Blog — Page 10

posted on September 19, 2014 by Brownstein & Nguyen

A Back Up Plan to Avoid RSIs

The occurrence of retained surgical instruments (RSIs) or unintended retention of foreign objects (URFOs), while not extremely common, is more frequent than one might imagine. Items left inside a patient after surgery, including instruments and other surgical tools or materials, can cause infection, medical complications, pain and discomfort, and may even lead to death.

Many hospitals and medical professionals follow strict procedures and policies in order to avoid the potential for RSIs. Even so, the Journal of American College Surgeons reported that an estimated 1 in 5,500 surgeries results in an RSI. While a variety of items have been left behind, the most common is a surgical sponge. These sponges, used to soak up blood during surgery, can be difficult to spot as they become camouflaged blood soaked objects. Often tucked into hard-to-see areas within the body, it is reported that sponges, surgical instruments and other items are most commonly left in the abdomen, thoracic cavity, vagina, and pelvis.

The traditional method used to prevent RSIs involved taking a manual count of all items used during surgery, including surgical sponges. Nurses compared a count before and after a procedure for an inventory of sponges and other surgical instruments. While this provided some accountability, there was still room for human error. With technological advances, however, surgical sponges are now fitted with a tiny chip that gives off a radio frequency. Surgical teams are then able to use a wand or a mat at the end of a procedure to verify if whether a surgical sponge has been left inside the patient.

This technology advancement has shown to significantly decrease the amount of surgical sponges left behind. As a result, hospitals are able to avoid costly legal ramifications, hazardous side effects, and the emotional distress that occurs when an RSI takes place. Find out more about RSIs with this CBS news report, or through the findings of the Joint Commission. Also, before going in for elective surgery ask what methods will be used in order to prevent the occurrence of an RSI.

While the frequency of these surgical mistakes is hopefully decreasing, it is important to know your legal rights. The medical malpractice and negligence attorneys at Brownstein & Nguyen have over 20 years of experience handling cases in Atlanta and throughout Georgia. Contact our legal offices today for a free case evaluation.

Filed Under: All Postings, General News, Healthcare Costs

posted on September 12, 2014 by Brownstein & Nguyen

Hollywood Immigration

Open a newspaper, watch the news, browse a news site, or listen to the radio and you’ll hear about immigration in the United States. Its hard to miss given the constant debates and arguments that the current system is broken. Unfortunately, a growing number of individuals and families have been caught in the middle of this sensitive political football. Some are stuck in limbo, waiting for government action, while for others time has run out as their families are torn apart and they are sent back to their home countries.

Hollywood has long found inspiration in true stories. In many cases, narratives are turned into realistic fiction but still document and highlight important issues that are sometimes overlooked. There is a certain power and connectedness that people share with narratives. This is certainly true when it comes to the topic of immigration captured on the silver screen.

In 2006 Tom Hanks portrayed fictional character Viktor Navorski in The Terminal, a movie about an immigrant from the fictional country of Krakozhia who was caught in limbo due to political turmoil back home. Viktor was unable to enter the United States, but was not permitted to return to his home country. Basically, he was without country. The movie depicts the challenges faced while living in an airport terminal while trying to gain entry into the United States. While this account is fictional, it is loosely based on the true story of Iranian refugee Mehran Karimi Nasseri who lived in a Paris airport for over seventeen years.

While Hollywood’s version of The Terminal is fictional, Nasseri’s story is true. Similarly, there are countless true stories currently unfolding for those seeking to make the United States their home. Many of these would-be immigrants currently waiting in place are in need of support from a qualified, experienced, and trusted immigration lawyer. Brownstein & Nguyen has represented countless individuals and families seeking help to live permanently in the United States. Our Atlanta immigration attorneys are ready to help with your real life story – contact us today for a consultation.

Filed Under: All Postings, General News, Immigration

posted on September 4, 2014 by Brownstein & Nguyen

Do Immigrant Children Deserve Due Process?

Due process is the bedrock of our legal system in the United States. Based on the guiding principle that every free person is entitled to adequate notice of a charge or grievance and a fair opportunity to be heard, due process encompasses fairness in both legal proceedings (procedural due process) and the application of laws (substantive due process). So important is due process to our democratic system that it is embodied in the 5th and 14th amendments to the U.S. Constitution.

In the eyes of the law, children are persons entitled to due process. Thus, one would expect that children appearing in our courts would receive due process including proper advance notice of a hearing and the right to a lawyer or attorney if they are accused of a crime or unlawful behavior. But is this true when we are talking about unaccompanied immigrant children? Recent evidence from Atlanta immigration courtrooms suggests not, as case after case involving unrepresented minors is heard at a remarkably fast pace.

In the last eighteen months, there has been a surge of unaccompanied minors crossing the border into the United States from Honduras, Guatemala, and El Salvador. Many of these children work alongside their families to scrape together every last cent to pay their way across the border in search for freedom from oppression and the promise of a better life. With their home countries being torn apart by gang violence and poverty, the hope of reuniting with family members is what keeps many of them going.

Where do unaccompanied minor immigrants go?

Upon crossing the border, the Department of Homeland Security (DHS) turns unaccompanied minors over to the Office of Refugee Resettlement. It is up to the Office of Refugee Resettlement to locate a parent, relative, friend of the family, or sponsor to help care for the minor until the time of their deportation proceedings.

What’s the connection with Atlanta?

While the surge of unaccompanied minors has made national headlines, it is very present here in Georgia and Atlanta. Over 1,400 unaccompanied minors have landed in the metro Atlanta area while awaiting their fate. The immigration courts seem to be pushing these cases through the courts at an alarming rate. In many cases, unaccompanied immigrant children are not represented and complex cases can get dismissed in the midst. Non-profit immigration lawyers who are willing to donate their time try and help unaccompanied children with valid legal grounds to stay. However, if cases are pushed through the courts at break-neck speed and legal counsel is not available or cannot devote the necessary time to dig deeper into individual cases, many children will fall through the cracks and be returned to the same terrible conditions they fled from.

At Brownstein & Nguyen we do not claim to have all of the answers regarding the current immigration situations. We do however, have years of experience as Atlanta immigration lawyers to offer unaccompanied children and their families seeking answers and representation. The immigration attorneys at Brownstein & Nguyen have successfully made a difference in the lives of countless individuals needing help with immigration law cases over the years. Contact our Atlanta immigration law offices today.

Filed Under: All Postings, Featured, Immigration, Immigration Law

posted on September 3, 2014 by Jay Brownstein

Medical Care Issues for Elderly Hospital Patients

You have an aging parent, spouse or loved one who you fear is no longer capable of making decisions about their own healthcare. You planned ahead and obtained a healthcare power of attorney so you can legally act on their behalf and make decisions for them when the time comes. But the last thing you anticipated is bad or negligent hospital care and fighting for your loved one’s rights to receive the best possible care. Unfortunately, this is an all-too-common scenario.

As we age, we eventually lose mobility, physical capabilities and mental capacity. Whether these things occur separately and gradually as part of the natural aging process, or suddenly and in tandem due to illness or trauma – at some point we all become incapacitated. When that happens, we are at our most vulnerable and particularly in need of significant care and assistance. Unfortunately, not all healthcare facilities and providers are equally suited to care for incapacitated elderly patients. This is especially true of hospitals and acute care facilities that are traditionally geared toward the short-term treatment of illnesses and injuries. Once patients reach a certain level of medical improvement, it is expected they will leave to the hospital to convalesce at home or be transferred to a skilled nursing, rehabilitation or other facility.

Elderly patients who are hospitalized – whether from a fall, heart issue or other health problem requiring urgent care – are at risk of a debilitating, and sometimes fatal, decline in physical and mental health. Such a decline can create a difficult set of circumstances not only for the patient and family, but for also the treating facility. Many hospitals are not structured or staffed to provide long-term care for incapacitated patients needing daily assistance to survive. This can include, for example, immobile patients who require frequent turning and repositioning to prevent skin breakdown and bedsores or decubitus.

When elder patients become physically or mentally compromised to the point of needing full-time assistance, hospitals are required to provide adequate care until the patient can be transferred to a more appropriate facility. Unfortunately, long-term care facilities such as nursing homes and rehabilitation centers are not required to accept patients, and many will reject patients depending on their condition. This problem can put aging patients and their families at odds with hospitals, which may be unable to provide adequate care necessary to ensure the patients’ well-being and comfort.

So, what can you do if your parent, spouse or loved one is in this situation? Here are a few suggestions, based on personal and professional experience.

Seek open communication with doctors and staff. It is critically important to consult and openly communicate with your love one’s treating physicians, nurses, and other staff members (for example, social workers or patient care coordinators) so you can have a complete understanding of the medical facts and their opinions concerning the patient’s condition(s), prognosis and treatment. Ask as many questions as necessary to help gain such an understanding. Learn what care options are available for your loved one, given their condition. You might consider keeping a journal and taking detailed notes of your conversations with physicians and hospital staff, so later you can recall who said what.
Work to resolve disagreements concerning care amicably. If a dispute arises concerning the appropriate care or best course of action for your loved one, seek to resolve it by working cooperatively with physicians and hospital staff. If possible, try to craft a solution that is in the patient’s best interests and also satisfies the goals of the family and hospital. Keep in mind that healthcare providers and agents (family members with power of attorney) must always act in the patient’s best interests, and that professional providers’ views of what that might be in a given case may differ from those of the patient’s family.
Address concerns with hospital administration. If you are unable to adequately resolve concerns or reach consensus on the best course of action and care for your loved one, ask to meet with a hospital administrator. Before meeting, you may wish to first provide a detailed outline of the situation in a memo or letter (the journal you kept will come in handy). Work to keep the meeting constructive and focused on achieving a resolution that best meets the needs of the patient, family and hospital. Be sure that appropriate individuals attend the meeting, including a decision-maker for the hospital and possibly a treating physician or other medical professional knowledgeable about your loved one’s condition.
Contact an elder care attorney. If all else fails, consider contacting a qualified elder care attorney for consultation and possible representation. Such an attorney can assess the legal circumstances and provide advice about the best course of action to achieve the family’s goals. The attorney can also intercede on the family’s behalf and seek a resolution with hospital officials, both by making written requests and also by communicating with the hospital or legal counsel. Finally, as a last resort, the attorney can petition a court for relief on an emergency basis, if warranted by the circumstances. Courts may use their extraordinary equitable powers to order certain actions be taken on behalf of the family and patient.

If you are experiencing poor or inadequate hospital care for an elderly patient, or find yourself in a dispute over proper care for an aging parent, spouse or loved one, contact the elder care and medical malpractice attorneys at Brownstein & Nguyen. Our Atlanta lawyers have years of experience fighting for the healthcare and legal rights of the elderly and their families.

Filed Under: All Postings, Elder Care/Malpractice, General News

posted on August 30, 2014 by Brownstein & Nguyen

Bicontinental Love

It has been said that love knows no bounds. In this day and age of modern technology, it has become increasingly clear that love does not recognize geographical boundaries either. With more couples meeting online through dating websites, Facebook, Skype, and numerous other social sites, the number of people falling in love and maintaining international long-distance relationships is growing. Though miles and even oceans may physically separate you, do not let the mountain of paperwork required for a Petition for Alien Fiance(e), or Form-I129F, keep you apart.

Brownstein and Nguyen are experienced immigration lawyers in Atlanta. With over twenty years practicing immigration law, we have helped bring countless families and loved ones together. We have assisted with family immigration (green cards), visas for spouses and minor children, removal hearings, and citizenship and naturalization processes. We realize how crucial following all the necessary procedures and legal guidelines is, and we give each client the utmost attention as we know that family immigration is deeply personal.

While it is possible to complete the required paperwork to guide a Form-I129F through U.S. Citizenship and Immigration Services without the help of a lawyer, having legal expertise and experience on your side can be important. Often, mistakes made on the initial application or later in the process can be very difficult to overcome. We advise clients of the best legal avenue for their particular circumstances and assist in properly completing the correct application and submitting subsequent evidence, if necessary, so a petition has the best possible chance of being approved without additional delay or problems. With the specific requirements and potentially tricky legal issues that can be involved in a fiancee visa, it is important to consult with an experienced immigration attorney familiar with the procedures, timelines and legal requirements associated with this type of visa.

Contact Brownstein and Nguyen for a consultation today. We will gladly assist you in your pursuit of bringing your fiance(e) to the United States so that you can begin your life of happily ever after – sooner rather than later.

Filed Under: All Postings, Immigration

posted on August 26, 2014 by Brownstein & Nguyen

Georgia’s Bill of Rights for Nursing Home Residents

Georgia has numerous laws designed to protect the elderly, many of which are little known. One such law is the “Bill of Rights for Residents of Long Term Care Facilities” (Patient Bill of Rights) found at Official Code of Georgia Annotated, Section 31-8-100 et seq.

The Patient Bill of Rights was designed to guarantee certain rights of elderly patients in long-term care facilities and nursing homes. This population is especially at risk, as many of them are isolated and unable to protect themselves. Specifically, the law seeks to “preserve the dignity and personal integrity of residents of long-term care facilities through the recognition and declaration of rights safeguarding against encroachments upon each resident’s need for self-determination.” Nursing home owners, administrators and operators who violate patient rights face civil penalties as well as legal action for damages suffered by patients, their heirs and legal representatives.

The law enumerates the following specific rights:

Right to Notification of Rights, § 31–8–104 (right to receive notice of patient rights)
Right to Certain Information, § 31–8–106 (right to rate information, statement of charges, administrator information, and written policies and procedures)
Right to Nondiscriminatory Admission, § 31–8–107 (right to admission regardless of medical history or condition, unless facility cannot provide adequate care, treatment or services)
Right to Care, Treatment, and Services, § 31–8–108 (right to appropriate care, treatment and services)
Right to Freedom from Restraints, Isolation, or Restriction, § 31–8–109 (no restraints, restrictions or isolation unless necessary for safety of patient or others)
Rights Relative to Pharmaceuticals, § 31–8–110 (right to choose pharmacy, pharmacist)
Rights of Citizenship, § 31–8–111 (ability to exercise rights of citizenship including voting and freedom of religion, association and participation)
Right to Personal Choice, § 31–8–112 (right to decide sleeping hours, consumption of alcohol and tobacco)
Right to Personal Property, § 31–8–113 (right to keep money and personal belongings in private room or secured location)
Right to Privacy, § 31–8–114 (right to privacy within room, during personal visits, in third party communications, and during medical care)
Right to Fiscal Management, § 31–8–115 (right of patient or personal representative to manage financial affairs and handling of patient funds)
Rights Relating to Transfer or Discharge, § 31–8–116 (no involuntary transfers except under specified conditions)
Requirements for Temporary Suspension of Rights, § 31–8–117 (no suspension of rights except the right to refuse medical care or consume alcohol or tobacco with doctor’s certification)
Right to Pursue Interest; Conflicting Rights; Right to Voice Complaints and Make Recommendations, § 31–8–118 (no reprisal for pursuit of patient rights or making complaints)
Coerced Contributions from Family Prohibited; Use of and Receipt for Contributions, § 31–8–119 (restrictions on soliciting financial contributions from patient families)
Access to Facility, § 31–8–120 (visitation rights)
Residents’ Councils, § 31–8–121 (right to form and participate in residents’ counsel)

Patients, their families and legal representatives may bring an action in court to enforce these rights. They may also pursue a claim for damages against the facility or administrator. Certain violations can give rise to claims of medical malpractice, such as cases involving inadequate medical care, denial of proper care or treatment, denial of nutrition, abuse and neglect. Unfortunately, such violations occur all too often in nursing homes and long-term care facilities, which are typically operated as for-profit businesses. Pressure to reduce overhead and expenses can directly lead to understaffing, inadequate training and education, and lack of proper procedures, in turn resulting in poor patient care.

If you believe a loved one’s rights have been violated, or a loved one has been injured in a long-term care facility or nursing home, contact the nursing home abuse and medical malpractice attorneys at Brownstein & Nguyen. We know the law, and fight for the rights of elder patients.

Image courtesy of the National Archives

Filed Under: All Postings, Elder Care/Malpractice, Featured

posted on August 19, 2014 by Brownstein & Nguyen

Employment Contracts

Proactive small business owners understand that it is wise to legally protect themselves and their businesses. One way to do this is through the use of employment contracts or employment agreements with key personnel. These documents allow for clear expectations on both the employee and employer, including the term and scope of employment, expected duties, compensation, and other key terms. Increasingly, businesses are including confidentiality, non-compete or non-solicitation agreements in their employment contracts.

What does this mean for employers?

Confidentiality and non-compete agreements are common in the business world, as they provide protection for businesses that expend considerable effort and resources in growing a customer, client or patient base and building goodwill. No business owner relishes the idea of developing a direct competitor from within. As a result, businesses desiring to protect trade secrets, maintain ownership of intellectual property, and avoid competition from within their own ranks often use confidentiality, non-compete and non-solicitation agreements. The contracts must clearly and carefully define the limitations on employees both during the employment period and afterward, and must also comply with applicable law and specific statutory guidelines (in Georgia and other states). Accordingly, the agreements should be prepared and reviewed by business attorneys experienced in this area of law.

What does this mean for employees?

An employee should carefully read any confidentiality and non-compete agreement she is asked to sign, whether before or after the employment relationship has begun, and should also seek legal advice about the scope and legality of the agreement. Intellectual property can be a particularly sticky area. Take the example of the 2012 Domino’s case involving the company’s former Director of E-Commerce, James Vitek. During Vitek’s employment, he was asked to sign a non-compete agreement that, among other things, would have transferred all of his work and inventions to Dominos, including anything created on Vitek’s own time and having nothing to do with his work for Dominos. When Vitek refused to sign, he was terminated and he sued the company over stock options and other benefits. Perhaps litigation could have been avoided through careful negotiation seeking to appropriately modify the employment agreement by carving out inventions and work having nothing to do with Dominos or its business?

Whether an employee or an employer, it is helpful to know that business and employment contracts are in place to make expectations clear from the start. If you are a small business owner, and would like assistance from knowledgeable and experienced Atlanta business law attorneys, do not hesitate to contact Brownstein & Nguyen. Our experience as business litigation lawyers in Atlanta provides us with invaluable insights and unique perspectives to draw upon when advising clients regarding employment and other business agreements.

Filed Under: All Postings, General News

posted on August 15, 2014 by Brownstein & Nguyen

Distracted Driving is Deadly

The numbers are sobering – 3,328 fatalities were link to distracted driving in 2012. That same year, over 421,000 people were injured in automobile accidents involving a distracted driver. While these numbers reflect nationwide data, take a look at Georgia. In 2006, over 130,000 injuries occurred on Georgia roadways. With these numbers, it is likely that you or someone you know has dealt with a traumatic event related to a car accident. It is important to be aware of your legal rights should you or someone you know be involved in an automotive accident. Brownstein & Nguyen’s Atlanta personal injury attorneys are experienced in handling cases involving automobile accidents and distracted driving.

Even if you are a careful driver, an automobile wreck can occur due to the negligent driving of another. Negligence can be caused by distractions that occur visually, mentally, or physically. A visual distraction can take a driver’s eyes off of the road. A mental distraction can cause a driver’s mind to be elsewhere. Physical distractions involve anything that could cause a driver to take their hands off of the steering wheel.

Some common driving distractions include:

Adjusting music
Watching a video
Using GPS or reading maps
Self grooming (including applying make-up and fixing hair)
Eating or drinking
Talking to passengers
Texting
Phone use

Sometimes, distractions are avoidable but accidents still happen. No matter how cautious a driver you are, driving on the roadways involves a certain risk that other drivers are not equally as cautious. Unfortunately, distracted drivers are incapable of giving their full attention to all the necessary details of driving including traffic, road conditions, traffic signals, obstructions and unexpected events. In some cases, such as texting, all three distractions occur simultaneously as texting involves a simultaneous cognitive, manual and visual process.

Atlanta personal injury lawyers Brownstein & Nguyen offer expert legal help in situations involving vehicle or truck wrecks and distracted driving. Contact us for more information regarding the next steps to take should you be involved in a distracted driving accident.

Filed Under: All Postings, General News, Personal Injury

posted on August 8, 2014 by Brownstein & Nguyen

Have You Suffered From Investment Fraud?

A search for synonyms for the noun fraud returns myriad results including cheating, swindling, embezzlement, deceit, deception, double-dealing and chicanery. Unfortunately, these terms are too often associated with financial investments that turn out far different than investors originally expected or hoped. So long as there is profit to be gained through unscrupulous and illegal investment activities, investment and securities fraud will always post a threat to countless individuals and institutions.

By definition, investment fraud is “the illegal activity of providing false information to someone so that they will invest in something.” But investor or securities fraud comes in many shapes and varieties. Misrepresentations may be made in writing, such as through a prospectus, offering memorandum, or other investment documents. Misrepresentations may also be made through written or verbal communications such as emails, correspondence and presentations. Typically, misrepresentations are made by an issuer or agent (such as a dealer-broker) of the target investment. However, fraud may also be committed by business partners or principals of a business.

In addition to traditional fraud and misrepresentation, there are other categories of investor fraud claims such as brokers-dealers claims for unsuitability (recommending or selling unsuitable investments to clients), churning (excessive selling-buying within a brokerage account to generate commissions), unauthorized trading, breach of fiduciary duty, and other claims. Then there are fraudulent investments such as Ponzi schemes, where investors are promised or even shown investment returns that don’t actually exist but instead are paid by new investor money. Ultimately, these houses of cards always collapse leaving investors out in the cold.

There is always a degree of risk involved in financial investments. However, when investment fraud occurs and investors are given false or misleading information before investing, it can be difficult, if not impossible, to accurately gauge the risk and make an informed investment decision. As a result, losses occur – sometimes catastrophic losses – and stunned investors are left wondering what to do. Fortunately, Atlanta attorneys Brownstein and Nguyen are experienced in investment and securities fraud litigation.

They have successfully represented and reclaimed funds for clients involved in real estate, start-up investing, and broker/dealer investment fraud. With stories in the news regarding misrepresentation in investments involving stocks, hedge funds, and precious metals, there are sure to be more individuals out there who have suffered financial loss as a result of an investment fraud.

If you believe that you or someone you know has suffered financial loss as a result of fraud or misrepresentation in an investment, contact Brownstein and Nguyen in Atlanta. However, don’t delay as the law imposes strict time deadlines on investor claims and lawsuits.

Filed Under: All Postings, Featured, General News

posted on July 31, 2014 by Brownstein & Nguyen

Green Cards and Family Immigration

While family structures vary from one family to another, the word family is synonymous with togetherness. This is especially true when it comes to immigration and what it means to be together as a family in the United States of America. Brownstein & Nguyen, Atlanta Georgia immigration lawyers, have experience working with thousands of families over the years to help them bring them together in our great country.

United States citizens and permanent legal residents can petition for a green card for various family members. A United States citizen can also able to sponsor a spouse, child, parent, or sibling, while a permanent legal resident is able to petition for a spouse or child. When petitioning for a family member to be granted a green card, the petitioner is known as the “sponsor” and the recipient family member is known as the “beneficiary.”

There are many steps involved in filling out and acquiring and providing the government with proper supporting documentation for the Petition for Alien Relative form (Form I-130). The process can be quite involved. While one could attempt to complete the form and apply for a visa or green card without a lawyer’s assistance, hiring an experienced immigration attorney may make all of the difference in the world. When filing a petition, it may be approved or denied. If approved, sponsored relatives must know and precisely follow the steps required to complete the processing of their visa. An experienced immigration lawyer will provide guidance in these next steps. Additionally, if a petition should be denied, the appeal process is familiar for experienced immigration lawyers.

If you are considering sponsoring a spouse, child, parent, or sibling, contact Atlanta immigration lawyers Brownstein & Nguyen. When it comes to something as important as family immigration and togetherness, it is okay to lean on experts. Brownstein & Nguyen is qualified and experienced in navigating the legal landscape of sponsoring a family member for a green card. Contact Brownstein & Nguyen for a free consultation. With over 20 years of experience, our track record speaks for itself.

Filed Under: All Postings, Featured, General News, Immigration, Immigration Law