Galligan LawGalligan Law2024-03-08T15:56:28Zhttps://www.galliganlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503744/2020/12/cropped-galligan-site-icon-32x32.pngOn Behalf of Galligan Lawhttps://www.galliganlaw.com/?p=520562024-01-05T12:54:20Z2024-01-05T12:54:20Zmedical practices and patient safety.
For-profit institutions don't tend to prioritize patient care
There isn't necessarily a great financial return available on ethical business practices. Hospitals and other medical facilities that try to provide robust patient support at affordable costs may eventually find themselves struggling financially. Private equity firms often take the opposite approach to managing patient care. Their biggest concerns are keeping costs as low as possible rather than ensuring optimal outcomes for patients. Unfortunately, this may lead to a noticeable decline in patient care and less favorable outcomes for those in need of medical treatment.
Some research has already indicated that the pressure private equity firms put on employees and their refusal to invest in cutting-edge systems can lead to issues for patients. These concerns can hit close to home when local hospitals experience financial challenges, like the financial issues at Iowa City’s Mercy Hospital that led to a bankruptcy sale to the University of Iowa. In this case, another local entity made the purchase, but struggling facilities could end up owned by private equity firms too.
Patients have rights after medical mistakes are made
Doctors and other medical professionals not given enough time or proper support to provide patient care could commit preventable mistakes that lead to negative patient outcomes. Those harmed by medical negligence or poor practices at a facility sometimes have the option of filing a medical malpractice lawsuit.
Holding a private equity firm accountable for the logical outcome of profit-driven medicine could compensate those harmed by poor care standards at a facility that has been treated like an investment, not a healthcare-driven endeavor.]]>On Behalf of Galligan Lawhttps://www.galliganlaw.com/?p=520532023-12-14T20:50:47Z2023-12-14T20:50:47Zhandle winter driving hazards. Here are a few tips to keep in mind when the cold and snow arrive.
Driving in cold weather
First, if you want your vehicle nice and toasty before hitting the road, never warm it up in an enclosed space, such as a garage. It should be automatic to have a winter cold-weather kit for your car, including warm clothing, food and water, medications, flashlights, blankets and other essentials. Check your tires to ensure your tread depth is acceptable for driving on snow and ice. Keep your gas tank at least half-full at all times.
Driving in the snow
If weather experts predict dangerous travel conditions, plan to stay home. Taking unnecessary risks is never a good idea, even for the most seasoned driver. Slow down if you do venture out during snow events or on icy roads. Remember to be deliberate when speeding up or slowing to a stop for traffic lights or stop signs. Increase your following distance behind other vehicles to five or six seconds.
Driving long distances
If you plan to drive a significant distance to see relatives or friends, always check the weather along the route before leaving so you know what to expect. If your car is older, have it checked out by a qualified mechanic to make sure your engine, tires and other systems are in good working order. Notify others of your travel plans and keep in contact to let them know of your progress. If you encounter a storm and get stranded, AAA says the best advice is to stay with your vehicle as it is likely the best shelter and makes it easier for emergency responders to find you. If you are stuck, make sure your exhaust pipe remains free of snow to avoid deadly carbon monoxide gas from building up.
What is your car’s best safety feature?
Despite all the hi-tech gadgets in today’s newer vehicles designed to keep you safe, you remain the most important safety feature. These and other precautions are the best way to protect you and your family during dangerous driving conditions.]]>On Behalf of Galligan Lawhttps://www.galliganlaw.com/?p=520522023-10-31T20:07:18Z2023-10-31T20:07:18ZThe 10 most commonly missed or delayed diagnoses
The medical journal BMJ says research shows nearly 800,000 Americans die or suffer severe disabilities due to misdiagnosis annually. Another study published in JAMA says these are most often undiagnosed or misdiagnosed conditions:
Colorectal cancer
Lung cancer
Breast cancer
Heart attack
Prostate cancer
Stroke
Sepsis
Bladder cancer
Pulmonary embolism
Brain hemorrhage
Medical experts say several other conditions are routinely missed, such as pneumonia, kidney disease, heart disease and urinary tract infections.
Reigning in the multibillion-dollar testing industry
The FDA says oversight of laboratory medical tests has been sporadic, at best, for decades. Years ago, only a few companies developed tests, but the industry has mushroomed in recent years, with more laboratories offering tests without proof that they are reliable.
The agency says medical testing has become a multibillion-dollar industry that poses elevated risks to patients due to the possibility of inaccurate results. The FDA reviews many tests, such as those for detecting COVID-19, strep throat and other conditions.
The agency proposes enhanced scrutiny for tests typically developed at public and private hi-tech labs and universities. These tests screen for anything from complex diseases like cancer to less complicated conditions like high cholesterol and sexually transmitted infections. Some testing companies also claim their products can measure risks for developing autism or Alzheimer’s disease without any proof.
Faulty tests can lead to inaccurate diagnoses, unnecessary surgery or medication, or can delay treatment, which can lead to greater health risks later on. Changes protecting patients have been stalled for years. The FDA drafted stricter regulations over a decade ago but never implemented them. Congress considered legislation to regulate tests for high-risk conditions, but the measure failed. Critics say a majority of legislators were swayed by medical testing lobbyists who oppose the requirements.]]>On Behalf of Galligan Lawhttps://www.galliganlaw.com/?p=520152023-09-08T17:16:45Z2023-09-08T17:16:45Zincrease in medical malpractice claims. A government-funded study outlined the three primary hazards of telehealth.
Misdiagnosis
Wrong or missed diagnoses are at the top of the list. The study showed that 45% of telehealth medical malpractice claims are related to the misdiagnosis of cancer, infection and stroke. Poor video or audio streams can significantly affect a doctor’s assessment, leading to a greater chance of miscommunication with patients and medical mistakes.
Data security
Telehealth relies on technology, and vulnerable data systems are potential reasons for malpractice claims. Providers, hospitals, clinics and others are required to guard your personal info from hackers. They must also maintain and update software used in accurately diagnosing your condition.
Personal privacy
Healthcare facilities must follow HIPAA privacy laws whether they see you in person or over the internet. Many video conferencing systems do not meet HIPAA requirements, increasing the risk of phishing scams and ransomware attacks. The latter has increased by 350% since the beginning of the pandemic.
Convenience shouldn’t include increased risks
The Hippocratic Oath isn’t just a quaint old saying. Most medical schools still administer the oath to graduates, and the American Medical Association embraces it as an invaluable moral guide. The oath has four pillars to benefit and respect patients and, above all else, do no harm. When doctors or medical institutions violate those principles, holding them legally responsible is crucial.]]>On Behalf of Galligan Lawhttps://www.galliganlaw.com/?p=518872023-08-12T02:43:22Z2023-08-12T02:43:22ZInterstate 80: The cross-country highway
Interstate 80, the iconic cross-country highway traversing the state, showcases the delicate balance between serving as a major commercial artery and presenting driving challenges. The highway’s long stretches and heavy traffic can lead to fatigue among drivers, increasing the risk of accidents. Furthermore, the location’s rapidly changing weather conditions can make driving on I-80 even more unpredictable. Motorists must exercise extreme caution, maintain proper following distances and adapt to varying road and weather conditions to help ensure safe travels.
Route 20: The corridor with scenic beauty
Route 20 weaves through some of the state’s most breathtaking landscapes, offering drivers panoramic views of lush fields and charming small towns. However, the road’s twisting and turning nature, combined with occasional blind spots, demand a driver’s full attention. As you meander through the scenic vistas, it’s crucial to maintain a reasonable speed, stay within your lane and be careful of unexpected curves.
Highway 61: A historic road with modern hazards
Highway 61 is a historic route that winds through charming river towns and quaint communities. As much as this road offers a glimpse into the area’s history, it also poses modern challenges. The mixture of local traffic, large trucks and recreational vehicles can lead to congestion, while the road’s narrow passages and occasional lack of shoulders can heighten risks. Vigilance, patience and a willingness to share the road are essential when traversing this route.
Drivers can confidently navigate the state’s roads by understanding the risks associated with these roadways and practicing safe driving techniques. This knowledge is also crucial when an accident is unavoidable and a car crash injury victim needs to seek legal guidance to more effectively protect their interests.]]>On Behalf of Galligan Lawhttps://www.galliganlaw.com/?p=518862023-07-22T01:51:52Z2023-07-22T01:51:52ZThe research on nurses handling cases is mixed
Anyone who has worked in a high-demand medical setting will likely confirm that nurses tend to know more of the details about what goes on with patients on any given day. They may have to step in and remind a doctor, for example, that a patient is on a medication that would interact with another drug or that they have an allergy. Nurses are the ones who typically provide hands-on care to patients and will therefore have a better sense of their symptoms and daily activity than the doctor who only sees them for a few moments at a time. In theory, therefore, allowing nurses to step into a more authoritative role in some circumstances could benefit certain patients.
However, research does not conclusively show that allowing nurses more authority when treating patients always works out to the benefit of the patients. Medical facilities may try to manipulate or even abuse such systems and may have fewer doctors available to guide and support the nurses providing care for patients. Adequate oversight from licensed professionals is of the utmost importance when making any major decisions regarding the treatment or diagnosis of an individual. Facilities and lawmakers alike will need to continue carefully balancing practical concerns, like the availability of skilled physicians, with the needs of the patients undergoing treatment and the factors that may affect their long-term prognosis.
Unfortunately, nurses and doctors alike can make mistakes when treating patients that result in poor outcomes. Occasionally, those mistakes may be significant enough to warrant a medical malpractice claim against an individual professional caregiver or a facility with inappropriate professional practices. Understanding how changing medical standards may impact the care received in a medical facility can help patients determine if a prior experience actually constitutes medical malpractice.]]>On Behalf of Galligan Lawhttps://www.galliganlaw.com/?p=518832023-06-23T20:32:22Z2023-06-23T20:32:22Zplaced a $2-million cap on damages for pain and suffering in medical malpractice cases.
The limits of the new truck accident law
According to the Des Moines Register, the law only applies to certain wrecks with “commercial vehicles.” These are defined as vehicles that weigh more than 26,000 pounds, that transport hazardous materials, and glider kits, road tractors, truck tractors and tow trucks. The law does not include many other types of vehicles that are driven commercially, such as delivery trucks, buses and company pickups.
If someone is struck by a truck qualifying under this law, they would generally be subject to the $5 million cap unless an exception applies in their case. There are numerous exceptions, such as when the commercial driver:
Was impaired by drugs or alcohol
Committed a felony involving a motor vehicle
Was involved in manufacturing or delivery of a controlled substance
Was driving a vehicle involved in human trafficking
Had no commercial driver’s license or their license had been suspended or revoked
Was driving recklessly, was going 15 mph above the speed limit, or was using a device like a phone while driving
The exceptions for speeding, distracted driving and reckless driving could apply in many cases.
How does the new law protect trucking companies?
In some cases, trucking companies may be partially responsible for the crashes their drivers are involved in. For example, they may have pressured the driver into working more hours that was legally allowed. They may have failed to maintain the truck. They may have loaded the truck improperly.
When this law applies to the accident, people can no longer bring lawsuits claiming that the trucking company was negligent in hiring the driver. That could be problematic for plaintiffs in cases where the company knew or should have known that their driver was prone to get into accident. Or when they hired a driver who had a prior drunk-driving conviction.
However, the law still allows other claims against trucking companies. For example, people can still file lawsuits claiming that the trucking company was negligent when it trained, trusted or supervised the driver.
The upshot is that this law could hurt injured Iowans
A $5-million cap on damages for pain and suffering may seem pretty generous, and it will go up with inflation.
However, judges and juries have sometimes awarded more than that, depending on what happened. A $5-million cap doesn’t allow judges and juries to follow their best judgment. Instead, it places an arbitrary maximum value on human pain. It will be those who suffer the most who will be affected by this law.]]>On Behalf of Galligan Lawhttps://www.galliganlaw.com/?p=518772023-05-05T17:58:01Z2023-05-05T17:58:01ZAccess to care vs. victims’ rights
When signing the bill, which went into effect immediately, Gov. Reynolds repeated hospital executives’ charges that Iowa’s history of sizable medical malpractice awards was the most significant barrier to recruiting new physicians. Supporters say the legislation will increase access to care as a result.
But even many Republicans took issue with that saying that putting limits on pain and suffering only helps insurance companies. Democrats offered a compromise, proposing higher caps, with insurers passing any savings to medical providers. Republicans rejected those proposals.
Recovering from a medical mistake
Studies suggest that one in every five Iowans has been affected by medical malpractice. Many of these mistakes are avoidable, and some result in death or long-lasting or permanent injuries. These errors take a physical, financial and mental toll on victims and their families.
While Iowa now limits what victims can recover for their mental anguish, it’s crucial to document all the medical expenses related to your injury, the amount of time you couldn’t work or any other out-of-pocket costs. Experienced legal guidance can help you recover financially so you can focus on your physical well-being.]]>On Behalf of Galligan Lawhttps://www.galliganlaw.com/?p=518762023-06-13T14:58:00Z2023-04-11T21:02:40Zstaffing strategy that leaves many hospitals and emergency rooms with fewer doctors. The plan is to replace M.D.s with physician assistants and nurse practitioners.
Does the “blended” model work?
Some medical staffing companies substitute ER physicians with “midlevel practitioners” to reduce costs and increase profits. Physician assistants and nurse practitioners can perform many of the same duties as doctors for less than half the pay. Staffing companies argue this “blended” approach helps keep ERs fully staffed.
But critics say prioritizing profits over patient outcomes is not a sound strategy. They say midlevel practitioners have far less training than physicians, which leaves patients more at risk for misdiagnoses and other avoidable errors. They say under this model; patients are far more likely to receive inadequate care and pay higher medical bills.
Research published by the National Bureau of Economic Research says, on average, ER patients treated by nurse practitioners experience an 11% increase in the time they are being treated, increasing patient medical bills by 7%. The study analyzed over 1 million patient visits to 44 Veterans Health Administration ERs.
A decade-long trend
Over the past 10 years, PE funds have spent $1 trillion buying medical staffing companies that hospitals depend on to manage their ERs. The largest are TeamHealth, owned by private equity behemoth Blackstone, and Envision, bought in 2018 by KKR. They are being challenged by American Physician Partners, which has rapidly expanded to 17 states. So far, out of the three, only TeamHealth provides medical staffing in Iowa.]]>On Behalf of Galligan Lawhttps://www.galliganlaw.com/?p=518722023-03-27T19:01:43Z2023-03-27T19:01:43ZBigger and heavier vehicles can do more damage
Ever since pickup trucks and SUVs started dominating the roads in terms of popularity, those in smaller vehicles have had to worry about the possibility of a severe crash in which they suffer fatal injuries and the occupants of the other vehicle walk away unscathed.
Thankfully, manufacturers have started taking the large size of other vehicles into account when designing more compact models. Careful designs intended to help a vehicle protect occupants in the event of a collision can go a long way toward protecting passengers in more compact vehicles in a crash involving a figure vehicle.
Despite these advances, large vehicles are still a major safety concern. While the risk is lower now than in the past, trucks manufactured between 2013 and 2016 are still 2.5 times as likely as a simple car to kill the occupants of the other vehicle. Researchers also worry about the proliferation of electric vehicles in larger sizes, as they are even heavier than their gas-fueled counterparts.
What happens after a crash featuring a size discrepancy?
With the exception of commercial vehicles, which require extra insurance coverage in most cases, bigger vehicles are typically subject to all the same rules and requirements as smaller vehicles. That may mean that the driver of a truck or SUV has very low insurance coverage and cannot fully compensate the other party after a crash that causes severe vehicle damage or major injuries.
When people drive large vehicles and do not carry adequate insurance to protect against the liabilities such vehicles generate, they may open themselves up to the possibility of a civil lawsuit brought by someone who gets hurt in a crash.
Learning more about the factors that contribute to motor vehicle collisions can help people protect themselves on the road and make better decisions about their insurance coverage and vehicle purchases. This knowledge may also prove to be useful in the event that an accident cannot be avoided and an accident injury victim needs to seek legal guidance to better protect their interests in the wake of a crash.
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