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New York City Medical Malpractice Law Blog

Senior neglect happens more than we think

It is a sad case when a senior must spend their golden years in a long-term care facility. It is made even worse when they become subject to nursing home neglect. Sadly many cases of nursing home neglect go unnoticed, unreported and unresolved. When this situation happens, sometimes it isn't until after their death that we find out our loved ones have suffered this abuse. If you have a loved one in a care facility or are considering it, know the signs of neglect and what your rights are to keep them safe.

Are surgeons tweeting or treating?

It almost sounds too bizarre to be true, but with the rise of social media, tablets and smartphones, some medical professionals are heeding the siren call of their devices rather than paying attention to their patients. Yes, our country is obsessed with social media. In fact, 73 percent of the nation is active on these sites, with those aged 18 to 34 logging four hours every day. The older generation isn't much better: 35- to 49-year-olds are logged on for three hours a day.

New York nursing home owner uses shady tactics to expel residents

 Your parents have taken care of you their entire lives, nurturing you and making sure you always had a roof over your head and food in your stomach. There comes a time in their lives, though, where they can no longer look after themselves and they need constant care. That's when you come through for them, doing your homework and finding a nursing home that will take care of them the way you were taken care of as a child. At least that's what you think.

When that facility you trust engages in abuse of your loved ones, it can be heart wrenching. That abuse can take the form of poor medical care, under medicating, sexual assaults or failing to maintain the property in a safe manner. The residents of one nursing home in New York are unhappy with the way the owner is choosing to run his facility. In fact, this Brooklyn nursing home owner has been attempting to get the residents to leave so he can sell the place. He could get upward of $75 million and he's now resorting to new tactics to get the last of the residents out. 

After nine dead infants, hospital suspends surgeries

If you've been paying attention to the news, you've probably seen a story about CNN's investigation into a hospital in Florida where nine babies died during heart surgery in the last four years. CNN's investigation found that the hospital's raw mortality rate for infant open heart surgery of 12.5 percent was over three times the national average. In the midst of this run of infant deaths, a doctor from Johns Hopkins conducted his own independent review of the hospital and what he found was frightening.

He discovered major systemic issues and recommended that the hospital stop performing the surgery. Sadly, the hospital chose to ignore the recommendation and two more children died, leaving behind devastated families and a host of questions. Finally, in light of the deaths and multiple evaluations, the hospital is conducting its own review using external experts. Thankfully, they've decided to suspend the elective form of these operations while the review is underway. 

Why don't more doctors admit to mistakes?

A 2002 study by New England Journal of Medicine discovered that when preventable medical errors happened, just one in three were being reported to patients. This, despite the fact that, according to national standards, medical professionals must inform patients about the outcome of their care, even when the outcome is unanticipated. In an article that generated its fair share of backlash, a doctor admitted to making errors over the course of his career.

Allegations of abuse and neglect at U.S. nursing homeowners

Making the decision to put a loved one in a nursing home can be heart-wrenching. But many families reach a point where they can no longer give their loved ones the attention and care that they need on a daily basis. That's when some families choose to entrust a mother and/or father with a care facility with the hopes that the home will treat them with the same dignity and care that they would. Sadly, nursing home neglect and abuse are all-too-common occurrences in this country, and these care facilities end up becoming a place of horror for our family members.

Recall of Zimmer Hip Implant Parts

The Zimmer M/L Taper with Kinectiv Technology hip implant was voluntarily recalled in May, 2015. The FDA announced the Class I recall was issued because of higher than allowed "cytotoxicity levels found (were) with the product." The cytotoxicity levels may lead to revision to replace the implant as well as an adverse biological response to the implant, including allergic reactions, pain, infections, or death. The increased cytotoxicity levels were due to "unexpected amounts of manufacturing residues." During the production process metal shavings can fly off or implants may come into contact with aqueous or oil-based residue used as cutting fluids.

SR Suntour N.A. Recalls Bicycle Forks

As the summer hits its stride and temperatures rise, more people take to the streets, trails and paths on bicycles. Particularly here in New York City and the beach towns of the east coast, thousands of people find themselves commuting to work by bicycle, getting some exercise on a bicycle or just out for a leisurely summer ride.

How prevalent are errors by medical professionals?

Everyone makes mistakes. Chances are, there's not one person reading this who hasn't committed an error at work. However, when most employees make a mistake, it means an order doesn't go out on time or a presentation doesn't go over as well as it should have. When an error at work can mean the difference between life and death or permanent disability, there's a higher responsibility to get things right. That's the case for doctors every day. If they make a medical error, their patient could die.

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