Doctors Neglecting Weapon Against Fighting Opioid Deaths

Recently Bloomberg published an article on Doctors Neglecting Weapon Against Fighting Opioid Deaths.

The U.S. is in the midst of an opioid crisis. Deaths from prescription painkiller overdoses have quadrupled since 1999. To combat the epidemic, 49 states  and Washington, D.C., have built computer systems intended to detect when people try to get multiple prescriptions, either for their own use or to sell illegally. The prescription drug monitoring programs, or PDMPs, track patients who already have prescriptions for controlled substances and can alert prescribers if someone appears to be “doctor-shopping.” The problem? They often go neglected by physicians.

Now advocates want stricter laws that require doctors to use the databases. Currently just seven states mandate that prescribers check the systems before giving patients opioids in all circumstances. More require them to get patients’ prescription history only if they suspect abuse. There’s no reliable data on how often doctor’s use PDMPs, but evidence from such states as New York, Tennessee, and Kentucky show that they are used much more frequently when the law requires it.

Gary Mendell is among those pushing for the change. He founded an advocacy group called Shatterproof after his son Brian, who had struggled with drug addiction, committed suicide in 2011 at age 25. Mendell, a former hotel executive, said the government needs to respond to the opioid crisis with the urgency of an epidemic such as Ebola or Zika. “Human beings take time to change,” he said. “This will change over the next two decades unless there’s urgency to it.”

Doctors say passing a law to make people use the databases won’t solve the problem. “When they are fully funded, integrated into [electronic health records], and when they provide accurate, relevant, and real-time data, they can provide helpful clinical information,” said Steven J. Stack, president of the American Medical Association, in a statement. “While some PDMPs can do this, many cannot.” The doctors group “strongly supports” using the systems, Stack said, but they’re “only one piece of a much larger puzzle” to end the opioid crisis.

“There are a tremendous number of barriers that have to be overcome for PDMPs to be used regularly at the point of care,” said Caleb Alexander, co-director of the Center for Drug Safety & Effectiveness at the Johns Hopkins Bloomberg School of Public Health. He signed on to a recent report from Shatterproof calling for mandatory use of PDMPs.

For example, requiring prescribers to log on with a separate username and password is “a nonstarter” at many hospitals, Alexander said. Even if the prescribing history is integrated into the software doctors already use, it has to be delivered at the right time and in a format that doctors understand. “I think mandated use is long overdue, although the programs have to be usable enough so that it’s reasonable to mandate them,” Alexander said.

New guidelines from the Centers for Disease Control call for doctors to consult PDMPs “to determine whether the patient is receiving opioid dosages or dangerous combinations that put him or her at high risk for overdose.” They’re just one part of a renewed national strategy to reduce opioid abuse. Every state but Missouri has authorized a PDMP, and the evidence in favor of the systems is growing, said Cindy Reilly, director of the prescription drug abuse project at the Pew Charitable Trusts.

Just getting prescribers enrolled to use the systems can be a challenge. In 23 states, fewer than half of the people registered with the Drug Enforcement Agency to prescribe controlled substances were enrolled in the PDMP in 2014, according to forthcoming research from Pew.

There are some steps Reilly said states can take to make the systems function better. Allowing prescribers to delegate checking the patient’s prescription history to other staff members can ease the burden on doctors in a rush. Likewise, the PDMPs should be linked seamlessly to electronic health records. The software should be able to alert doctors to risky patterns and deliver the information in a meaningful, easy-to-understand way. While states are progressively improving their systems, Reilly said, “It’s a slow-moving train.”

Mendell says the current pace is unacceptable. “If this was Ebola, and the government thought that 30,000 people might die this year from Ebola, I don’t believe you would see evidence-based solutions and recommendations that would be implemented over the next decade,” he said. “I believe you would see solutions implemented in weeks.”

Article from Bloomberg

If you or a loved one have been harmed dealing with some type of prescription recall, or medical negligence, contact Chhabra & Gibbs, P.A. today by going to our website at http://www.cglawms.com or by contacting us at 601-948-8005. There is no fee to discuss your potential case.

Can my employer fire me for filing a complaint or participating in a lawsuit against them for unpaid overtime?

No.

It is against the Fair Labor Standards Act for an employer to retaliate against an employee for filing a complaint or participating in a lawsuit for unpaid overtime wages.

In order to assert a prima facie claim of retaliation under the FLSA, a plaintiff must prove: (1) that he or she engaged in an activity protected by the FLSA; (2) that he or she suffered adverse action by the employer subsequent to or contemporaneous with such protected activity; and (3) a causal connection existed between the employee's activity and the employer's adverse action. If the employee establishes a prima facie claim of retaliation, the employer must provide a legitimate reason for the adverse action. Once the employer sets forth a non-discriminatory reason for its adverse reaction, the plaintiff may attempt to demonstrate the perpetual nature of the explanation proffered.

If you feel you have been retaliated against by your employer for making a complaint or participating in a lawsuit for overtime wages under the Fair Labor Standards Act, please give me a call at 601-948-8005 or contact me at http://www.cglawms.com to discuss your situation.

Teresa E. Harvey

Workers' Compensation claim and choosing your own doctor.

Can I choose my own doctor for my Workers' Compensation claim?

Yes you can choose your own doctor for your Workers' Compensation claim!  But hurry.  When you are injured on the job, you have the right to choose a doctor to treat you for your work injury.  In Mississippi, you can accept the medial services and doctor being provided by your employer, or you can choose your own doctor.  This means that you have the right to reject the doctor that the employer offers and pick your own.

If the employer does not send you to a doctor, you can still pick your own doctor—and you should.  You should always pick a doctor that you trust instead of relying on your employer to send you to a doctor.  Sometimes, employers will send their employee to a doctor they trust will side with them (the employer).   Would you rather pick a doctor that you know will be loyal to you?   Or would you rather your doctor be chosen by the person footing the bill (the insurance company)?

If your employer has already sent you to a doctor, that doctor does not constitute your own “choice of physician.”  So, even if your employer has already sent you to the doctor they have chosen, you can still go to another doctor that you choose.

However, there are a couple of exceptions to your right to choose your own doctor.  If you have treated with any doctor for your work injury for 6 months or more, or if that doctor has performed surgery on you, then that same doctor is deemed to be your “choice of physician” and you do not get to choose to go to a different doctor.

But regardless of what doctor you have treated with and for how long, call your attorney to discuss the possibility of getting a new doctor. At Chhabra & Gibbs, P.A., we will fight for you to get the best medical treatment possible.

Whatever doctor you see, and whenever you see a doctor for your work injury, be sure to tell them that you were injured while working for your employer and the medical treatment should be filed under workers’ compensation.  If you do not know a doctor who can treat you, call Chhabra & Gibbs.

For more questions about how a workers compensation case in Mississippi works, call Amanda Hill at Chhabra & Gibbs, P.A. at 601-948-8005 or chat with us online on our website today.

Amanda G. Hill

Can I be fired while being treated for my workers compensation case?

Yes. In the state of Mississippi, your employer can fire you while you are being treated for your workers’ compensation case.  Mississippi is an “at-will employment” state, which means that you can be fired for any reason.  In other words, you can be fired for misconduct or because the employer doesn’t like the color of your shoes.  You can even be fired for the mere fact that you made a workers compensation claim.  It is not fair.  But it is the law.  Our firm and many others have done their best, year after year, to get the legislature to change the law and make it illegal to fire someone just because they made a workers’ compensation claim.  But so far, the legislature is not listening.  They don’t want to hear from a bunch of lawyers who make their living from the system.  They want to hear from you who are casting the votes.  If you don’t know who your legislator is, please call our office at 601-948-8005 and give us your address and we will be glad to tell you and give you their contact information so you can let them know you don’t think it is right that you can be fired for filing a workers’ compensation claim especially if the employer was at fault in causing the injury by not having a safe work place.

The good news is that under the Mississippi Workers’ Compensation laws, when a person is fired after an injury at work, the law presumes that they were fired because of their injury.  That means that the Judge will see through any reason they give for firing you and instead, presume that you were fired because you were hurt and could not work the same way you used to.   This presumption can be rebutted by your employer if they have proof of misconduct that warranted termination, but your attorney will make sure the Judge hears your side of the story.   If the Judge decides that you were fired because of your injury, your attorney can usually negotiate a better settlement for you.  The fact that this presumption structure exists will affect the value of your case because it impacts how the Judge determines what your loss of wage earning capacity will be or how much loss of functionality you have endured.

You may also file a federal claim with the Equal Employment Opportunity Commission (EEOC) against your employer if you can prove the termination was based on Race, Gender, Age, Religion, Nationality, and Disability if you have been discriminated against on that basis, but the work injury claim alone is a perfectly legal reason to fire someone. 

If you have been hurt and you are worried about losing your job, contact an attorney and get armed with information BEFORE you get fired.  Don’t wait until things are bad before you find out what your rights are.  Go to our website at http://www.cglawms.com or call us at 601-948-8005

Amanda G. Hill

Many drug-makers filing incomplete side effect reports to FDA, analysis concludes

STAT (2/23, Silverman) reports that a new analysis published in Pharmacoepidemiology and Drug Safety concludes that drug-makers “generally fail to include key data that the FDA might use to assess future warnings” in their reports to the agency’s Adverse Event Reporting System. According to the analysis, 40% of expedited reports and 51% of periodic reports filed by drug-makers to the FDA were incomplete, with 38% lacking the patient’s age and sex. Another 47% of reports did not include the date of the adverse event. According to STAT, “reports involving patient deaths offered the least amount of complete information for all of the key data points.” A spokesperson for the FDA said the agency is “aware that the quality of adverse event reports may vary.”

We believe that obtaining legal satisfaction from those who harmed you shouldn’t require more hardship. That’s why we do everything we can to streamline the process, and we will file a lawsuit on your behalf if necessary. If you or a loved one has been affected by prescription drugs due to a recall or another mistake, and you believe it caused harm, contact Chhabra & Gibbs today by going to www.cglawms.com or by calling this number: 601-948-8005.

How does the process work to apply for Social Security Disability?

The first step to make is to apply for disability.  We can assist you in doing that by meeting with you and walking through the online application with you.

The social security administration will then make a decision on your application.  Unfortunately, for the vast majority of people that means a denial.

Once you are denied, you will need to timely appeal the decision. This step in the appeal process is called reconsideration.   If you have not already hired an attorney, this is the time that you need to do so.  Please also make sure that you do so immediately, so that the appeal can be timely filed in order to avoid having to start the whole process over again.

The social security administration will then review then case.  Unless there has been a significant change in your condition between the initial application and the reconsideration, the likely result will be another denial from social security.

At this point, you or your attorney will file a request for a hearing before an administrative law judge.  This is the step where you are able to go before a judge who independently reviews your case and hears your testimony.  This is the step at which most people are approved for disability.

Social Security disability is a long process and usually takes 12-18 months (sometimes longer) before a final decision is made by the administrative law judge.  You should not get frustrated with the process and give up on disability if you are unable to work.

Teresa E. Harvey

If you are interested in learning more about social security disability or in getting assistance to apply, please contact Chhabra & Gibbs, P.A., at 601-948-8005 or by going to our website at http://www.cglawms.com .

Recalls Of Select Single Lumen Catheters

Cook Medical is recalling 360 lots of its single lumen central venous catheters, pressure monitoring sets and trays due to issues with catheter tip fracture and separation.

A total of 17,872 devices are subject to the recall, according to Cook Medical, who said it began notifying customers and distributors of the issue in January and that it has contacted the FDA and other regulatory bodies over the issue.

The problem was discovered during an internal inspection, in which a catheter “exhibited the potential for catheter tip fracture and/or separation,” according to an FDA press release. Cook Medical said they investigated further and found the technique used by the assembler to attach the tip was likely at fault.

Cook Medical said there have been no reports of injury or illness associated with the issue, though potential adverse events could occur due to tip fracture or separation that would require medical interventions to retrieve the fractured or separated tips.

Such an event could result in occluded blood flow to end organs, with complications including stroke, kidney injury or damage to the intestines or limbs, the company said.

The devices were distributed internationally between April 2013 and October 2015.

The recall affects multiple part, product and lot numbers. Included in the recall are Cook’s femoral artery pressure monitoring catheter tray, femoral artery pressure monitoring catheter set, radial artery pressure monitoring catheter tray, radial artery pressure monitoring catheter set, single lumen central venous catheter set, single lumen central venous catheter tray and single lumen pressure monitoring kit.

Cook Medical said customers and distributors should quarantine and discontinue use of all affected units, and return them to the company for credit.

If you’ve been injured or hurt due to any of the catheters, trays, or sets that is on this recall list, please contact the attorneys at Chhabra & Gibbs, P.A., at 601-948-8005 or by going to our website at http://www.cglawms.com . We might be able to help you receive compensation allowed by law for damages or injuries. It doesn’t cost you anything to call and talk to an attorney to see what options you have.

If it legal for the insurance company to do surveillance on me after a work injury?

Yes it is legal as long as done peacefully without harassment.  After an injury, you should always consider the possibility you may be under surveillance.  Be careful not to violate your doctor restrictions, unless you want to see yourself on camera doing something that you and your doctor said you couldn’t do.  After you have been injured on the job, your doctor should tell you what activities are safe to do and what activities will aggravate or worsen your injury.  If your doctor has not told you what your restrictions or limitations are, or your current work status, talk to your doctor today and let your attorney know.  

Do not violate doctor’s orders.  If you do not follow your doctor’s orders and instructions, your injury could get worse, and the insurance company could gather evidence to make it look like you aren’t as hurt as you and your doctor say you are.  We all want our injuries to get better, not worse.  And here at Chhabra & Gibbs, we want you to heal and get better as soon as possible.  So follow your doctor’s instructions, even when you are tempted to perform the activities you could perform before your injury.  If you do not follow your doctor’s instruction and you are violating your restrictions, the Judge may not require your employer to pay for future medical treatment caused by the aggravation of your injury, and your lack of credibility may cost you your rightful disability payments.

Amanda G. Hill

Should you have questions regarding a legal matter and would like to set up a free consultation, please contact me by going to our website http://www.cglawms.com or by calling 601-948-8005 today.

Can I file a discrimination case in Mississippi?

Although Mississippi is an at-will state (meaning an employer can fire you for almost any reason), it is unlawful for your employer to discriminate against you based on your religion, sex, race, national origin or disability.  In addition, your employer cannot retaliate against you for engaging in a protected activity or reporting illegal conduct to the proper authorities.

If you have experienced any of the above, you should immediately contact the Equal Employment Opportunity Commission (EEOC) and file a charge of discrimination against your employer. You only have 180 days from the act of discrimination in order to file the charge of discrimination and you cannot file a lawsuit against your employer until the charge of discrimination is filed and you receive a right to sue letter from the EEOC.

Once you file the charge of discrimination, your employer will be notified of the charge and the EEOC will conduct its investigation. If you have not already hired an attorney, this is the stage where you should contact an attorney for representation. Do not wait until you receive the right to sue letter. You will only have 90 days from the date of the right to sue letter in order to file suit against your employer so the sooner you find an attorney the better, as it can sometimes take a while to find the right attorney to help you and you do not want to risk waiting too long and your deadline to file suit passing.

Teresa E. Harvey

If you have experienced discrimination or retaliation in your employment and you wish to discuss a possible lawsuit, please contact us by going to our website http://www.cglawms.com or by calling 601-948-8005 today.

What should I expect in my final workers’ compensation hearing (I’m nervous and I have never been in Court before)?

Mississippi Workers’ Compensation trials are not like the trials you see on Law and Order.  There is no jury and no audience.  There are usually just a few people in a small room.  Just a judge, you, your attorney, a representative of your Employer, and your Employer’s attorney will attend the hearing.  Sometimes, there may be witnesses there who know something important about the case.  Doctor’s usually give their testimony through their records or a deposition transcript which can be introduced at the hearing.  The atmosphere for the hearing is laid back and not meant to stress the parties involved.

Sometimes, before the hearing gets started, the Judge will take the attorneys into chambers to discuss legal issues in the case and perhaps pry about why the case has not been settled.  Don’t be worried about being left out of the loop.  Your employer does not go to chambers either.  Sometimes, without the parties in the room who have a lot at stake, the lawyers and Judge can be more frank and cut to the chase.  Back door deals aren’t being done behind your back in these meetings.  They are common place in almost every court system and they are very effective in streamlining a trial and in making sure that all attempts to resolve the case have been exhausted. 

Assuming there is no settlement, the Judge will call the hearing to order and permit your attorney to call the first witness.  Very often the first witness will be you.  Your attorney will ask you questions about what happened to you at work, your medical treatment, and how you are doing now.

Then the defense attorney will be allowed to ask you questions.  Be completely honest, but be clear and adamant about what happened to you and how it has impacted your ability to function or earn wages.  Loss of function or loss of ability to work is the threshold question in a final hearing.  Pain and suffering is not something you can be compensated for, but if pain impacts your abilities, then your attorney very well may ask you in depth question about it.

Your attorney will then have another chance to ask you questions if they need to follow up on anything.  After you testify, your attorney can call other witnesses, if necessary.  It is not uncommon to rest after calling the injured worker because they will have already said everything necessary to combine with the medical documentation laying out proof for loss of function or earning ability.  The attorney for the Employer and Carrier will have an opportunity to ask questions to the Employer’s representative or witnesses.  You will be sitting beside your attorney and will be able to pass your attorney notes during the representative’s testimony if you need to.  After the witness answers the questions that his attorney has, your attorney will be able to ask him questions as well. 

The Judge will listen to all of the testimony and begin to think about his or her decision.  You won’t get a decision on the spot like on TV.  Usually it takes judges months to look at all of the evidence and testimony presented and make a decision.  They issue their opinions in writing and outline the basis for their decisions.  After the Judge rules, your attorney should let you know and discuss all of the options with you.

Amanda G. Hill

Should you have questions regarding a legal matter and would like to set up a free consultation, please contact me by going to our website http://www.cglawms.com or by calling 601-948-8005 today.

Can I get Workers’ Compensation benefits for my work-related injury even if I wasn’t actually on the job-site when I was injured?

Yes, so long as you were in the scope of employment.  Scope of employment generally means that you were doing something that would benefit your employer.  In Mississippi there have been cases where even a lunch hour or break would count as being within the scope of employment, depending on the specific circumstances  The law in Mississippi states that as long as the injury “arises out of” and occurs within your “course of employment,” you are entitled to benefits.  For example, if an employee is a traveling salesperson and is injured in the hotel where he or she is staying for business purposes, they will likely be entitled to workers compensation.   Or if the employee is a truck driver and is injured while driving or making a delivery, they will likely be covered.  Also, if you were injured while attending an event that your employer required you to go to, you may be able to receive workers compensation benefits as well.

On the other hand, if an employee is running a personal errand that takes him or her outside the workplace and course & scope of employment, the employee may or may not be covered.   You should always speak to an attorney about whether your injury arises out of and occurred within the course and scope of your employment.  This is a question for a judge to answer, not your employer. 

Amanda G. Hill

Should you have questions regarding a legal matter and would like to set up a free consultation, please contact me by going to our website http://www.cglawms.com or by calling 601-948-8005 today.

My deposition is being taken in my Workers’ Compensation case. What should I expect?

In most workers’ compensation cases where the Petition to Controvert has been filed, the Employer and its Insurance Carrier will ask to take the deposition of the Claimant (the injured worker).  Depositions are simply a question and answer session that take place while sitting around a table in your attorney’s office.  They are usually very relaxed and conversational, but they are under oath, so the truth is paramount.  The attorney for the Employer and Carrier just needs to find out certain information relevant to your case so that they can report back to the insurance adjuster.  It is one thing for your attorney to tell them what happened to you, it’s another thing to hear it in your own words.

The defense attorney will ask you questions about your work injury and the medical treatment that you have received as a result of your injury.  The attorney will usually also ask questions about education, job history, and past medical history.  The attorney is not usually out to get you or trick you; they are just looking to get more information so they can properly evaluate your case for settlement or trial.  However, your attorney should be with you the entire time, to protect your interests and object to any improper question if necessary.  If you do not have an attorney before your deposition is set, you should seriously consider getting one.

The most important rule in a deposition is: Be honest.  These question and answer sessions usually last about an hour or two, but they are normally a big step in your case.  You should be honest about what happened at work.  You should be honest about the pain you were and are in.  And you should be honest about the things you could do before your injury that you cannot do so well now.   Do not exaggerate.  Do not try to hide from things about your case that you think are bad for you.  It is much easier to deal with bad facts than it is to deal with lying under oath.

If you do not know the answer to a question, you can say “I don’t know” or “I don’t remember.”  These are perfectly fine answers. Do not feel like you have to tell the defense lawyer your whole life story.  This is not your “day in court.”   Just answer the questions that the defense lawyer has for you politely and succinctly.

Amanda G. Hill

Should you have questions regarding a legal matter and would like to set up a free consultation, please contact me by going to our website http://www.cglawms.com or by calling 601-948-8005 today.