1-877-MY-Advocates (692-3862)
by American Association for Justice
on July 3, 2011
A report recently released by the Centers for Medicare and Medicaid Services revealed that in 2009, hospitals received $30.4 billion from Medicare to treat injuries that hospitals themselves inflicted. The hospitals harmed patients through faulty care, provided additional care to treat the harm they caused, billed Medicare for the corrective care, and then reaped a massive windfall at taxpayer expense once they received payment for the additional care.
Obviously, the faulty care rendered to Medicare patients significantly drives up the cost of health care in the U.S. The cost is driven up further by faulty care rendered to patients covered by private insurance and Medicaid.
Well over a million patients are killed or harmed every year in hospitals by substandard medical care. One study published in the journal Health Affairs concluded that approximately one out of every three patients experiences an “adverse event” while in the hospital.
An example of an adverse event is mismanagement of labor and delivery that causes a baby to suffer brain damage and develop cerebral palsy. Caring for this child can cost the health care system $10 million or more.
Once a child develops cerebral palsy as a result of faulty care and that baby is ultimately released from the hospital, the burden of absorbing the cost of that care can fall on the parents. Sometimes, parents have insurance to cover a portion of the care. But not all parents have such coverage. And typically, the extensive care that is needed isn’t covered by any form of government or private insurance. Indeed, the most costly component of caring for a child who develops cerebral palsy is attendant care to assist with dressing, feeding and other activities of daily living.
As a medical malpractice lawyer for 30-plus years, I’ve investigated more than 10,000 birth injury cases nationwide. I have become all too familiar with the many forms of preventable medical error that can lead to cerebral palsy and the staggering cost of caring for these children over their lifetimes. Proudly, I have helped many families throughout the U.S. obtain the justice and compensation they deserve and need.
Along with helping families who have fallen victim to poor obstetrical care, I have endeavored to help families cope even in those instances where faulty care wasn’t to blame for their child’s cerebral palsy. Resources I have helped make available to families include the CP Survival Guide. I have also co-authored a pamphlet entitled Beyond Birthing Class, which provides valuable information to expectant mothers to help them obtain the quality of obstetrical care they deserve. These free resources are available through a non-profit organization called CP Family Network. Access to these resources and to legal assistance, should you need it, can be obtained by visiting CPfamilyNetwork.org.
Howard Janet holds the highest possible rating for competence and ethics from the nation’s most respected attorney peer review organization. His firm, Janet, Jenner & Suggs, LLC, is recognized as one of the country’s top law firms by U.S. News & World Report and Newsweek. He can be reached at haj@MyAdvocates.com.