South Carolina Lawyer Blog

The bad economic environment has prompted South Carolina's legislature to seek cuts from public programs. Eighteen hospitals will receive an 8% cut in their state funding. The hospitals have been recognized by the federal government for their treatment of the uninsured.

The cuts come at a time when the federal government is trying to reduce medical errors by investing in prevention. Health and Human Services (HHS) has pledged $1 billion to fund an initiative called Partnership for Patients.The program aims to reduce preventable injuries in hospitals by 40% and hospital readmission by 20 percent.The Centers for Medicare and Medicaid will also pledge up to $500 million to develop best practices and patient safety protocols.

HHS Secretary Kathleen Sebelius stated, “Reaching those targets would save up to $35 billion over the next 10 years. That's a return of up to $10 for each dollar we're investing.”

Because prevention of avoidable medical errors requires time, research and money, South Carolina's hospitals face a greater challenge in improving their error rates. Do the cuts mean that already overwhelmed staff will not be able to address safety issues that could potentially save their hospitals and the state millions of dollars? Medical errors often mean longer hospitalizations and poorer health outcomes. In what ways, both small and large, will patients suffer?

Carolinas Hospital's CEO Jim O'Loughlin issued a statement ensuring the public that the hospital is still dedicated to excellent service despite the cuts.

O'Loughlin also stated, "While we fully understand the budget constraints, we have always believed (as have other hospitals) that there are a myriad of more effective ways to reduce expenditures without reducing programs where there is a federal match of dollars for the care hospitals provide to patients covered by Medicaid."

Contact The Louthian Law Firm

If you or someone you care about has been injured by the carelessness of a medical professional, you should speak with an experienced South Carolina medical malpractice attorney like the ones at the Louthian Law Firm as soon as possible. Our attorneys can help you evaluate your case; protect your legal right to the courts; and stand by your side throughout the legal process.

For a free consultation, call the Columbia SC Medical Malpractice Lawyers at Louthian Law Firm today. Toll free: (866) 454-1200. Locally: (803) 454-1200. You can also fill out our confidential online case evaluation form.

Ridgeland Mayor Gary Hodges was ousted from office, a year after he publicly supported the installation of speeding cameras on I-95. The policy drew the ire of the state which promptly banned the cameras. South Carolina has a long history of resisting new traffic safety initiatives under the banner of "motorist rights." The state was one of the last to implement drunk driving laws.

Hodges was mayor for four years. He led the implementation of cameras on 1-95 to catch, as he said, mostly out of town speeders. The cameras were the only ones in effect outside of construction zones along the east coast. The cameras were activated once a car approached speeds of 81 miles per hour. It then took photos of the front and rear of the car in order to send the owner a speeding ticket via mail. Though the National Highway Traffic Safety Administration and high-profile safety advocates applauded Hodges' efforts, the state legislature and the general public grew angry with him.

Last December, Hodges told WISTV 10, "This is all about changing driver behavior through our section of responsibility. It's working so we're not trying to put anyone in jail or do anything like that. We're just trying to get your attention and apparently, what we're doing is working cause they are certainly slowing down, the accidents are less, the fatalities are zero, what else can we do to show the thing is working."

Before Ridgeland was forced to take the cameras down, officials saw a significant decrease in the number of speeders. They also increased the number of tickets. This led to criticism that the cameras were a money-making measure and not designed for public safety.

Tom Crosby, a AAA Carolinas spokesperson who has previously criticized South Carolina's traffic safety for laxity, said, "You can't argue with the results [of speed cameras] and the only reason you would be upset is because you are speeding. All it's doing is enforcing the law and even then you have to be doing over 80 to get a ticket."

Hodges, at the time, believed the public and the state would eventually buy into the cameras. He did not discuss other states that have started and stopped camera programs after public disapproval. He dismissed South Carolina's resistance, saying "We went through similar things when breathalyzers came out. We went through similar things when radar guns came out. It's the same type of mentality."

The South Carolina car accident lawyers of Louthian Law Firm have represented the rights of accident victims and other injured South Carolinians since 1959. We’re committed to providing personalized service to you while aggressively going after wrongdoers. And because we know how financially devastating an accident can be, we never charge you a dime until your case is won.

For a free evaluation of your case, call us today at (866) 454-1200 or (803) 454-1200, or fill out our confidential online case evaluation form.

In the battle against hospital acquired infections, a new tool has emerged: anti-microbial copper. Researchers, in a study funded by the US Department of Defense, installed the material on different hospital surfaces at the Medical University of South Carolina (MUSC) and two other US hospitals. The copper led to a bacteria decrease of 97% in operating rooms and a 41% decrease in hospital acquired infections.

The new technology holds strong promise for hospitals which have long struggled with hospital acquired infections. The Centers for Disease Control and Prevention (CDC) reports that one in twenty hospital patients will contract an infection from the hospital with 98,987 deaths from hospital acquired infections in 2002. The infections cost the US approximately $28.4 to $33.8 billion.

At MUSC, researchers first tested and observed the intensive care unit to determine what surfaces were most frequently touched. Bed rails, call buttons, and chairs near patients had the highest number of bacteria growth with nearly 17,000 colonies per 100 square meters. The bacteria included MRSA, a medication-resistant infection known as the "superbug." Frequent cleaning only temporarily decreased the bacteria population. Researchers then installed the anti-microbial copper on the most-touched surfaces including over-bed tray tables, nurse call buttons, IV poles, nurses’ call devices, monitor bezels, and bed rails.

The copper's naturally anti-microbial properties killed 97% of bacteria and confirmed a link between reducing microbial levels in hospitals and a reduction in infections. MUSC professor Michael Schmidt is not surprised by the success of the copper.

Schmidt states, “The anti-microbial nature of copper has been used by humans for millennia. It has been used for sanitizing water in ancient and modern times...”

For more information on whether specific SC hospitals have successfully reduced their hospital acquired infections, see the South Carolina Department of Health and Environmental Control's website. SC hospitals are required to submit their infection rates twice a year.

Contact The Louthian Law Firm

If you or someone you care about has been injured by the carelessness of a medical professional, you should speak with an experienced South Carolina medical malpractice attorney like the ones at the Louthian Law Firm as soon as possible. Our attorneys can help you evaluate your case; protect your legal right to the courts; and stand by your side throughout the legal process.

For a free consultation, call the Columbia SC Medical Malpractice Lawyers at Louthian Law Firm today. Toll free: (866) 454-1200. Locally: (803) 454-1200. You can also fill out our confidential online case evaluation form.

The federal government’s ongoing debate over a proposal to reduce the hours that truckers can spend driving coincides perfectly with the start of National Drowsy Driving Prevention Week, South Carolina truck accident lawyer Bert Louthian said today.

“For weeks, lawmakers have haggled over the costs and benefits associated with making changes to truck driver regulations,” said Louthian, a Columbia attorney who represents clients in personal injury and wrongful death lawsuits involving commercial motor vehicles such as trucks, tractor-trailers, 18-wheelers and semis.

“But you can’t put a price on a human life,” Louthian said.” If changes to the law can prevent fatigued driving among truck drivers, then my firm stands fully behind it.”

Preliminary data from the U.S. Department of Transportation show that more than 1,500 people were injured in South Carolina truck accidents in 2010. Information on South Carolina truck crash fatalities for 2010 is currently unavailable, but there were 82 deaths in 2009, USDOT statistics show.

And according to the National Sleep Foundation – the sponsor of National Drowsy Driving Prevention Week – fatigued driving played a role in 1 in 6 fatal auto accidents in 2010. An estimated 1 in 8 of those crashes resulted in an occupant’s hospitalization.

“It’s clear that fatigued driving is a problem regardless of what type of vehicle you drive,” Louthian said. “But truck drivers sit behind the wheel of 10,000-pound machines that can have a much more devastating effect in a crash. Reducing their driving time, even by one hour, could save lives.”

The proposed changes to the FMCSA rules include:

• Cutting driving time within a 24-hour driving period from 11 hours to 10;


• Limiting drivers to one 34-hour restart within a seven-day period and requiring all 34-hour restarts to include two periods between midnight and 6 a.m.;


• Forcing truckers to take at least one 30-minute break after being on duty for seven hours and a total of one hour of breaks within any 14-16-hour driving window.

Opponents of the proposal – including truck carriers and truck drivers themselves – claim that the changes would force companies to hire more truckers, put more pressure on drivers and could paradoxically increase the number of crashes by putting more trucks on the road, according to a Bloomberg News report.

“Again we come back to the question of profits over people,” Louthian said. “Of course, we need trucks to provide goods to consumers across America. But the Federal Motor Carrier Safety Administration is doing right by the public by examining their regulations closely.”

Not only that, the agency is doing right by its truck drivers, the South Carolina attorney added.

“Just because trucks are bigger and drivers are less likely to suffer the worst injuries doesn’t mean they never get hurt,” Louthian said. “Their families suffer just as much from the emotional and financial burdens of a truck accident as would any other family.”

According to the National Highway Traffic Safety Administration, there were 3,380 truck-related fatalities in 2009, the latest year for which complete data is available. Of that number, 503 of the deaths were truck drivers.

Louthian said it’s important for people who have been injured in truck accidents to consult with an attorney as soon as possible.

“Unlike your traditional auto wreck, the trucking industry is regulated by strict federal guidelines that can be hard for the layperson to interpret,” he said. “There’s also the issue of going up against large trucking corporations who have teams of defense lawyers at their disposal. An experienced truck accident attorney can conduct a thorough investigation so that accident victims can focus on their recovery.”

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm focuses on personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online contact form.

After South Carolina banned the use of traffic cameras to enforce speeding and red light laws this summer, a 13-person commission was supposed to meet to study the ethical and legal issues with camera use. An amendment to the ban required the commission-- to be made up of legal, enforcement, and government representatives-- to report their findings by November 1st. The commission never met. No meeting was ever called. Most of the blame for the commission's failure to meet was placed on the lack of an appointed chairperson.

Traffic cameras are highly contentious in South Carolina. The ban on traffic camera use was enacted after the town of Ridgefield attempted to use the cameras to catch out-of-state speeders traveling down seven miles of Interstate 95. AAA Carolinas, citing South Carolina's poor history with traffic safety, endorsed the cameras. However, the town was told its plan was illegal based on a 2006 general attorney ruling and 2009 law that effectively disallows photo enforcement. After the summer's ban, the town abandoned their efforts to install traffic cameras.

A slim majority of states, 52%, use cameras to enforce speeding and/or red light laws, according to the Insurance Institute for Highway Safety (IIHS). Opponents of the cameras in other states have brought suits questioning the legality of the cameras. IIHS, however, supports the cameras, citing the dangers inherent in having a police car stop another vehicle in dense or high-speed areas and the impossibility of having police provide complete around-the-clock surveillance.

South Carolina, per law, plans on reconvening the commission to study traffic cameras. Governor Haley has appointed Glenn McHale, a leading Republican in the state, to oversee the commission.

Representative Bill Herbkersman (R-Bluffton), who voted for the ban, is supportive of a study: "We need to know the whole story, especially when it comes to something this controversial and something this important."

The South Carolina car accident lawyers of Louthian Law Firm have represented the rights of accident victims and other injured South Carolinians since 1959. We’re committed to providing personalized service to you while aggressively going after wrongdoers. And because we know how financially devastating an accident can be, we never charge you a dime until your case is won.

For a free evaluation of your case, call us today at (866) 454-1200 or (803) 454-1200, or fill out our confidential online case evaluation form.

The Palmetto state barely received a "D" from the March of Dimes for the high rate of babies born prematurely. South Carolina, which received an "F" in 2010, was only 0.1% away from receiving an "F" in 2011. Of all births in South Carolina in 2011, 14.5% were premature, making the state the fifth worse in the country.

The March of Dimes, in their report on South Carolina, writes that the state is "moving in the wrong direction" on two fronts: the rate of uninsured women and late-preterm births. The number of uninsured women moved from 22% in 2010 to 24% in 2011. The report calls for expanded coverage for women of childbearing age because "health care before and during pregnancy can help identify and manage conditions that contribute to premature birth."

The rate of late-preterm births, births at 34-36 weeks, has increased slightly in South Carolina. Full-term births are 39 weeks. In 2010, the rate was 9.7%; in 2011, it is 10%. The March of Dimes links late-preterm births with early labor induction and C-sections. The organization calls on hospitals and health care professionals to increase consistency in how early induction and C-sections are treated before 39 weeks. South Carolina has tried to improve its late-preterm rates with an agreement to end early voluntary C-sections; half of SC hospitals have signed the agreement.

Preterm births, or births before 37 weeks, are the leading cause of infant death in the United States. Preterm babies face significant and potentially long-term risks including intellectual and physical disabilities. The United States has one of the worst rates of infant death in the industrialized world. To combat this trend, the federal government developed the Healthy People 2020 goals. The goals include decreasing the national rate of premature births to 11.4%. The March of Dimes stated goal is 9.6%. Only one state, Vermont, with a preterm birth rate of 9.3%, received an "A" from the March of Dimes.

At the Louthian Law Firm, we've been handling personal injury cases in South Carolina since 1959. We have extensive experience in all areas of personal injury law and we're committed to putting that experience to work for you, while offering the personal service and understanding that families in crisis need.

To schedule a free case evaluation, call the Louthian Law Firm today at (866) 454-1200 or (803) 454-1200. You can also contact us online.

Bert Louthian, a Columbia attorney who focuses on False Claims Act cases, today repeated his support for a federal whistleblower protection law that was approved by a key Senate committee last week.

“The Whistleblower Protection Enhancement Act is a necessary and appropriate piece of legislation that will close many loopholes and extend the original law’s protection to such federal workers as airport baggage screeners and research scientists,” said Louthian of the Louthian Law Firm, P.A., a South Carolina law firm that represents clients in qui tam claims as well as a wide variety of personal injury actions.

The Senate Homeland Security and Governmental Affairs Committee unanimously approved the Whistleblower Protection Enhancement Act on October 19, indicating it has bipartisan support, according to the Washington Post.

The bill was approved by the Senate and House of Representatives last year before a last-minute anonymous hold derailed it. The legislation was reintroduced last April.

Louthian said the pending legislation has several provisions that will strengthen the existing Whistleblower Protection Act.

“A key enhancement in the new bill is its provision for access to jury trials in federal district court for whistleblowers to challenge major disciplinary action levied against them by their employers in retaliation for whistle-blowing complaints,” Louthian said.

Whistleblower, or False Claims Act, laws are meant to protect workers who report fraudulent activity pertaining to government funds. They allow individuals to file lawsuits on behalf of government agencies that are being defrauded, which are known as “qui tam claims.” Whistleblowers may collect 15 to 30 percent of any money recovered in a successful lawsuit.

Typical False Claim Act lawsuits pertain to tax fraud, health care fraud (such as false Medicaid or Medicare claims), Social Security fraud or corporate fraud that involves overbilling the government or submitting false information to regulatory agencies, Louthian said.

“Whistleblower lawsuits often deal with government programs guided by complicated rules and regulations,” Louthian said. “This complexity, plus the intimidation factor of taking on an employer who could retaliate, is understandably daunting. That’s why having an experienced False Claims Act attorney and law firm on their side immeasurably strengthens the whistleblower’s hand.”

Louthian said his firm provides free, confidential assessments of claims for workers who believe a corporation, individual or health care provider is defrauding the government.

“When a case has merit, the Louthian Law Firm is serious about whistleblower lawsuits and about assisting and protecting those courageous workers who have stepped forward,” he said.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm focuses on personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online form.

South Carolina has become the 28th state to ban synthetic marijuana marketed as bath salts. Some, including many youths, snorted, injected, and smoked the so-called bath salts. The bath salts have gained national attention after deaths, hospitalizations, and a federal Drug Enforcement Administration ban on some of their ingredients.

South Carolina's Department of Health and Environmental Control (DHEC) has labeled the salts as a schedule 1 drug, meaning possession or sale can subject users or sellers to arrest.

The banned bath salts, unlike the salts actually used for bathing, are labeled as bath salts to avoid attention from legal authorities. The salts contain various combinations of methylenedioxypyrovalerone, mephedrone, and methylone cannaboids. Traditional bath salts sold in grocery stores and malls do not contain these controlled substances.

Normally, such bans in South Carolina are done through legislation. The DHEC imposed the new rule in an attempt to quickly meet growing public concern. Where police officers previously could only charge individuals with disorderly conduct, those found with the bath salts will now be subject to felony charges and up to 15 years of jail time and up to $5,000 in fines.

South Carolina Defective Product Attorneys

If you or someone you care about has been injured by a defective or unsafe product, you have the right to ask the manufacturer for money to cover your medical bills, property damage, pain and suffering and any permanent disability or loss.

In order to protect that right, you should speak with the experienced product injuries attorneys at the Louthian Law Firm as soon as possible. We have more than 50 years of experience helping injured South Carolinians seek justice, and we’re committed to ensuring that you get the legal representation you need. For a free consultation, call us today at (866) 454-1200 or (803) 454-1200, or fill out our confidential online case evaluation form.