacco-related deaths are people in such areas. In Turkey, smoking related illnesses are responsible for 38 percent of all male deaths, the WLF reports. In China, tobacco kills 1.2 million people each year, according to the report. That number is estimated to reach 3.5 million by 2030, the report says.

The WLF also says that the top six tobacco makers had profits of $35.1 billion in 2010—equal to the profits of McDonald's, Coca-Cola and Microsoft combined.

According to the World Health Organization (WHO), tobacco industry interference will be the theme of their next “World No Tobacco Day,” which will take place on May 31 of this year. The announcement about World No Tobacco Day calls efforts by the tobacco industry to combat public anti-smoking initiatives “brazen and increasingly aggressive.” The WLF report accuses tobacco companies of promoting misunderstandings about tobacco and increasing legal challenges against efforts to change product labeling and pass public smoking bans.

Though smoking deaths have seen a decline in more developed countries, smoking is still the leading cause of early, preventable deaths in the US, according to the American Cancer Society. Smoking is also one of the leading causes of death for American women, according to the Centers for Disease Control and Prevention (CDC), killing nearly 174,000 women every year. The CDC also estimates that cigarettes cause almost 400,000 deaths in the U.S. each year.

Experts at the American Cancer Society say this figure may actually be higher, since that number doesn’t account for the children and others who suffer from tobacco-related sicknesses because of second-hand smoke.