Healthcare & Hospitals
With over 40 years of experience in various markets, we understand the unique litigation strategies required with the ever changing applications in the healthcare industry. Along with the emergence of tele-medicine and home healthcare, Patrico, Hermanson & Guzman, A P.C has the experience required to mitigate risk and exposure for our Healthcare and Hospital clients and claims specialists while staying abreast of the latest trends in the industry.
We understand California’s Workers’ Compensation defense as it applies to workers in:
- Home Health Caregivers
- Nursing and Residential Care Facilities
- Hospital and Private Industry workers including general medical and surgical
- Nursing aides, orderlies, and attendants
- Healthcare facilities also employ: food preparation, housekeeping and linen services, cleaning, maintenance, physical plant operations, landscaping, office functions, and more.
As noted by OSHA, hospital employment is growing, as is the risk of exposure. In fact, ‘Recordable work-related injuries have greatly outnumbered illnesses in hospitals throughout the past 20 years. 1 In 2011, injuries accounted for 93 percent of the total cases recorded; illnesses accounted for the remaining 7 percent. (source: https://www.osha.gov/dsg/hospitals/documents/1.2_Factbook_508.pdf)
Key and Notable cases:
California: WCAB Applies Neri Hernandez to Home Health Care Services Cases
The WCAB has issued two noteworthy panel decisions involving home health care services in light of Neri Hernandez (en banc). In each of these decisions, which involved critically injured workers, the WCAB has signaled in very strong terms that it will not tolerate a defendant’s bad-faith or frivolous delays in providing or failing to provide medical treatment