South Carolina Lawyer Blog

Recently, three United States Senators introduced legislation to amend the U.S. Food and Drug Administration’s (FDA) post-market watch of medical devices. Currently, the FDA may approve moderate-risk devices through the 510(k) process as long as the product is found to be similarly safe and effective as another product that is already on the market. This is considered a fast-track approval process.

However, the new bill would allow the FDA to require companies to submit post-market information in order to gain approval for moderate-risk medical devices. Furthermore, the FDA could order companies to administer additional safety studies after devices are approved.

Under the proposed legislation, the FDA would also be required to evaluate recalls and decide whether they were executed effectively.

Ideally, the newly proposed bill would mean safer medical devices for patients, offering less hassle and less chance of medical complications for patients and consumers. We welcome all efforts by lawmakers and the FDA to increase the safety of patients who use those medical devices.

Contact The Louthian Law Firm

If you or someone you care about has been injured by a defective medical product, you should speak with an experienced South Carolina product injuries 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 Defective Product Attorneys 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.

After repeated state budget cuts, South Carolina hospitals recently got good news from the federal government. The federal Partnership for Patients program will give South Carolina hospitals $1 million per year for at least the next two years to improve hospital quality.

Participating hospitals must reduce readmissions by 20 percent and hospital-acquired conditions by 40 percent. Readmissions are typically used to determine hospital quality. The higher the readmission rate, the more likely the patient was not ready for discharge or was ill-prepared for discharge. Death and injury rates are higher among readmitted patients.

Hospitals will also target hospital-acquired conditions like infections, adverse drug events, catheter-associated urinary tract infections, injuries from falls, and adverse obstetrical events among others.

"This is going to mean we’ll be able to move forward more aggressively toward making care safer for patients, and being able to have more resources to help hospitals accomplish that,” said Dr. Rick Foster, senior vice president for quality and patient safety at the South Carolina Hospital Association.

The additional funding nearly doubles what hospitals were already investing in improving patient safety. In a time of deep budget cuts across the state, the funding is much needed by the hospitals.

Partnership for Patients hopes the nationwide initiative will result in 1.8 million fewer injuries, 1.6 million fewer readmissions, and more than 60,000 lives saved.

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.

Progressive budget cuts over the past three years have reduced the number of South Carolina state troopers by 20 percent. Now interim Highway Patrol Director Lt. Col. Mike Oliver says it’s time to reverse some of the cuts in the name of public safety. He is requesting an additional 40 troopers to increase DUI arrests and improve collision response.

“[Current reduced trooper levels] may mean a longer wait time for us to respond to a collision. We certainly respond as quick as we can to clear the roadway and investigate their collisions, but more troopers certainly gives us the ability to do that quicker,” Oliver said in a report on WSPA-TV in Spartanburg.

Director Leroy Smith of the Department of Public Safety said he believes increased troop levels would also prevent trooper fatigue and help retention rates.

South Carolina currently has 804 troopers, a sharp decrease from the ideal level of 1,000. In 2008, there were 983 troopers. Adding 40 troopers would cost $4.5 million, and about half the cost would be for one-time equipment expenses such as new vehicles.

Opponents of the increased cost point out that the number of highway deaths has decreased significantly between 2008 and 2010 — from 921 to 774. That reduction is despite fewer troopers patrolling the roads. Traffic fatalities have fallen nationally, and experts believe this may be partially due to decreased travel because of the bad economy.

Contact The Louthian Law Firm

If you or someone you love has been injured in a South Carolina traffic accident, you should speak with an experienced Columbia car crash attorney such as the ones at the Louthian Law Firm as soon as possible. We have represented the rights of accident victims since 1959, and we’re committed to providing personalized service to you while aggressively pursuing negligent motorists. Because we understand how financially devastating an accident can be, we charge you nothing until you have recovered compensation for your damages.

For a free consultation, call the South Carolina auto accident lawyers at the Louthian Law Firm today. Toll free: (866) 454-1200. Locally: (803) 454-1200. You can also fill out our confidential online case evaluation form.

Bert Louthian, a South Carolina attorney who focuses on whistleblower lawsuits, said today that he supports government inspectors who recently told lawmakers, according to Fox News, that more needs to be done to prevent doctors from prescribing psychiatric drugs that are not approved to treat dementia in afflicted nursing home residents.

Fox News reported that the U.S. Department of Health and Human Services found that 83 percent of Medicare claims for antipsychotic medications – normally used to treat people with schizophrenia or bipolar disorder – were prescribed for patients with dementia. Almost 305,000 nursing home residents were prescribed antipsychotics.

The medications have been linked to an increased risk of death in seniors, which has led the U.S. Food and Drug Administration (FDA) to repeatedly caution against prescribing such drugs for easing aggressive behaviors associated with dementia, according to Fox News.

“There have been multiple warnings to practitioners against the health risks of using antipsychotic medications for people with dementia, both from the federal government and the drug companies who warn against it on their labels,” said Louthian, of the Columbia (S.C.) personal injury law firm, Louthian Law Firm, P.A.

“Now it’s time for people to step forward and prevent a serious health crisis by alerting the public to such continued misuse.”

Louthian said that “off-label use,” or the use of drugs beyond the scope for which they are approved, is a nationwide problem that is beginning to receive widespread attention through qui tam litigation, or whistleblower claims.

“Pharmaceutical companies are increasingly being held accountable for promoting the use of their drugs for off-label uses,” the South Carolina lawyer said. “That is a violation of the False Claims Act because payment for off-label use of prescription medications by Medicare or Medicaid is not eligible for reimbursement.”

The False Claims Act pertains to any kind of fraudulent claim in the U.S., including 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.

Another major area of qui tam litigation is occurring among medical practices that are billing Medicare for services that aren’t authorized, Louthian said.

“What we have seen is they will tack on a $25 charge here or a $50 charge there thinking that nobody will notice – and Medicare doesn't notice because oversight and enforcement appear to be practically nonexistent – until an employee of the medical practice comes forward,” Louthian said. “It doesn't sound like much, but it adds up, and there can be a hefty per occurrence monetary penalty.”

Lawyers who are well-versed in qui tam litigation and whistleblower claims can assist workers in bringing the fraud to light without fear of retaliation from their employers.

“Being a whistleblower is not necessarily a role that people are comfortable playing,” Louthian said. “While they may reap financial rewards from a successful qui tam lawsuit due to treble damages and other penalties – which may add up even though the fraud they see may appear to be small -- they also must face a lengthy legal process that can be stressful and overwhelming,” Louthian said.

“But when you’re talking about protecting innocent people from harms caused by off-label or other abuses, people need to summon the courage to bring the truth to light.”

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 may soon create a truck-only lane along the far left side on a seven-mile stretch on I-26 in Charleston, South Carolina. Legislators cite the growing port in Charleston as the cause of increased tractor-trailer presence and accidents between Cosgrove Avenue to Ashley Phosphate Road on I-26.

“If we can save a life, it is our responsibility to act. The only way to be proactive is to go ahead and try something that would be feasible for that area,” Rep. Wendell Gilliard (D-Charleston), the sponsor of the bill, said. "It’s a safety issue. You don’t want trucks in the middle lane or the far right. In that scenario, you end up having lanes blocked near exits. With trucks to the far left, cars can proceed around them.”

The value of truck-only lanes has long been debated by urban planners and traffic safety officials. In theory, truck-only lanes ensure that trucks do not intermingle with passenger vehicles and, thus, present less likelihood of collision. These lanes, however, effectively reduce road and highway size and thereby represent an added cost to the state. Some states have proposed special truck-only tolls, but such moves are strongly resisted by the trucking industry especially in a time when truck-related fatalities are decreasing. The cause of the decrease in accidents--whether because of the recession or increased safety-- is still being debated.

Gillard asked the state Secretary of Transportation to conduct a feasibility study for a truck-only lane in August after witnessing a 9-hour traffic delay due to a truck accident. Gillard filed his proposal recently. The bill will not be voted on until the new session begins in January.

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.

South Carolina pedestrian deaths have increased sharply this year. At a recent press conference, S.C. Highway Patrol Capt. Brad Hughes highlighted the 24% increase in pedestrian deaths, from 81 this time last year to 101 so far in 2011. Lexington County and Columbia in particular saw large increases in fatal pedestrian accidents.

So far, South Carolina has responded by placing the burden on pedestrians to be more car-conscious. The state implemented a program called SEE, an acronym for "Stop, Educate and Enforce," under which officers stop to warn pedestrians in dangerous situations. Pedestrians with their back to traffic, intoxicated, or wearing dark colors are especially vulnerable. While the program has reached 2,900 pedestrians this year, there has been no measurable improvement in pedestrian safety.

This comes as no surprise to our South Carolina accident attorneys; in any car-pedestrian accident, the pedestrian is the vulnerable party and the person likely to suffer serious, even fatal injuries.

At the press conference, officers conceded that more needs to be done to protect pedestrians.

“Motorists, too, can change their driving habits to help address this issue,” Hughes said. He pointed out that driving slower, avoiding distracted driving, and increased alertness would help avoid accidents.

In our opinion, Columbia is placing too much of the responsibility on pedestrians. In response to the increased pedestrian death rates, city law enforcement officials plan to give out more citations to pedestrians. That strategy is likely to do little to reduce the pedestrian fatality and injury figures in our area.

If you’ve been in a pedestrian accident, it’s important to make sure that you understand your legal rights. South Carolina law on car wrecks is complex, and the statute of limitations for filing a claim can be short. You should consider speaking to the Louthian Law Firm as soon as you think you may need a South Carolina pedestrian accident lawyer.

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

South Carolina's poor performance in health care received renewed attention in United Health's 2011 America's Health Rankings. South Carolina was ranked 45th of 50 states for population health.The rank represents a drop from 2010 when the state was 40th. High rates of obesity, poverty and disparities in health care access led to the state’s poor showing.

The rankings, generated by using national data from the CDC, FBI and the U.S. Department of Health and Human Services, examined rates of smoking, drinking, high school graduation, and preventable hospitalizations, in addition to community factors and infant mortality rates.

While South Carolina did better than average in some categories, with good scores on binge drinking and child immunization, the state scored below average in almost all other factors. South Carolina ranked 47th in obesity, with 32% of the population considered clinically obese.The state also ranked poorly in mental health, prenatal care, number of primary care physicians and infant mortality.

The ten bottom ranking states were Missouri, West Virginia, Nevada, Kentucky, Texas, South Carolina, Alabama, Arkansas, Oklahoma, Louisiana, and Mississippi. The top healthiest states were: Vermont, New Hampshire, Connecticut, Hawaii, Massachusetts, Minnesota, Utah, Maine, Colorado, and Rhode Island.

United Health hopes the survey will draw attention to ways states can improve the health of their population. The report states, "The ultimate purpose of America’s Health Rankings is to stimulate action by individuals, elected officials, medical professionals, public health professionals, employers, educators and communities to improve the health of the population of the United States."

The personal injury lawyers at the Louthian Law Firm agree. We hope these kinds of reports have the positive result of spurring our state and local officials into action.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., is a South Carolina personal injury law firm that has been obtaining fair compensation for defective product 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 represents truck accident victims and their families throughout South Carolina in personal injury and wrongful death lawsuits, including those in the communities of Columbia, Charleston, Florence, Greenville, Spartanburg, Myrtle Beach and Rock Hill.

For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online form.

Seven people died in South Carolina traffic accidents over this Thanksgiving weekend compared to three in 2010. Fatal accidents increased despite an amped up police presence designed to catch speeders and drunk drivers. Even troopers normally assigned to administrative duty were required to patrol South Carolina highways. Of the seven victims, one was a motorcyclist, and five others were not wearing a seatbelt.

One of the victims was a 55-year-old man who crashed into a tree in a residential neighborhood and was dead by the time emergency responders arrived. A woman was struck by a drunk driver as she stood beside her daughter's disabled vehicle. A 47-year-old woman died when her car ran off the road and flipped on US 17 in Waccamaw Neck. Another fatal accident claimed the life of a 13-year-old girl in Anderson County.

AAA Carolinas had projected an eight percent increase in travelers on South Carolina's roads this holiday season. The estimated number of travelers, 611,000, represents nearly 49,000 more people compared to 2010. This increase may have contributed to the increase in fatal accidents.

The Louthian Law Firm, P.A., South Carolina Personal Injury Lawyers, has been helping car accident victims obtain fair compensation for their injuries since 1959. We provide each of our clients with individual attention.

If you believe you or someone you care about was hurt by a car, truck or motorcycle accident in South Carolina, contact the Louthian Law Firm today. Call us toll free at (866) 454-1200 or locally at (803) 454-1200. You can also contact our South Carolina personal injury lawyers online for a free evaluation of your case.

South Carolina has some of the worst drivers in the country, ranking 10th in bad drivers in a new Car Insurance Comparison report. Though South Carolina was ranked third in careful drivers, this didn't translate to good driving. The state has one of the highest rates of fatalities per million miles, failure to obey traffic signs, ticketing, and drunk driving. The high traffic fatality rates played a significant role in increasing South Carolina's bad ranking.

Car Insurance Comparison used statistics from the National Highway Traffic Safety Administration, the American Motorists Association, and Mothers Against Drunk Driving. They found that southern states and states with high rural to metropolitan ratios tended to fare worse in the bad driver ranking. Rural roads have historically been more dangerous than urban ones with as much as 80% of fatal traffic accidents occurring on rural roads. Enforcement on rural roads is more financially and logistically challenging than in condense urban areas.

Perversely, though South Carolina ranks high in bad driving, in 2010 Forbes called South Carolina the best state to drive in for its low gas and insurance prices. An emphasis on motorist rights and a sixth-best ranking for infrastructure also make it a good place for driving, though safe driving is another concern.

The nine states with the most dangerous drivers are: Louisiana, Missouri, Texas, Florida, Oklahoma, Arizona, Kentucky, Montana, and Alabama, respectively.

At the Louthian Law Firm in Columbia, SC, we 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. 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. You can also fill out our confidential online case evaluation form.