An estimated 1.7 million patients acquire an infection while hospitalized and a startling 99,000 patients die from hospital-acquired infections each year, according to a new report from the Centers for Disease Control and Prevention (CDC).

This is not a new problem for the medical community, which has been slow to take action. What is most disturbing is that efforts to address this issue (as well as others related to medical errors) only became a priority after the federal government ruled that Medicare will no longer reimburse for care that results from hospital or physician errors. It took a threat to the bottom line before these providers did the right thing and took actions that should have happened long before now.

Today marks the 50th anniversary of Law Day, created by President Dwight Eisenhower in 1958. In proclaiming this national dedication, President Eisenhower noted that the “guaranteed fundamental rights of individuals under the law is the heart and sinew of our nation, and distinguishes our governmental system from the type of government that rules by might alone.” He also called on “the legal profession, the press, and the radio, television and motion picture industries to promote and to participate in the observance of this date.”

Locally, the Orange County Bar has planned a number of activities in honor of Law Day, including presenting its Liberty Bell Award to an outstanding citizen, providing live mock courtroom demonstrations to school children across Orange County, and arranging for students from the Migrant Farm Workers Ministry to job shadow members of the judiciary as well as attorneys in the Ninth Judicial Circuit.

All of the attorneys in our firm are extremely proud of the work we do every day to advance what President Eisenhower called the principles of the rule of law that enhance the cause of the just in the settlement of disputes.

Nursing home patients and their families are increasingly giving up their right to sue over negligent care including death, even as claims of poor treatment are on the rise, according to a Wall Street Journal report. More and more, nursing homes are including mandatory binding arbitration agreements in their contracts, a clause that can have profound implications on the quality of healthcare for nursing home residents.

In response to this increasing practice, U.S. Senators Mel Martinez and Herb Kohl introduced federal legislation earlier this month that would protect dispute resolution options for nursing home residents. “When a family makes the difficult decision to help a loved one enter a nursing home, among the primary considerations is quality care,” said Senator Martinez. “Forcing a family to choose between quality care and forgoing their rights within the judicial system is unfair.”

It is unfortunate when nursing homes create systems – such as mandatory arbitration agreements, carrying minimal insurance and setting up corporate shells to avoid liability – that make it difficult for patients to hold these institutions responsible for negligent conduct. No wonder statistics reveal that nursing home lawsuits are on the decline while poor treatment of the elderly is on the rise. Lawsuits can be a powerful deterrent for nursing homes engaging in negligent treatment of the elderly, and Senators Martinez and Kohl are on the right track to ensure a system of accountability that protects the rights of nursing home residents.

Allstate Insurance Co. has filed a motion with Florida’s First District Court of Appeal requesting a rehearing of an opinion the court issued on April 4 lifting a stay of its suspension to write new business.

In January, the Florida Office of Insurance Regulations (OIR) banned Allstate from writing new insurance policies in Florida because the insurance company failed to comply with subpoenas issued last October to produce documentation pertaining to its property insurance policies in the state. The First DCA granted a stay from the OIR’s order the next day. The OIR told the Insurance Journal that Commissioner Kevin McCarty will continue to pursue this matter until Allstate complies fully with the subpoenas.

Commissioner McCarty should be commended for suspending Allstate’s license to sell insurance policies in Florida. It is nice to see the OIR flex its muscle when needed. Allstate’s abject failure to comply with the state’s subpoena begs the question: What does this insurance giant have to hide from Florida citizens? The deadline for the producing the documents was mid January yet Allstate still has not fully complied. Even more disturbing, Allstate is currently being held in contempt by a Missouri court with a fine of $25,000/day for its failure to produce similar documents. The fines have exceeded $2 million, yet Allstate still has not produced these documents.

After the courts stayed the upheld suspension, allowing Allstate to continue writing policies for now, Allstate Spokeswoman Amy Moore remarked, “The rehearing gives us the opportunity to articulate to the court that OIR’s position jeopardizes the ability of our agents to serve their communities.” In other words, it gives Allstate a little more time and opportunity to collect more money from the citizens of Florida.

Recently, a successful Central Florida business executive and his wife were out for a Sunday motorcycle ride when they were hit by an uninsured motorist who ran a red light. Despite wearing helmets, the two suffered severe injuries that left them hospitalized for months. Adding insult to injury, the couple unknowingly had rejected stacking of their uninsured motorist coverage. As a result, they were left with insufficient uninsured motorist insurance to cover their catastrophic losses.

Unfortunately, there was little the firm could do for this couple or other victims hurt by uninsured drivers when there is no uninsured motorist coverage available. Instead, they would like others to learn from their accident. Be sure to:
– Talk to your insurance agent and make sure you have adequate auto coverage.
– Insist that your agent provide you with stacked uninsured motorist coverage on every vehicle and motorcycle in your household.
– Take every safety precaution if you are going to ride a motorcycle.

Motorcycles can be dangerous even for safe, experienced riders. For more information, visit the Motorcycle Safety Foundation.

A Boca Raton, Fla. cheerleader has died from anesthesia complications during breast surgery at her doctor’s office. With an increasing number of doctors performing surgery in their offices instead of hospitals, researchers have found a higher risk of death and complications in offices compared with other facilities – and cosmetic procedures cause the most problems, according to a report in the South Florida Sun-Sentinel.

Many of these physicians are switching to office surgeries to avoid complying with hospital surgical suite regulations that require doctors to meet minimum credentialing for performing surgery. For instance, many doctors who perform tummy tucks, liposuction and other cosmetic surgical procedures are not board certified plastic surgeons; a requirement for performing such procedures in a hospital.

If you (or someone you know) are thinking of having a surgical procedure performed in a doctor’s office, make sure you verify the physician’s credentials, know how the anesthesia will be administered and make certain an action plan exists in the event that something goes wrong.