McGowan, Hood & Felder, LLC has represented numerous clients in regard to personal injury and wrongful death lawsuits against nursing home and assisted living care facilities alleging that the entities failed to prevent bedsores or failed to properly treat them once present. These failures have led to painful injuries and death.
Bedsores, also called pressure sores, pressure ulcers, or decubitus ulcers are areas of damaged skin and tissue that develop when sustained pressure cuts off circulation to vulnerable parts of the body, especially the skin on the buttocks, hips, and heels. Without adequate blood flow, the affected tissue dies. Persons in nursing homes and assisted living facilities are a vulnerable population for this condition because they rely on agents or employees of a long term care facility to assist them with proper positioning to help prevent the occurrence of pressure related ulcers. Bedsores fall into one of four stages based on their severity. The National Pressure Ulcer Advisory Panel, a professional organization dedicated to the prevention and treatment of pressure sores, has defined each stage as follow:
Stage I - Initially, a pressure sore appears as a persistent area of red skin that may itch or hurt and feel warm and spongy or firm to the touch. In blacks, Hispanics, and other people of darker skin, the mark may appear to have a blue or purple hue, or look flaky or ashen. Stage I wounds are superficial and go away shortly after the pressure is relieved.
Stage II - At this point, some skin loss has already occurred - either in the epidermis, the outermost layer of skin, in the dermis, the skin’s deeper layer, or in both. The wound is now an open sore that looks like a blister or an abrasion, and the surrounding tissues may show red or purple discoloration. If treated promptly, Stage II sores usually heal fairly quickly.
Stage III - By the time a pressure ulcer reaches this stage, the damage has extended to the tissue below the skin creating a deep, crater-like wound.
Stage IV - In the most serious and advanced stage, a large-scale loss of skin occurs, along with damages to muscle, bone, and even supporting structures such as tendons and joints. Stage IV wounds are extremely difficult to heal and can lead to lethal infections.
Bed sores usually result from sustained pressure on a vulnerable part of a person’s body. They are especially common in area that aren’t well padded with muscle or fat and that lie just over a bone, such as your spine, tailbone (coccyx), shoulder blades, hips, heels and elbows. Because your skin and the underlying tissues are trapped between bone and a surface such as a wheelchair or bed, blood flow is restricted. This deprives tissue of oxygen and other nutrients and irreversible damage and tissue death can occur.
In general, nursing home residents have higher rates of bedsores than do people who are cared for at home. Family members usually pay greater attention to their loved one than a nursing home or assisted living care facility.
Complications of bedsores include:
Gangrene. Different types of gangrene can occur which can create the need for amputation of a limb. These types of gangrene can occur over days or suddenly and changes in tissues are noticeable (the affected area changes color as the tissue dies).
Sepsis. Once of the greatest dangers of an advanced pressure sore, sepsis occurs when bacteria from a massive infection enter your bloodstream and spread throughout your body - a rapidly progressing, life-threatening condition that can cause shock and organ failure.
Necrotizing fasciitis. This rapidly spreading infection destroys the layers of tissue that surround your muscles. Initial signs and symptoms include fever, pain and massive swelling. Without treatment, death can occur in as little as 12 to 24 hours.
Cellulitis. This acute infection of your skin’s connective tissue causes pain, redness and swelling, all of which can be severe. Cellulitis can also lead to life-threatening complications, including sepsis and meningitis - an infection of the membrane and fluid surround your brain and spinal cord.
Bone and joint infections. These develop when the infection from a bedsore burrows deep into your joints and bones. Joint infections (septic or infectious arthritis) can damage cartilage and tissue within days, whereas bone infections (osteomyelitis) may fester for years if not treated. Eventually, bone infections can lead to bone death and reduced function of your joints and limbs.
According to a federal government study, 30 percent of U.S. nursing homes were cited for almost 9,000 cases of abuse between January 1999 and January 2001. This may be an understatement of the problem since incidents of abuse and neglect often go unreported.
The problem of nursing home abuse and neglect will not go away in the foreseeable future. As the baby boom generation ages, the demand for nursing home care continues to grow. Nearly 17,000 nursing homes in the United States currently care for 1.6 million residents, and that number is expected to quadruple to 6.6 million residents by 2050. These staggering numbers will dramatically increase the stressors on a system already crippled by staff shortages, poor working conditions, lack of supervision, and inadequate training.
Some of the attorneys at McGowan, Hood & Felder are well versed in how to decipher nursing home records and determine the cause and complications of bedsores. We have an on-staff nurse that assists with an initial impression of whether a case has merit or not. Our lawyers have been litigating nursing home cases for many years. We aggressively litigate nursing home cases and strive to provide our clients with top tier representation.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys of our firm who litigate nursing home cases are constantly updating their education and ability to resolve nursing home cases. W. Jones Andrews, Jr. of McGowan, Hood & Felder has helped to litigate many nursing home cases. W. Jones Andrews, Jr. is currently litigating nursing home cases and is available for consultation by email at jandrews@mcgowanhood.com or telephone (Toll free) 1-877-644-6400.
Please visit our website at www.mcgowanhood.com for comprehensive information on nursing home abuse and neglect. (Toll free 1-877-327-3800).
Very truly yours,
McGowan, Hood & Felder, LLC
W. Jones Andrews, 1517 Hampton Street, Columbia, SC 29201
Monday, March 23, 2009
Federal Court cases in SC
McGowan, Hood & Felder LLC has handled numerous actions in the federal courts, both here in the District of South Carolina and outside the state. The cases have ranged from catastrophic injury (trucking accidents, products liability, etc.) to complex anti-trust class actions.
Federal court in South Carolina has several advantages: a single judge who will get to know your case, rapid resolution of motions and other issues, and more certainty in trial scheduling. On the other hand, there are a number of pitfalls that can trip up even experienced trial attorneys.
Some of these pitfalls include:
Judges’ Individual Preferences and Orders: Each judge in the United States District Court for the State of South Carolina has their own judicial preferences for motions and trial matters. For instance, a motion to compel filed in a case before a certain judge without first contacting their chambers by phone will be summarily denied. A particular judge does not allow the use of “/s” to sign pleadings, rather, the signature of the attorney must be electronically scanned and pasted onto the document. These judicial requirements are on the South Carolina Federal Court Website and each judge has their own preferences.
Extensions of Time: Local Rule 6.01 to the Federal Rules of Civil Procedure has intricate requirements for motions and consent orders extending time. These include: an explanation of the reasons why the extension is needed, a proposed amended scheduling order attached to the motion, and a statement as to whether the requested extension will affect other deadlines.
Missing or Incomplete Discovery Responses: If opposing counsel fails to respond to discovery, or fails to respond fully and appropriately, you have only 20 days to file a motion to compel. If a motion is not filed within 20 days, the right to do so is waived and you are stuck with the improper responses.
Deadlines for Responses: The computer-generated ECF deadline for a response or other action controls, even over the federal rules, unless a judge has ordered a different date.
Unable to Serve within 120 Days: If the plaintiff cannot serve a defendant within 120 days of filing, the plaintiff must notify the court and other parties in writing and explain why no service has been made.
Court Interrogatories on First Appearance: The first time a party appears in an action, that party must answer court-ordered interrogatories set forth in Local Rule 26.01.
Expert Witnesses: Expert witnesses must be identified in discovery AND a party must produce an affidavit of the expert’s opinions, trial and deposition testimony for the last four years, rate of compensation and other information in regard to the expert. This requirement is a quagmire and can entrap the most experienced of litigators.
There are multiple differences between filing a matter in state court versus federal court. There are times you can file in federal court and a case is swept up as a “tag-along” case to a matter involving multi district litigation. This “MDL scenario has many different permutations too numerous to discuss in this limited forum.
Our attorneys are experienced in federal court, multi district litigation (MDL) and class action matters. Some of the attorneys at McGowan, Hood & Felder are former federal law clerks. We can assist in cases where your case may have been unexpectedly removed to federal court and also discuss the pros and cons of proceeding in federal court in an action you are contemplating filing.
William A. (“Bill”) McKinnon of McGowan, Hood and Felder is a former law clerk to Judge Joseph Anderson, Jr. on the District of South Carolina and Judge Andrew Kleinfeld on the Ninth Circuit Court of Appeals. He is available for consultation by email at bmckinnon@mcgowanhood.com or telephone (Toll free 1-877-327-3800).
Very truly yours,
McGowan, Hood & Felder, LLC
William A. McKinnon, 1539 Healthcare Drive, Rock Hill, SC 29732
Federal court in South Carolina has several advantages: a single judge who will get to know your case, rapid resolution of motions and other issues, and more certainty in trial scheduling. On the other hand, there are a number of pitfalls that can trip up even experienced trial attorneys.
Some of these pitfalls include:
Judges’ Individual Preferences and Orders: Each judge in the United States District Court for the State of South Carolina has their own judicial preferences for motions and trial matters. For instance, a motion to compel filed in a case before a certain judge without first contacting their chambers by phone will be summarily denied. A particular judge does not allow the use of “/s” to sign pleadings, rather, the signature of the attorney must be electronically scanned and pasted onto the document. These judicial requirements are on the South Carolina Federal Court Website and each judge has their own preferences.
Extensions of Time: Local Rule 6.01 to the Federal Rules of Civil Procedure has intricate requirements for motions and consent orders extending time. These include: an explanation of the reasons why the extension is needed, a proposed amended scheduling order attached to the motion, and a statement as to whether the requested extension will affect other deadlines.
Missing or Incomplete Discovery Responses: If opposing counsel fails to respond to discovery, or fails to respond fully and appropriately, you have only 20 days to file a motion to compel. If a motion is not filed within 20 days, the right to do so is waived and you are stuck with the improper responses.
Deadlines for Responses: The computer-generated ECF deadline for a response or other action controls, even over the federal rules, unless a judge has ordered a different date.
Unable to Serve within 120 Days: If the plaintiff cannot serve a defendant within 120 days of filing, the plaintiff must notify the court and other parties in writing and explain why no service has been made.
Court Interrogatories on First Appearance: The first time a party appears in an action, that party must answer court-ordered interrogatories set forth in Local Rule 26.01.
Expert Witnesses: Expert witnesses must be identified in discovery AND a party must produce an affidavit of the expert’s opinions, trial and deposition testimony for the last four years, rate of compensation and other information in regard to the expert. This requirement is a quagmire and can entrap the most experienced of litigators.
There are multiple differences between filing a matter in state court versus federal court. There are times you can file in federal court and a case is swept up as a “tag-along” case to a matter involving multi district litigation. This “MDL scenario has many different permutations too numerous to discuss in this limited forum.
Our attorneys are experienced in federal court, multi district litigation (MDL) and class action matters. Some of the attorneys at McGowan, Hood & Felder are former federal law clerks. We can assist in cases where your case may have been unexpectedly removed to federal court and also discuss the pros and cons of proceeding in federal court in an action you are contemplating filing.
William A. (“Bill”) McKinnon of McGowan, Hood and Felder is a former law clerk to Judge Joseph Anderson, Jr. on the District of South Carolina and Judge Andrew Kleinfeld on the Ninth Circuit Court of Appeals. He is available for consultation by email at bmckinnon@mcgowanhood.com or telephone (Toll free 1-877-327-3800).
Very truly yours,
McGowan, Hood & Felder, LLC
William A. McKinnon, 1539 Healthcare Drive, Rock Hill, SC 29732
Child Birth Injury Cases
McGowan, Hood & Felder, LLC has represented numerous clients in regard to personal injury and wrongful death lawsuits against physicians and hospitals alleging that the medical practitioners failed to heed warning signs occurring during an impending birth. These situations have led to catastrophic injuries for infants and their families who trusted their medical professional.
Our clients have alleged, among other things, that the medical providers may have ignored or failed to recognize non reassuring fetal heart patterns on an electronic fetal monitor strip including, but not limited to, late decelerations, decreased variability, variable decelerations, higher than normal heart rate (tachycardia) or lower than normal heart rate (bradycardia). These failures by a medical professional can lead to hypoxia (lack of oxygen) in a fetus which can have catastrophic circumstances.
Despite recognized treatises and articles on the potential ramifications of failure to heed warnings from fetal monitor strips; medical practitioners continue to ignore this valuable diagnostic tool during the delivery of a child. A nurse is supposed to be the eyes and ears of the physician and has the ability to decipher the fetal monitor strips. If the nurse fails to do her or his job, the physician is left to tend to an emergency situation. If the nurse fails to heed the warning signs and the doctor supervising the nurse fails to heed warning signs, ominous situations can arise which can lead to catastrophic circumstances for a child.
In addition to fetal monitor strips, the attorneys at McGowan, Hood & Felder have litigated cases involving vacuum extraction and forceps. The failure to use these instruments properly during a delivery can lead to severe injury. Additionally, if a child is born in a jaundiced state (sometimes caused by a condition known as “hyperbilirubinemia”) that is not treated properly, a child can suffer a brain injury which can have catastrophic circumstances. One of the other increasing problems surrounding the birth process is the increasing use of pitiocin to augment or facilitate labor which can lead to a hyper stimulated uterus which can “squeeze” the baby’s head for a prolonged period of time and result in brain injury.
Some of the attorneys at our law firm are versed in how to read fetal monitor strips, decipher medical records and determine the cause of a catastrophic injury to a child. We have a nurse on staff that assists with an initial impression of whether a case has merit or not. McGowan, Hood & Felder has been litigating birth injury cases for many years. We aggressively litigate each case and provide each client with high-level, individual representation. While we have reached favorable settlements with medical practitioners on numerous birth injury cases, medical practitioners across South Carolina continue to deliver children who suffer injury at birth.
The types of injuries which can occur to a child include cognitive injury, physical disability, or death. These injuries can sometimes manifest themselves through a condition known as “cerebral palsy” which can have life care plans in the tens of millions of dollars.
Issues involving interpretation of fetal monitoring strips, causation of injury to the child, the type of injury suffered at birth, the types of experts needed in the case and the presentation of damages which arise in almost every case requires careful analysis by our attorneys and retained experts. The types of experts we have utilized in these types of cases include perinatologists, obstetricians, neonatologists, pediatric neurologists, pediatric neuroradiologists, geneticists, nurses, life care planners, vocational experts and economists. In addition to our retained experts, we have a highly skilled legal nurse on staff that assists our attorneys in the review of clients’ medical records and helps in the prosecution of these complex cases.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who litigate medical malpractice cases are constantly updating their education and ability to litigate birth injury cases. S. Randall Hood of McGowan, Hood & Felder has helped to litigate many birth injury and medical malpractice cases. S. Randall Hood is currently litigating multiple birth injury cases and is available for consultation by email at rhood@mcgowanhood.com or telephone (Toll free 1-877-327-3800).
Please visit our website at mcgowanhood.com for comprehensive information on birth injuries.
Very truly yours,
McGowan, Hood & Felder, LLC
S. Randall Hood, 1539 Healthcare Drive, Rock Hill, SC 29732
Our clients have alleged, among other things, that the medical providers may have ignored or failed to recognize non reassuring fetal heart patterns on an electronic fetal monitor strip including, but not limited to, late decelerations, decreased variability, variable decelerations, higher than normal heart rate (tachycardia) or lower than normal heart rate (bradycardia). These failures by a medical professional can lead to hypoxia (lack of oxygen) in a fetus which can have catastrophic circumstances.
Despite recognized treatises and articles on the potential ramifications of failure to heed warnings from fetal monitor strips; medical practitioners continue to ignore this valuable diagnostic tool during the delivery of a child. A nurse is supposed to be the eyes and ears of the physician and has the ability to decipher the fetal monitor strips. If the nurse fails to do her or his job, the physician is left to tend to an emergency situation. If the nurse fails to heed the warning signs and the doctor supervising the nurse fails to heed warning signs, ominous situations can arise which can lead to catastrophic circumstances for a child.
In addition to fetal monitor strips, the attorneys at McGowan, Hood & Felder have litigated cases involving vacuum extraction and forceps. The failure to use these instruments properly during a delivery can lead to severe injury. Additionally, if a child is born in a jaundiced state (sometimes caused by a condition known as “hyperbilirubinemia”) that is not treated properly, a child can suffer a brain injury which can have catastrophic circumstances. One of the other increasing problems surrounding the birth process is the increasing use of pitiocin to augment or facilitate labor which can lead to a hyper stimulated uterus which can “squeeze” the baby’s head for a prolonged period of time and result in brain injury.
Some of the attorneys at our law firm are versed in how to read fetal monitor strips, decipher medical records and determine the cause of a catastrophic injury to a child. We have a nurse on staff that assists with an initial impression of whether a case has merit or not. McGowan, Hood & Felder has been litigating birth injury cases for many years. We aggressively litigate each case and provide each client with high-level, individual representation. While we have reached favorable settlements with medical practitioners on numerous birth injury cases, medical practitioners across South Carolina continue to deliver children who suffer injury at birth.
The types of injuries which can occur to a child include cognitive injury, physical disability, or death. These injuries can sometimes manifest themselves through a condition known as “cerebral palsy” which can have life care plans in the tens of millions of dollars.
Issues involving interpretation of fetal monitoring strips, causation of injury to the child, the type of injury suffered at birth, the types of experts needed in the case and the presentation of damages which arise in almost every case requires careful analysis by our attorneys and retained experts. The types of experts we have utilized in these types of cases include perinatologists, obstetricians, neonatologists, pediatric neurologists, pediatric neuroradiologists, geneticists, nurses, life care planners, vocational experts and economists. In addition to our retained experts, we have a highly skilled legal nurse on staff that assists our attorneys in the review of clients’ medical records and helps in the prosecution of these complex cases.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who litigate medical malpractice cases are constantly updating their education and ability to litigate birth injury cases. S. Randall Hood of McGowan, Hood & Felder has helped to litigate many birth injury and medical malpractice cases. S. Randall Hood is currently litigating multiple birth injury cases and is available for consultation by email at rhood@mcgowanhood.com or telephone (Toll free 1-877-327-3800).
Please visit our website at mcgowanhood.com for comprehensive information on birth injuries.
Very truly yours,
McGowan, Hood & Felder, LLC
S. Randall Hood, 1539 Healthcare Drive, Rock Hill, SC 29732
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