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New York City Medical Malpractice Law Blog

Nurse charged in nursing home incident

On behalf of Rheingold, Valet, Rheingold, McCartney & Giuffra LLP posted in Nursing Home Neglect on Thursday, May 23, 2013.

A 38-year-old licensed practical nurse was arrested on felony neglect charges following an incident in which she allegedly failed to give five nursing home residents their prescribed drugs. Her arrest came approximately one year after the facility had previously been under investigation for a separate incident in the prior year. The woman's lawyer cites understaffing in the nursing home as a cause of patient neglect.

In 2010, federal officials testified before Congress and stated that seven percent of nursing home complaints concerned actual cases of nursing home neglect and abuse. Staffing shortages and low pay for strenuous job duties are cited as reasons for the high volume of nursing home complaints. The State of New York does not regulate the maximum number of patients that can be assigned to a single nursing staff member. In most homes, the number of patients assigned to a nurse or aid is based on the facility's population. This can be problematic because residents with more acute conditions require closer supervision and more attentive care.

NEW YORK DOCTOR REMOVES WRONG KIDNEY

On behalf of Rheingold, Valet, Rheingold, McCartney & Giuffra LLP posted in Surgical Errors on Friday, May 17, 2013.

A prominent New York surgeon has had his privileges suspended pending the outcome of an investigation into the removal of the wrong kidney in a recent botched operation. Mount Sinai Medical Center is investigating the surgical errors and a hospital spokesperson says that it 'never should have happened."

The 76-year-old patient has expressed support for the doctor who saw him through a bout of bladder cancer in earlier years. He says he has forgiven the surgeon for mistakenly removing the wrong kidney, forcing a second operation to remove the diseased organ. The man was on dialysis prior to the surgery and will now be forced to continue dialysis for the remainder of his life unless a suitable transplant is possible.

Surly Bicycle Recalled Due to Fork Failure

By Michael Ihrig of Rheingold, Valet, Rheingold, McCartney & Giuffra LLP posted in Recalls on Wednesday, May 15, 2013.

Surly Pugsley bicycle forks have been recalled due to the fact that they can bend above the disc brake mount posing a fall hazard to the rider.  The manufacturer is actually a Taiwanese based company called Aprebic Industry Co., Ltd.  This is because, in our experience, a vast majority of higher-end carbon fiber bicycles are manufactured in China or Taiwan.  If you or someone you know has been injured as a result of this bicycle, contact our firm immediately.

Economic Loss Toyota Settlement to be Decided Next Month

By Michael Ihrig of Rheingold, Valet, Rheingold, McCartney & Giuffra LLP posted in Product Liability on Tuesday, May 14, 2013.

The economic loss settlement that we reported on in December 2012 will be either approved or rejected by the judge next month.  The settlement has been reported to be valued at as much as $1.63 billion.  This is only for the people who owned Toyota vehicles who lost value in their vehicles.  The personal injury lawsuits still continue.  Terrence McCartney is handling several Toyota SUA cases in both the New York court and the federal MDL in California.

Ford Latest Manufacturer Investigated by NHTSA

By Michael Ihrig of Rheingold, Valet, Rheingold, McCartney & Giuffra LLP posted in Auto Product Liability on Tuesday, May 14, 2013.

Ford is the latest car manufacturer having issues with its vehicles.  The NHTSA is reporting that there is a concern over possible steering loss in approximately 340,000 2008 F-250 and F-350 Super Duty pickup trucks.  There may be a recall forthcoming.  Thus far, the NHTSA has received five complaints about the failure which could result in accidents and serious injuries.

da Vinci May 8, 2013 Recall Notification and Surgical Usage Precautions

By Michael Ihrig of Rheingold, Valet, Rheingold, McCartney & Giuffra LLP posted in Robotic Surgery on Friday, May 10, 2013.

As we have discussed in many of our da Vinci robotic surgery litigation blogs and articles, we knew that that the robot's monopolar design and failed insulation lead to tragic injuries and deaths. Our firm was the first to file lawsuits in New York, with strong allegations that Intuitive Surgical had poor training procedures. Our New York litigation has since expanded nationwide. On May 8, 2013, Intuitive Surgical made an "Urgent Medical Device Notification" relating to the hot shears (also called monopolar curved scissors) on the da Vinci robot due to the risk of stray electricity leaking to organs and tissue, causing thermal burns. Such burns may go undetected during surgery and manifest themselves only later when reoperation is needed and permanent damage or death may have occurred.

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