Bedsore Prevention and Awareness

Pressure ulcers or decubitus ulcers, commonly referred to as bedsores, are serious and sometimes fatal injuries typically afflicting the elderly, bedridden and wheelchair populations including stroke victims, paralysis and dementia patients. Most bedsores occur in hospital or nursing home settings. With proper care and prevention, however, the risk of bedsores and resulting complications can be greatly reduced, if not eliminated, for at-risk patients.

High risk population for bedsoresWhat is a pressure ulcer or bedsore?

A pressure ulcer or bedsore is as an area of unrelieved pressure in a defined area, usually over a bony prominence (such as the tailbone, ankle or elbow), resulting in ischemia, cell death, and tissue necrosis. Essentially, the pressure prevents blood from getting to the tissue, which breaks down and eventually dies. Once a bedsore develops, depending upon age, nutrition and other medical factors, the skin may not heal and a life-threatening systemic infection can result. Risk factors for pressure ulcers include inactivity, immobility, diabetes, advanced age, impaired cognition, and bowel or bladder incontinence.

Pressure ulcers are classified and treated according to clinical “stage” based on certain criteria. Assigning a pressure ulcer stage is based on visual inspection to determine the extent of tissue destruction and wound depth. Pressure ulcer staging also requires an understanding of the anatomy of skin and underlying tissues. In stage I, the skin is not broken but is red or discolored without fading thirty (30) minutes after pressure is removed. By stage II, the topmost layer of skin is broken, creating a shallow, open, painful sore.  A stage III pressure ulcer is a full-thickness skin loss involving damage or necrosis of the underlying tissue that may extend down to, but not through, muscle or bone. Drainage may or may not be present in stage II and stage III pressure ulcers. Stage IV describes a pressure ulcer involving extensive destruction of tissue with tissue necrosis or damage to muscle, bone, or supporting structures. Usually, dead tissue and drainage are present in stage IV pressure ulcers.

According to the National Quality Forum, a non-partisan consortium of healthcare professionals and organizations, stage III and IV and unstageable pressure ulcers that develop after admission to a facility are considered Serious Reportable Events (SRE) that are preventable and should never occur. Unfortunately, bedridden, wheelchair bound and other at-risk patients don’t always receive the necessary care to prevent pressure ulcers. All too often, infected pressure ulcers lead to systems failures and ultimately death for at-risk patients at hospitals, nursing homes, acute and long-term care facilities. According to the National Pressure Ulcer Advisory Panel, a non-profit devoted to the prevention and care of pressure ulcers, each year approximately 2.5 million patients are treated for pressure ulcers in U.S. acute care facilities and as many as 60,000 U.S. hospital patients die each year from pressure ulcer complications.

Causes and prevention of bedsores

Pressure ulcers or bedsores are commonly caused by a combination of four factors: pressure, shearing forces, friction and moisture. The key to prevention is pressure reduction.

Good skin care begins with an initial risk assessment and the creation of a skin care plan specifically tailored to the patient’s condition and setting. Prevention of skin breakdown, pressure ulcers and tissue or blood infections is an essential aspect of care. Upon admission to a hospital, acute care or other facility, patients should be evaluated by a physician, qualified nurse of other medical professional for the risk of skin breakdown taking into account numerous variables and risk factors. Thereafter, regular skin assessments should be performed on a regular basis (daily in an acute care setting), especially if a skin problem is suspected or has been observed. Initial and periodic assessments should contain accurate measurements of the length, width, and depth of a wound. Drainage type, color and odor, and the color of wound tissue should be noted, as well as staging of the wound.

At a minimum, patients identified as at-risk for skin breakdown should be repositioned at least every two (2) hours. However, regular repositioning may not be enough for patients at higher risk levels or if a pressure ulcer has already formed. A pressure-reducing surface like a foam or inflatable mattress cushion should be used for those patients. To minimize the risk of skin breakdown from shearing forces, the head of the bed should be maintained at the lowest degree of elevation necessary based on medical conditions and other factors. Friction injuries may be reduced by the use of protective dressings and barriers. Pressure ulcers must be kept clean, dry and protected from sources of contamination such as feces and urine. This typically requires frequent cleaning of the patient and changing of the wound dressing.

What to look for?

Pressure ulcers can develop quickly – within days or even hours – depending on a patient’s condition and setting. The most common site where pressure ulcers occur in bedridden patients is the buttocks area, over the tailbone. Because of this, developing bedsores may be difficult to detect for family members not involved in the daily care of a patient. There are, however, certain observable factors and symptoms might indicate the presence of a bedsore warranting further examination and treatment. They can include:

  • lengthy period of immobility
  • generalized or local discomfort or pain when not being moved or touched
  • generalized or local discomfort or pain when being repositioned, turned, or moved
  • foul odor from of undetermined origin
  • evidence of lack of proper turning or re-positioning
  • poor hydration and/or nutrition
  • lack of proper hygiene and cleaning of incontinent patients

What to do?

If you suspect that a family member or loved one is at-risk or suffering from a bedsore, you should immediately notify the healthcare professionals in charge of their care. Proactive oversight and management of your loved one’s care is the best way to ensure they are receiving the proper care.

If your loved one is the victim of negligent care resulting in a pressure ulcer or decubitus, contact the experienced Atlanta Georgia elder care, bedsore and medical malpractice attorneys at Brownstein & Nguyen today for a free consultation. We handle cases involving preventable bedsores and the serious health complications and deaths that result. We’ll confidentially review the case, and discuss your legal rights with you.

Private Whistleblowers Help Fight Healthcare Fraud

The Primer on Whistleblowing in Healthcare, co-authored by Atlanta attorney Jay Brownstein, is an excellent resource regarding healthcare fraud. Healthcare fraud, including false and deceptive billing practices, costs taxpayers upwards of $80 billion each year. Healthcare fraud comes in many shapes and varieties, including fraudulent billing, kickback schemes, and other illegal practices. With Medicare and Medicaid paying the majority of these expenses, taxpayers ultimately pay the bill for healthcare fraud.Healthcare Fraud Spends Tax Dollars

In their article, Jay Brownstein and Kevin Little educate the public on what whistleblowing is, how it relates to the area of healthcare fraud, and what to do should healthcare fraud be suspected. They point out that healthcare providers and employees need to be aware of their rights, as there are many state and federal laws in place to protect them in whistleblowing instances. Additionally, an outline of what to look for in billing fraud, illegal referral fees or kickback schemes, and drug manufacturer or medical device fraud is included. The article also identifies steps to take to help protect oneself before reporting fraud or wrongdoing in the healthcare industry.

Each year, many courageous private citizens bring qui taim, or whistleblower lawsuits, to help the government recover billions of dollars in fraudulent healthcare claims. The Primer on Whistleblowing in Healthcare is a quick, informative read for those interested in the topic.

Detention of Immigrants: Good for Business?

While recent headlines have focused on the ongoing debate in Washington and around the country about immigration reform, very little attention has been given to the intersection between private, for-profit businesses and the detention of immigrants. We would like to share some important facts about profits and immigration policy in our country.

Private Prisons-Immigration detention-Atlanta Immigration LawImmigration and Customs Enforcement (ICE) follows a congressional mandate that the government must detain and house  34,000 immigrants each day. William Selway and Margaret Newkirk outline that this quota does not come cheap for taxpayers; each of those slots costs about $120 per day to keep filled. In total, the United States spends over $2 billion in taxpayer dollars a year to detain immigrants who are awaiting government action on their cases (which can take years). Over half of that amount – more than $1 billion – is spent on private prison facilities. Public financial information from the country’s largest private prison operators shows that the private prison industry is profiting from our country’s current immigration detention policies.

Does the current detention mandate make sense? Should private corporations that spend millions lobbying in Washington profit from the detainment of immigrants?

At Brownstein and Nguyen, we do not claim to have the answers to these policy questions. However, we have seen firsthand the often harsh effects of the government’s detention policies in the lives of honest, hard-working immigrants and the families who depend on them. We are proud to state that we have been able to help thousands of immigrants over the years who seek only a fair chance at a better life for themselves and their families in the United States.

Please do not hesitate to contact Brownstein and Nguyen, your Atlanta immigration law experts regarding immigration custody and detention and other immigration concerns. We have a proven track record of success, showing time and again that our knowledge and experience in immigration law provide clients with the best possible representation when they need it most.

Shocked by those hospital bills? You are not alone.

Have you ever looked at a hospital bill with utter disbelief? You are not alone. Medical bills are the number one cause of personal bankruptcy filings in the United States. The cost of hospital care can be extraordinary, especially in light of the fact that many hospitals are operated as non-profits. Exacerbating the problem is the fact that most often patients in need of urgent care have no ability or opportunity to comparison shop. Hospitals essentially operate free from market constraints.

Medical BillsIt has recently come to light that due to the manner in which hospitals establish pricing for services, the retail or gross charges to patients (before insurance payments or discounts) are entirely arbitrary. Last year, author Steven Brill outlined some of the exorbitant costs of medical care in an important Time magazine special report titled “Bitter Pill”. Using the specific examples and powerful personal narratives of ordinary people who have suffered from unreasonably high medical expenses, Brill has exposed previously hidden truths about our healthcare system that help unravel the mystery of spiraling healthcare costs. Hopefully, Brill’s research and undeniable conclusions will help create a level playing field for the general public and policymakers in understanding how to combat and perhaps one day solve the problem.

One element of Brill’s research that seemed the most surprising was the existence and function of a hospital “chargemaster.” Before “Bitter Pill,” most of us had likely never heard of a chargemaster. As the name hints, a chargemaster is responsible for assigning the retail charges for all medical procedures, services, medications and supplies at a hospital. Using supporting visual references such as hospital bills and receipts, Mr. Brill does a superb job of documenting how charges can vary depending on a patient’s coverage. One example he uses is that of a chest X-ray in which a patient was charged $333.00. The same X-ray is covered for a Medicare patient at a rate of $23.83. Another example is a case in which a patient is charged $1.50 for one acetaminophen tablet (acetaminophen is the main ingredient found in the brand name painkiller Tylenol). The price for one tablet is in the same ballpark as what an entire bottle of the generic drug may be purchased for.

Bitter Pill is a great stepping stone into the discussion of fraudulent billing. More information can be found regarding the matter of fraudulent billing of Medicaid in the Primer on Whistleblowing in Healthcare , an article co-authored by Brownstein & Nguyen attorney Jay Brownstein. An experienced attorney who handles complex litigation matters, Jay Brownstein has consulted and represented clients in whistleblower cases. If you suspect that you have been overbilled or “up-coded” as a result of a hospital or nursing home stay, contact our trusted Atlanta attorneys for a free consultation regarding healthcare whistleblowing.

Buyer Beware: Online Legal Forms & Non-Lawyer Services

If you’ve ever been tempted to use a point-and-click legal form or other non-lawyer service offered online by numerous websites, you’re not alone. According to the U.S. Bureau of Economic Statistics, in 2012 U.S. households spent over $8 billion on legal services, a 33% increase from 2005. For some consumers, online forms and other legal services appear to offer inexpensive alternatives to hiring an attorney for what they consider are “simple” legal matters, such as wills and contracts. However, there can be unforeseen dangers and hidden costs to utilizing online forms and non-lawyer legal services for personal or business matters.

Business Litigation AtlantaWhile online forms and legal services websites might appear to be easy to use and relatively inexpensive, they can actually end up costing much more than hiring an attorney to perform the same tasks. This is true mainly because there is no such thing as a standard, “one size fits all” contract, will or legal matter, nor is there any substitute for personal legal advice following a direct consultation with a licensed attorney experienced in the relevant law in your state. Just as no two people are exactly alike (except perhaps identical twins), every legal situation is unique and must be carefully analyzed to determine the proper approach and needed solution.

Not only are lawyers knowledgeable in the laws of the state(s) where they are licensed, but they are also professionally trained to gather and sift through facts and identify important legal issues that should be addressed under the circumstances. With standardized forms (even ones purporting to be “valid” in particular states), there is a greater chance that relevant details will be missed and that the form selected and filled out by a consumer will either fail to adequately cover important legal issues or will not comply with applicable state law, or worse, both.

Unfortunately, as more consumers look to online forms and services instead of obtaining personal legal advice for their particular situation, many will find themselves dealing with the unintended cleanup efforts that can result. The story of Ann Aldrich illustrates the serious consequences that can arise when using online forms to create important legal documents such as wills or contracts. In Ms. Aldrich’s case, she created a last will using a form provided by online provider E-Z Legal Forms. Unfortunately, the form did not contain the necessary language to carry out Ms. Aldrich’s intent, which was to leave her entire estate to her sister first and then to Ms. Aldrich’s brother if her sister died before she did. The Florida Supreme Court ruled in favor of two nieces who challenged the will, holding they were entitled to receive bank accounts that were not specifically listed in the will. Not only were Ms. Aldrich’s true wishes not carried out, but unnecessary and costly litigation resulted from the defective will.

If something is worth doing – such as memorializing a business deal with a well-written contract or leaving clear instructions on passing your worldly belongings to your heirs – it is worth doing correctly. Taking shortcuts in important legal matters often leads to headaches and heartache as families, business partners and courts are left to figure out what actually was intended.

The Atlanta business litigation and counsel lawyers of Brownstein and Nguyen offer years of experience and legal expertise in business representation. No matter the legal issue, our lawyers will meet with you to discuss your particular situation, review your documents and offer advice on the legal issues presented, and prepare the necessary legal documents to proactively protect your business interests and anticipate potential future issues. If a dispute arises, our attorneys can effectively and efficiently represent your interests in court. Contact us today for assistance with your legal business needs.

Preventable Deaths from Medical Negligence

In a September 2013 article, the Journal of Patient Safety reported that patient deaths as a result of medical errors are on the rise. The article estimates that the range of annual premature deaths that are associated with preventable harm in hospitals is between 210,000 and 400,000. This estimate represents a significant increase from the reported range in the 1999 article To Err Is Human: Building a Safer Health System, which estimated the annual range of premature deaths to be between 44,000 and 98,000.

39169436These articles and the research behind them point to a harsh and unfortunate reality: our health care system is not safer and is failing to take necessary steps to prevent death and serious injury resulting from medical mistakes. In fact, the problem has gotten much worse. An increase of between 400 and 500 percent in 15 years in the number of preventable deaths from human error is totally unacceptable. In 1999, the authors of To Err Is Human outlined several steps recommended by the Quality of Healthcare in America Committee of the Institute of Medicine to improve safety and help decrease the number of preventable deaths and injuries. Some of these suggestions seem obvious, such as implementing better hygiene and patient safety protocols for the delivery of care to reduce mistakes such as preventable infections and medication errors. Apparently, either these suggestions have not been implemented industry-wide or they have been ineffectively implemented.

Perhaps the health care industry as a whole should revisit the original strategy for the improvement of care proposed by the Institute of Medicine.  That proposal included a four-tiered approach, which included:

  • Establishing a national focus to create leadership, research, tools, and protocols to enhance the knowledge base about safety.
  • Identifying and learning from errors by developing a nationwide public mandatory reporting system and by encouraging health care organizations and practitioners to develop and participate in voluntary reporting systems.
  • Raising performance standards and expectations for improvements in safety through the actions of oversight organizations, professional groups, and group purchasers of health care.
  • Implementing safety systems in health care organizations to ensure safe practices at the delivery level.

For the victims of medical mistakes and their families, the devastating losses associated with these errors such as overdosing patients and other medication errors, surgical mistakes, and acting on incomplete or incorrect patient health histories, do not make sense. How does one come to accept that their loved one’s death was the result of an error? How does one recover from such a devastating and preventable loss?

Atlanta law firm, Brownstein and Nguyen, has first hand knowledge and experience in working with families who have suffered tragic losses from preventable deaths and serious injuries due to medical mistakes. We are dedicated to advocating for families and loved ones who suffer. For more information about medical malpractice and negligence cases, click here. Contact us today for a free consultation and case review.

Immigration: Reform or Not, We are Here to Help

For the past several years, immigration reform has been a hot topic in our country as evidenced by frequent news headlines and reports about the many individuals and families caught in the middle. The general consensus seems to be that changes to current immigration policy and laws are needed. Some reforms – including a path to citizenship for those who entered or stayed in the United States illegally but have become productive members of society – even have broad support. Unfortunately, however, the political stalemate in Washington has prevented legislation from being enacted. For the countless immigrants seeking to become citizens or who are facing possible deportation, change cannot come soon enough.

Immigration Law-AtlantaImmigration laws and procedures are not simple, but rather are extremely complicated. For those needing relief, the U.S. immigration system is daunting and should not be faced alone. At Brownstein & Nguyen, our attorneys are intimately familiar with the many complex aspects of immigration law and the legal process involved. Even within the current system, that can seem overwhelming and often leads to harsh and unintended results, we can make a difference for clients. While we may not be able to effect broader changes in policy or the law, over the years we have successfully helped thousands of clients to fulfill their dreams of living and prospering in our great nation.

For example, we have helped individuals and families seeking to enter or stay in the United States by obtaining the appropriate type of visa. Visas mean all the difference in the world for so many, as families can be reunited, students can gain college educations, and gainful employment can be legally obtained.

An opinion piece in USA today gave a Last Call for Obama on Immigration Reform. At Brownstein and Nguyen, we are here to help those in need to navigate an immigration system waiting for change, so they can improve the quality of their lives and their families’ futures.

For more information on immigration issues, please feel free to read through the information found in our Immigration Practice pages. If you or someone you know is experiencing an immigration problem or has an immigration question, please do not hesitate to contact our Atlanta immigration specialists at Brownstein and Nguyen.

Healthcare-Associated Infections

Hospital care is often required for those who are ill or injured. However, there are unseen dangers involved in our healthcare system according to a recent report from the Centers for Disease Control (CDC). This report detailed the prevalence of healthcare-associated infections (HAI) that can be contracted during the course of hospital care.

Hospital infections and medical malpracticeIt is amazing that in 2014 it is still possible to contract an infection as a result of a lack of hand washing. However, the numbers reported in recent studies show that healthcare-associated infection is more than just a possibility – it is a danger all hospital patients face. According to CDC Director Tom Freyden, more than 200 Americans will die each day as a result of an infection contracted during a hospital stay. Freyden goes on to state: “The most advanced medical care won’t work if clinicians don’t prevent infections through basic things such as regular hand hygiene. Health care workers want the best for their patents; following standard infection control practices every time will help ensure their patient’s safety.”

The Multistate Point-Prevalence Survey of Healthcare-associated Infections, published in the New England Journal of Medicine, reports the most common infections related to hospitalization. These include pneumonia, surgical site infections, gastrointestinal infections, urinary tract infections, and bloodstream infections. While not all of these infections result in death, it is certain that these infections make recovery from surgery, illness, or other reasons involving hospitalization, more difficult.

Infections that result from a lack of hand washing and other preventive measures or safety issues such as unsterilized equipment, unsafe handling of blood and other substances, etc. may fall in the category of medical malpractice. Medical malpractice claims in Georgia are difficult to pursue, but the attorneys at Brownstein and Nguyen in Atlanta have extensive experience in litigating these types of cases. If you or someone you know has suffered from a serious infection as a result of medical malpractice or negligence, contact our Georgia malpractice attorneys for a free consultation today.

What is Removal?

Removal, formerly known as deportation, refers to the removing of a non-U.S. citizen from the United States and their return to their home country.

Why might an individual be removed from the United States?

An individual may be removed from the United States for several different reasons. These reasons include a person illegally entering the United States, legally entering the United States but staying beyond the allowable time stated on a visa, or if an individual committed a crime or crimes that would be grounds for removal.

 Removal and Deportation Law Specialists in AtlantaHow is removal determined?

Removal is determined in part through removal proceedings. Removal proceedings are now used in place of deportation proceedings. Removal proceedings are started when a respondent (the person involved in the removal proceeding) is contacted with a Notice to Appear. A Notice to Appear contains a list of numbered allegations that are factual against the respondent. A typical Notice to Appear my include statements such as:

1.  You are not a citizen or resident of the United States

2.  You are a citizen and national of [respondent’s alleged home country]

3.  On [date], you pled guilty to [citation to criminal statute or statutes] or

You were admitted to the United States on [month], [day] [year] as a B visitor for a period not to exceed 180 days.

4.  Under Section 238 of the Immigration & Nationality Act, you committed an aggravated felony rendering you removable, or you remained in the United States beyond your term of admission.

Removal proceedings are typically initiated upon the arrest or detention by Immigration & Customs Enforcement (ICE) of someone with an outstanding immigration hold or who is suspected by the government of being removable.

What should I do if I am detained by ICE or receive a Notice to Appear?

If you, a family member or loved one receive a Notice to Appear or are detained by ICE for removal proceedings, you should contact Atlanta, Georgia immigration lawyers at Brownstein and Nguyen. With over 20 years of experience in immigration law, we are knowledgeable and can aggressively represent clients in removal proceedings and all other aspects of immigration law.

Immigration Reform

For the past several years, immigration reform has been the subject of much political debate and maneuvering and a hot topic in the news. But to the millions of immigrants peacefully living and working, paying taxes and raising families in the United States, immigration reform is much more politics. Take a look at a recent article, regarding the story of Josue Noe Sandoval-Perez, and it is hard not to feel the gut wrenching pain that some of the current immigration enforcement practices place on families. In the midst of the headlines, and the current state of progress on immigration reform, it may seem that there is no hope. However, even under current law there is much that can be done to help immigrants wanting to make this country their home.

19272384Citizens of foreign countries who seek to enter the United States generally must first obtain a U.S. visa. Visas fall into two main categories: non-immigrant visas and immigrant visas. For those wishing only to travel to, visit, or study abroad in the United States on a temporary basis, they would need to obtain a non-immigrant visa. If a non-U.S. citizen wishes to reside permanently in the United States, an immigrant visa would be necessary. There are numerous categories and methods of obtaining immigrant visas, or green cards, each with their own requirements. Generally, these categories include relative, spouse and finance’ visas, investor or employment visas, and various special circumstance visas. For more information about the various types of visas available, please click here.

For the past 20 years, the Atlanta, Georgia law firm of Brownstein & Nguyen has helped thousands of foreign citizens obtain visas to come and live in the United States. Founding attorney Tien G. Nguyen has the necessary expertise to help individuals and families with their visa needs, including visas and green cards, citizenship and naturalization, and removal/deportation. If you, a family member or someone you know needs expert advice or representation in immigration law, do not hesitate to call or contact our Atlanta, Georgia immigration law attorneys today for a free consultation.