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Call to Support Senate Bill 932

Modesett Williams - Wednesday, May 10, 2017

The Texas Senate unanimously approved Senate Bill 932, the bill that would crack down on bad nursing homes, and now the House is deliberating on whether these bad nursing homes should be held accountable for their wrongdoings. Jack Modesett wrote a letter in February congratulating Senator Schwertner for his work on this bill and on behalf of some of our most vulnerable citizens, which can be read here.

This morning's Austin American-Statesman features a full page ad in support of the bill and we strongly encourage you to check it out, learn more about the low quality of care provided by Texas nursing homes, and take action.

"Tell your legislator to make nursing homes safer and protect Texas seniors by passing Senate Bill 932. Call 1-844-305-8852 today."

Modesett Williams Client Prevails in McLennan County

Modesett Williams - Monday, March 20, 2017

After a five-day jury trial, Jack Modesett obtained a $450,000 verdict against Senior Living Properties LLC d/b/a Jeffrey Place Rehabilitation Center based in Waco, Texas. Mr. Modesett was assisted by Vic Feazell.

The jury found Jeffrey Place negligent and grossly negligent in its care of Homer Byrd, who died a month after being admitted.

The evidence included testimony that showed the 79-year-old blind, diabetic resident acquired a toe infection that turned gangrenous, which led to his right leg being amputated just above the knee and, ultimately, to his death.

Jeffrey Place attempted to rebut this evidence with testimony that said the personnel followed the directions of the center's medical director and did all they could for Mr. Byrd, but the jury found that not to be accurate, particularly given their failing to promptly spot and treat the infected toe. Nurses claimed to have noticed the wound, but not until it had turned black, developed a foul odor and was 4 centimeters by 5 centimeters. The jury ruled this a breach of the ordinary standard of care and that it played a substantial role in Mr. Byrd's premature death.

The Byrd family was awarded the exact amounts requested by Mr. Modesett during his final summations of the wrongful death lawsuit. Though Mr. Modesett left the figure for punitive damages to the jury's discretion, one of the jurors said he would have granted the family more than the $200,000 settled upon if the decision had been solely his. The juror cited the evidence brought by Mr. Modesett as proving gross negligence occurred, saying, "There was a lot more that could have been done for this man, and it was just absolute refusal to see a problem that is blatantly obvious."

Modesett Williams, PLLC is a firm of board certified trial lawyers, based in Austin, Texas. Jack Modesett is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Walter Williams is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization. They have tried cases in dozens of Texas counties and throughout the United States.

Modesett Williams represents a broad range of litigation clients throughout Texas and the United States. For additional information, please call Jack Modesett at 512.472.6097.

Jack's Take on the Bill that would Crack Down on Bad Nursing Homes

Modesett Williams - Tuesday, February 28, 2017

Read the Austin American-Statesman article about Senate Bill 932 here. The bill was filed by State Senator Charles Schwertner on Thursday, February 16, 2017.

Jack Modesett has spent twenty-five years representing patients who have suffered abuse in the long-term care setting. He feels that Senator Schwertner is to be congratulated for his work on behalf of some of our most vulnerable citizens, but he knows there is still work to be done in protecting these people.

The two agree that nursing home operators must be held accountable for their acts of malfeasance. In handling hundreds of these cases across Texas, Jack has seen every kind of horror one can imagine and recognizes that these types of abuses and neglect occur all too frequently in nursing homes. He asserts that this will continue as many nursing home operators have used recent changes to Texas law to "associate" with county hospitals and then claim Tort Claims Immunity. These "associations" are a sham and change nothing about how the homes are operated or who really operates them; some of the "associations" are with county hospitals that are not within a hundred miles of the home.

If Jack can offer any assistance in representing these victims, holding nursing home operators accountable, or improving the long-term care industry, Modesett Williams stands ready.

Medical Errors Now 3rd Leading Cause of Death in U.S.

Modesett Williams - Friday, May 13, 2016

CBS News has also reported on the study from scientists at Johns Hopkins, saying that, "Medical errors, including wrong diagnoses, botched surgeries and medication mistakes, are the third leading cause of death in the United States..."

Continue reading here: http://www.cbsnews.com/news/medical-errors-now-3rd-leading-cause-of-death-in-u-s-study-suggests/

Second Study Says Medical Errors Third-Leading Cause of Death in U.S.

Modesett Williams - Monday, May 09, 2016

A recent USA Today article by Jayne O'Donnell says, "Medical errors kill about 250,000 people a year, a new study from a well-known John Hopkins medical school professor and author said Tuesday."

Read more on this chilling statistic here: http://www.usatoday.com/story/news/politics/2016/05/03/second-study-says-medical-errors-third-leading-cause-death-us/83874022/

Soaring Long-Term Health Costs

Modesett Williams - Wednesday, April 15, 2015

In the 1980s, private insurance providers preached that purchasing insurance policies to cover long-term health care would financially prepare Americans for elderly life. However, these providers offered faulty advice: the insurance policies they offered have proved to be more expensive than ever anticipated. 

About 30 years ago, the long-term care market looked to be an attractive one, and many insurance providers were eager to get in the business. The industry made predictions about American lifespan, health care expenses and interest rates, all of which turned out to be skewed. The average life expectancy in the United States is the highest it has ever been: 79 years old. This life expectancy suggest that Americans are living longer than ever anticipated, meaning more individuals will live in nursing homes and perhaps spend longer periods of time there. In addition, "the rate for staying at a nursing home has gone up an average of 4 percent every year for the past five years. The 2014, the median bill for a shared room topped $6,000 a month," financial figures that were highly unanticipated by insurance providers. Lastly, the industry predicted high interest rates and the market has provided much lower rates than anticipated.

The long-term-care-policies that the private insurance companies offered have proven unprofitable due to the previously discussed financial figures. As a result, these insurance companies are either exiting the market or substantially raising their prices. As fewer private insurance options become available, analysts predict that individuals will turn to Medicaid for help, which could significantly constrain federal and state budgets. Thus, as the private sector reduces its presence in the long-term care insurance market, the United States' government will be forced to take action to properly care for the elderly. 

Read the full article: www.mysanantonio.com/business/health-care/article/high-nursing-home-bills-squeeze-insurers-driving-6166975.php

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