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May 2019 Archives

Lack of oxygen a top cause of birth injuries in premature babies

It is not always possible to control when a baby is born. According to the March of Dimes, nearly 10% of babies are born prematurely in North Carolina--a rate that is higher than many states'. And with how common premature babies are, it might make sense that doctors and hospitals nationwide understand how to keep both mother and child safe.

Kentucky Enacts New Medical Malpractice Law After Medical Review Panels Ruled Unconstitutional

In 2017, Kentucky enacted a law that required any medical malpractice claim to be reviewed by a panel of experts and an attorney before the claimants could file their suit in court. This caused a mandatory delay, contradicting Kentucky's own constitution that states every person has access to the courts without delay. At the end of 2018, this law was declared unconstitutional. Cases in Kentucky can move forward much faster now.

Nursing home fines drop significantly

Fines against nursing homes that were found to injure or endanger their residents were significantly reduced after the Trump administration changed its policy on the issue. Average fines dropped from $41,260 in 2016 under the Obama administration to $28,405 under Trump. The reason why fines decreased so much is due to a policy that changed the way nursing homes in North Carolina and other states were fined. It changed from the number of days they were out of compliance to a single fine for each reported violation.

Quality of Care Regulations in Nursing Homes

Virtually all skilled nursing facilities accept taxpayer dollars via Medicare. As a condition of being able to get paid Medicare dollars, Medicare has regulations that set minimum standards for the quality of nursing care provided in nursing homes. The purpose of these regulations is in part to ensure proper care is given in order to avoid neglect, injury, and even death to nursing home patients. These regulations, 42 CFR 483.25, address some of the more common types of problems we see in nursing home cases, problems that can lead to injury, or even death.

Diversicare Nursing Homes in Kentucky

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