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Avoiding “Structured Settlement” Scams

April 6, 2012 By

Often times, the effects from an accident go well beyond the pain and medical procedures. Often times, the financial aspect of your injury is every bit, if not more stressful.

This “financial” stress can eventually lead to depression and desperation and prompt you to make ill-advised decisions in the hopes of fixing your money situation.

One of these ill-advised moves is to work with a structured settlement company that offers immediate, lump-sum payouts. In exchange, you agree to sell the company your future payments from any settlements.

The problem of course is this comes at a pretty steep price. Typically, structured settlement companies will only offer a fraction of the money you would otherwise receive from your eventual settlement.

If you’re considering a structured settlement for whatever reason, consult with your personal injury attorney and any structured settlement professionals they’ve worked with. Or, you can speak to a trusted financial adviser on how best to sell future payments.

Here are a few things you need to consider:

  • Don’t take selling your future payouts lightly
  • Explore all other options before deciding to sell your future payouts
  • If selling is the only option or even the right option, only work with reputable companies who use a fair and transparent process

Even with laws and statutes in place, many structured settlement companies are able to push through unsavory deals. For example, many states require judicial approval for all structured settlement transactions. The court is charged with ensuring the discount rate and any fees and expenses are fair and in the best interest of the payee (..you) and his/her dependents.

So while there are some protections built in, sound advice is still key.

Structured settlement companies that help accident victims with immediate cash needs are certainly valuable, provided they follow all laws and make sure their customers are given the information they need to make an informed decision.

However, bad apples do exist so only seek out the most reputable structured settlement firms to work with.

Original story appeared in the Fall 2011 issue of The Safety Report

Filed Under: Advocacy, Injury Tagged With: , , , , ,

Mother, Father Allege Inadequate Fetal Monitoring Led to Birth Defects

February 7, 2012 By

Becoming a parent is one of the most special things you can experience in your life. Unfortunately though, not all newborns come out 100% healthy. If any birth defects come about due to potential medical malpractice or negligence, it can be doubly devastating.

This was the unfortunate case for Michelle Holweger, who was admitted to a naval hospital during the 35th week of her pregnancy because of significant cramping. About an hour after she was admitted, the expectant mother was attached to a fetal monitor where it was discovered her baby’s heart rate was almost non-existent.

So about 2 ½ hours after her admission, Michelle underwent an emergency cesarean section where it was discovered she had experienced a placental abruption. Once her daughter was born, she required intensive care due to respiratory distress. Her Apgar scores were dangerously low – one at one minute and two at five minutes.

Michelle’s daughter, now 5, has been diagnosed with having developmental delays and cerebral palsy.

Individually and on their daughter’s behalf, the Holwegers sued the United States government alleging that the mother was not properly triaged and attached to a fetal monitor quick enough. Their suit also alleged the hospital staff did not properly interpret the fetal monitoring strips and that they failed to perform the cesarean section in a timely manner.

Because of these delays, the parents (plaintiffs) claim their daughter suffered hypoxi-ischemic encephalopathy.

Defendants in this case claim that Holweger didn’t exhibit signs of placental abruption and that the cesarean delivery had been done in a timely manner.

The two parties settled the case for about $2.3 million.

Medical malpractice involving newborns can be particularly troubling, especially considering that many birth defects can have lifelong impacts. If you think negligence played a part in any of this, you should consider any legal options to help you cope with ongoing medical expenses for your child.

Medical malpractice attorneys at the Gilreath Law Firm in Nashville/Knoxville can help you determine if you have a case. Contact us today to schedule a free consultation.

Original story appeared in the August, 2011 issue of Trial magazine

Filed Under: Medical Malpractice Tagged With: , , ,

Shoulder Pain Pump Injections Pose Devastating Risks

December 16, 2011 By

Injury to the shoulder(s) often result from falls, especially if they were off a ladder or higher up off the ground. To repair the damage, arthroscopic (shoulder) surgery is often used. Following this procedure, the patient will still be in a lot of pain.

While oral medications are used much of the time, direct injection of pain medication through a catheter is sometimes used.

This direct injection method helps provide needed relief from pretty serious pain. However, many patients who have received pain medication through this method claim the injections led to a much more serious condition known as Postarthroscopic Glenohumeral Chondrolyosis, or PAGCL.

PAGCL is characterized by a progressive loss of cartilage in the glenohumeral joint, which connects the arm and shoulder together.

This cartilage cannot regenerate and therefore its loss is permanent, which causes severe pain, discomfort and a life-long disability. Other indications of PAGCL include:

  • Increased shoulder pain both when resting and moving
  • More stiffness in the shoulder
  • Clicking, popping and grinding in the shoulder
  • Loss of strength and decreased range of motion
  • X-ray will show narrowing joint space

Complaints from patients led the American Academy of Orthopedic Surgeons to commission a study in 2006 where 152 shoulder surgery patients were examined. Of these patients, 12 developed PAGCL, all of which received pain pump injections directly into the shoulder.

Patients who only received injection(s) to the soft tissue surrounding the shoulder did not experience breakdown in cartilage…this much shorter injection is in fact the only method approved by the U.S. Food & Drug Administration.

In an advisory released a few months ago, the FDA asked manufacturers to include warnings about direct injection. However, the agency doesn’t openly say pain injections cause cartilage breakdown, maintaining they do not know why this occurs in some patients.

Regardless, many lawsuits have been filed by patients seeking compensation for damages resulting from the use of pain pump injections.

If you’re experiencing symptoms listed above and have had direct injections of pain medication to your shoulder, it’s important you consult with your doctor immediately.

It’s also suggested you contact a medical malpractice or defective product attorney licensed in your state. Tennessee medical malpractice attorneys at Gilreath & Associates can help you obtain compensation for injuries stemming from defective products like this.

Filed Under: Injury, Product Failures Tagged With: , , , ,

Research Shows E-Prescriptions as Prone to Error as Handwritten Ones

November 10, 2011 By

Submitting prescriptions electronically has been lauded by the healthcare industry and policy makers alike as a way to reduce errors and costs. However, research recently published in the Journal of American Medical Information Association concludes that prescriptions sent electronically are just as likely to contain errors as ones written out by hand.

A clinical panel reviewed 3,850 computer generated prescriptions that were received by a commercial pharmacy chain in 3 states in 2008. The panel reviewed the prescriptions for medical errors and examined whether any of the mistakes could pose harm to the patient.

If the nearly 4,000 prescriptions analyzed, 11.7% of them contained some sort of error. Of all of the prescriptions, 4% had errors that could pose some sort of harm to the patient (…most were considered ‘serious’ or ‘significant’ events but none were life-threatening).

According to authors of the study, this is about the same rate of error found in handwritten prescriptions. Researchers though concede to one limitation of their findings – they were unable to determine whether a prescription was sent electronically to the pharmacist or was prepared on a computer, printed out and given to the patient.

“Although most evidence suggests enthusiasm for a more paperless system is well founded, new technology can also introduce new potential for medication errors,” comments Karen Nanji, MD, of Massachusetts General Hospital in Boston and one of the study’s authors.

Errors in the electronic prescriptions were highest among anti-infectives, accounting for 17.3% of the mistakes. Nervous system drugs and respiratory drugs constituted the 2nd and 3rd most common errors respectively.

Of the errors, nearly 2/3 of them consisted of omissions of important information like duration, dose or frequency. Other errors simply consisted of confusing information – like telling a patient to take the drug ‘as directed’ but not expanding any further.

One error for example included instructions for the patient to take five, 500 mg Vicadin tablets every four to six hours.

“Implementing a computerized prescribing system without comprehensive functionality and processes in place to ensure meaningful use of the system does not decrease medication errors,” the study concluded.

Authors of the study also outlined ways healthcare providers could reduce errors, like programming systems so they do not allow omission of information, incomplete drug names or inappropriate abbreviations.

Having errors on your prescription could lead to disastrous consequences, even death in some cases. If you’ve been adversely affected by an error on your prescriptions, you may be able to pursue a medical malpractice claim in Tennessee.

If you or a loved one has experienced a situation like this, it would behoove you to speak with a medical malpractice attorney in Tennessee experienced in helping patients adversely affected by prescription errors.

Under Tennessee laws, you only have 1-year from the date the prescription was issued to pursue a case and obtain compensation for medical costs, lost wages from work and damages for pain and suffering.

Filed Under: Product Failures, Safety Tagged With: , ,

Sid Gilreath Named Medical Malpractice Lawyer of the Year for Knoxville

October 14, 2011 By

Sid Gilreath, the founding partner of Gilreath & Associates, is honored to be named Best Lawyers’ 2012 Medical Malpractice Attorney of the Year for Knoxville, Tennessee.

Congratulations Sid!!

Sid was selected by fellow colleagues for the honor from the pre-eminent peer-reviewed publication.

“I’m especially humbled that my medical malpractice and legal colleagues felt I was deserving of this award,” says Sid.

Best Lawyers employs an exhaustive survey and interview process for determining recipients of its “Lawyer of the Year” honor. For the 2012 list, over 41,000 attorneys cast over 3.9 million. Criteria like abilities, professionalism and integrity were the main aspects survey participants were consulted on.

Unlike other honors in the legal profession, no monies were paid to Best Lawyers for inclusion on their list. The publication is considered one of the most pre-eminent journals of its kind. Its “Lawyer of the Year” honor is awarded to attorneys representing both plaintiffs and defendants in a wide-range of legal areas, including medical malpractice, personal injury, workers’ compensation and more.

Recommendations from professional organizations and other attorneys is a popular way many individuals find the right legal representation for their case.

Whatever the need for representation, we hope Best Lawyers’ list can help prospective clients find the right attorney to meet their needs.

Read our press release to learn more about Best Lawyers’ Medical Malpractice Attorney award for Knoxville. And if you’ve been the victim of medical malpractice or some other kind of injury at the hands of negligence, contact us today for a free consultation.

Filed Under: Injury Tagged With: , ,