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New York City Medical Malpractice Law Blog

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.

Study uncovers shocking rate of pancreatic cancer misdiagnosis

Diagnostics remains a complicated science. Doctors are asked to locate the cause of an illness without the ability to directly examine the source of the disease. Doctors rely on imperfect diagnostic tools, like blood tests, to calculate cause. They rely on proven methods of detection and statistical analysis to ascertain the probability that "A" disease is more likely the cause than "B" disease. Luckily, these tools are sufficient for most conditions, most of the time. But a new study found that pancreatic cancer, a very deadly form of cancer, is misdiagnosed an astonishing 31 percent of the time.

Using sport's medicine techniques may help childbirth injuries

A study conducted by the University of Michigan posed the question should delivery be treated as the athletic event? Specifically, should doctors use techniques traditionally reserved for athletic injuries to diagnose and treat injuries sustained during the birthing process? The study authors assert that childbirth is one of the most traumatic events any human body can undergo. Up to 15 percent, women suffer pelvic injuries that fail to heal.

Study finds that half of all surgeries involve an error

The study was conducted by researchers from the anesthesiology department at Massachusetts General Hospital. The researchers reviewed 277 procedures and found that nearly half resulted in either a medication error or a patient suffered an unintended drug side effect. What is interesting is that these rates are significantly higher than earlier studies. The authors contend that those prior studies utilized data that was self-reported from clinicians rather than direct observation, like their research methodology.

Blincyto, FDA Approved B-cell ALL Treatment, Linked to Pancreatitis

Back in December of 2014 the U.S. Food and Drug Administration approved Blincyto (blinatumomab) to treat patients with acute lymphoblastic leukemia, or B-cell ALL. This rare form of acute lymphoblastic leukemia occurs in bone marrow and the formation of many immature white blood cells, known as B-cell lymphoblasts.

Can you sue a nursing home for abuse or neglect?

The short answer is yes; you can hold a nursing home responsible if your loved one was abused or neglected while in its care. Nursing homes were created to fill the gap between the care that elderly parents require and the care that working children can provide. The gap is especially wide when you are dealing with an only child. These facilities should operate as another home for your parents but, like with any installation, errors can occur. Hopefully, these mistakes are not severe or fatal but if they are, how do you hold the nursing home accountable?

Do you think a surgeon would tell you if there was an error during surgery?

Doctors are held to high standards of practice because they hold peoples' lives in their hands. This can make patients feel helpless because of the risk of their doctor making a mistake during treatment. As such, they are also held to high ethical standards. National guidelines recommend that physicians make a full disclosure to a patient and the patient's family. But, a new survey published in JAMA Surgery, found that not all surgeons follow that guideline.

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