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Hardesty, Tyde, Green & Ashton, P.A. blog

Thursday, October 25, 2007

Private Investment Firms Buying Thousands of Nursing Homes

In the last few years, thousands of nursing homes have been purchased by private investment firms. The goal of investment firms is to maximize profits for their owners and shareholders. A recent New York Times investigation found that these investment firms frequently cut nursing home expenses and staff, sometimes below the minimum level required by law, to maximize profits.

Two Congressional Committees have just announced that they will be investigating the business practices of these investment firms in running nursing homes. This is very important to protect the rights of our vulnerable elderly population. Furthermore, the government has a real interest in the outcome of this investigation because it pays much of the nation's nursing home bills through its Medicare and Medicaid programs.

We have been involved in dozens of lawsuits against these new investment firm owned nursing homes. It has become apparent that they routinely attempt to escape liability by transferring ownership of assets to multiple different corporations. Sometimes, we have found that the actual nursing home involved in patient abuse or neglect owns nothing and has little or no insurance. The assets have all been transferred to one or more "holding" companies. As a result, the nursing home claims to have no assets with which to satisfy a damage award against it.

It is important in such cases to employ a law firm with experience in successfully unravelling these complicated corporate relationships so that a meaningful recovery can be obtained. We have been involved in many such cases. If we can assist you or a loved one in this regard, please contact us for a free consultation.

posted by Attorney Frank Ashton at 5:35 AM

Sunday, October 14, 2007

LASIK Surgery More Risky Than Previously Reported

Over one million Americans each year undergo LASIK surgery. In this procedure, lasers are used to cut and reshape the cornea in an effort to improve vision. For many people, the operation is successful, at least for a period of time. Ophthalmologists who perform the procedure typically advise patients there is a 2-3% complication rate. FDA records, however, paint a very different picture. That data shows that six months after surgery, up to 28% of patients complain of eye dryness, 16% had blurry vision and 18% had difficulty driving at night due to halo or starburst effect. Many of these patients now have to use special rewetting eye drops or wear special contact lenses/glasses to try to compensate for the effects of LASIK.

Patients considering this surgery have a right to be warned about the real risks. We have had numerous patients consult us regarding problems with LASIK surgery. Malfunctioning or improper settings on the equipment can cause serious problems. So can failure of the surgeon to properly screen out patients whose eyes are not suited for the procedure. If you have had problems with LASIK surgery, please call us for a free consultation and analysis of your case.

posted by Attorney Frank Ashton at 12:36 PM

Sunday, October 07, 2007

Virtual Colonoscopy for Detecting Colon Cancer

The New England Journal of Medicine has just published the results of a recent study of over 3000 patients involving the comparison of CT scanning and standard colonoscopy techniques in detecting colon polyps or cancers. The results of the study demonstrated that CT was as effective as standard colonoscopy in detecting these cancers. In those cases where cancers or polyps were detected by CT, a standard colonoscopy can be offered to remove the growth. This occurred in only about 8% of the patients undergoing CT. The study can be accessed at http://www.nejm.org.

The advantage of undergoing CT scanning to detect cancer is that risk of perforation of the colon is virtually eliminated. Unfortunately, standard colonoscopy, which involves insertion of a scope into the bowel, carries with it a risk of bowel perforation with potentially life-threatening consequences. Our firm over the last several years has handled multiple malpractice cases involving complications of bowel perforations during routine colonoscopies. Insurance companies need to understand that these CT procedures are no longer "experimental" and need to be fully covered by insurance for patient safety.

posted by Attorney Frank Ashton at 9:30 AM

Monday, October 01, 2007

Florida's Roads, More Dangerous Than Ever Before

All motorists in Florida are suddenly dealing with a new risk since PIP (Personal Injury Protection) insurance is no longer required by state law. PIP is the portion of auto insurance that provided $10,000 of medical coverage and payment of 60% of lost wages if you are hurt in a motor vehicle accident. In other words, even if someone did not have health insurance there would still be coverage for the medical treatment. That all changes October 1, 2007 for every car, truck, motorcycle or any other motor vehicle insurance policy up for renewal. It is now more important than ever to review your insurance coverage and to determine what coverage you need. The most common auto insurance companies (Allstate, Nationwide, Progressive, Geico and State Farm) do not like providing coverage for medical costs so they have tried to quietly shift the risk to the drivers of this state. That is why a complete review of your policy and an understanding of what is and is not covered can mean the difference between getting the medical treatment you need or financial disaster and ruin. Make sure that you elect Uninsured/ Under insured Motorist (UM)coverage. Many insurance agents will tell you it is not necessary to have this coverage. However, if you are hit by someone with little or no insurance at all then the only type of protection for you would be the UM you purchased. If you do not have health insurance they you will also want to consider medical payment coverage through your auto policy. It is crucial that you set the amount of coverage that will help you adequately so evaluate your financial needs very carefully. Remember a review of your auto coverage can be done anytime and the coverage amounts and type of coverage can be adjusted during the coverage period.

posted by Attorney W. Marc Hardesty at 7:24 AM

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This web page about personal injury is for informational purposes only. This web site is not to be used as formal legal advice. Please contact one of our Jacksonville, Florida medical malpractice attorney offices to schedule a complimentary consultation if you need professional legal advice.

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