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.

Welcome to the Brownstein and Nguyen Atlanta Law Firm Blog

Thank you for stopping by our website and visiting our blog. Our goal is to provide you with helpful resources and information on legal topics in our areas of practice – immigration, business litigation and personal injury. While many other firms also practice in these areas, we believe that our passion, our experience, and our commitment to our clients’ needs help us stand out above the rest.

Trusted Atlanta Immigration LawyerOur Passion

We are passionate about the areas of law in which we practice in the greater Atlanta area. Through personal attention, diligence and perseverance we treat each client’s case as the most important one in the firm. We truly want to make a difference in our clients’ lives and help them through their legal difficulties.

Our Experience

Take a few minutes to browse our case results and testimonials – we believe these speak volumes to the expertise and skill Brownstein and Nguyen brings to the table for our clients. Established over twenty years ago, the longevity of our firm proves we are here to stay. It has also allowed founding lawyers, Jay Brownstein and Tien Nguyen, to gain a wealth of experience in their respective areas or practice. Click here to learn more about our attorneys.

Our Commitment

We are absolutely committed to upholding the highest standards in practicing law. With this comes a deep commitment to each of our clients. We strive for personalized service for each client, as we know that each legal situation and need is different. We make sure that professionalism, honesty, advocacy, and work ethic are the forefront of our practice.

Contact Us

If you are in need of legal help and interested in getting the process started, contact Brownstein and Nguyen – your immigration, business litigation, and personal injury law specialists in Atlanta, GA.

Have you had to place a loved one in the care of a nursing home?

The number of individuals that are able to simply answer “yes” to this question is growing as our population ages. According to the U.S. Census the population of individuals aged 45 to 64 grew 31.5% from the 2000 Census to the 2010 Census. This generation is commonly referred to as Baby Boomers. With the population of Baby Boomers aging, more individuals find themselves looking for additional resources to help care for the healthcare needs of their parents and loved ones. The decision to place a loved one in a nursing home is often not an easy one. In choosing a facility, one important factor to think about is possible abuse or neglect.

32141277.thbNursing Home Abuse and Neglect

It is unfortunate, but true, that many have suffered from abuse or neglect while residing in nursing homes. Not all nursing homes are managed and operated in the same manner, and caring for patients with such a wide range of specific needs can be difficult. This is especially true when nursing homes and healthcare workers seem to be overworked and underpaid.

Nursing home abuse and neglect can manifest itself in several ways. This is a short list of things to be on the lookout for:

  • Pressure sores (sometimes referred to as decubitus ulcers) or bedsores
  • Skin breakdown and lesions
  • Falls and/or broken bones
  • Infections
  • Excessive bruising
  • Burns and other skin lesions
  • Infections from improperly placed or maintained catheters
  • Bowel impactions as a result of chronic constipation
  • Malnutrition
  • Dehydration
  • Medication errors
  • Improper or over-sedation
  • Poor personal hygiene
  • Dry skin and/or chapped lips
  • Unexplained weight loss
  • Reduced appetite of the inability to eat
  • Verbal abuse
  • Physical abuse
  • General disregard for health and welfare of residents

It is always highly suggested that family members research options in acute care or rehabilitation facilities in advance of making a decision to admit a loved one. We suggest reading, Three Key Things to Consider when Looking for an Assisted Living Facility, and visiting Skilled Nursing Facilities to help you in this process.

Should your loved one have the unfortunate experience of experiencing neglect or if you notice signs of neglect as a result of care in a long term care facility, Brownstein & Nguyen has first hand experience in dealing with the issue of nursing home abuse and neglect.  We are your premier lawyers within the Greater Atlanta area in helping to fight for your loved ones’ rights while living in a managed care facility. If you have noticed any of the above issues, or are concerned that a loved one may be suffering, call or contact our nursing home neglect and elder abuse lawyers today.

Three Key Things to Consider when Looking for an Assisted Living Facility

With the effects of Alzheimer’s disease often requiring special care, it is highly likely that the number of families that must turn to a Skilled Nursing Facility (or nursing home) will rise. In searching for a facility for your loved one, there are many things to consider. Here are three key things that you should keep in mind:

Researching a Skilled Nursing Facility1. Research Facilities In Advance

Before visiting a specific facility, do your research. Visit sites such as skillednursingfacilities.org and the Georgia Department of Community Health to review facility ratings and reports. Look closely at the numbers of complaints and violations if there are any.

2. Visit the Facility

After carefully researching the facilities and determining which ones may best meet the care needs of your loved one, set up an appointment to visit. This can easily be done through calling or emailing the facility to schedule a tour and meet with an onsite administrator. Make sure that you observe the residents, the employees, and the overall environment while visiting.

3. Ask Questions

It is wise to be prepared with questions before visiting a facility. Think about what you would like to ask the manager, the healthcare providers, and even the residents. The National Institute on Aging provides several suggested questions. This is a big decision, and it is important to investigate all angles.

While researching and visiting facilities, it is important to be aware of any signs of nursing home neglect or elder abuse. You will want to make sure that you address any questions or concerns that you have regarding any potential warning signs in this area. It may also be helpful to consult with a lawyer that is familiar with cases of nursing home neglect or abuse prior to visiting a facility and before agreeing to admit a family member. At Brownstein & Nguyen, we have years of experience in dealing with the difficult situations that arise in cases of nursing home neglect and elder abuse. Call or contact us today so that we can help you.

Alzheimer’s Rates May be Much More Prevalent

Recently the journal Neurology found that the number of deaths as a result of Alzheimer’s disease in the United States may be much larger than what has been commonly reported. This is attributed to the fact that the debilitating disease has many side effects and complications that are often recorded as the main cause of death on death certificates. According to the study from the Rush University Medical Center in Chicago, Alzheimer’s disease could be responsible for over 500,000 deaths each year. If this is true, Alzheimer’s disease would come in at a close third for the leading cause of mortality in the United States. Heart disease and cancer are at the top of the list.Alzheimer's More Prevalent

Early diagnosis of Alzheimer’s is difficult as families often miss the indirect signs to help identify it. However, once a physical decline begins, its progression is quite rapid and this leads to the secondary causes of death. It is important to be on the lookout for possible signs of Alzheimer’s. The Alzheimer’s Association offers a wealth of resources regarding Alzheimer’s disease, including 10 Warning Signs of Alzheimer’s.

The Alzheimer’s Association identifies these 10 signs as:

  1. Memory loss that disrupts daily life.
  2. Challenges in planning or solving problems.
  3. Difficulty in completing tasks at home, at work or at leisure.
  4. Confusion with time or place.
  5. Trouble understanding visual images and spatial relationships.
  6. New problems with words in speaking or writing.
  7. Misplacing things and losing the ability to retrace steps.
  8. Decreased or poor judgment.
  9. Withdrawal from work or social activities.
  10. Changes in mood or personality.

With the distinct possibility that Alzheimer’s is much more prevalent than previously known, families are left with many difficult decisions regarding the long term care of their loved ones. As lawyers in Atlanta specializing in elder abuse, medical malpractice, and nursing home neglect, Brownstein and Nguyen is here to help you understand things you should prepare for as your loved ones age and experience signs of Alzheimer’s disease.  Call or contact us today.

Jay Brownstein featured in blog “Listen Like a Lawyer”

See Jay Brownstein’s thoughts on the different listening contexts for trial lawyers in the blog “Listen Like a Lawyer,” hosted by Emory Law professor Jennifer Romig.  Jay discusses listening skills used by lawyers when communicating with clients (before and after engagement), trial judges, juries and appellate panels. Click here to read the posting.