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New York City Medical Malpractice Law Blog

When can you sue for a botched appendicitis surgery?

Appendicitis and getting your appendix removed is a relatively routine surgery. However, mistakes still occur that could give rise to a medical malpractice claim against the doctor and hospital. The appendix is a vestigial (unnecessary) organ that collects and stores bacteria in the body. It is harmless unless it becomes inflamed and bursts. A burst appendix has the potential to kill the victim. This post will go over how appendicitis could give rise to a medical malpractice claim.

Signs of potential nursing home abuse, Part 1

The residents of nursing homes are completely at the mercy of their caregivers. That level of vulnerability leaves them open to abuse by unscrupulous or careless staff members. Abuse can take many forms, sexual, physical, emotional, psychological, financial, and many others. It 's hard to conceptualize the various ways that a loved one can be abused. Since you cannot be there to protect them every day, all day, here are a few signs that your loved one is being abused. Not all signs are necessary to give an inference of abuse; even one may be sufficient.

Can you hold a chiropractor liable for your injuries?

Chiropractors exist in a quasi-medical arena. Chiropractors are accepted by insurance, but they aren't licensed by medical boards. They go to school but not medical school. As a result of these legal vagaries, the details of their liabilities are not as clear cut as real doctors.

Ban on arbitration agreements in nursing homes is placed on hold

Earlier this year, the Centers for Medicare and Medicaid Services (CMS) passed a new rule forbidding nursing homes from utilizing arbitration agreements in their resident contracts. Arbitration agreements are often used by large companies to force potential plaintiffs into costly arbitration proceedings that don't offer the same judicial protections as courts. The effect is to try and discourage potential litigants, even if their claim is valid.

Doctor receives major grant to study perinatal brain injuries

A perinatal brain injury is brain damage that occurs before the child is born, usually during the delivery process. The delivery process, despite all of the recent medical advances, remains incredibly traumatic on mothers and babies. Furthermore, doctors are prone to commit disastrous mistakes which can significantly impact the health of the child.

Studies link distracted doctors to medical errors

According to a series of recent studies, physicians, and surgical staff are increasingly distracted in the operating room. The surgical team is found surfing the web while performing procedures which led to a higher instance of medical and surgical errors. This post will go over the implication of these studies and how they may impact you.

Can you recover compensation for a birth defect?

Modern medicine has drastically reduced injuries suffered during the delivery process, to both the mother and the child. But, for every advance, their children still suffer preventable injuries. Modern medicine, chemicals, technologies, and other advances result in new birth injuries that, unfortunately, safety experts are unable to prevent. It is important for parents and their children to know their legal rights, this post will discuss birth injuries from which you may recover compensation and may not.

How Americans Got Stuck with Endless Drug Commercials

With the prevalence of prescription drug television advertisements in the United States, many might not guess that they are actually illegal in most countries. Annual spending on drug commercials in the U.S. has been rising quickly and steadily ever since the FDA relaxed the requirements and regulations for these advertisements. Within the United States, organizations such as the American Medical Association have called for a ban on drug ads to consumers. As our society trends more and more towards independence, some may argue that there are indeed benefits to these commercials, such as empowering patients to make decisions for themselves. It should be noted however that back in 1984, most prominent figures believed this practice to be detrimental, disruptive, dangerous, and against the public health interest.

New technique may help remind patients to take their medication

Ensuring that patients take their prescribed medication at the correct time, in the right amount, is an ongoing headache in the medical community. A significant portion of antibiotics, pain killers, and medication that treats chronic conditions is not taken properly which reduces its effectiveness or exacerbates the conditions. Another serious concern is patients who fail to take their pre-surgical medications, which could lead to complications.

The types of nursing homes

Nursing homes are private institutions that are only going to grow in importance. Nursing homes are private institutions that provide shelter and care for people who are old, infirm, sick, or disabled. Nursing homes do provide medical assistance, similar to a hospital. However, they are not treated as hospitals.

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