Second Medical Opinion for Workers’ Compensation: Should I Get One?

If you were injured at work in Summerville, then you know how difficult the situation can be.

Unfortunately, this situation can become even more complicated if your doctor initially misdiagnosed your health condition or made a mistake at your medical examination.

South Carolina does not give those that were injured on the job the absolute right to get a second medical opinion on your work injury. However, especially in cases such as those where someone has a surgical injury, there are many instances where a worker’s compensation insurance company will agree to set up a second opinion. In the case that your employer denies you a second opinion, you should speak with a knowledgeable Summerville, S.C. workers’ compensation attorney as soon as possible. The attorney will immediately begin the process to ensure that your rights are protected and aid you in pursuing all of the South Carolina workers’ compensation benefits you are entitled to, including setting up a second opinion medical examination with an independent doctor.

Here, we explain crucial aspects of the process that goes into seeking a second medical opinion.

Initial Medical Examinations

In all cases other than medical emergencies, you initially are required to get a medical exam from a doctor that your employer or its workers’ compensation insurer has approved.

An employer will usually request that you see a doctor who typically sees the company’s injured workers and who is already included under the company’s workers’ compensation plan. The doctor who performs this initial examination could decide a worker’s course of treatment and disability level. Thus, the doctor who is chosen for your initial examination is very important .

One of the doctor’s main roles is to decide whether or not the employee’s injury was, in fact, caused by their job activities. In order to receive workers’ compensation benefits in South Carolina, your injury must have occurred within the scope and course of your job.

The doctor might also:

• Diagnose your injury or condition
• Determine a treatment plan for you
• Make an assessment as to when your condition allows you to resume work
• Decide what duties you are able to fulfill with your condition
• Give you an impairment rating.

If you are not happy with the doctor that you are assigned for your initial examination and you wish to receive a second opinion, you need to discuss this with your employer or its insurance carrier. If your employer or their insurer denies your request to receive a second physician’s opinion, a knowledgeable South Carolina workers’ compensation attorney can help you navigate this issue.

When Should I Ask For A Second Medical Opinion?

There are two situations in which an injured worker in Summerville may wish to receive a second medical opinion:

During the Initial Examination

During an initial examination, the doctor assigned by the employer or its workers’ compensation insurer will try to diagnose a worker’s condition or injury. In some cases, the worker may not feel comfortable with the physician’s diagnosis or treatment plan, or the injured worker may feel that the physician performed an insufficient examination.

During the Impairment Rating Determination

An employer’s insurer may also require that an injured worker receives an examination to decide whether or not he or she has reached Maximum Medical Improvement (MMI). If the assigned doctor determines that the injured worker is not likely to keep improving their health condition with continued treatment, the doctor may give the worker an impairment rating. An impairment rating is a major factor in determining how much an injured worker will receive in permanent disability payments.

For example, if a doctor’s opinion would support an employee’s claim that he is totally disabled, the injured party may receive benefits payments for up to 500 weeks of an amount that is equal to two-thirds of his or her average weekly wage (or up to the statutory maximum weekly benefit).

So, if you are an injured worker who believes that the insurance company or employer-selected physician did not perform a satisfactory examination or failed to fully address the extent of your permanent impairment, you may need to seek a second opinion.

Obtaining A Second Opinion

If your employer or its insurer agrees to your obtaining a second opinion, anything that the second physician discovers during your second exam must be shared with the insurance company, the original doctor, and your employer. Despite the fact that employer is able to choose your initial doctor, they do not have the right to speak with that doctor about the worker’s case unless they obtain permission from the worker. However, the employer does have the right to ask for medical reports and to send the doctor written questions, as long as the written questions are copied and provided to either the injured worker, or the worker’s lawyer. Injured workers also have the right to be present whenever a case manager speaks with either the doctor or other medical personnel who are involved in their case.

An Experienced Summerville Workers’ Compensation Lawyer Can Help You

If you were hurt on the job and you are not happy with any aspect of the initial examination and/or treatment you were given by the insurance company-selected physician, you should contact a Summerville workers’ compensation lawyer immediately. An experienced lawyer will help you navigate the proper process of obtaining a second medical opinion.

Contact Joye Law Firm today to learn more. At Joye Law Firm, you will find experienced workers’ compensation attorneys who will give you advice about your rights and options in a confidential consultation, free of charge.

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Making Left Turns Safer for Pedestrians

Any collision involving a pedestrian and a motor vehicle can quickly turn tragic for the pedestrian. Left turn accidents are among the most dangerous types of accidents for pedestrians. Drivers making a left turn may not notice a pedestrian in a crosswalk or unmarked intersection until it’s too late. Fortunately, recent traffic engineering innovations and traffic calming designs can help prevent left turn pedestrian accidents.

If you or a family member has been the victim of a left turn pedestrian accident, the personal injury attorneys at Joye Law Firm can help you seek full compensation for your injuries and financial losses. For more than 50 years, the injury lawyers of Joye Law Firm have fought for the rights of accident victims and their families throughout South Carolina.

With four offices across South Carolina, our attorneys at Joye Law Firm are ready to assist you and your family following a left turn pedestrian accident. It’s important to keep in mind that each pedestrian accident case has its own set of facts. Our attorneys regularly secure significant settlements and verdicts for our clients who have suffered serious and life-altering injuries. We have the experience to build your strongest case for compensation.

Contact us today to schedule a free case evaluation to review the details of your left turn accident. We will explain how our South Carolina personal injury lawyers can help you seek a just financial recovery from those responsible for your injuries. Give us a call at 888-324-3100 or fill out the form on our Contact Us page to schedule your consultation.

Left Turn Pedestrian Accidents in SC

Left turn pedestrian accidents in South Carolina have the potential to be among the most violent collisions between vehicles and pedestrians. When a driver makes a left turn through an intersection, the driver typically focuses on oncoming cars and trucks at the intersection. A driver may not focus on the crosswalk as they are approaching to check whether a pedestrian is attempting to cross. As a result, both driver and pedestrian may not recognize an impending collision until it’s too late to avoid.

Although overall fatalities in motor vehicle accidents have been decreasing in the past few decades, pedestrian fatalities in motor vehicle accidents have increased during the past decade. Pedestrian accidents account for as much as 17 percent of all traffic-related fatalities.

A report entitled Dangerous by Design 2019 produced by the National Complete Streets Coalition, ranked South Carolina among the 10 most dangerous states for pedestrian accidents based on the average number of pedestrian fatalities per year and the total number of fatalities from the period 2008 to 2018 analyzed in the study.

Some municipalities across the country have taken steps aimed at eliminating pedestrian fatalities. They have enacted laws to target aggressive driving and made changes to intersection designs to force motorists to slow down and drive more safely around pedestrians.

Traffic engineers have been developing low-cost, easily installed equipment that can reduce the risk of left turn pedestrian accidents or reduce the severity of collisions. These installed features are intended to force drivers to slow down when making left turns and prevent them from cutting across intersections diagonally, which poses more danger for pedestrians.

What Is the Centerline Hardening Technique?

Among the intersection design improvements developed to prevent left turn pedestrian accidents, the centerline hardening technique has proven both highly effective and inexpensive to implement. The centerline hardening technique involves installing bollards, rubber curbs, poles, or other blocking devices between the pedestrian crosswalk and the open intersection.

The centerline hardening devices force drivers making a left turn to reduce their speed and make a wider turn closer to a 90-degree angle, since a higher-speed, direct diagonal turn would cause the vehicle to collide with the bollards. With a slower, 90-degree turn, drivers have more time to notice people on foot crossing the intersection and to slow down in time to prevent a collision with a pedestrian.

Effectiveness of the Centerline Hardening Technique

A recent study by the Insurance Institute for Highway Safety found that the centerline hardening technique reduced the number of left turn pedestrian accidents and near-accidents at intersections where centerline hardening devices had been installed.

Using data from intersections in Washington D.C. where the centerline hardening technique has been implemented, the study said that the new infrastructure resulted in a 70 percent reduction in the number of incidents in which a driver had to brake suddenly or swerve to avoid a pedestrian, or a pedestrian had to move out of the way of a vehicle making a left turn.

The study found that centerline hardening at intersections reduced the average speed of vehicles making left turns by as much as seven percent. The number of drivers making left turns at 15 mph or more dropped by 36 percent. Reduced speeds mean lower risk of a pedestrian suffering serious injuries in the event of a collision.

In those intersections in Washington D.C., where centerline hardening equipment had not been installed, the number of conflicts between vehicles and pedestrians remained unchanged.

Contact a Charleston Left Turn Accident Attorney

If you or a loved one has been injured in a left turn pedestrian accident in South Carolina, you need experienced legal guidance to help you protect your legal rights. Our attorneys can help you explore every avenue to seek compensation to recover from a serious injury.

Contact a South Carolina left turn pedestrian accident attorney at Joye Law Firm today for a free, no-obligation consultation to discuss your legal rights and options and to learn more about how our legal team can help you. Joye Law Firm has offices in Charleston, Columbia, Clinton and Myrtle Beach and represents clients throughout the state. Call us at 888-324-3100 or fill out our contact form to schedule your meeting.

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Better Outcomes Associated with Early Physical Therapy for Injured Workers with Lower Back Pain, New Study Finds

Starting physical therapy sooner than later can significantly improve outcomes and lower costs after workers suffer on-the-job injuries causing low back pain, a study of nearly 26,000 Workers’ Compensation claims suggests.

The study by Workers’ Compensation Research Institute found a strong correlation between the timing of physical therapy and outcomes for injured workers with low back pain. Physical therapy was associated with less use of opioid pain medications, less frequent reliance on invasive procedures and shorter disability.

If you have been injured on the job and your worker’s comp claim is being disputed, call the Joye Law Firm at 888-324-3100. From our offices in North Charleston, Columbia, Clinton and Myrtle Beach, we help injured workers seek the full benefits available by law to rebuild their lives. Our lawyers have earned numerous professional recognitions. The 2021 edition of The Best Lawyers in America® recognized seven of our lawyers at Joye Law Firm for their work representing injured workers in workers’ compensation cases. Our law firm has achieved a prestigious AV rating by Martindale-Hubble, an indication of how our peers view us. Contact us now for a free consultation.

Workers with Injuries Receiving Physical Therapy

The study conducted by the Workers’ Compensation Research Institute, an independent, not-for-profit organization included workers’ compensation claims from South Carolina and 26 other states. The institute’s work informs decision-makers in best practices regarding key facets of Workers’ Compensation.

After controlling for a number of factors, “we conclude that for workers with lower-back pain-only injuries for which physical therapy is indicated, PT within 14 days after injury is likely to be beneficial,” the authors of the study said.

How Early Physical Therapy Helps Injured Workers with Low Back Pain

Low back pain has been documented as a work-related affliction for many decades.

Back injuries are the leading cause of all musculoskeletal insurance claims, which are the most frequent cause of workers’ compensation claims. For this reason, many progressive industries have employed lift teams specially trained in ergonomics and have installed assistive devices to reduce work-related back injuries in the workplace.

One of many treatments for Workers’ Comp back pain injuries has been physical therapy (PT). But approaches have varied about when during the recovery process to begin PT and how frequently to have it.

The Workers’ Compensation Research Institute’s study makes a persuasive case that the earlier PT is begun, the better. This is a game-changer, since historically PT has been a last resort, not the first, according to Lynch Ryan with Workers’ Comp Insider. Opioids and invasive procedures were the preferred treatment.

Other take-aways from the research:

• Starting PT later is associated with longer temporary disability (TD) duration. On average, the number of weeks per temporary disability claim was 58 percent longer for those with PT initiated more than 30 days post-injury and 24 percent longer for those with PT starting 15 to 30 days post-injury, compared with claims with PT within 3 days post-injury.
• Workers whose PT treatment started more than 30 days post-injury were 46 and 47 percent more likely to receive opioid prescriptions and MRI, respectively, compared with those who had PT treatment initiated within 3 days of injury.
• The average payment for all medical services received during the first year of treatment was lower for workers with early PT compared with those with late PT. For example, the average medical cost per claim for workers who had PT more than 30 days post-injury was 24 percent higher than for those who had PT within 3 days post-injury.
• Among claims with PT treatment starting more than 30 days post-injury, the percentage with attorney involvement was considerably higher (27 percent compared with 13–15 percent among those in the early PT groups) and workers received initial medical care much later (on average 18 days compared with 2–3 days in the early PT groups).

Contact a Workers’ Compensation Attorney

If you’ve been dealing with low back pain following an on-the-job injury, the findings in this study should prompt you to discuss with your doctor ordering PT early in the recovery process. If your employer or the employer’s insurance administrator has contested your workers’ comp claim, contact the workers’ comp attorneys at Joye Law Firm.

Our clients say it best. Their testimonials are on this website. Here are a few snippets:

• “I was very impressed with how thoroughly my case was handled. I was updated frequently on how my case was progressing and I could not be any happier with the final outcome.”
• “My lawyer and his staff were very professional and I truly appreciate their knowledge and assistance in making this process a smooth one. My family and I definitely would recommend this firm to our friends and colleagues.”

Results tell the story. We’ve brought numerous Workers’ Comp cases to a successful completion, including a $6 million verdict for a man injured in a work truck accident at a construction site. Joye Law Firm is proud of these results, though we want to be clear: You should not and cannot rely on past results to create any expectation about what can be recovered in a subsequent case. Each case is different and stands on its own. What our results do show is our extensive experience handling workers’ compensation cases for injured workers. Call 888-324-3100 to schedule a free consultation and evaluation of your case.

Beyond the law office and the courtroom, you’ll see Joye attorneys actively involved in the community. We fund annual scholarships for rising college students, support animal shelters and sponsor health initiatives among other worthwhile organizations. In honor of the 50^th anniversary of the founding of Joye Law Firm, we honored a different charity each month in 2019.

For us, our community is just as important as our clients. After all, we are not only lawyers; we are citizens, too.

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What Is a Secondary Car Accident?

A secondary car accident is any crash that happens as a result of another “primary” car accident. According to the Federal Highway Administration (FHWA), one in every five car crashes is a secondary crash.

However, drivers should never make the mistake of assuming “secondary” accidents are any less dangerous or destructive than primary accidents. A pile-up is a particularly dangerous example of a secondary accident.

What causes secondary car accidents?

Secondary accidents can happen easily and in a number of ways. The most common type of secondary accident is a rear-end collision. For example, Driver A stops suddenly and unexpectedly and is struck by Driver B, and Driver B is then hit by Driver C.

Secondary accidents can also be caused by:

• Rollover accidents
• Sideswipe accidents
• Drivers swerving to avoid highway debris, spilled cargo, or animals in the road
• Stalled or disabled vehicles
• Tailgating
• Rubbernecking (slowing down to look at traffic accidents)

Where do secondary accidents occur?

Secondary accidents can happen anywhere a primary car accident can, but they are most common in urban areas or on highways with at least four lanes, as a small accident in heavy traffic can result in many other accidents if surrounding drivers aren’t able to react in time.

Who is liable in a secondary car accident?

Because secondary accidents usually involve three or more vehicles, it can be difficult to assign liability. This is especially true in South Carolina, where more than one driver could be considered at fault.

Returning to our rear-end collision example, Driver A could be considered partially at fault for stopping without warning, but Driver B and Driver C could also be considered partially at fault for following too closely.

If you were involved in a multi-vehicle crash, your best option is to hire an experienced auto accident lawyer who can help compile evidence to prove the other drivers’ actions contributed more to the accident overall.

How to avoid secondary accidents

The best way to avoid secondary accidents is to always stay alert on the road and be prepared to react quickly to any hazards you might encounter.

• Always leave plenty of space between yourself and the vehicle in front of you.
• Avoid excessive speeding, as it can make it harder to react in time to unexpected traffic situations.
• Drive in a manner appropriate to the road and weather conditions, such as by driving slower when it’s raining.
• Always use your turn signal before changing lanes and make sure your headlights and brake lights are working.
• Proceed cautiously when you see signs of an accident, such as flashing lights, ahead of you.
• Don’t rubberneck—keep your eyes and attention focused on the road ahead.

After a Secondary Car Accident, Call Joye Law Firm

After a car crash in South Carolina, you will likely have a lot of bills to pay – including both vehicle repair bills and medical bills. When your crash was someone else’s fault, you shouldn’t have to pay those expenses out of pocket.

The experienced South Carolina auto accident attorneys at Joye Law Firm know how to analyze your crash and compile evidence that shows you were not at fault for your accident. Then, we’ll demand you get fair compensation from the at-fault driver and their insurance provider. Contact us today for a free case review.

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The Dangers of South Carolina Rural Roads

According to the South Carolina Department of Transportation (SCDOT), South Carolina has the worst rural roads in the nation.

South Carolina has more traffic fatalities than any other state, and 60% of those fatal crashes occur on rural roads. In fact, 30% of all of South Carolina’s fatal and injury-causing crashes occur on just 5% of our state’s roads. Between 2012-2016 (the most recent years for which data is available), there were 6,812 crashes on rural roads that resulted in serious injuries or deaths.

The deadliest road is a 10-mile stretch of U.S. 29 between I-85 and Snow Road running from Greenville to Anderson, but all rural roads can be deceptively dangerous, even compared to congested highways and interstates.

Why Are Rural Roads More Dangerous?

Given their higher speed limits, lack of safety features, and slower emergency response times, rural roads are a powder keg for turning what might otherwise be less harmful crashes into deadly ones.

Rural roads are more likely to feature narrow lanes with limited or no shoulders, sharp curves, steep slopes or drop-offs, and exposed hazards. All these make it easy for drivers to lose control and leave the road in accidents, which occurs in nearly 50% of all fatal accidents, according to the SCDOT.

According to South Carolina Highway Patrol spokesperson Cpl. Sonny Collins, “Mistakes [on rural roads] can have larger consequences because your room for error is a lot less. When you look at rural roads, the speed limit is 55, but you have lots of driveways, farm equipment on the roads, and a lot of different vehicles going a lot of different speeds versus U.S. 501, S.C. 31 or S.C. 22 where you have big sight lines and everyone’s moving the same speed.”

One key reason why South Carolina’s rural roads in particular are so deadly is because they are simply in poor shape. 38% of South Carolina’s rural roads are rated to be in poor or mediocre condition.

How South Carolina Plans to Make Rural Roads Safer

The SCDOT is currently three years into a 10-year Rural Roads Safety Program targeting 1,900 miles of the deadliest rural roads in the state for improvements. So far, work is underway or completed on approximately 400 miles of rural roads.

Improvement plans include:

• Re-paving
• Trimming back vegetation
• Adding guardrails and cable barriers
• Adding rumble strips
• Widening shoulders
• Increasing reflectiveness of striping and speed limit signs

For a full list of roadways included in the Rural Roads Safety Program, click here.

What You Can Do to Decrease Your Risk on Rural Roads

While poor road conditions are a major factor in the deadliness of rural roads, driver negligence is another factor that can’t be ignored.

The majority of fatal and injury-causing crashes in South Carolina fall into one of four categories: distracted driving, speeding, driving under the influence, and failure to yield right-of-way.

Nearly one-third of all fatal crashes in South Carolina in 2017 involved an impaired driver, according to the National Highway Traffic Safety Administration, and nearly half involved speeding. A further 17% of people killed on South Carolina roads in 2017 weren’t driving a motor vehicle.

What this tells us is that the best way to protect yourself, and others, when traveling on South Carolina roads is respecting and obeying traffic laws.

Since 45% of fatal and injury causing crashes were also found to have occurred at night, you can also reduce your risks of an accident by showing extra caution when travel conditions aren’t ideal, whether that means low light, bad weather, or poorly maintained roads.

If You or Someone You Love Has Been Injured or Killed in a Crash, Call Joye Law Firm

We know how devastating an auto accident can be, especially on rural roads when emergency response times are usually delayed. But when your crash was the fault of someone else’s negligence, it’s even worse.

We want to help you get the compensation you are owed for your medical expenses, as well as the pain and suffering you endured. Contact our South Carolina car accident attorneys today to get started on building a case to the insurance company for the full amount you are owed.

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What Is the Difference Between a Tort and a Personal Injury Lawsuit?

If you’ve been injured by a negligent person, defective product, dangerous drug, or unsafe property conditions, then you are likely entitled to compensation from the at-fault party for the harm you suffered. But in the process of trying to find out how to get compensation, you may have heard a lot of legalese tossed around, including “tort” and “personal injury lawsuit.”

Our blog answers what you need to know about both torts and personal injury lawsuits, how they differ, and which can get you the money you need to get your life back together after an accident.

Torts vs. Personal Injuries

All personal injury lawsuits are torts, but not all torts are personal injury lawsuits. Torts are any harm committed against someone that can be tried in a civil court, while personal injuries are only physical harm.

For example, while accident victims can sue for pain and suffering damages in a personal injury lawsuit, this only applies if the pain and suffering is caused by a physical injury. Purely emotional suffering is legally distinct.

What Are the Differences Between Types of Torts?

There are three main types of torts.

Intentional torts involve harm that is intentionally caused, and include (but are not limited to):

• Trespassing
• Assault and battery
• Intentional infliction of emotional distress

Negligent torts involve harm caused by negligent, reckless, or careless behavior, and include (but are not limited to):

• Car accidents
• Slips and falls
• Medical malpractice

Personal injury claims are negligent torts.

Strict liability torts involve cases in which the at-fault party can be assigned liability even if they took all due precautions to prevent injury, and include:

• Abnormally dangerous activities (such as blasting dynamite)
• Animal attacks
• Manufacturing defects

This is the least common type of tort.

What Is a Mass Tort?

At Joye Law Firm, when we talk about torts, we typically are referring to mass torts surrounding exceptionally dangerous products or drugs that have injured thousands of people. For example, medical implants that fail and require revision surgery, or prescription and over-the-counter drugs that significantly increase the users’ risk of cancer.

When you join a mass tort, evidence from other members of the tort can be used to support your claim, but unlike in a class action lawsuit – where one member stands in for the group as a whole – your case is still tried individually.

After an Injury, Contact Our Experienced Tort Lawyers

When you’re injured and unable to work, and thus unable to pay your medical bills, because of someone else’s negligence, it’s a horrible, stressful experience. At Joye Law Firm, we want to take as much of the fear and stress off your shoulders as we can, and make sure you wrap up your treatment with a check that covers all the bills your injury racked up, as well as compensation for the emotional distress you went through.

Don’t put off getting the help you need; contact our firm today to discuss your claim.

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What is the Process for a Product Recall?

At Joye Law Firm, we’ve spoken and worked with many South Carolinians who have been injured by defective products or severely harmed by prescription and over-the-counter medications. Many of these defective drugs and products are dangerous enough to have been recalled.

While you can still seek compensation for an injury or illness caused by a defective product or drug that hasn’t been recalled, a recall order can act as an effective and persuasive piece of evidence in your case.

What Is a Recall?

Recalls are issued when a consumer product is discovered to be defective and has the potential to cause illness or injury in a way that is not a result of an intentional aspect of the design. For example, a kitchen knife can cause injury, but isn’t considered defective since it is designed to cut. When defective products are recalled, they are removed from store shelves and consumers are urged to return them for refunds or get them repaired or replaced for free.

Commonly recalled products include food, medication, cosmetics, toys, and vehicles.

How Do Recalls Happen?

When safety hazards become known, usually through complaints from consumers or reports by watchdog groups, an investigation is launched to determine if the product is defective and needs to be recalled.

Sometimes manufacturers recall their products voluntarily. If manufacturers fail to report a safety hazard within 24 hours of becoming aware of it, even if they don’t believe a recall is necessary, they could be hit with enormous fines, often millions of dollars.

Other times, recalls are requested or ordered by government agencies such as the Consumer Product Safety Commission (CPSC), Food and Drug Administration (FDA), or National Highway Traffic Safety Administration (NHTSA).

How to Report a Defective Product or Drug

There are several resources consumers can use to submit a complaint or report a safety hazard, depending on what the product is.

Reporting a defective product: Visit www.saferproducts.gov and fill out the form.

Reporting a problem with an animal-based food product (meat, poultry, eggs): Call the USDA hotline at 1-888-674-6854 or file the complaint online.

Reporting a problem with a non-animal-based food product: Call the FDA hotline at 1-866-300-4374.

Reporting a vehicle safety complaint:  Visit www.nhtsa.gov and fill out the form.

What Happens When a Recall is Issued?

1. Production of the product is halted, and the affected inventory is identified and isolated.
2. The distribution chain is informed so that any shipments containing the affected inventory can be seized, and any product already on shelves can be removed before being sold.
3. The recall is publicly announced. Every effort to reach anyone and everyone who may have purchased the defective product should be made, including announcements in the paper and on television, posters placed in retail locations, and mailers sent to consumers.
4. Consumers will either be required to bring in the defective product for repairs at no cost or will be asked to throw out the defective product, in which case they will receive instructions on how to receive a full refund or replacement.
5. The defective product is redesigned to eliminate the safety hazard, if possible, and the model number is changed to distinguish the redesigned product from the defective product.
6. The manufacturer adjusts their quality control measures to be more effective in the future.

Have You Been Injured by a Defective Product?

Our product injury attorneys know how shocking and painful it is to be injured by a product or medication you thought was safe. When this happens, we want to help you hold the negligent manufacturer responsible and get the compensation you need to recover.

You can check to see if the product that injured you has been recalled at www.recalls.gov. But whether a recall is currently in effect or not, we want to hear from you. Contact our firm today for a free case review.

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Commander Nursing Center Cited After Two Residents Experience Significant Weight Loss

Commander Nursing Center in Florence, South Carolina was cited after the facility “failed to notify the physician and/or personal representative of significant weight loss” for two residents. The lack of notification resulted in each resident continuing to lose weight in an unhealthy manner over several months.

The first resident in this citation weighed 170 pounds. Over the course of 6 months, the resident’s weight dropped to 134 pounds, a 21% change in weight. According to the care plan, the resident was to receive AWC Prostat during meals. AWC Prostat is a liquid protein supplement used for medical care. Review of the Medication Administration Records (MAR) revealed the resident refused to take the AWC Prostat for 27 days. The investigator of the citation could not find evidence that the physician and responsible party were notified of the significant weight loss, or that the resident refused to take the AWC Prostat for nearly a month.

The investigator interviewed a Licensed Practical Nurse (LPN) who helped care for the first resident. The LPN confirmed there was no documentation regarding the weight loss. The LPN went on to say, “I told the physician and he (she) is aware but I did not document that anywhere in the medical record.” The Dietary Consultant also stated that they were not aware of the resident’s weight loss and refusal of AWC Prostat.

The second resident in this citation started at a weight of 200 pounds. Over the course of a month, the resident lost 15 pounds and continued to lose weight. After six months, they weighed 174 and had again experienced coffee ground emesis according to the physician’s notes. Coffee ground emesis is a type of vomit that looks like coffee grounds because there is old blood in the vomit. There was no evidence that the resident’s family was notified of the weight loss or repeated coffee ground emesis.

The facility has two policies in place in regards to a significant change in status and weight loss. The policy titled “Notification of Changes” states the following:

The facility must inform the resident, consult with the resident’s physician and/or notify the resident’s family member or legal representative when there is a change requiring such notification. Circumstances requiring notification include: Significant change in the resident’s physical, mental or psychosocial condition such as deterioration in health status. This may include life-threatening conditions or clinical complications.

Each resident’s weight loss in this citation was a significant change in status. Both lost a lot of weight over a short period of time, and their families and physicians were never notified. In regard to weight loss, the facility has the following policy in place:

Based on the resident’s comprehensive assessment, the facility will ensure that all residents maintain acceptable parameters of nutritional status, such as usual body weight or desirable body weight range and electrolyte balance, unless the resident’s clinical condition demonstrates that this is not possible or resident preferences indicate otherwise.

The residents in this citation did not maintain “acceptable parameters of nutritional status,” evidenced by their quick decline in health over time. The facility should have continued monitoring and weighing these residents and revising their care plans as necessary to keep the residents in good health.

In response to the citation, the facility began a weight monitoring program. An LPN was appointed as a Team Leader, and two Certified Nursing Assistants (CNAs) were put in charge of weighing all residents in the facility “as deemed necessary.” The Director of Nursing (DON) was tasked with closely monitoring the program and evaluating it weekly.

Don’t wait. Get help for nursing home abuse today.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

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Commander Nursing Center Fails to Provide Appropriate Care for Pressure Ulcers

Commander Nursing Center was cited after “the facility failed to identify and failed to follow physician orders for pressure ulcer [care].” The facility failed two different residents by:

– Not identifying one resident’s pressure ulcer until it was a Stage 3;
– Not following physician’s orders to treat another resident’s wounds.

In the first incident, medical records document that the resident had no skin concerns listed for weeks. However, the next documentation showed that the resident had a stage 3 bed sore to their lower hip bone area that had never been previously documented. A Stage 3 Classification is serious and does not develop out of no where. A Stage 3 Pressure sore is a wound that extends through the second layer of skin into the fatty tissue beneath. Bone, tendon and muscles are not visible yet, but if not cared for correctly will become visible as the wound transitions into a Stage 4.

Stages of pressure ulcers/bed sores are classified by stages 1, 2, 3, and 4. The area where the bed sore appeared should have been noted in earlier stages before and cared for before reaching Stage 3 classification. Since it was not, it appears that the facility was not checking the resident for skin conditions until this Stage 3 ulcer formed. During an interview with a Registered Nurse (RN), it was confirmed that the wound should have been identified much earlier. The RN has no explanation as to why the wound was not identified until it was considered a Stage 3.

In the second incident, the facility failed to follow physician treatment orders and facility policy concerning a resident’s bed sore. The physician treatment orders were “to apply skin prep to left heel twice daily and off load heels with [heel pressure relief] boots as tolerated.” Off loading boots are specialized boots that prevent the resident’s body weight from inflicting shear force to the bottom of the foot so wounds heal faster. The facility policy titled “Pressure Ulcer Prevention Guidelines” revealed under the section “Preventative Skin Care,” staff should inspect the resident’s skin while providing care, paying close attention to bony prominence.

The facility investigation revealed multiple staff members did not follow these care/policy orders.
After not providing treatment as ordered, a Licensed Practical Nurse (LPN) said “they were not a wound care nurse and had replaced the dressing with what they had removed from the resident’s left heel.” They admitted they should have reviewed the physician orders before providing treatment.

A second LPN also did not follow care orders because there were no green boots available. This LPN applied skin prep to the wound area but instead of offloading heels with the [heel pressure relief] boots, they applied an Allevyn dressing to protect the area. The LPN stated skin prep was applied to the area but since there was no green boots, they applied an Allevyn dressing to protect the area instead. “They further stated they had meant to go back and chart the findings and write a new order until the boots were available but had become distracted by aiding other residents.”

Pressure ulcers are very painful and can become very serious wounds if not monitored and cared for correctly. Signs of a pressure ulcer should be recorded well before a wound reaches Stage 3 classification. In the case of this facility, failing to do so indicates neglect. In the same way, it is imperative staff follow care orders set in place by physicians so pressure sores don’t progress or become infected.

Commander Nursing Center has been cited previously and discussed in a number of our earlier legal blog posts. The facility has been cited for the abuse of a resident in relation to toileting needs, for multiple cases of mishandling instances of abuse, and has been noted as a Special Focus Facility in South Carolina.

Don’t wait. Get help for nursing home abuse today.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

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Facility Cited After Resident Loses Unhealthy Amount of Weight

Pruitthealth in Dillon, South Carolina has been cited after state investigators found that the facility greatly neglected a resident by failing to do the following:

– Develop a complete care plan within 7 days of comprehensive assessment;
– Have a team of health professionals prepare, review, and revise the care plan;
– Provide enough food and fluids to maintain a resident’s health;
– Obtain a doctor’s order to admit a resident and ensure the resident is under a doctor’s care.

The resident was admitted to the facility weighing 96.4 pounds. Within a six month period, the resident had lost 15.2 pounds and weighed 81.2 pounds. The resident’s care plan did not address her weight loss until she had already lost 8.4 pounds when the Registered Dietitian recommended a Nutritional Treat.

According to the patient’s care plan, a goal was for the resident to “eat to satiety and exhibit no further unexpected significant weight loss (or gain) in 3 months.” To support this goal, the Registered Dietitian was to “evaluate the adequacy of current diet per the protocol and make recommendations accordingly as needed/indicated,” and “encourage nutritional and fluid intake and provide supplements as ordered and indicated.”

Other interventions outlined in the care plan included:

– Offering fluids;
– Encouraging resident to drink all fluids provided;
– Monitoring the resident’s weight;
– Reporting any unexpected or significant changes in weight or nutritional concerns;
– Monitoring the resident for any meal refusals or other behavioral issues that could affect the resident’s nutritional status.

The care plan did not, however, layout “measurable concrete interventions…to reduce weight loss or to prevent further weight loss.” Furthermore, the Care Plan Conference Sheet showed that Dietary Staff did not have any input for this resident’s care plan.

According to the resident’s Nutritional Progress Notes, the resident was experiencing severe weight loss and was only eating about 25-50% of most meals. She already received Ensure four times per day. A nutritional treat was recommended twice daily with meals, but no other interventions were recommended by the Registered Dietitian.

The surveyor tried to contact the Registered Dietitian to inquire about this mishandled situation but was unable to reach them.

While the facility did eventually implement a nutritional intervention to help combat the resident’s excessive weight loss, it was not done soon enough. The resident had been losing weight for months before this intervention was enacted.

Though the facility did create a care plan for the resident, it did not include “measurable, concrete interventions to reduce weight loss,” and therefore was not a fully complete plan. Furthermore, a Dietary Staff did not contribute to the resident’s care plan, nor was the plan closely reviewed or revised.

The nutritional treat intervention was not implemented until the resident had already lost a considerable amount of weight over the course of a six month period. The resident’s weight should have been closely monitored, and their physician should have been notified of any significant changes in weight. Though the resident was only consuming 25-50% of her meals, it was never reported even though this could affect the resident’s nutritional status.

When the physician was made aware of the resident’s weight loss, they told the surveyor they “did not think the family wanted a feeding tube or hospice.” After the surveyor mentioned the Ensure in the resident’s care plan, the physician said they “would discuss a feeding tube with the family.” However, if this investigation was never conducted, it’s likely that a feeding tube would never be discussed and the patient would continue to lose weight in an unhealthy way.

Don’t wait. Get help for nursing home abuse today.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

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What Not to Wear to Your Court Appearance

Many personal injury claims can be negotiated out of court for a proper settlement when you have an attorney on your side. The insurance company might not want to drag things out any more than you do, and hiring a lawyer will often get them to stop playing games and comply.

Unfortunately, insurance companies don’t always cooperate, and you may need to go to court to try to recover all your damages after an accident.

One of the easiest and best things you can do to help your case is dress appropriately. Your appearance can sway the judge or jury against you if you are not careful!

It’s important to note that dressing appropriately for court may mean a big change from what you are used to wearing day to day, especially in the hot summer months. Your lawyer should be able to give you tips on how to dress before appearing in court, but these standards can give you a better idea of what not to wear when testifying.

What to Avoid Wearing to Court

The biggest sin you can commit when appearing before a judge is dressing “disrespectfully,” and what a judge may consider disrespectful may not be what you consider disrespectful. The judge wants to know that you are taking the legal process seriously. Dressing casually could give the impression you were not seriously impacted by your injury.

Don’t wear:

• “Comfort” clothes, such as pajamas or yoga pants
• Sports gear, such as baseball caps or jerseys
• T-shirts, especially those with offensive slogans or imagery
• Jeans, especially those with rips or tears
• Shorts
• Clothing with stains
• Flip-flops

It is also important to avoid any clothing that could appear immodest.

Don’t wear:

• Clothes that reveal your underwear, such as baggy pants or tank tops
• Short skirts or clothing with deep necklines
• Clothing that is too tight
• Excessively high heels
• Excessive amounts of jewelry, piercings, or visible tattoos

The color of your clothing can also impact how you are perceived.

• Black clothes are associated with authority, which could make you appear arrogant or less sympathetic.
• Light clothes are often viewed as being too informal.
• Bright or boldly patterned clothes are distracting and draw attention away from your injury claim.

Finally, there is no need to overdress. You should appear authentic, so there is no reason to pull out a tuxedo or the dress you wore to your cousin’s wedding.  Avoid clothing that looks too expensive.

If you do show up to court wearing clothing that is deemed “inappropriate,” you may be sent home to change. Some courthouses enforce a dress code, and those who break it will not be allowed to enter the courtroom. Ask your lawyer whether your courthouse enforces a dress code.

What to Wear Instead

The best guideline when dressing for a court appearance is to dress as you would for church or a job interview.

Men should wear a collared shirt, with or without a tie, tucked into dress pants with a belt, and dress shoes. If they do not own dress shoes, clean dark-colored tennis shoes may be substituted.

Women should wear a blouse or light sweater with a modest neckline paired with slacks or a knee length skirt, and either flats or closed-toe shoes with less than a 2-inch heel.

For both men and women, the best colors to wear are dark, neutral colors such as navy or gray. Men should be clean-shaven or have neatly trimmed facial hair, and both men and women should consider removing any facial piercings.

Don’t Represent Yourself in an Injury Claim; Call the Experienced Attorneys at Joye Law Firm

Insurance companies are notorious for denying valid claims or offering severely insufficient settlements after accidents that cause injuries.

While you should never accept an offer without first determining how much you will need to cover your expenses after an accident, it is also important to contact an experienced personal injury attorney to help you determine how much you are owed.

The expenses associated with accidents can continue to add up for years after the injury occurred. An experienced injury attorney can not only help you determine how much you will need for ongoing medical expenses, lost wages, and reduced income (in the case of disability), they can also calculate how much you may be owed for the pain and suffering you endured as a result of your injury.

At Joye Law Firm, our injury hotline is available to take queries 24/7, and we offer free consultations to injury victims. Contact us today to learn what we can do for you.

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Study Finds Many Truck Drivers Would Be Jobless with Enhanced Drug Testing

A new study says 300,000 truck drivers in the U.S. would be taken off of the road if their hair follicles were tested for drug use instead of their urine.

The FMCSA, which regulates the U.S. trucking industry, requires frequent driver drug tests, which consist of urinalysis. Many trucking companies use hair drug screens, a more stringent test.

The study found that existing urine testing is not as reliable as it should be and “is often invalid,” a report in CDL Life says.

The study was conducted by Dr. M. Douglas Voss, professor of Logistics and Supply Chain Management at the University of Central Arkansas; and Dr. Joseph D. Cangelosi, Jr., a Professor of Marketing at the University of Central Arkansas, whose research focuses on statistical analysis. Their research was requested and financially supported by the Alliance for Driver Safety and Security, aka the Trucking Alliance, which lobbies for stricter trucking industry regulations.

More than 3.5 million people work as truck drivers in America, according to the U.S. Census Bureau. The study, therefore, implicates about 8.5% of truckers on the road in South Carolina and across the country on a given day.

About the Research and the Results of the Study

The University of Central Arkansas (UCA) study cites several other studies that highlight the possibility that current federally accepted urinalysis is insufficient to identify drivers who may abuse substances that degrade their driving performance.

For example, it says, urine tests generally can detect drug use from as much as 2-3 days prior to the test. “This means truck drivers could refrain from drug use for 3 days, pass a scheduled pre-employment urine test, then begin driving and using drugs again,” the authors write.

The authors cite unannounced urine drug screens of commercial truck drivers during roadside and port of entry inspections by Oregon enforcement agencies in 1998. The unannounced nature of these tests negated drivers’ ability to prepare for the test. They found that 21% of the samples tested positive for one or more substances, including stimulants, cannabinoids, and alcohol.

This shows “the possibility that current federally accepted urinalysis is insufficient to deter and catch drivers who may abuse substances that degrade their driving performance.” It says many carriers, including Schneider, Knight-Swift Transportation, J.B. Hunt Transport, Werner Enterprises, and Maverick USA, use more stringent hair drug tests to help ensure driver sobriety.

When the Trucking Alliance compared pass/fail rates for urine and hair drug screens using 151,662 paired pre-employment urine and hair drug test results from 15 different trucking companies, their results indicated that 949 (0.6%) applicants failed the urine test while 12,824 (8.5%) failed or refused the hair test.

“The Trucking Alliance extrapolated their results over a population of 3.5 million U.S. truck drivers and claimed that, if their results were generalized across the U.S. driver population, almost 300,000 current commercial truck drivers would not be on the road if forced to pass a hair test, the researchers write.

The UCA researchers demonstrated that the Trucking Alliance data could be generalized to the broader U.S. driver population.

In 2015, President Barack Obama signed a law requiring the DOT and other federal agencies to put together comprehensive hair testing guidelines by December 2016. But the guidelines are still awaiting federal approval, a process that could take another three years, according to industry experts cited by Freight Waves in June 2019.

Current Processes & Procedures for Drug Testing Truck Drivers

Federal Motor Carrier Safety Administration (FMCSA) rules require licensed commercial truck drivers to undergo pre-employment, random, and post-accident alcohol and drug testing. CMV drivers are subject to random testing even when at home in an off-duty status.

Once an employer has notified a driver of required random testing, the driver must report to a testing location for a random drug or alcohol test. Supervisors also may compel drivers to submit to testing if they exhibit signs of drug or alcohol abuse. Reasonable suspicion is based on observations of appearance, behavior, speech, or body odors of a driver.

The Department of Transportation (DOT), which oversees FMCSA, requires a five-panel test for controlled substances, including amphetamines and methamphetamines (including MDA, MDEA, and MDMA), cocaine, marijuana, opiates (opium and codeine derivatives), and phencyclidine (PCP).

A DOT publication for employers states that “DOT drug tests are conducted only using urine specimens.”

Trucking companies typically contract diagnostic laboratories to conduct urinalysis and medical professionals to review test results.

According to EHS Daily Advisor, a publication of BLR, a commercial compliance consultancy:

“Collectors at laboratories must comply with DOT procedures, including the completion of Chain of Custody Forms (CCFs). A collector verifies a driver’s identification and has the driver empty his or her pockets. The collector must confirm the driver has nothing that could dilute or adulterate a urine sample.

Employers also must have a designated employer representative, who receives analyses from the medical testing organization and is authorized to remove drivers from duty in the event of a positive test or refusal to submit to testing.

How a Charleston Truck Accident Lawyer Can Help in a Truck Accident

If you have been injured in a truck accident, a truck accident attorney can investigate the cause of your accident to determine who may be held responsible for the crash. This would include obtaining results of drug tests the truck driver had taken, as well as a variety of other evidence available after a serious truck crash.

At Joye Law Firm, our truck accident lawyers can determine what happened in a truck accident in South Carolina and what options are available to you to seek monetary compensation. Call Joye Law Firm now at 888-324-3100 for a free consultation about your case to learn more.

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Workers’ Comp Mistake: Not Following Work Restrictions

Injured workers navigating the South Carolina workers’ compensation system may find themselves ready to return to work under physical restrictions provided by their workers’ comp doctor.  If you’re in this situation, you must follow these restrictions until you have recovered enough to return to your normal job. Your work restrictions will specify exactly what tasks you can and cannot do at work due to limitations caused by your injury.

Your employer will either accommodate the physician’s work restrictions and bring you back to work on a “light duty” basis, or they’ll have to continue providing you with a weekly disability benefit check to cover what you would’ve earned had you continued working.

If your work restrictions can be accommodated at the job, it’s important that you make every effort to perform to the best of your abilities. It may not be easy to go back to work or to follow the work restrictions, but you have to show them you’re trying.  If you refuse to try the light duty position, this can be used to cut off your weekly disability benefits.

Pushing through this difficult period could mean the difference in making or breaking your workers’ compensation claim.

It is Very Important to Try to Go Back to Work

Going back to work might be painful. Despite the circumstances, it is very important to go back to work and at least try to follow your doctor’s light duty work restrictions, even if it is very difficult or painful.

Your employer will be expecting your return.  If you simply call out or don’t show up for work, you’re showing them you are not taking the process seriously.  This can be a recipe for disaster.

Not only will you likely not get a weekly benefit check, you might actually lose your job in the process.

If you give it your best shot but the pain is just too great, make another appointment to see the doctor as soon as possible. It is important be specific and to tell the doctor exactly which work tasks are causing the debilitating pain. You may need additional care or an adjustment in your work restrictions. In some instances, the doctor may decide to take you completely out of work again.

Throughout the entire process, keep an open line of communication between your employer and you. Be sure to tell your employer about the amount of pain you are in and which job activities are difficult. Also, keep your employer in the loop on all of your medical appointments and updates.

In most cases, injured workers are able to work out a plan with their doctors and employers to return to work if the employer has light duty work available.  For many employers, and especially smaller employers, this simply isn’t tenable.

Contact an Experienced South Carolina Workers’ Comp Attorney

Every workers’ compensation case is different. If you don’t feel like your injuries are being taken seriously or feel your work restrictions are unreasonable, you may benefit from speaking with a qualified workers’ compensation attorney.  A lawyer who understands South Carolina workers’ compensation law can help you navigate this complex process and help you best protect your future. Don’t hesitate to schedule your free consultation with Joye Law Firm. Call us now.

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