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New York City Medical Malpractice Law Blog

Why are birth injuries cases difficult to prosecute?

Birth injuries present a unique set of problems that many attorneys are ill-equipped to address. Birth injuries, unlike birth defects, are caused by something that occurs during delivery or immediately after. It is due to complications during childbirth or because the doctor improperly used a set of tools, like forceps.

First steps to take in a medical malpractice case

Medical malpractice cases arise when a patient receives improper or inadequate medical care and suffers an injury or worsened condition. Medical malpractice is a suit against the offending medical professional for inadequate care that resulted in an injury. If this occurs to you, here are some of the first few steps you should take after learning about your injury.

Nursing abuse is common but from an unlikely source

A recent study from Weill Cornell Medicine, New York found that one in five residents of nursing homes experienced either verbal or physical mistreatment from other residents. Yes, it appears that the most common abusers in nursing homes are other residents, not the staff. This post will discuss the conditions of this study and its implications for you and your family.

Answers to typical questions after a surgical error

Surgical errors occur when the surgeon commits a mistake during surgery. The mistakes can be obvious, like a forgotten sponge or gauze inside of a patient. The errors can be non-obvious like using the wrong tool or procedure. Regardless, errors occur every day because surgeries are performed by doctors and their support teams. This post will address some common questions you may have after a surgical error.

Only 251 hospitals received top scores under Medicare

Under the Affordable Care Act ("ACA"), Medicare rates hospitals under a five-star system. The purpose of the system is to compare hospitals to create transparency. One of the consistent problems effecting healthcare is that people are unable to assess the quality of the care they receive, they can't compare hospitals, and they can't exercise their judgment in choosing where to receive medical care. This post will review the rating system.

Nursing homes are rated by the government

The Centers for Medicare and Medicaid Services ("CMS") rates nursing homes on a five-star system. The purpose of this system is to promote transparency in an industry that is not easily scrutinized by the public. The CMS releases these ratings every year. This post will go over the rating system and how it could affect your loved one's care.

New Study on Increase of Rehabilitation Facility Negligence and Malpractice

According to the Department of Health and Human services (DHS) new report, "adverse events in Rehabilitation Hospitals: National incidence among Medicare beneficiaries" 29 percent of patients in rehab facilities suffered a medication error, bedsore, infection or some other type of harm as a result of negligent care. Further, a review of the medical records for 417 Medicare beneficiaries that were discharged from rehab facilities in March 2012, revealed that nearly half of the 158 incidents found were clearly or likely preventable. Indeed, with a quarter of these harmed patients requiring further acute care hospital admittance, costs to Medicare increase about $7.7 million/ month or $92 million yearly.

Misused surgical tools

Surgical tools are the unsung heroes of the operating room. Without surgical tools, doctors could not perform life-saving procedures. Surgical tools are also sensitive and dependent on exact maintenance procedures. Improper handling, repair, cleaning or even use during surgery could damage them and reduce their effectiveness during your surgery.

Social media abuse of nursing home residents

There are many types of abuse, and not all of them involve neglect or outright physical harm. And now there are reports of nursing home residents being the victims of abuse involving social media. Sadly, there have been instances of nursing assistants taking and posting humiliating photographs of their residents. Many states still do not have laws that prohibit nursing attendants from taking embarrassing pictures of their residents and posting them online, so there is little that the government can do.

What is defensive medicine?

Defensive medicine is an alleged practice undertaken by many doctors as a way to prevent possible litigation by an injured patient. It is a common rallying cry among politicians seeking "tort reform." Proponents of reform argue that defensive medicine is responsible for part of the significant rise in healthcare costs. But a study out of Cardozo University reviewed several government studies and found that defensive medicine is responsible for little of the rise in healthcare costs.

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