If you look at the actions of some healthcare staffing companies, fraud apparently wins, hands down. But ignoring harm contributes significantly, as well
San Francisco, CA (PRWEB) May 26, 2012
The Cartwright Law Firm, which provides personal injury attorneys and auto accident lawyers in the San Francisco Bay Area, is posing and discussing the question, “What has a bigger impact on health care costs--fraud or patients seeking justice?” In addition, the law firm is offering consumers tips on steps to take before and during a family member’s confinement to a medical care facility.
“If you look at the actions of some healthcare staffing companies, fraud apparently wins, hands down. But ignoring harm contributes significantly, as well,” Rob Cartwright of The Cartwright Law Firm said.
The example of Maxim Staffing Solutions and their parent company, Maxim Healthcare, presents a perfect example of where the drive for profits mattered more than playing by the rules. Just last fall, Maxim was slapped with a major fine, according to a press release from the Department of Justice (http://www.justice.gov/opa/pr/2011/September/11-civ-1169.html). A company that provides staffing to hospitals and other facilities, Maxim has admitted to $61 million worth of federal fraud and agreed to pay civil and criminal penalties totaling $150 million (United States ex rel. West v.Maxim Healthcare Services, Inc., No. 04-4906 (D. N. J.)).
Simultaneously, Maxim failed to police its own contractors, a failure that led to the serious harm of patients in their care. According to court documents a case in point is the rape of a juvenile psychiatric patient by a contract staffer that Maxim knew had prior accusations of sexual assault on another patient. Criminal prosecution resulted in the rapist’s conviction, and Maxim and Heritage were subsequently sued on behalf of the patient. To date, they have stonewalled legitimate discovery demands by the plaintiff’s law firm, The Cartwright Law Firm. (34-2010-00072021, Superior Court of California, County of Sacramento)
The criminal case file (08F03449, Superior Court of California, County of Sacramento) against the now-convicted defendant revealed that both Maxim and Heritage made monumental efforts to prevent the State of California from seeing records pertinent to the prosecution, including allegations of prior sexual assault while on the job.
Still, insurance companies and the healthcare sector as a whole continue their litany against justified litigation, especially when it comes through patients being harmed by the significant failures found across that sector. Yet, as seen in this particular case, real harm has been done.
The Cartwright Law Firm will continue to fight for the Constitutionally-guaranteed rights of those harmed by the medical industry.
The Cartwright Law Firm would like to offer tips to help ensure a family member’s safety before and during confinement in a medial facility:
1) If a family finds itself in the difficult position of having a family member requiring confinement in a medical or psychiatric facility, they have the right to see that facility’s policy on employee background screening. A family also has the right to know whether the facility’s employees are being supplied through a third party. If this is the case, demand the third-party firm’s policies on employee background screening and oversight.
2) Check the state ratings and history of complaints for the facility before committing a family member. Ask the facility which State agency oversees its licensure, and use the Web to locate the contact information for that agency. Families have the right to know what complaints or actions have been taken against a facility.
3) Demand to know what medications are being used for the family member’s care, what side effects may be possible, and check on the family member’s condition as frequently as possible.
4) If there are suspicions that something about the family member’s care is substandard, or they are being harmed or coerced in some manner, contact the State agency responsible for oversight immediately with all concerns.
For more information about The Cartwright Law Firm, call 415-766-0328, view the personal injury attorney on the Web at http://www.cartwrightlaw.com or visit 222 Front St., fifth floor, in San Francisco.
About The Cartwright Law Firm
The Cartwright Law Firm is proud of its more than 30 years with practicing trial lawyers who have substantial trial experience. With a nationally recognized trial attorney, Robert E. Cartwright Jr., at the helm; a full-time paralegal with more than 20 years of experience; and a full-time, in-house legal investigator with substantial field investigation and data research experience, Cartwright’s dedicated attorneys and staff bring a full-press team approach to every case it handles. For a qualified car accident lawyer or personal injury lawyer, give The Cartwright Law Firm a call.