Attorney Blog

Skin Cancer Drug Approved for Speedy Review

Sun, 05 Feb 2012 08:00:00 EST

A new drug has just been placed on the fast-track review process by the FDA for treating the most common form of skin cancer.

Basal cell carcinoma is produced by prolonged sun or any other ultraviolet exposure. It gestates in the outer layer of skin and slowly grows from there, usually without pain.

The drug, known as Erivedge, treats locally advanced basal cell carcinoma in adult patients who are unsuitable for surgery or radiation. It is administered as a once-a-day pill and acts to block the Hedgehog pathway, a directional route for signaling proteins, which transport messages for the development of certain organs. The Hedgehog pathway sometimes malfunctions and enables basal cell carcinoma. This kind of cancer-battling treatment, which targets molecular pathways, is becoming more common as a technique that is more effective, with potentially fewer side effects.

This drug was given to 96 patients with basal cell carcinoma. 30% of patients with advanced metastatic cancer achieved a partial tumor shrinkage. 43% with locally advanced cancer achieved a complete or partial shrinkage.

The FDA has given early approval to Erivedge under guidelines that favor drugs that represent major or novel advances in treatment.

Erivedge's potential side effects are extensive, but less than those of other skin cancer treatments: "hair and weight loss, muscle spasms, fatigue, nausea, diarrhea, decreased appetite, distorted sense of taste, vomiting, constipation, and loss of taste in the tongue." Pregnant women should also consult their doctors because of potential mortality or birth defect risks in newborns.

MORE INFORMATION

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Heartburn Medicine Linked to Hip Fractures; BRITISH MEDICAL JOURNAL says

Sun, 05 Feb 2012 08:00:00 EST

Common drugs used to treat heartburn were strongly linked with hip fractures in post-menopausal women in a study released this week.

Proton pump inhibitors (PPIs) work by decreasing gastric acid production, which can otherwise induce indigestion. Unfortunately, PPIs also inhibits the body's calcium-absorptive functionality, which may weaken bones, thereby leaving one more susceptible to fractures.

The study was published in the British Medical Journal by researchers at Massachusetts General Hospital, who gathered information on 79,899 post-menopausal women between 2000 and 2008. 893 suffered hip fractures, and those who were on prolonged PPIs were at a 35% higher risk of fracture. Those women on PPI suffered 2.02 fractures per 1000 while those without PPI suffered 1.51 fractures per 1000. The longer a woman was on PPIs, the more she was in danger of fracturing her hip. Interestingly, those women who smoked or used to smoke were at a 50% higher risk. Still, hip fracture risk returned to normal after 24 months of not taking PPIs.

The FDA had initially warned against PPIs for this very reason in 2010. However, this is the first study to verify the concern.

8.9% of adult women were on PPIs in 2008, up from 6.7% in 2000.

MORE INFORMATION:
If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Dateline-Lower East Side, NYC; Fatal Car Crash Takes Talented Child

Sun, 05 Feb 2012 08:00:00 EST

Tragedy struck the Lower East Side several weeks ago when 12-year-old Dashane Santana, a girl steeped to the hilt in performance art and ambition, was fatally run over.

The accident occurred at the intersection of Delancey and Clinton Streets near the Williamsburg Bridge at 2:40pm on January 14. She had just exited Castle Middle School, where she is a sixth-grader, and was on her way to a doughnut shop with her friends.

According to her mother, Shamika Benjamin, 31, she had dropped her backpack in the middle of the street. When she turned around to retrieve the bag, a 2006 Toyota Sienna minivan was there to meet her. The impact was powerful enough that people in shops nearby heard it. The driver, upon realizing he had hit something, stopped, reversed, and ran her over again.

She was rushed to New York Downtown Hospital, where she was pronounced dead. Her friends claimed the light was theirs. The 58-year-old driver, however, claims he had the light and was flustered that five girls were in his way, crossing against the light. He remained on the scene and was not charged. The cops said the collision was an accident and that the driver had the right of way.

Dashane had just applied to Julliard School for performing arts and hoped to make it as an actress. She was outgoing, played the flute and piano, and enjoyed singing, acting, and dancing. She had even had the pleasure last fall to be an extra in the filming of Mark Wahlberg and Russell Crowe's "Broken City."

Comment:
This type of case is often referred to as a "Question of Lights" type of case. You will have competing interests claiming that each one had the right of way. Witnesses will often be the determining factor in deciding who truly had the green light and the right of way. The other siginficant issue that will arise is the amount of damages for such a young child who has no earnings history.

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Lawyer Posing as Physician Suspended

Sun, 05 Feb 2012 08:00:00 EST

A personal injury lawyer at a New York-based firm has been placed on a two-year suspension, effective February 2, for falsely posing as a physician.

Susan Friery took four semesters toward a Ph.D. at SUNY-Buffalo School of Medicine, studying to be a morgue technician. She dropped out in 1985 without a degree. She then began her long career at Kreindler & Kreindler in 1986 as a part-time legal assistant and medical consultant, on the premise that she had graduated from the Columbia University College of Physicians and Surgeons. She eventually went on to New York Law School with 75% of her tuition paid for by the New York firm. Upon graduating in 1993, she moved to Boston, passed the Massachusetts bar exam, and began work as an associate for the firm's Boston branch. In December of 2009, she was made partner.

All the while, her name had appeared accompanied with "Dr." and "M.D." Her clients, colleagues, and opposing attorneys were all fooled by the same story for years.

Friery left Kreindler & Kreindler in January last year and spilled the beans to her coworkers in August. On January 3 this year, the Supreme Judicial Court for Suffolk County in Massachusetts ordered her suspension. It was made clear that her misrepresentations had not negatively affected her work or her clients, and would not have affected the cases she worked on. However, it remains unclear why she left the firm in the first place.

MORE INFORMATION

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Famed Reporter Dies in LI Crash

Fri, 03 Feb 2012 08:00:00 EST

Richard Threlkeld, 74, died three weeks ago in a car accident near his home in East Hampton on the tip of Suffolk. Threlkeld leaves behind a wife of 28 years, a brother, two daughters, two grandchildren, and an awe-inspiring career as a journalist.

Threlkeld collided into a propane tanker, whose driver, Earl Fryberger Jr, of Pennsylvania, was not hurt. Threlkeld was rushed to Southampton Hospital and was pronounced dead on arrival.

Threlkeld was born in 1937 in Iowa and grew up in Illinois. He attended Northwestern's renowned School of Journalism, after which he worked up to a position as producer-editor at CBS News in New York in 1966, where he remained for 25 years. He covered Vietnam, elections from Goldwater-LBJ to Clinton, RFK's assassination, Patty Hearst's kidnapping, Gary Gilmore's execution, and the Persian Gulf War. He was one of the last reporters to be evacuated from Vietnam in 1975.

He was known for his modesty, preferring not to be on camera because the news was more exceptional, although he did co-anchor the morning news from 1977 for several years. He worked with Lesley Stahl and Dan Rather until switching to ABC in 1981 for something new and fresh as a "roving analyst." He then returned to CBS in 1989, where he eventually worked as Moscow correspondent. He wrote a book of his experiences there after retiring in 1998.

Threlkeld has won several Emmys and an Alfred I. du Pont-Columbia University Award.

MORE INFORMATION:

If you would like more information about how accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Builders Don't Want NYC Crane Collapse Settlement Records Released

Fri, 03 Feb 2012 08:00:00 EST

Soon-to-be publically-released settlement records in the case of a fatal crane collapse are now being challenged by a builder and developer.

The crane collapse occurred in March 2008, killing six construction workers and a passerby tourist from Florida. The crane was almost 200 feet tall and had crashed a block away from the United Nations headquarters in Midtown Manhattan on the East Side.

The settlements in question are the first of many court cases connected to the same accident. The passerby's case remains open, as does that of injured people, those with property damage, and others. Only the crane rigger, William Rapetti, was criminally charged for the incident but he was acquitted of all charges in 2010.

Families of the six construction workers had concluded their settlements over the course of the past two years. Manhattan Supreme Court Justice Carol Edmead had sealed the details of the settlements until the resolution of all of the construction workers' cases, in order to protect their proceedings from further bias. But when all of the relevant cases were settled, one of the property damage plaintiffs called for the records to be made publically available, and Justice Edmead agreed.

Of course, days before the records were to be publically unsealed, the developer of the skyscraper appealed the ruling. The appeals court then sealed the records until the appeal was concluded. A construction company involved also plans to appeal the unsealing and has filed papers. A decision is not expected until March at the earliest.

MORE INFO:
As a practicing wrongful death attorney in New York, I deal with tragedies like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help. If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

NYC Life Expectancy Looks Up

Fri, 03 Feb 2012 08:00:00 EST

New York's average life expectancy has jumped yet again according to new numbers released by the NYC Department of Health and Mental Hygiene. What's more, the numbers are more impressive than the rest of the nation's average.

The average life expectancy for newborns in NYC in 2009 was 80.6 years. This is almost three years higher than it was in 2000 and it is over two years above the newly-reported national rate of 78.2 years.

The numbers also look good for the older population, which has a higher mathematical life expectancy the older the age group is. 40-year-olds in 2009 have a life expectancy of 82 years, up from 79.5 in 2000. This 2.5 year increase dwarfs the nationwide figure of 1.2 years. 70-year-old New Yorkers are at 86.9 years, up 1.5 years, compared with the average nationwide at 85.1 years, up 0.7 years.

Mayor Bloomberg touted his programs against smoking, obesity, and sodium consumption, but experts point to other causes, namely advancements in HIV testing and treatment. HIV mortality fell 11.3% from 2009 to 2010 and 51.9% from 2002. Also contributing in a large way to the increased life-expectancy are declines in deaths from heart disease, cancer, drugs, and infant mortality. Additionally, deaths from car accidents and smoking have been declining.

This is a welcome change for New York City, which had trailed the nation in life expectancy until 2000. Especially in 1990, NYC had been hit particularly hard by the HIV/AIDS crisis.

COMMENT:

Why are these statistics important?

At trial, a judge will give the jury an instructions about the longevity of the injured victim. This will come from statistical life expectancy tables. In other words, if the victim is a 55 year old female who was working, the statistics will tell us how much longer she can be expected to live and what her customary work-life expectancy would have been had she not been injured.

Why is this important?

If she has a long-term injury or disability, the jury is required to take her longevity into consideration to determine how much compensation she is entitled to receive for the forseeable future.

The question they are asked is "How much do you award Mrs. Jones for the pain and suffering she will be expected to have into the future?"
"For how many years is this award being made?"

MORE INFORMATION:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Doctors Bypass 46% of Annual Checkups; American Journal of Preventive Medicine

Fri, 03 Feb 2012 08:00:00 EST

For those of us who receive regular periodic health examinations (PHEs), many of us may not be undergoing all of the recommended assessments we may be expecting, a new study warns us.

For the 20% of US adults who go in for PHEs, 46% of "eligible and due services" are entirely absent from the tests. Published in the American Journal of Preventive Medicine, the data comes from audio recordings of 484 doctor visits for PHEs at 64 general internal medicine and family physicians' offices in southeast Michigan.

This is obviously a concerning finding, but the lead author of the study says the figures are not surprising when you take into account the limited incentives screenings and preventive counseling offers doctors. Additionally, giving full attention to all the recommended tests is a time commitment many doctors are not able to afford.

Of 19 guideline-recommended preventive services, the most common screenings were for colorectal cancer, hypertension, and breast cancer. Services receiving the most sparse attention include counseling for aspirin use and vision screening, as well as recommendations or deliveries of flu vaccinations.

Furthermore, the greater the age of the patient or the greater the patient's BMI, the fewer the services.

The study's researchers hope that greater technological advancement may place personal health records into the hands of the patients so that we may be able to better conduct the regimen of tests we get for our PHEs.

MORE INFORMATION:

If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Dateline-Brooklyn, NY; Flatbush Man Struck and Killed in Hit-and-Run

Fri, 03 Feb 2012 08:00:00 EST

Tragedy struck Flatbush, Brooklyn this week when Noah Foxman, an active member in the local Jewish community was struck first by one driver and then killed by a second hit-and-run driver. The suspect has yet to be found.

Mr. Foxman, 58, was crossing Coney Island Avenue and Avenue K in Midwood at 10 pm on Thursday, January 26. A gray van hit him in the middle of the intersection, where he lay. The van remained on the scene, where Foxman was conscious and alert, telling witnesses to call emergency services. However, while he remained on the ground in the rain, a second SUV ran him over and fled the scene without stopping.

Flatbush Hatzolah, the ambulance service, arrived soon and rushed Mr. Foxman to Coney Island Hospital, where he was pronounced dead in a matter of minutes.

The second car has been variously described as a dark-colored or light-colored sedan, although later reports give the latter description. Police claim not to have surveillance video and are asking for help finding the hit-and-run driver. They are making it clear, as are witnesses, that it was possible the second driver simply did not know he/she had struck Mr. Foxman.

Noah Foxman was a father of three and an active member at his local yeshiva. Hundreds paid their respects on Friday, variously describing him as always happy and helpful, without ever a nasty word to say about anyone.
MORE INFORMATION:

As a practicing wrongful death and personal injury attorney in New York, I deal with car accidents like this every day. If you would like more information about how negligence and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Ford's Health-Monitoring Car Gains Partners

Fri, 03 Feb 2012 08:00:00 EST

Ford has unveiled a new partnership on its way to developing a car that manages its owner's health status.

The project, known as "The Prototype Mobile Health Management System," uses various monitors and meters, as well as user-generated behavioral health data to give real-time health advice.

In the works are at least 3 applications. First is glucose monitoring, which displays glucose levels on the dashboard and alerts the driver when levels become abnormal. Second is an allergy program, which acts as a voice-activated allergy news service and a four-day weather guide. Third is a coaching system for asthmatic and diabetic drivers. This application is basically a medication reminder system. Still in the hoping-and-planning stage is a heart monitor, which manufacturers hope will alert the driver of an impending heart attack -- a leading cause of crashes.

The software begins with user-provided voice inputs, detailing the health and behavior of the driver, including gym and medication schedules. The information goes through a Microsoft program, which connects the user's various devices on a centralized internet "cloud" format, so one can access the data from a phone or laptop. Microsoft also provides the technology to translate sensory information into electronic data. Ford provided SYNC technology to allow hands-free access.

Other companies working on the project are SDI Health, WellDoc, Medtronic, and the software firm Healthrageous and Blue Metal Architects.

COMMENT:
Imagine driving on the way to work and your car is telling you that your glucose level is low and you need to stop and get a bite to eat. Then, imagine driving in bumper to bumper traffic and someone cuts you off. Your heart-rate monitor rises dramatically and you are immediately warned...by your car...to take your foot off the pedal and slow down. That sounds incredible and could possibly save lives!

The Price of Age Discrimination

Fri, 03 Feb 2012 08:00:00 EST

Startlingly large numbers among the elderly consider themselves to be discriminated against, and a disproportionate number believe it is because of their age, a new study shows. Most importantly, stress-induced depression is tied to poorer health outcomes.

The study, published in Research on Aging, claims that 63% of older people claim to encounter discrimination. 30% of the total surveyed population believe their discrimination stems from their age, while gender, race, disabilities, or appearance account for the rest. The information was drawn from a national database from the federal Health and Retirement Study, which queried 6400 people over the age of 53 every two years, beginning in 2006.

The key finding is that the figures from 2008 -- two years after the original survey -- showed that those who experience higher levels of discrimination suffer poorer health outcomes in the form of greater depression and lower self-rated health. The study controlled for other causes of stress, such as financial problems, traumatic events, and chronic illness.

Another surprising finding is that discrimination takes a greater toll when it takes the form of "everyday slights and suspicions," as opposed to longer-term stress-inducing stimuli such as traumatic events. Presumably, this is because longer-term issues can be coped with over time, whereas everyday slights may be an offense 'of a thousand cuts.'

2010 data is now available, and researchers are looking forward to gaining greater insight into the connection between age discrimination and health outcomes.

A Shocking Decision: NY Health Clubs Must Use Defibrillators

Tue, 31 Jan 2012 08:00:00 EST

New York's Appellate Division, Second Department, ruled late last month that health clubs in the state must use automated external defibrillators (AEDs) when necessary. Not using AEDs when someone is experiencing a heart attack can now be a cause of action for a lawsuit.

In 2008, Gregory Miglino was playing racquetball at a Bally Total Fitness club in Lake Grove, Suffolk County. After his game, he collapsed and when the ambulance arrived a few minutes later, he was sent to Stony Brook Hospital, where he died.

Court records show that another gym member informed the front desk after Miglino collapsed. The front desk called 911 immediately. Several employees rushed over to Miglino's body with an AED in hand. One of the workers was trained in the use of AEDs. They checked Miglino's pulse, but inexplicably never used the AED. This could have been due to negligence or something reasonable. But to the appellate court, it didn't matter.

The court determined that a cardiac episode was enough cause for the mandated use of a defibrillator. They recognized that NY's General Business Law 627-a only requires that AEDs are on-site at New York health clubs. But the law did not "Contain any provision stating there is no duty to act" and "It is illogical to conclude that no such duty exists." Therefore, there now exists "An inherent duty to make use of the statutorily required AED."

This ruling stands in contrast to a 2010 Appellate Division, First Department, case, which ruled that club employees' duty of care was fulfilled by simply calling 911 and performing CPR.

COMMENT:
According to this decision, this now means that there is an affirmative duty to take action. If a gym employee sees someone in distress and fails to use the AED, they, along with their company may be held liable for the injuries the patron suffered. The question will arise whether the employee is trained in using the AED (even though the instructions are really simple and clear) and whether the AED would have made a difference in the outcome.

If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Elevator Death in NY Due to Maintenance Issues

Mon, 30 Jan 2012 08:00:00 EST

The investigation of a tragic December 14th elevator death has identified faulty repair work as its culprit.

Around 10am that Wednesday, 41-year-old advertising executive Suzanne Hart had arrived to work at her Midtown marketing firm, Young & Rubicam. Upon entering the elevator, her foot became stuck between the lobby floor and the elevator. The cab then immediately shot upward. Ms. Hart was crushed between the elevator and the wall between floors and died immediately.

Two witnesses were in the elevator at the time and were sent away for counseling.

The NYC Department of Buildings set itself to investigating 650 elevators throughout the city -- the largest such investigation in the city's history. The maintenance operators of the elevator, Transel Elevator, Inc., is responsible for many elevators across the city. Other elevators were found to be hazards as well, replete with jerks and stops.

The latest Department of Buildings inspection was last June. No problems were recorded regarding the elevator in question. The building houses 13 elevators, among which 56 violations had been written between 2001 and 2009. The last time this particular elevator was issued a violation was in 2003. It is now out of use and the company plans to leave the building.

Miss Hart's coworkers and loved ones spoke highly of her. She was dedicated to her position in PR and outreach at Y&R since 2007. Hers was the 53rd elevator accident of the year in New York City and the third fatal accident.

MORE INFO

If you would like more information about how negligence and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Plastic Windpipe Regenerates and Replaces Cancerous Trachea

Mon, 30 Jan 2012 08:00:00 EST

An exciting new technique was developed in Sweden to replace problematic tracheas (windpipes). Earlier this month, a Baltimore man went back home after receiving this operation two months ago.

The process begins with a skeleton or "scaffold" of nano-sized fibers in the shape of a Y-trachea, adjusted precisely with the help of CT scans of the neck. Stem cells are placed on the fibers, where they grow the entire structure into a viable trachea, and the whole thing is then stitched into the patient's throat after a few days, where "transcription factors" then send messages from the body to regenerate the trachea in a more differentiated fashion.

Christopher Lyles, 30, was suffering from tracheal cancer until it was considered inoperable. Thanks to his November surgery, he is now grateful for his second lease on life so he may rejoin his family and hopefully get back to work as an electrical engineer at the Department of Defense.

Dr. Paolo Macchiarini had replaced 11 tracheas since 2008. The first 10 were transplants. The 11th was on an Eritrean man, whose stem cells were recognizable bodies, and therefore did not require antibiotics. Lyles was the first American to accept this $450,000 surgery.

There is, however, some concern that the new trachea is a foreign object, and is therefore going to encounter a response from the body. However, no adverse indication is yet evident.

Similar procedures are also able to regenerate skin and bladders.

"Heart Attack Risk Increases After Death of Loved One," Says Journal of the American Heart Association

Mon, 30 Jan 2012 08:00:00 EST

It seems the risk of heart attack increases right after a loved one has died, according to a new study published in Circulation: Journal of the American Heart Association.

1,985 adult heart attack survivors surveyed indicates an increase of 21 times the regular risk of heart attack the day after a loved one dies. The risk then goes down to six times normal after a week and remains relatively high for at least a month. Within the first week, one additional person out of 320 or out of 1394 dies after a loved one does (variations depend on baseline risk of heart complications).

An implication of this study is that individuals in mourning should take care of their bodies and not disregard physical symptoms as mere signs of psychological stress. This is because stress may increase the heart rate, blood pressure, and blood clotting. The study's authors advise mourners to keep up with their medications, even though the study itself did not draw a definitive line between heart attacks and medication usage.

This is the first study to look at heart attack risk after the death of a loved one. However, other studies have linked a generally heightened risk of death to the death of a loved one.

Studies have also been written about stress-induced cardiomyopathy, which is similar to a heart attack but is not connected to coronary artery disease.

The study's authors look forward to a larger study in which they survey heart attack patients and look for whether someone close to them had died just before the cardiac episode.

MORE INFORMATION

If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

"Hospital Quality Measurements Need Tweak," Says Yale School of Medicine Study

Mon, 30 Jan 2012 08:00:00 EST

A new study indicates the need to change how fatality figures are read and recorded in order to better measure hospital quality.

Today, the normal course of action for measuring hospital fatalities is to simply measure how many patients die during their hospital stay. However, there is no standard, controlled time involved in this calculation. Therefore, those hospitals, which hold their patients the longest, are disadvantaged in hospital rankings because patients have more opportunity to die when statistics are being measured -- during the hospital stay.

Instead, the study, published earlier this month in the journal Annals of Internal Medicine suggests a standardized time horizon -- the researchers offered 30 days -- from the date of admission, to measure patient mortality. This time period includes time after being released from the hospital for earlier admissions and does not count extra time in the hospital for later discharges. This might still not adequately quantify the efficacy of each hospital, but it will go a long way toward comparing hospitals by knocking out a key variable.

This study, by the Yale School of Medicine's Center for Outcomes Research and Evaluation, compared both approaches on patients who suffered heart attack, heart failure, and pneumonia -- conditions for which 1/3 to 1/2 of deaths within 30 days occur post-discharge. Dependant on the method, quality results varied wildly among hospitals.

MORE INFO:

If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

"Prostate Cancer Hope Found in Hereditary Gene Mutation," says New England Journal of Medicine

Mon, 30 Jan 2012 08:00:00 EST

Scientists have discovered the first ever genetic indication of prostate cancer after 20 years looking for one. Their study was published in the New England Journal of Medicine.

Prostate cancer is the most common form of male cancer. 240,000 cases are diagnosed every year, and 32,000 men die of the disease every year. Because 10 to 15 percent of all cases are hereditary, it has been clear to researchers that a genetic link must exist.

The study isolated the 17q21-22 chromosome region in samples of 5100 young patients (94 families) with prostate cancer. Over 200 genes were sequenced and four families were found to carry identical mutations of the HOXV13 gene.

It is known that this gene is "crucial during fetal development of the prostate and the gland's function in later life."

1.4% of the tested group (72 patients) had the mutation. On the other hand, 0.07% of the control group of 1400 did.

Only 1 percent of the entire population is thought to exhibit this HOXV13 mutation but they have a 10 to 20 percent higher risk of developing prostate cancer before age 55. This is why this particular discovery is so exciting: anyone with the mutation will be sent for increased early screening, just as women with family histories of breast cancer are screened early for the BRCA1 and BRCA2 genes.

Two different mutations were found in the HOXV13 gene in families of African descent, but not enough test subjects were African-American, so further study is necessary. African-Americans are twice as likely to die from prostate cancer than are white Americans.

MORE INFORMATION:

If you would like more information about how medical malpractice and failure to diagnose cancer cases work in the state of New York, I encourage you to explore my educational website http://www.oginski-law.com. If you have legal questions, pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Few NY Doctors Use Electronic Drug Data-Part 2: The Solution?

Thu, 26 Jan 2012 08:00:00 EST

Only 2.8% of New York health care providers with the capacity to prescribe controlled substances utilize the state online database, which is meant to help these professionals catch drug abusers. This is despite an assiduous PR effort on the part of the state.

Abuse of painkillers, especially oxycodone, is becoming a growing problem. Last year, Long Island suffered more overdose deaths thanks to painkillers than heroin. The murders of four people in a Medford pharmacy in June last year brought the issue to the fore. The murderers, David Laffer and Melissa Brady, had received 12,000 pills in the four years prior.

Clearly, the electronic database cannot do its job if physicians are not using it. But other states do not suffer the same problem. 37 states update their systems more frequently -- often every two weeks, whereas New York updates its database once per month. Oklahoma is only now setting up a real time system. It is no surprise then that 60% of providers use Oklahoma's system.

Furthermore, most states allow their pharmacists to use their databases. New York does not.

For now, New York's solution is to simply send letters to doctors informing them which patients might be abusing the system. All the while, they advocate the use of the database.

Meanwhile, the Attorney General plans to introduce legislation, which would centralize the maintenance of the database and mandate use of it. This may burden prescribers and pharmacists, but others have introduced less controversial legislation to expand the system's access.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Wine Research Fraud Casts Concern On Scarce Federal Funding

Thu, 26 Jan 2012 08:00:00 EST

A researcher at the University of Connecticut has recently been charged with fraud regarding his work on the health effects of wine.

26 articles by Dipak K. Das, published in 11 separate journals, have been under scrutiny since January 2009, when his school was contacted anonymously about "research irregularities in his laboratory." 145 separate instances of falsification have been highlighted. The University has now published a 60,000 page report on Das's research, which has then been transferred to the Office of Research Integrity, an investigative bureaucracy that tracks government-granted research fraud.

Das's work was on the positive effects of resveratrol, a component in red wine that is linked to longevity in animals. This episode is not likely to affect the field of resveratrol study, however, because his work was largely peripheral.

The broader concern is that of research funding -- a scarce resource. Federal funding is getting hard to come by for health studies that truly need the cash, but Das was recently able to rake in two grants of $890,000 from the National Heart, Lung and Blood Institute, which the University is returning.

Moreover, Das is not considered to be a particularly visible researcher, although he is prolific: his name is found in 588 articles listed on Google Scholar, 117 of which are connected to resveratrol.

Hospitals of Luxury

Thu, 26 Jan 2012 08:00:00 EST

The NY Times reported last week on a growing phenomenon that has its roots deep in American history: luxury hospital suites.

Responding to "medical tourism" in places like Singapore and Thailand, where wealthier patrons pay for the most pleasant service they can find, American hospitals are striving ever more to provide star hotel-like quality.

NY-Presbyterian/Weill Cornell hospital, for example, treats patients in an exclusive wing with premium bed linens, polished bathrooms, panoramic windows, and elaborate menus. For over $1000/day, the atrium features a waterfall and grand piano. Of all of the descriptions the Times offers, the priciest room is an LA maternity ward, for $3,784.

The attraction for doctors is that this fee is on top of the medical bill and doesn't involve the tedious third-payer system. However, some raise ethical and consequential concerns. On the one hand, how moral is it to afford poorer individuals double-occupancy rooms, when others enjoy the lap of luxury, especially when "singles are now the national standard for infection control and quicker recovery." This ethical tension first became a factor at the turn of the 19th century, according to a Columbia professor of public health.

More importantly, does the occupancy of an entire wing of the hospital have any effect on those in the rest of the hospital? Recent occupations of entire NYC hospital wings by the Saudi king and Jay-Z and Beyonce have garnered sizeable complaint.

Meanwhile, the government is now cutting back on health funding, which raises other complex concerns about health incentives, as well as hospitals' public relations, which seem weak on this issue. Also hypocritical however are those patients on Medicare (which pays doctors relatively little), who also happen to be patrons of high-priced suites.

MORE INFORMATION:

If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

$1.4M Wrongful Death for Blood Clot

Thu, 26 Jan 2012 08:00:00 EST

Last week, Thomas P. Meehan's family was awarded $1.4 million from Albany Medical Center Hospital for its negligence in causing Mr. Meehan's death.

Mr. Meehan, a carpenter, was the 19-time elected municipal supervisor of the town of Windham.

He had entered Albany Medical on November 11, 2009 for hip replacement surgery. He was 61 at the time. After the operation, he was ostensibly fine: he was doing physical therapy the day after his procedure. However, the following days -- the 13th and 14th -- Mr. Meehan was showing signs of pulmonary emboli: shortness of breath and an increased heart and respiratory rate. The next day, he was gone.

It turned out he did have pulmonary embolism: two blood clots in his lungs had travelled from other areas of his body. His physician, Dr. Aniko Felligi, was accused of ignoring the signs and not ordering scans that might have saved Meehan. He might have also prescribed the anti-coagulant, heparin, for example, to lessen the possibility of clotting.

The $1.4 million is entirely economic damages. It turns out the award the Greene County Supreme Court jury determined was larger than the award the plaintiff's attorney asked for.

COMMENT:
In a failure to diagnose and recognize blood clot case, we look to see if there were indications that the doctors should have taken steps to anticipate that clots could form. If the answer is 'yes', then the next question is "What medication or treatment would have changed the outcome?"

Another challenge in this type of death case is the age of this young man. Without having a significant work history and earnings history, it becomes difficult to explain why a jury should award him lost wages that would have continued on throughout his working lifetime.

The news report does not discuss his education and whether he was in college but that also is important since statistically a college graduate will typically out-earn a non-college graduate over the course of their lifetime.

In a death case involving these types of damages, it is important to bring in an expert such as an economist to help the jury understand what the value of money is today and how it changes over time.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with wrongful deaths like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

MORE INFORMATION:

If you would like more information about how medical malpractice and wrongful death cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Bronx Awards $80M in Top Lawsuits of 2011; NY Daily News Reports

Thu, 26 Jan 2012 08:00:00 EST

According to the Daily News, the top 50 jury awards out of the Bronx in 2011 amounted to $80 million. There were over 20,000 civil lawsuits filed last year in the borough, among which construction accidents, wrongful arrests, medical errors, and car accidents gained the largest payouts. However, these figures are subject to adjustment on appeal.

The Daily News highlighted some of the cases for its readership.

$18.6 million was awarded to Christopher Peat, who was caught in a building fire in July 2003. The construction worker endured second- and third-degree burns over 60% of his body.

$13 million went to Victor Marache because he was also burned by fire, this time because a sealant he was handling spontaneously went aflame in July 2006.

$2.5 million was awarded to Yanina Rivera, whose pediatrician misdiagnosed her appendicitis. She almost died six years ago at the age of 10.

$2 million was awarded to 59-year-old Sammy Attoh, whose legs were crushed beneath a city bus. He was running to catch the bus while intoxicated. As he banged on the bus' side, he tripped and lost his legs. The investigation eventually learned that the driver's mirrors were not properly aligned.

$1 million was awarded to a man who did not want his name released. He had almost died in a scaffolding accident and calls his award, "a form of justice."

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with cases of pain and suffering like these every day. If you have experienced related problems, I can help. Pick up the phone and call me. This is what I do every day. Call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. I welcome your call.

Study: High Lead Levels Related to Hearing Loss

Tue, 24 Jan 2012 08:00:00 EST

A new study shows that moderate lead exposure is linked with hearing loss in teens. Importantly, the study's dangerous blood-metal content levels are far below those that the Centers for Disease Control and Prevention (CDC) deem acceptable: anything below 10 micrograms per deciliter.

The study looked at a nationally representative survey of 2500 teens between 12 and 19 who were given blood and urine tests and were tested for hearing. Hearing loss was defined as not being able to hear anything below 15 decibels, which is approximately a whisper. One in five of the participants had hearing loss, and the incidence was correlated with blood-lead levels. Those with more than two micrograms of lead per deciliter of blood had the most hearing loss -- 31%. (One in twenty participants fell into this category of blood-lead level -- a relatively small proportion.) On the other hand, those with less than one microgram per deciliter had 17% hearing loss.

Although studies show that other heavy metals like arsenic, cadmium, and mercury were linked with hearing loss in animals, cadmium was somewhat linked in this study, although researchers were not entirely confident on this count, and neither mercury nor arsenic were linked to hearing loss.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Few NY Doctors Use Electronic Drug Data-Part 1

Tue, 24 Jan 2012 08:00:00 EST

According to the New York State Health Department, only 2,216 (2.8%) out of 80,000 health providers throughout the state, who can prescribe controlled substances like painkillers, utilize the state online database, which alerts providers to potential abusers. The online service has been available since spring 2010 and only 47,000 providers have opened accounts with the database.

There are several reasons for this sparse use. Some complain that it is not user-friendly, is difficult to log on to, and takes too much time out of a doctor's busy schedule. Others have their own methods to catch drug abusers. Even so, the New York database is updated monthly, which means it often does not have the information doctors need. The database also does not inform doctors as to whether patients have had their prescriptions filled in other states. Finally, pharmacists don't have access to the database.

Newsday explores several opinions in the medical community. One specialist of 15 years, whose clinic sees 5000 patients per year, is frustrated with the lack of information in the system. Instead, he asks for the patient's detailed history and a contract, and only then does he prescribe medicine.

Another comparably-sized clinic heeds advice from the state but also works closely with local pharmacists.

The director at North Shore-LIJ, which sees over 10,000 patients per year, consults the database when he is suspicious of a patient.

On the other hand, Dr. Daniel Laieta and Dr. Thomas Jan of Holbrook and Massapequa, respectively, do use the system, and to some success in identifying abusers.

MORE INFO:
If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

New Tool Predicts Your Death

Mon, 23 Jan 2012 08:00:00 EST

A new online tool to approximate the date of your death is now open to the public, reports the New York Times.

Earlier this month, after publishing an explanatory article in the Journal of the American Medical Association, researchers at the University of California-SF unveiled ePrognosis.org, a centralized hub for 16 differing questions for patients and physicians to plug in answers and receive a statistical likelihood of possible dates of death, with a range between six months and five years. Its accuracy is purported to run from "moderate" to "very good," and is useful primarily for older populations.

The greatest purpose for this new tool is to aid decision makers -- doctors, patients, and guardians -- on the best course of treatment. For example, if a treatment is designed to work after 8 years but the test determines that a patient has only 5 years to live, the patient may decide against going through with the burdensome regimen, especially if it would involve side effects, more expense, tedious monitoring, and the abandonment of an alternative like hospice care -- an alternative that is far too often ignored until the patient has only days to live.

The tool's informative properties convinced researchers to release it to the public with almost no barriers to accessibility. However, despite its accuracy, they caution that it is not precise and requires a thorough knowledge of the software to achieve the most accurate results.

Variables include age, health conditions, cognitive status, and functional ability.

MORE INFO:

Greens Lately Plagued With Salmonella and Listeria

Mon, 23 Jan 2012 08:00:00 EST

The Green Valley Food Corp earlier this month expanded its alfalfa sprout recall after finding listeria contamination in some of its product.

The company's "Let's Grow Healthy Together!" brand was pulled from shelves to the tune of 6,723 cases late in December after tests showed salmonella in some packages. Early in January, 30,000 more cases were pulled thanks to new findings of listeria. The "Broccosprouts" label was also included in the latter recall. All of the cases were distributed in Texas. The FDA and Green Valley recommend that customers throw their own packages away immediately. No cases of poisoning have thus far been reported due to the sprouts.

In related news, Safeway recalled six lots of O Organic Celery Seed thanks to tests that revealed salmonella back in December. Additionally, in October, Giant Eagle's Farmer's Market had recalled its shredded iceberg lettuce for fear of listeria. No reported cases of poisoning connected with these products have been revealed.

The salmonella bacteria attacks the gastrointestinal tract and produces the symptoms of diarrhea, fever and abdominal cramps but disappears after a few days in healthy adults. However, those with compromised immune systems, including young children and the elderly, are at increased risk of hospitalization, dehydration or death.

Listeriosis causes gastrointestinal problems and flu-like symptoms in most people, as well as muscle aches, abdominal pain, nausea, diarrhea, and severe headaches. Pregnant women are at a risk of miscarriage or stillbirth, and the elderly or those with weakened immune systems may suffer more debilitating effects, including fatal meningitis or encephalitis -- both infections of the brain or spinal cord.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

$20M Wrongful Death Suit Filed Over 2010 NYC Blizzard

Sun, 22 Jan 2012 08:00:00 EST

The first wrongful death suit has been filed relating to the 2010 Christmas Eve blizzard in which New York City's lackadaisical emergency response received widespread attention.

In the middle of the storm on December 27, 75-year-old Yvonne Freeman awoke to breathing difficulties. She awoke her daughter, Laura, at her Corona home at 8 a.m. Laura attempted to reach 911 but could not get a hold of anyone. After 45 minutes, she contacted her brother and cousin who she also asked to call 911. When her mother's conditioned took a turn for the worse, she exited the home and called to her neighbors to call 911.

Emergency responders found their way to the Freemans at 11 a.m. -- three hours later -- due to the snow and unplowed streets, but Yvonne had already passed away by then.

Ms. Freeman's family filed the lawsuit, charging that poor street maintenance contributed to the death. Sanitation, Transportation, and first responder agencies were all accused of negligence. The city was blamed for failing to declare a snow emergency. Finally, the NYPD and FDNY were accused of failing to maintain and update the 911 system.

As the case now stands, the city has filed a motion to dismiss the suit due to "sovereign immunity," or the city's conditional immunity from liability.

As a practicing wrongful death, and personal injury attorney in New York, I deal with negligence and its consequences like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Advances in Colon Cancer Treatment Are Uneven

Sun, 22 Jan 2012 08:00:00 EST

Despite advances in survival rates from colon cancer over the past 20 years thanks to better screening, diagnosis and treatment, a new study shows that there is a disparity in such advances between classes, hitting blacks, indigent, and those without insurance the hardest.

The reasons are two-fold. First, poorer patients are generally not screened early enough. This is the most important factor in determining cancer survival because early stages of cancer are limited to a confined location.

Second, even when poorer patients are screened early, they take a longer time to get on the operating table because they lack insurance or they do not have good social or family support to take them to doctors' appointments or to take them home after surgeries.

For those with early detections, death rates fell 30% for whites and 13% for blacks over the 20-year period. Those with more advanced cancer had death rates fall 48.5% for whites and 34% for blacks. The most advanced cancers showed the greatest disparity: 32.6% for whites and 4.6% for blacks. The study was published by the American Cancer Society in the Journal of Clinical Oncology.

An accompanying editorial suggested several reforms. First is the universalization of colon screening, as it has been adopted in 22 states. Second is a greater emphasis on clinical trials for new cancer drugs, which have generally been withheld from poorer patients. Third is an expanded use of "patient navigators," or cancer-ward concierges, who assist otherwise often-neglected poorer patients.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Comical Billing Error Saddles NY Patients with Millions

Sun, 22 Jan 2012 08:00:00 EST

A local hospital's billing service recently fumbled its output and served many patients with an unwelcome surprise: 8-figure costs.

The billing company, PHY Services, accidentally copied the invoice number on all of their bills into the "amount due" field. The subcontractor, which works for Bronx-Lebanon Hospital, has since sent an apology letter to everyone affected. Meanwhile, PHY Services' phone recording features a notice to anyone calling about their surprising bill to disregard it and to expect a replacement soon.

The NY Daily News reported on the story earlier this week and featured patient Alexis Rodriguez, 28, and unemployed doorman. Rodriguez had gone to Bronx-Lebanon for pneumonia for three weeks in the spring last year. He knew that he was on the hook for some of the $40,000 cost his stay was worth. However, when he saw his $44,776,587 bill, he panicked and said he "almost had an asthma attack." He then called the PHY Services and was informed that he was not the only one to encounter the "system error." His actual bill would be worth $300.

The hospital spokesman was empathetic and shared the concerns of those who received erroneous billing statements. Luckily, no incidents manifested from the mistake.

Watch Your Sodium... And Your Potassium?

Sat, 21 Jan 2012 08:00:00 EST

The NY Times recently reported on new research showing the dangerous health implications of maintaining too high a sodium-to-potassium diet, because both chemicals tend to neutralize one another's biological reactions.

Data on 12,000 American adults was studied and those with a high sodium-to-potassium concentration were 50% more likely to die of anything and twice as likely to die of heart disease within an average follow-up period of almost 15 years. Other risk factors for heart disease were controlled.

The reason for this relationship, it is thought, is that sodium stiffens arteries and blocks nitric oxide, which would normally relax arteries. Potassium, instead, activates nitric oxide, thus counteracting sodium. Without the counteracting mechanism, however, stiffened arteries tend to raise blood pressure and force hypertension, which may lead to heart disease, stroke, and death. Meanwhile, the risk of high blood pressure increases for all of us as we age.

The concern boils down to the over-consumption of salt. On average, we ingest 15.5 times the required daily minimum of sodium, as set by the FDA. We also ingest anywhere from 1.5 to 2.3 times as much as the suggested maximum.

Our intake of sodium has been increasing for decades, largely due to the increased use of salt in restaurants and processed foods. Solutions abound, including having the FDA classify salt as something less than "safe." Others propose slowly reducing the amount of salt restaurants use, like in Finland, and some establishments have already agreed to follow a steady decline in salt usage. Others petition the government for greater regulations. Still others merely advise our own voluntary diets.

Headphone-Related Accident Injuries and Deaths Leap Three-Fold; New Study in Injury Prevention

Sat, 21 Jan 2012 08:00:00 EST

A new study claims accidents involving the pedestrian's use of headphones has tripled over the course of six years. The accidents studied ended in serious injuries or death.

The number of headphone-wearing pedestrian victims was 16 in 2005. Last year, the figure jumped to 47. In all, 116 such cases were found within the time period.

34 of the cases occurred after a horn or siren had blared. Half of the accidents involved being run over by a train. The researchers are concerned about pedestrians paying attention to auditory cues. However, horns, sirens, and trains should be loud enough to hear well before impact, even with headphones. But researchers seem more concerned about "inattentional blindness," which describes our disregard for external auditory stimuli when the brain is devoted to something more immediate, like music.

More than a third of the total victims were younger than 18 and two thirds were males younger than 30.

The study was published in the online journal Injury Prevention. The goal of the researchers was to do for headphone-related injuries what research has already done for cellphone-related injuries. Several of the potential elements that could not be controlled in the study include sensationalizing media bias, suicidal intentions, substance abuse, mental illness and driver error.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with accidents like these every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

If you would like more information about how accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

New Nassau County 9/11 First Reponders Clinic Opens

Sat, 21 Jan 2012 08:00:00 EST

A hospital has opened a new clinic for 9/11 first responders who live in and around Nassau County to have better access to health care tailored especially for them. Thousands of first responders (police, firefighters, paramedics, and construction workers) are now looking forward to availing themselves of the opportunity for care closer to home.

The new center is located at Winthrop-University Hospital clinic in Garden City. It is the second of its kind. The first is the Long Island World Trade Center Medical Monitoring and Treatment Program at Stony Brook University Hospital in Islandia, Suffolk, which will remain open and will continue to cater to over 3500 first responders who live or work in and around Suffolk. Both centers provide annual monitoring exams, medical treatment, and mental health services, like counseling. The Winthrop center will serve around 2500 first responders.

Terrence Meaney, 51, had worked for the Port Authority Police emergency unit and worked at ground zero for 7 months. He is relieved to have the comfort of this clinic so close to home. He says longer drives to Manhattan or elsewhere across Long Island make hospital visits more of a hassle. He is now being treated at Winthrop for PTSD and other ailments.

Paddy Dolan, 65, who also spent months clearing rubble, complained that travelling too far with breathing problems was a hazard on the road.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

The Benefits of 'Visiting Doctors' For Homebound Patients

Fri, 20 Jan 2012 08:00:00 EST

The NY Daily News recently explored a topic that should perhaps gain greater consideration in the public's consciousness: the importance and benefits of visiting doctors for homebound patients.

There are approximately 2 million chronically at-home patients in the United States, defined as those who simply cannot leave their homes. Half remain at home because of old age and frailty. The other half suffer from chronic and debilitating illness.

New York is particularly struck by homebound patients thanks to the abundance of walkup apartment buildings. These structures make travel unmanageable for many people who understandably didn't have the foresight to move to a wheelchair-accessible home in the first place. The poor are especially disadvantaged because they have fewer means to move or afford quality care to stave off illness.

Visiting doctors are today able to supply high-level care at home, with portable X-rays and blood tests, hospital-quality treatment for pneumonia and heart failure, wound care, IV fluids, and minor medical operations.

One sign that visiting care from doctors is necessary is when individuals find it necessary to schedule medical visits further and further apart. This will happen to patients who find it a burden to leave the house. Many of these patients eventually run out of medication and "coast" without them until an emergency strikes and they have to be rushed to the emergency room, which incurs even greater costs.

Falls are a common reason for the house call. Recent studies have shown that such home care is decidedly less expensive than is emergency hospital care.

New Cream can Eradicate Skin Cancers

Fri, 20 Jan 2012 08:00:00 EST

Certain kinds of skin cancer could be easily eradicated with a new, noninvasive cream treatment that has been given a 95% success rating. Researchers estimate this could cure skin cancer for up to 3,000 people each year.

The process works with an application of surgical foil on the tumor area. A radioactive paste of rhenium-188 is applied and left for one or two hours. As the compound hardens, the radioactivity attacks and destroys the tumor. After a week or so, healthy skin seamlessly regrows, leaving no traces, scars, or side effects.

The process was developed in Italy, where researchers were able to mass produce the previously rare rhenium-188. It is now being supplied from France, enough to treat thousands of patients per week.

The Italian researchers had tested 700 patients. 85% were cured of their skin cancer after one treatment. 95% were cured after three.

This process works for common skin cancers, like basal cell carcinoma and squamous cell carcinoma, which target 100,000 people per year. However, malignant melanoma, the most dangerous skin cancer, requires more invasive treatment.

Surgery is usually the go-to method. Other times, radiotherapy and tumor "freezing" is used for small cancers. But some tumors that are difficult to get to because they are located so deep or because they are near sensitive areas like the eyes. Treatments for these individuals may entail more than ten hospital sessions and serious side effects.

Further trials are now being conducted in Germany and Australia.

MORE INFO:

If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Too Much Vitamin D May Be Worse Than Too Little

Tue, 17 Jan 2012 08:00:00 EST

When it comes to vitamin D, there really is such a thing as 'too much of a thing,' at least according to a study recently published in the online American Journal of Cardiology.

One of the purposes of vitamin D is to help stave off cardiovascular disease by suppressing a linked protein, the C-reactive protein (CRP). This protein is an indicator of inflammation, which is successfully suppressed by the vitamin only to a certain point.

Johns Hopkins University surveyed 15,000 individuals between the ages of 18 and 85. Those whose blood levels increased above 21 nanograms per milliliter exhibited greater CRP levels, which is the opposite of the vitamin's purpose. 21 ng/mL is also the lower limit of what has been consider normal. Every 10-unit increase in the level of vitamin D led to an increase of 0.06 milligrams per deciliter of CRP. Researchers held obesity, smoking, cholesterol, and high blood pressure constant.

The lead researcher advised for vitamin D to be consumed, but for blood to be drawn and analyzed to monitor levels.

Prior studies have had conflicting results, which the Johns Hopkins researchers surmised was due to the nature of the vitamin, as their study illustrates.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Cantaloupe Maker Sued For Deadly Listeria OutBreak

Tue, 17 Jan 2012 08:00:00 EST

Jensen Farms, the producer of a bacteria-ridden cantaloupe crop that was recalled last year, is now being sued by several poisoned individuals and their families.

The most recent suit is a wrongful death claim from the family of Paul A. Schwarz of Kansas, who died at age 92 of listeria poisoning on December 18. The original claim was filed while Mr. Schwarz was in the hospital against both Jensen Farms and the distributor Frontera Produce. Schwartz had spent over a month in the hospital before he was transferred to a nursing home, where he died.

150 individuals in the United States have been reported sick due to Jensen Farms cantaloupe, including some from New York. 31 deaths have thus far been reported, which makes this the deadliest food poisoning outbreak since 1924.

Jensen Farms had recalled its cantaloupes back on September 14. The FDA later found their Colorado processing plant to have unsanitary conditions.

Listeriosis causes gastrointestinal problems and flu-like symptoms in most people. Pregnant women are at a risk of miscarriage or stillbirth, and the elderly or those with weakened immune systems may suffer more debilitating effects, including fatal meningitis or encephalitis -- both infections of the brain or spinal cord.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

6 of 7 Medical Errors Go Unreported; New Study Says

Mon, 16 Jan 2012 08:00:00 EST

A new study from the inspector general of the federal Department of Health and Human Services (HHS) claims that 6 in 7 Medicare medical errors slip by unreported. Over 130,000 Medicare beneficiaries in hospitals were estimated to have experienced one or more adverse event per month.

Adverse events include: "Medication errors, severe bedsores, infections that patients acquire in hospitals, delirium resulting from overuse of painkillers and excessive bleeding linked to improper use of blood thinners."

27 states now require hospitals to report on infections acquired in the hospital (up from 6 in 2005). Many hospitals have implemented reporting guidelines elsewhere. Still, most events went unreported, which means hospitals could not follow up and fix many mistakes that were made before. Reasons for not reporting errors include assuming that others would do the reporting, believing that commonplace errors do not need recording, and considering certain errors as isolated and unlikely to occur again.

What's worse, hospitals that investigate errors often don't adjust protocol to prevent similar future errors. The study, which noted that errors must be tracked and analyzed as a condition of Medicare payment, used independent doctors to pour through 293 cases in which patients were adversely affected. Only 40 cases were reported, 28 underwent hospital investigation, and 5 led to changes in practices.

Hospital executives often shrugged these stats away as not indicative of "systemic quality problems." Inspection and accrediting organizations largely do not take stock of error reporting practices.

Hospitals seem to be aware of the problem and are looking to work with the White House to solve it. Medicare, for its part, is now drawing up detailed checklists so professionals know which errors are worthy of reporting.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with medical errors like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

MORE INFO
If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

MIT Innovation to Stop Bleeding Immediately

Mon, 16 Jan 2012 08:00:00 EST

MIT claims to have made a bold step in the battle against bleeding with an innovation announced just this week.

Researchers have developed a portable sponge that does the work of a previously-used medical technology reliant on thrombin, the chemical our body naturally produces to stem bleeding. For some time now, we have had access to the agent in liquid form, but portability issues were prohibitive. Hospitals do have ready access to thrombin, but they must soak sponges in the compound first before administering it to a wound.

Now researchers at MIT have developed a work-around, so that sponges are ready-made to administer to wounds. These sponges use a "spray-on biological nanoscale coating", which consists of multiple layers both of thrombin and tannic acid, which is film that holds the thrombin to the sponge. Moreover, this thrombin has "a shelf life that makes it feasible to pack them into a field." This means soldiers will now have access to thrombin, as opposed to tourniquets, gauze, and other glues and chemically treated bandages, which have all suffered from serious limitations. This also means we may have access to thrombin in our homes.

The FDA has already approved the invention. MIT is now looking to create a thrombin sponge with an antibiotic layer as well to kill two birds with one stone.
MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Compassion Fatigue Affecting Nursing Care

Mon, 16 Jan 2012 08:00:00 EST

The Wall Street Journal recently tackled "compassion fatigue," the condition medical professionals sometimes encounter when they suffer emotionally-draining events -- in conjunction with general burnout. It's like the post traumatic stress disorder of the hospital, and has serious consequences for patient care. The medical community is now actively combating the phenomenon.

Medical professionals, especially nurses (which the WSJ article focuses on), upon witnessing enough suffering, slip into a depression that may affect their own health and well-being. It can also "reduce nurses' empathy and lead them to dread or even avoid certain patients." This prevents them from developing a relationship that makes assessing health problems that much easier. Moreover, nurses' introverted or disagreeable attitudes may discourage patients from asking for help.

Compassion fatigue has been linked to poorer quality care, more sick days, and greater turnover. Over a quarter of out-of-work nurses reported encountering variations of compassion fatigue, according to a 2008 study. Increased death rates and slipping patient safety have also been tied to the same phenomena.

The medical community is pushing back, however. Independent nursing coalitions have been busy setting up nation-wide workshops and providing information over the internet. The workshops include meditation, physical stress-reduction exercises, and discussions. Support groups and staff retreats are also being organized and hospitals are setting up successful internal programs to help their staff to cope.

MORE INFO:
For more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Over-drugging Developmentally Disabled Patients, Part 1 of 2

Fri, 13 Jan 2012 08:00:00 EST

A recent NY Times review exposes massive drug abuse at institutions for the developmentally disabled. The paper surveyed newly-released records and interviewed experts, professionals, and family members of patients with conditions like autism, Down syndrome and cerebral palsy.

The fundamental conflict is that individuals with mental retardation often exhibit disruptive behavior like impulse control, anxiety or attention deficit. Psychiatrists and psychologists advocate addressing the source of the problem through therapy and personalized guidance rather than through the institutionally-preferred method of attacking symptoms with psychotropic drugs, which affect the brain's chemistry and may cause powerful side effects. NYS now administers "tens of thousands of powerful pills" like these daily.

It is worth mentioning that the developmentally disabled are more prone to mental illness, thereby requiring psychotropics, but diagnoses were often not utilized and when they were, overmedication resulted anyway. Moreover, low-level employees were often given wide discretion in administering medication.

Reform seems to be taking root thanks to the Times' investigation. The Office for People With Developmental disabilities is implementing new oversight rules, new drug-tracking software, and a new office -- a chief of pharmacy -- to coordinate drug use.

Reformers have their work cut out for them. Four of the top ten medications given to the developmentally disabled in NY are psychotropic. They are often given psychotropics instead of adequate multivitamins. Risperdal is the second-most used drug, although a 2008 study showed it was less effective than were placebos. And because so many drugs are given to patients, it is difficult to then identify which work, to later cut dosages.

The law, meanwhile, prohibits medication to be given for any reason beyond absolute need, but oversight has thus far been weak.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Family Gets $7.6M After Father's Death From Neglected Gallbladder Surgery

Fri, 13 Jan 2012 08:00:00 EST

The wife of a man who died after a Flushing hospital postponed his gallbladder surgery by accident received $7.6 million from a Queens Supreme Court jury on December 23.

Nam Lee, a Korean immigrant, died at the age of 60 at New York Hospital Queens. He arrived at the hospital on June 18, 2008 for gallstones and was supposed to have his gallbladder removed the next day. Unfortunately, his name was not on the surgical schedule, so they had to postpone, but his name was not there the following day either. When he was finally ready for surgery, Lee's health had declined substantially and he could not go through the operation. He died the following day.

His wife, Young Sook Lee, 59, who works full-time, is grateful for the jury award. She looks forward to using it for her daughter, Jae Yon Lee, 32, who is mentally ill with epilepsy. She was previously taken care of by her father, who was a salesman, and could afford to take her with him to work. Since his death, she had taken up residence in a series of state hospitals and group homes. Lee also left a son, age 35, who says they will use the funds to buy 24/7 care for his sister.

The hospital's attorney admits they were in error, but he plans to appeal the case because he believes the verdict was too high.

OBSERVATION:

This case dealt with the failure to timely perform a necessary surgery. The question that will always arise in these cases is: "If the patient had undergone the surgery, would his outcome be different?" If the answer is yes, then there is sufficient reason to award damages. If however the answer is no, then it would be difficult to justify such a jury award.

Many of the gallbladder malpractice cases involve a technical deficiency during the course of surgery. Sometimes the wrong part of the anatomy is clamped off causing bile to leak out which can be fatal if not detected early and corrected.

MORE INFO:

If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Over-drugging the Developmentally Disabled with Psychotropic Drugs, Part 2 of 2

Fri, 13 Jan 2012 08:00:00 EST

The NY Times has recently uncovered widespread psychotropic drug abuse at facilities for the developmentally disabled but they aren't the first.

The NYS Health Department has complained about each of the state's nine large residential facilities each year for the past five years. One institution fed a patient three different psychotropic drugs without evident justification. A similar tale was told at a different institute, where a patient was on a diet of seven psychotropic pills and Benadryl. Inspectors "could not even figure out what behavioral problems were being treated with" certain drugs at another facility. Non-profits were also irresponsible: one location was cited for 11 violations of misusing drugs over the course of 6 years.

The Times highlighted two stories. Katie Strignano, 26, was given three times the daily dose of Clonidine her mother had signed off for, after the records were adjusted. Clonidine, along with four other drugs, led Ms. Strignano to begin "gaining weight, drooling, breaking out in pimples and pulling out her hair, leaving a bald spot the size of a softball on her head."

In the Finger Lakes region, Taraneh Vargha's sister was on such a regimen of drugs that, "her hands would shake, her body temperature fluctuated, her heart raced and her chest ached." She suffered from tardive dyskinesia, a condition of involuntary repetitive motions, often correlated with a high intake of psychotropic medicine. Concern was great among state officials, who noticed both her inconsistently shifting diagnoses and that she was receiving three times the rate of Geodon than was allowed by the FDA. But after nothing was done, Ms. Vargha finally pulled her sister home about three months ago and she is now struggling to recuperate.

MORE INFO:

If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I encourage you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

When Patients Overstay, Other Patients Lose; NY Times Reports

Thu, 12 Jan 2012 08:00:00 EST

The NY Times recently wrote of the problem of "permanent patients" plaguing the coffers of hospitals across the nation, thereby draining resources for other, more needy patients -- a pressing concern as hospitals are now looking to cut costs anywhere they can.

Permanent patients are those who are not turned away because they lack insurance, housing, and/or identification, and discharge requires this kind of information. Patients must be treated at least "until they can be discharged safely," according to an assistant vice president of patient services at New York Downtown.

Most permanent patients are illegal aliens, but others include a more colorful demographic: "pop drops," or elderly parents, are dropped off by their children so the children may go on vacation. Some patients stick around for months or years, even if they are well enough for discharge to a nursing home (or elsewhere), which would require identification. Those who remain past their time often remain longer than five years, according to a senior VP of the NYC Health and Hospitals Corporation. One wheelchair-bound patient was highlighted to have spent 13 years in a Queens facility.

300 patients are estimated to be permanently stuck in NYC area hospitals. Most of this occurs in public hospitals, though it is sometimes found in private clinics. Although Medicaid usually pays for emergency care for illegal immigrants, it is not set up for continuing care. Hospitals end up spending millions annually on this practice: just one patient incurs over $100,000 of cost per year.

Meanwhile, hospitals are reluctant to complain openly about this for fear of obtaining reputations of callousness.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Speedy Hospital Discharges Counterproductive

Thu, 12 Jan 2012 08:00:00 EST

US hospitals may want to pay attention to patient discharge statistics in foreign nations, because the record there is significantly more positive.

A recent study out of the Journal of the American Medical Association (JAMA) claims that American hospitals tend to discharge heart attack patients sooner than foreign hospitals do, but patients also tend to be readmitted much more often. Over 5,500 patients who had suffered from STEMI were surveyed. STEMI (ST-segment elevation myocardial infarction) is a severe heart attack, in which the coronary artery is fully blocked. US STEMI patients were usually discharged from hospitals before three days were up. In contrast, 16 other nations (Canada, Australia, New Zealand, and 13 European countries), take at least six days to discharge their patients.

The results are clear, according to the study. Fewer than 10% of foreign patients needed to return within 30 days, but 14.5% of American patients did. Readmissions have health implications. Infections, for example, slow recovery from heart attacks. Readmission also tends to pair patients with new medical teams, contributing to possible "handoff miscommunications," which refer to the transfer of a patient to new medical professionals, during which time crucial information may be lost.

However, in the interest of keeping costs low and of retaining high quality ratings, it should not be a surprise to see nearby hospitals begin to take this new study strongly into advice.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Painful Infection Imprisons Patient in Hospital

Thu, 12 Jan 2012 08:00:00 EST

In March of 2010, Paul Dlug broke his hip and would spend the following year in pain and frustration, recovering from a post-operative infection he contracted at John T. Mather Memorial Hospital in Port Jefferson.

Dlug, 66, had been dancing when he fell over a chair and was rushed to the hospital for hip-replacement surgery. The open cut likely accepted staphylococcus bacteria from his skin, where bacteria is usually innocuous until it explores the blood stream.

Dr. Geoffrey Westrich, co-chair of the hospital's infection control committee and the man who supervised the infection's removal, explained the nature of the infection. Although bacteria is often fought with antibiotics, this bacteria was able to stick to the artificial hip and form a protective layer of slime. The way out was therefore to remove the artificial hip. In order to do so and prevent the bacteria's recurrence, the operation had to take place over many weeks until the hip was replaced again.

Meanwhile, Mr. Dlug's suffering was acute. First, he was consigned to 38 days in three hospitals after the surgery. Eight weeks were spent on antibiotics, another eight weeks were in a wheelchair, and another eight weeks were in physical therapy. His leg was in "excruciating pain" as long as the infection remained.

Still, Mr. Dlug remains magnanimous. He does not blame Mather Hospital and understands that they did their best.

Not all patients are as forgiving as Mr. Dlug. In fact, I often receive calls from patients who claim they aquired hospital-based infections including MRSA and want to know if they can sue. The answer often surprises them. Unless there is evidence the hospital knew or should have known of the infectious outbreak and failed to take action to minimize, reduce and/or eliminate the threat of infectious spread, then bringing an action in NY may be challenging. Each case is different and requires a thorough investigation and confirmation by a medical expert to fully determine whether you may have a valid basis to bring a lawsuit.
MORE INFO:
If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Cancer Survivability Drops with Medicaid; New Study Says

Thu, 12 Jan 2012 08:00:00 EST

A new study on Medicaid, due to be published next month, bodes unfavorably for the insurance program. Survivability rates were weaker for Medicaid patients with cancer than for non-Medicaid patients, including those without any insurance at all.

The study, undertaken by researchers in Ohio, will be published in the journal, Cancer. Eight curable cancers including melanoma and lung cancer were studied and figures was pulled from the Ohio Cancer Incidence Surveillance System and Ohio Medicaid enrollment data. 11% of those studied were Medicaid beneficiaries. 45% of those enrolled in Medicaid only after their cancer diagnosis.

In Medicaid's favor was information showing that those recipients, who were enrolled prior to the diagnosis, had higher rates of survivability than were those not enrolled ahead of time. The researchers conjectured this was due to their ability to "develop a network of providers and an ability to navigate the system." For example, earlier studies indicate that longer enrollment in Medicaid affords greater leverage to access cancer screenings like mammograms.

But the glaring tale that private insurance and having no insurance at all determines better outcomes for those studied than does Medicaid is a terrible sign. This result held even after variables like geography, education, and income were controlled. The study does not offer any answers for the result but cautions that they were unable to control for whether Medicaid patients are more prone to pre-existing conditions or if their support system is less abundant than others.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Fire Consumes Nine Businesses in NY

Thu, 12 Jan 2012 08:00:00 EST

Last week, Inwood suffered a great fire, which destroyed nine businesses and flooded five others on a packed strip of stores. Luckily, no one was hurt from the overnight blaze, but the damage is extensive.

The NY Daily News reports that businesses affected include "Bread and Yoga studio; Burhan Hardware; Furry Friends; Splash Laundromat; Bank of America and Citibank, and a dentist and lawyer's office." They detailed one shop -- a pharmacy -- which ruined much of what pharmacist Manny Ramirez, 43, worked his whole life to achieve.

From the age of 13, Ramirez had worked as a stock boy at Dichter Pharmacy for his mentor, the prior owner George Liebmann. His earnings supported him through pharmacy school. Four years ago, Ramirez was able to take over the two-floor business. He would work six days a week to support his wife and baby girl and he is now desperate to have the pharmacy back.

The fire consumed the strip on Tuesday, January 3, from 11pm to 2:48am, when 138 firefighters from 33 units put the flames out. Two firefighters sustained injuries. The fire began in a Chinese restaurant on the strip, located on Broadway and 207th street. Sources believe the cause was due to "illegal nighttime welding," and an investigation is ongoing.

Local officials have pledged to work with the businesses to offer expedited insurance services and pro bono legal help.

A few years ago I represented a family whose apartment was totally destroyed by fire and water damage. The fire had started as a result of a roofing company improperly performing roofing on a large apartment building in Queens. This family had such extensive damage and no property damage insurance.
Despite bringing a lawsuit against the company that negligently started the fire on the rooftop, they fought this case tooth and nail. It was only after all depositions (question and answer sessions under oath) were completed did they begin to negotiate. I am happy to report that I was able to successfully resolve their property damage claim.
MORE INFO:

If you would like more information about how accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Lung Complications in Newborn Linked to Pesticide Ingestion During Pregnancy

Sun, 08 Jan 2012 08:00:00 EST

A new study has identified the ingestion of a pesticide in pregnant women to be positively correlated with respiratory complications, like pneumonia, bronchitis, or wheezing in the newborn.

The pesticide, known as DDE, is a broken-down compound of the notorious DDT. It may be absorbed through food ingestion or through breathing.

DDT was once commonly used to fight malaria but health concerns eventually pulled it off the US market in 1973. Its symptoms range from seizures to vomiting, according to the CDC. In 2006, the WHO gave its nod to the use of DDT only along the inside walls of buildings, so that mosquitoes would die upon coming into contact with sprayed walls.

As it stands, it is difficult to avoid contact with DDE or DDT, at least at moderate levels. These chemicals are stored in fats and are found more often in species higher on the food chain. The lead author of the study suggested to cut down on fatty foods to stay away from DDE.

The study, published in the European Respiratory Journal, is the largest of its kind. It followed 1455 pregnant women in Spain, 1342 of whom gave birth successfully. The women were monitored for exposure to three different pollutants and the babies were surveyed within their first year for breathing or lung issues. 35% were found to have developed a lung infection and their risk was correlated with the levels of DDE in the mother. Low levels of DDE would have garnered an estimated 30% infection rate.

MORE INFO

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Two Construction Collapses, Two Deaths

Thu, 05 Jan 2012 08:00:00 EST

Two collapsed-building accidents took place in New York City at the tail end of the year, each claiming the life of one construction worker.

The first one took place shortly after noon on October 29 in the Bronx. Muhamed Kebbeh, 51, was working with two other colleagues on "active demolition" in the building's basement. Around 12 pillars came loose and the two-story building came crashing down on only Kebbeh, who was in the basement. The other workers were safe. Within 10 minutes, about 50 firefighters arrived at the scene, where they dug the victim out from six feet of rubble. He was immediately taken to Jacobi Medical Center, where he soon died.

The second collapse occurred on Tuesday, November 8, in Brooklyn, where four workers were trapped below corrugated metal (partially-folded sheets) and fresh concrete. Three of the workers were rescued and were taken in stable condition to Lutheran Medical Center. One other escaped the collapse and did not need treatment. However, the fourth man beneath the rubble did lose his life. The Department of Buildings offered their initial guess that the cause was a faulty method of pouring concrete: from the top, down, rather than from the bottom, up.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Injured FDNY Firefighter Loses Disability Petition Years after Brutal Bar Fight

Thu, 05 Jan 2012 08:00:00 EST

The New York State Court of Appeals last month rejected a firefighter's appeal to receive extra disability benefits eight years after a New Years bar brawl left him with a cracked skull.

Robert Walsh, now 48, formerly from a Tottenville, Staten Island, firehouse, was hurt on December 31, 2003. He had engaged in an argument in the firehouse kitchen over Elvis Presley's date of birth either with his assailant, Michael Silvestri, or with someone else. The argument escalated and took a turn for the worse when Walsh accused Silvestri of selfishly scheduling his days in a manner that forced three others to work through Thanksgiving weekend. Silvestri then threatened to hit Walsh with a chair and eventually did so when Walsh, presumably facetiously, coaxed him while his back was turned.

Silvestri was sentenced to a year in jail in 2006 for felony assault. Walsh had suffered neurological damage and won a $3.75 million settlement from the city. In 2005, Walsh was given standard disability retirement benefits, which amount to half of his last year's salary, minus tax.

In 2007, he petitioned for higher accidental disability retirement benefits, or 75% of his last year's salary, tax-free. The issue was whether an intentional assault could be a contractually-recognized accident. The Pension Board denied the petition with a tie vote in 2008. Later that year, Walsh's appeal in court was declined, as it later was by the Appellate Court. This December, the NY State Court of Appeals declined his petition as well.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Staten Island Plastic Surgeon Has License Revoked-Imminent Danger To Patients

Thu, 05 Jan 2012 08:00:00 EST

According to a report in the NY Post, Dr. Robert Cattani, a cosmetic surgeon from Richmond County, Staten Island, has recently had his license suspended after a long history of leaving his patients 'maimed and disfigured'.

Over the course of 30 years, Cattani had been sued no fewer than 40 times, while authorities and advocacy groups managed to do absolutely nothing about it. The state Health Department and the Center for Medical Consumers, a non-profit group, admit that the writing was on the wall for a long time. The Office of Professional Medical Conduct was notified of complaints as early as 2003.

Earlier this December, however, New York Health Commissioner Nirav Shah suspended Dr. Cattani's license. A disciplinary board is now holding a hearing on his case, which may lead to a permanent suspension or revocation of his license.

Examples of Cattani's infractions are harrowing. In 2005, a preschool teacher lost sight in one eye after an eyelid lift. A 2007 liposuction resulted in a perforated bowel. In 2009, a woman left her lower-face-and-neck lift operation with thick scars painful enough to keep her awake. A 2010 tummy-tuck operation ended in life-threatening blood loss and kidney failure. Cattani was accused of blocking EMS from assisting at the time.

Dr. Cattani is known to have been very successful, sporting lavish homes in Long Island and Florida. However, in addition to his recent medical difficulties, he has also run into debt troubles with the IRS and ex-accountants.

Two key issues arise when a doctor loses his license to practice and when he has a history of so many prior lawsuits against him.
1. “ If I have a valid case against this doctor, can we tell the jury at trial that he has lost his license to practice medicine?”
The short answer is yes.
The longer answer is that although we may be able to let the jury know that the doctor is no longer practicing medicine and had his license revoked by the New York State Department of Health, we may be unable to explain to the jury the underlying reasons why his license was revoked.
2. "The fact that the doctor has been sued 40 times, can we use that information at trial to show a pattern of neglect in my case?”
The answer will surprise you. The answer is no and here's why.
Let's say you get pulled over by a policeman for speeding. He checks your license history and learns that you were ticketed for speeding five times within the past year. Does your past history of speeding automatically mean that you were speeding in this instance? It might indicate a pattern of speeding, however you might not have been speeding in this case. Do you want the cop to automatically assume you were speeding because of your 5 prior speeding tickets?
The mere fact that the doctor has been sued so many times does not necessarily mean that he departed from good care in your case. It might, but we have to show to the jury that, more likely than not, the treatment you received was inappropriate and caused you significant harm.
If some of the doctor's prior cases went to a jury verdict and a jury determined that he was responsible for injuries and became legally obligated to compensate those victims, then we can likely use that information at the time of trial.
In addition, if the doctor has given testimony at a deposition, also known as a pretrial question and answer session, we can use that testimony to contradict what he might say at the time of your trial.
If we try and insinuate that simply because the doctor has been sued so many times before, that automatically means that the treatment you received was improper, the defense attorney will raise numerous objections and it is guaranteed that the trial judge will sustain those objections and not allow the doctor to answer those questions. If we persist in asking that line of questioning, the court will likely view that as trying to prejudice the jury into believing that your current treatment should somehow be influenced by his past legal troubles.
If your attorney persists with that line of questioning and the jury ultimately makes an award in your behalf, that line of questioning may be grounds for reversal of your award.
MORE INFO:
If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

$7M for Brain Damage after Drowning

Sun, 01 Jan 2012 08:00:00 EST

A settlement was agreed to last Tuesday, December 20, for $7 million, which will go to a woman who had drowned in a pool in Buffalo, NY, in August 2009 and suffered brain damage as a result.

Jannette Morales, 37 at the time, was swimming in Rees Street pool in the middle of the afternoon. The pool was crowded and lifeguards were on duty, but it was her son who pulled her floating body out from the water without help from either of the lifeguards.

The County attorney believed the settlement to be less than what a jury would hand down if the county was found liable for improperly training and supervising the lifeguards. The trial was scheduled for January.

The trial would have included accusations that the lifeguards were distracted by conversation and texting, while many of the pool's occupants were engaged in prohibited acts. The lifeguards' attention and perhaps timely CPR might have saved Ms. Morales. The County, on the other hand, would have argued that her history of seizures and failure to notify the lifeguards both caused her drowning and failed to direct the lifeguards' special attention to her.

Erie County is now on the hook for the award. Its payout fund was set to be between $6 million and $9 million next year, and the County is looking to borrow the money to pay off this case for now. Meanwhile, the administration is in a court battle with the city of Buffalo over who is really liable for the payment. A State Supreme Court has already sided with the city; that Erie County must pay. That decision is now being appealed.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with the results of negligence like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help. If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Unlikely Cancer Cures Receiving Attention

Wed, 21 Dec 2011 08:00:00 EST

Two potential cancer cures from unlikely sources, both utilizing unique methods, are making news this month.

Israeli scientists are working on 'cluster bombing' tumors with radiation from within. Tests have been promising.

The researchers inject tumors with alpha particles, which emit short-range radiation. As each successive cell is irradiated, the radiation then expands with greater range. This is the 'cluster bomb' effect. After about ten days, the tumor is eliminated.

The waste results are also promising. All alpha particles eventually disintegrate. Only non-radioactive and non-toxic traces of lead remain. The wire implant, which is left from the original injection, also decays without problem.

Most exciting, perhaps, is the rate of recurrence. Researchers used mice for their trials. One group of mice had their tumors removed manually while the second group was treated with this cluster-bomb radiation. Tumor cells were then reinjected into both groups. The first group's rate of recurrence was 100%, while the second group's rate was only 50%, suggesting an immunizing quality.

Tel Aviv scientists have had success with lung, pancreatic, colon, breast, and brain cancers, and are looking to begin clinical trials soon.

A wholly different procedure is being developed across the United States. This procedure involves attaching gold nanoparticles to cancer cells and having them induct external microwave radiation to kill the tumor. The technique was developed by John Kanzius, a cancer victim, who had had a fascination with radio waves all his life. Preliminary tests have also been extremely promising. Just this week, manufacturers have unveiled large machines for tests with larger animals.

MORE INFO

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Salmonella Recalls and Settlements in Recent Weeks

Wed, 21 Dec 2011 08:00:00 EST

A salmonella scare forced a cilantro recall at Pacific International Marketing last month, on the heels of two other salmonella-related stories the month before.

The first of these involves dozens of settlements over egg poisonings that began in July 2010. Back then, 1,900 people fell ill to salmonella. The November settlements with Wright County Egg and Hillandale Farms of Iowa are the first wave of settlements regarding the outbreak, in which 40 victims have thus far been compensated. Most details remain hidden, but three settlements for children from Texas, California, and Iowa were made public. Their total reaches $366,000 and the largest payment was $250,000 for a 3-year-old who was hospitalized for a week.

Just days after the settlements, Smucker's peanut butter was recalled due to salmonella. Three thousand jars were recalled, while 16,000 potentially contaminated jars remained warehoused. The recall coincided with the last week of the product's sale. No illnesses were reported among the 24 states it was distributed to, including New York.

And just weeks later and earlier this month, Salinas-based Pacific International recalled 6,141 cartons of cilantro after the Food and Drug Administration (FDA) tested a sample positive for the bacteria. No one has yet been reported with the disease, which is feared for cilantro bought between November 16 and December 10. The potentially-tainted product was distributed in seven states. The Pacific recall is being coordinated with the FDA and California's Department of Public Health.

The food-borne bacteria attacks the gastrointestinal tract and produces the symptoms of diarrhea, fever and abdominal cramps but disappears after a few days in healthy adults. However, those with compromised immune systems are at increased risk of hospitalization, dehydration or death.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with hazards like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Painkillers Influence Some Birth Defects

Wed, 21 Dec 2011 08:00:00 EST

Over-the-counter painkillers like Motrin, Aleve, and Aspirin have been tied to several rare birth defects in a new study conducted by the Centers for Disease Control and Prevention (CDC). The risks remain small, but the correlation is evident.

The CDC used information available in a National Birth Defects Prevention study and published the findings in the American Journal of Obstetrics and Gynecology. The data included 15,000 women who gave birth to children with birth defects and 5,500 women who gave birth to children without.

For the children of women who took the above-mentioned painkillers, the risk of cleft palate -- a facial deformity -- rose 30-80%. The risk of spina bifida -- an improper development of the spine -- rose by 60%.

These figures, however, do not prove causation, although the correlation is striking.

Moreover, the incidence of these birth defects remain low, even if the risk is increased substantially. For example, babies born with no eyes of with small eyes that often cause blindness were three times as likely to be born to women who took Aspirin or Aleve. But this defect occurs in one of 5300 US births. Similarly, babies born with amniotic band syndrome, which often leads to deformations like clubfoot, were three times as likely to be born to women who took these painkillers during pregnancy. But this defect occurs in one of 10,000 US births.

MORE INFORMATION

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Obesity Takes Dive in NYC

Tue, 20 Dec 2011 08:00:00 EST

Childhood obesity rates have plummeted in New York City according to a new study by the Centers for Disease Control and Prevention (CDC). These levels of weight loss, though not uniform among different demographics, are uniquely high.

The Morbidity and Mortality Weekly Report released last week shows that obesity rates have fallen at a rate of 5.5% in NYC from 2006 to 2011. The overall rate has fallen from 21.9% to 20.7%. Children from kindergarten through eighth grade were tested.

When controlling for age, kindergartners, 5-6 years-old, lost the most weight (9.9%). By race, white children lost the most weight (23.6%), and were distantly followed -- in order -- by Asians, blacks and Hispanics (6.6%). Also, the more impoverished lost less weight than the least impoverished.

Earlier this year, California reported a slighter drop in weight (1.1%). Still, California suffers a 38% obesity rate statewide. Meanwhile, a study last year published in the New England Journal of Medicine, saw a 4% drop in childhood weight, as well as a marked change in body mass index and insulin levels among those kids engaged in school programs of healthy food and exercise.

The hypothesis regarding success in New York is its recent push for better nutrition and more exercise in school. Those at risk of obesity are also monitored by school nurses, who notify parents.

Are Forceps Deliveries Safer? New Study at John Hopkins Explains

Tue, 20 Dec 2011 08:00:00 EST

A new study puts into doubt the idea that forceps are more dangerous for delivering newborns than are vacuum deliveries or C-sections, even though the trend has lately been away from forceps.

The study, out of Johns Hopkins School of Medicine, researched 400,000 births to first-time mothers. The seizure rate among newborns was 45% lower among forceps-delivered babies (0.12%) than those delivered from C-sections or vacuum (0.3%).

However, rates of brain hemorrhage were lower among C-section babies (0.1%) than for those born of forceps (0.14%) and vacuum (0.19%). Also, risks like vaginal tearing are lower for C-sections than for forceps or vacuum births.

On the other hand, seizures generally cause longer-lasting damage to the child than do hemorrhages, and the overall chance of seizure is much higher with C-section or vacuum.

This information questions the trend that obstetrics has been taking away from forceps. In 1990, forceps were used in 5% of deliveries. By 2007, that figure had steadily declined to less than 1%. Vacuum-assisted births, on the other hand, reached 6% in 2003. By 2007, C-sections also went up to a third of all deliveries, from 21% ten years earlier.

The research team believes this trend may be because medical schools have focused less and less on forceps, but it is not clear why that should be the case, especially without any evidence pointing to the danger of forceps.

This all, of course, makes consulting with one's doctor about a contingent method of delivery something of an uninformed discussion.

MORE INFO

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Upstate NY Court Awards $2M to Man Contaminated by Asbestos

Tue, 20 Dec 2011 08:00:00 EST

Earlier this month, a man from Niagara Falls was awarded $2 million by a State Supreme Court jury for an asbestos case he filed about one year ago. His asbestos exposure has led to a rare form of mesothelioma cancer.

66-year-old Gerald Failing began work at Durez Plastics in 1966. The factory was located in North Tonawanda, between Niagara Falls and Buffalo, NY. The company made industrial resins and molding compounds. Mr. Failing worked in the compound department, making granulated plastic molding compounds out of raw asbestos fibers, which he poured and mixed. This process released asbestos into the air, creating a visible cloud of dust, according to court records. This was ostensibly the inception of Mr. Failing's contamination. He left Durez Plastics in 1978 and retired in 1990.

Some of the asbestos materials were supplied by Hedman Resources Ltd., an asbestos mining operation out of Canada. Hedman was found by the court to have exhibited "reckless disregard for the safety of others," because it did not warn any of the workers about the dangers of the asbestos.

Hedman was handed 100% of the liability for Mr. Failing's peritoneal mesothelioma, which he was diagnosed with in 2010. Mr. Failing's case was expedited over the course of the last year because of the nature of his illness.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with dangerous hazards like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help. Pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

MD fined $10,000 for charging $66 fee

Tue, 20 Dec 2011 08:00:00 EST

A fire department surgeon was hit by the state with a $10,000 penalty of for refusing to charge only $.75 cents per page for copying costs.

In New York, every patient is entitled to obtain copies of their own medical records. The doctor's office is entitled to charge copying costs of no more than $.75 per page. That's the law. They are not allowed to charge processing fees, administrative fees or any other type of nonsensical fee associated with copying and providing copies of the patient's records.

Dr. Pierce Ferriter, an Upper East Side orthopedic surgeon also affiliated with Lenox Hill Hospital, demanded a flat fee of $100 for the patient to obtain his own records. According to the NY Post news report, actual costs would have been $33.75.

We see this nonsense happening routinely when we request copies of medical records for injured victims when we investigate a possible case. The doctors and staff routinely request either flat fees or administrative fees that are inconsistent with the law in New York.

Reminding the doctor's office that they cannot charge such fees often resolves the problem.

This is the first time I've seen the State take action against a doctor in such a drastic fashion by penalizing him $10,000 for not complying with state regulations. I think the next time a doctor's office sends us an outrageous bill for copying costs, we are going to send them a copy of this New York Post article.

E. Coli and Other Scares Mar December Shopping

Sun, 18 Dec 2011 08:00:00 EST

Several food-related scares have jostled the food and retail industry over the past month. Just this week, Rhee Bros Inc. recalled Assi rice cakes due to undeclared egg. State inspectors in New York found the unmarked packaging, which may potentially harm those allergic to eggs.

Less innocuous is the study published by the CDC, implicating E. coli in 2009's cookie dough illness. 77 people in 30 states fell ill to the bacteria, half of whom were hospitalized that year. The problem, according to the CDC, is that cookie dough manufacturers are not under enough pressure -- regulatory or financial -- to make their raw flour safe for consumption. (This is in contrast to eggs, molasses, and sugar, which are manufactured to kill bacteria.) Meanwhile, consumers enjoy the pastime of eating raw cookie dough while baking. The CDC hopes to change both concurrent behaviors after this study.

Also concerning is the discovery by the CDC last week that a multistate outbreak of E. coli poisoning over the past several months is due to romaine lettuce from a single farm. The outbreak hit 60 individuals in 10 states, and most of the complaints were traced back to Schnucks outlets.

Earlier last month, on November 17th, Ready Pac Food Inc. also recalled its own romaine lettuce after USDA investigators found E. coli in tested products. It is unclear whether the two E. coli-romaine lettuce outbreaks are related.

E. coli is a bacteria that attacks the gastrointestinal system. Most people feel better after a week but some people, especially infants and the elderly, are at risk of hospitalization and sometimes death.

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Nassau Police Officer Loses Life in Off-Duty Crash

Sun, 18 Dec 2011 08:00:00 EST

Long Island is in mourning this week for a police officer found dead after his car veered off the road this Tuesday, December 13. The cause of the crash is still unknown.

Nassau County correction officer Frank Milano, 36, was driving west on the Southern State Parkway toward his home in Elmont, when his car had lurched into a group of trees in the center median or off the side of the road, according to conflicting news reports. The accident occurred at 12:01 a.m. in South Hempstead. Police said Milano, who had just left work for the evening and was driving a Toyota Camry, was pronounced dead at the scene.

The westbound lanes of the parkway were shut down for almost three hours until 2:50 a.m. for a preliminary investigation. The investigation is ongoing.

Milano had been part of the sheriff's department for seven years at the county correctional center in East Meadow. There, he worked in the general housing security unit.

Services were held this Thursday and Friday. His funeral was held on Saturday. His fellow officers and department remember him as an upbeat and dedicated professional. He leaves behind a young son.

As a practicing wrongful death, and personal injury attorney in New York, I deal with tragic accidents like this every day. If you would like more information about how wrongful death and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Bronx Boy Chokes to Death in School Cafeteria

Sun, 18 Dec 2011 08:00:00 EST

A freak accident took the life of a 9-year-old Bronx boy last week at PS 47 in Parkchester. Fourth-grader Jonathan Jewth lost consciousness in the cafeteria thanks to two meatballs that were stuck in his throat. Earlier this week, his family took him off life support. Strikingly, none of the workers in the cafeteria knew how to help Jonathan.

Andrea Perez, 25, had come to pick her daughter up from school just after noon when she witnessed the boy fall to the ground, motionless. She saw lunch aids yell at the unconscious boy to force his fingers down his throat, but he was already out by then, so Perez called 911. Another parent heard her screaming into the phone and rushed over to inspect the situation. She attempted to dig for the meatballs and was able to get one out, but the other remained stuck.

When emergency personnel arrived, the boy was rushed to Jacobi Medical Center. He suffered a heart attack and lost the ability to breathe. He then went into a coma and suffered severe brain damage. By this Monday, December 12, his family decided to take him off life support. His wake was held on Friday.

COMMENTARY

School personnel, in some instances, may be required to have basic first aid skills. Why nobody from the school attempted to perform the heimlich maneuver is unexplained in the news reports. Neglect or carelessness may have contributed to the injury and tragedy this boy suffered, but more information would be needed to come to that conclusion. Hopefully, the school will fully investigate into why one of its students died when there were school personnel standing around who didn't know what to do and were not capable of recognizing a child in distress.

If you would like more information about how wrongful death and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

NYC: Two Consecutive Fatal Pedestrian Accidents

Sun, 18 Dec 2011 08:00:00 EST

Two fatal pedestrian accidents involving a truck and a bus rocked Brooklyn and the Bronx early last week.

On the morning of Tuesday, December 6, Milo Montivilla, 57, was struck by a Reliant Transportation school bus in North Riverdale at 6am. As he crossed Broadway, the bus hit him while making a turn off of Moshulu Avenue. The bus seats twelve, but no other occupants were inside at the time.

According to witnesses, Montivilla was trying to catch his own bus when he was hit. He was then dragged down the street. Onlookers rushed toward the bus to stop the vehicle. Eventually, the bus made a stop but the victim was reportedly stuck beneath the bus for ten minutes. When cops arrived, Montivilla was rushed to St. John's Riverside Hospital in Yonkers. He passed away at 6:45 am.

The driver, who is not expected to be charged, was overheard telling his boss that it was too dark and he could not see the pedestrian.

In Brooklyn the following day, a sanitation truck ran over a woman in Williamsburg. Katherine Yun, a 25 year-old woman from Syosset, was hit at the intersection of Broadway and Driggs Avenue. She was pronounced dead after she was taken to Woodhull Medical Center. The latest reports confirm police are still investigating the accident.

As a practicing wrongful death and accident attorney in New York, I deal with fatal accidents like these every day.
If you would like more information about how accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

The Downside of Hospital Technology: Doctor Distraction

Sun, 18 Dec 2011 08:00:00 EST

While the benefits of new technologies -- like fast access to patient and prescription information -- are universally acknowledged in the medical community, the disadvantages are now becoming clear.

"Distracted doctoring," is the phenomenon that occurs when iPads, iPhones, desktop computers, and other gadgets are used for things other than patient care in critical scenarios. These include personal calls, texting, checking airfare, surfing the internet, Facebook, Amazon, Gmail, and eBay.

On the one hand, there has always been a need to deal with multitasking and interruptions from phones or pagers. Some medical schools used to restrict studying textbooks while in surgeries.

On the other hand, distracting temptations seem to be in greater abundance and they are now in the palm of a new generation, which grew up with constant communication. And technological distractions do not have to be due to frivolity. Many doctors use devices to access relevant up-to-date and detailed information on the web. The problem is when more of their focus is geared toward their device than toward their patient. After all, the patient deserves as much attention as possible because picking up on behavior is important for many diagnoses.

A study of 439 medical technicians found that 55% of those who monitor bypass machines claim to have talked on cell phones during heart surgery. 40% believed such a practice is always unsafe. Another half claimed to text during surgery, while half believe this to be always unsafe.

Although the impact of this practice is difficult to gauge, anecdotes like that of a man left paralyzed due to an absentminded neurosurgeon on his cell phone bring the point home.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with potential hazards in like this every day.

MORE INFO

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

The Other Toll of Medical Malpractice

Sun, 18 Dec 2011 08:00:00 EST

Dr. Pauline Chen opens her recent NY Times article on the effect of medical malpractice on doctors. She explains that she had been made aware of a claim against her, which, until the suit was dropped, led to a lot of unnecessary worry and second-guessing.

She goes on to highlight the stats. Of 7,000 surgeons researched, one in four is currently in litigation. Of all doctors practicing today, 75-99% will be sued at least once during their careers. This becomes a danger in and of itself, which means any attempt to eliminate medical malpractice is in fact that much more important.

The symptoms of doctors who have been threatened with suit include depression, burnout, emotional exhaustion, detachment, low self-esteem and thoughts of suicide. Besides this potentially leading to more malpractice, the chance increases for these doctors to err on the side of caution: they practice more defensive medicine, order more superfluous tests and drugs, and refuse the treatment of more risky patients.

It is therefore incumbent upon the medical community to decrease the incidence of medical error in the first place. Among plenty of other potential solutions currently in action, the authors of the study suggest improving communication between patients and doctors, and to continue that communication after errors are made. Medical malpractice will also have to be approached from a different direction: from emotions and communication, not just from finances.

MORE INFO

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Freak Elevator Accident Kills NYC Woman

Thu, 15 Dec 2011 08:00:00 EST

A brutal accident took the life of a woman in a Manhattan elevator this Wednesday, sending pangs of horror through all bystanders.

Around 10am, 41-year-old advertising executive Suzanne Hart had arrived to work at her Midtown marketing firm, Young & Rubicam. As she walked through the doors of the elevator, the doors shut tight on her and the cab shot upward. Ms. Hart was crushed between the elevator and the wall between floors and died immediately.

Two witnesses, a man and woman, were in the elevator at the time and were speedily sent to NYU Langone Medical Center for psychological trauma treatment.

The rest of the building and nearby area was heavily affected. The building was quickly evacuated amid the shock. A neighbor reported having heard banging and screaming.

The latest Department of Buildings inspection was this June. No problems were recorded regarding the elevator in question. The building houses 13 elevators, among which 56 violations had been written between 2001 and 2009. It is unclear whether this particular elevator was issued a violation in the past. In any case, all of the other violations were reportedly attended to.

COMMENTARY:
The question to be asked is "Why did the elevator shoot upward while the doors were still open?"

Elevators are supposed to have interlock mechanisms that prevent the movement of the car while the exterior doors remain open. Only after the outer doors have closed is the elevator car supposed to start going up or down. Unless the building owner, building manager or elevator repair company knew about a defective condition and failed to fix it, the challenge will be to see who, if anyone, is responsible for this horrific death.

As a practicing wrongful death and personal injury attorney in New York, I deal with tragic accidents like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Cancer Misdiagnosis Goes to NY Supreme Court

Thu, 15 Dec 2011 08:00:00 EST

A Manhattan woman has filed suit after being given the good news that she doesn’t have cancer, after all.

In September 2009, Ann Berlin, 73, suffered a broken rib and spine in a car accident. St. Luke's Roosevelt Hospital took a routine biopsy while treating her. The biopsy indicated metastatic cancer, Stage IV -- the most serious stage.

Ms. Berlin, a marking executive from the Upper West Side, then began radiation treatment.

Meanwhile, St. Luke's sent her biopsy specimen to Massachusetts General Hospital when they could not figure out the nature of the cancer. MGH responded that she was actually cancer-free -- her specimen was simply contaminated.

By the time Berlin was informed, she had already gone through six radiation treatments over the course of several weeks. Earlier this month, she filed suit in Manhattan Supreme Court.

For Ms. Berlin, the major issue is that she has suffered multiple unnecessary bouts of radiation treatment. Lately, we have seen federal agencies and research groups advise against certain tests in order to eliminate unnecessary and detrimental treatment like this, as well as to cut down on the emotional burden and the cost of treatment.

Earlier in August, an upstate New York family won $24 million because a family member was left paralyzed from a stroke after being misdiagnosed for a brain aneurysm. In June, a family was awarded $4 million because a family member was misdiagnosed with ovarian cancer. She actually had pancreatitis and eventually lost consciousness and died from the faulty treatment.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with detrimental misdiagnoses like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

MORE INFO:
If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Federal Panel Recommends Total Cell Phone Ban on the Road

Thu, 15 Dec 2011 08:00:00 EST

The National Transportation Safety Board (NTSB) has offered a recommendation to states to ban all cell phone use in cars. It is the first such major recommendation in the United States, and is causing much of discussion (by design).

The Governors Highway Safety Association reports that hand-held cell phones are currently banned in nine states and texting is banned in 35. New York bans both.

The recommended ban, however, goes whole-hog and includes banning the use of cell phones in cars even while hands-free. Portugal and Germany have this kind of total ban, while 30 nations settle for partial bans.

The NTSB is worried that the slightest distraction from a driver's primary duty, which is to focus on the road, is dangerous because all it takes is a split second for a mistake to cause a crash, which of course can never be taken back. Especially with the advent of cell phones with movie, email, and gaming technology, an increased effort to focus on the road is needed now more than ever.

The NTSB does not think this recommendation will gain much traction in the short term. They think that, like drunk driving and smoking, a cultural aversion to the practice requires a massive attitude shift. With this in mind, they hope their recommendation will open a national dialogue among people who generally view cell phone use as dangerous in cars anyway.

Lawmakers will likely be averse to such a radical idea, especially with opposition from the phone industry, but the official recommendation may give a legitimating cover to potential legislative efforts.

As a practicing wrongful death and personal injury attorney in New York, I deal with crashes that originate in causes like distraction every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

MORE INFO:
If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Two Major Breast Cancer Drugs Found

Sun, 11 Dec 2011 08:00:00 EST

Newsday has reported this week on two exciting new drugs that are being hailed as the latest major development in breast cancer treatment since the introduction of the drug, Herceptin, in 1998.

Both drugs go after cells that disproportionately release the protein HER2. This is a condition, which occurs in 20-25% of breast cancer cases. Both drugs complement each other.

One experimental drug, Genentech's pertuzumab, was shown in an international study to inhibit the development of the cancer for a median 18 months, rather than the standard 12 months for the control group. The drug also seems to be improving survivability. Genentech, a Swedish company, applied this Tuesday, December 6, to the FDA for approval to be used for initial treatments.

The second drug, everolimus, which is used in organ transplants and sold by Novartis AG as "Afinitor," was shown to inhibit the progress of the cancer by a median 7 months, rather than the standard 3 months. This is for women whose cancers were getting worse thanks to estrogen. The drug was shown to be far superior to alternative hormone-inhibitor drugs.

The downside is that these drugs cost $10,000 per month and that they are not cures. However, scientists hope further tests reveal that the drugs are able to work better for cancers that have not yet progressed as much as those in the recent studies.

40,000 American women are faced with metastasizing breast cancer each year.

As a practicing medical malpractice & wrongful death trial attorney in New York, I speak to patients who believe their cancer was not timely diagnosed. As part of our discussion I often ask about new drugs, medications and clinical trials to learn about their treatment options.

MORE INFO

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Lawsuit: Fatal Poisoning on AA Flight

Sun, 11 Dec 2011 08:00:00 EST

A family is suing American Airlines (AA) after a fatal tragedy aboard a plane on May 18.

Othon Cortes, 73, was travelling from Barcelona to New York City when he began to feel discomfort. His family alleges this was due to the food AA fed him. They say it contained the poison bacteria, Clostridium perfingens. They are also suing the catering company, Sky Chefs, but they deny having catered that flight.

Cortes, when he exited in the New York airport, felt "sharp stomach cramps and sudden thirst." His widow, Raquel, and daughter, Sandra, claim he clearly looked ill and they claim AA should have called for medical attention before allowing him to board the second leg of the flight.

On the second leg, from New York City to Miami, Cortes suffered, "nausea, shortness of breath and a 'cardiac event'." The plane made an emergency landing at Norfolk, VA, where he was pronounced dead.

Cortes's family is suing for $1 million in damages for dangerously and improperly checking and administering food and for not attending to Cortes during the transfer in New York City.

This lawsuit comes at an inopportune time for the airline, which had just filed for bankruptcy the week this suit was filed.

MORE INFO

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

$3.5M Settlement to Mother Awarded for Juvenile Killing

Sun, 11 Dec 2011 08:00:00 EST

The mother of a teen killed at a correctional facility in 2006 has received a settlement for $3.5 million from the state of New York on Tuesday, December 6.

Darryl Thompson, then 15, had spent time in Tryon Boys Residential Center in Fulton County, Johnstown, NY, between Schenectady and Utica. He engaged in an altercation with two guards after he was denied recreational time. They applied prone restraint to him, meaning they kept him down forcefully. He indicated an inability to breathe, but the guards let go only after he was already unconscious. Court records show that they only attempted to revive him a few minutes after the scuffle, even though they were trained in CPR and he was not moving. Furthermore, other adult supervisors were on hand.

The medical examiner had ruled it a homicide but a grand jury was unwilling to indict the defendants. However, Anntwanisha Thompson, Darryl's mother in the Bronx, sued for wrongful death and civil rights violations -- given their slow response to Darryl's unconsciousness.

The wrongful death claim awarded Ms. Thompson $2.28 million. The rest of the $3.5 million went to legal fees.

The civil rights claim prompted pressure from the Department of Justice to reform the NY penal system in the direction of greater accountability. Tryon has since been closed and the two defendants have been fired.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with tragic incidents like this every day. If you have experienced related problems, pick up the phone and call me. I can help.

MORE INFO

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Blackout Kills Bronx Woman on Ventilator

Fri, 09 Dec 2011 08:00:00 EST

A woman was killed at the end of last month due to a power outage and failed backup generator in a Bronx nursing home. Luckily, everyone else involved was transferred and survived.

The woman in question was a 49-year-old patient in critical condition and reliant on a ventilator, with a do not resuscitate order.

The trouble began on at 1:20 am on Sunday, November 27, when a Con Edison electric phase transformer blew out. The backup generator also did not work properly. 4300 customers relied on that power in the Bronx's Gun Hill-Eastchester, Pelham Gardens, and Morris Park area, including 37 patients, who were on ventilators at an affected nursing home, the 200-bed Eastchester Rehabilitation and Healthcare Center. Staff and emergency crews, including 12 FDNY units, rushed to transfer vulnerable patients to nearby clinics. They were able to save all but one. By 4 am, all those in critical condition on ventilators had been transferred.

The nursing home and Con Edison are currently investigating the cause of the incident and no criminality is suspected. Power began to be restored by 3:30am and was fully restored around 6:30am.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with terrible accidents like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

MORE INFO

If you would like more information about how accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Fatal Queens Hit-and-Run Search Continues

Fri, 09 Dec 2011 08:00:00 EST

Police continue to search for the perpetrator of a hit-and-run that took the life of a Queens man in mid-October.

At 6:45 am on October 15, George Gibbons, 37, of Maspeth, Queens, had just finished closing up his bar, Gibbon's Home, after a night of drinking with friends and family. His sister, who had left just five minutes earlier, is now motivating the community to find 36-year-old Peter Rodriguez, suspected of hitting Gibbons and fleeing the scene thereafter.

After Gibbons closed his bar, he entered a livery cab. When they got onto the Long Island Expressway, the cab was hit by a wrong-way driver. The cab driver was taken to Elmhurst Hospital. A passenger in the other car had initially run away but later returned to the scene of the accident, where he was charged with possession of marijuana and taken to Elmhurst Hospital. Gibbons, however, was pronounced dead on arrival.

While police still search for Mr. Rodriguez, family and friends have been holding rallies for Mr. Gibbons to repay him for the benevolence he showed his community. Just last month, over a hundred supporters gathered for a "Justice for George" campaign. They have been posting 'Wanted' posters all over the neighborhood. Police, meanwhile, have offered $10,000 for information leading to Rodriguez's arrest.

As a practicing wrongful death, and personal injury attorney in New York, I deal with tragic accidents like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

MORE INFO

If you would like more information about how accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

16-foot Fall Injures LI Construction Worker

Fri, 09 Dec 2011 08:00:00 EST

A construction worker took a fall just over a week ago on a construction site when he slipped off a personal lift.

The incident occurred at 11:48 am on Tuesday, November 29, when an emergency call was placed for help.

The unidentified man had fallen 16-feet while working at Brookhaven National Laboratory. At the time, he was working on an old radioactive reactor he was contracted to dismantle. Although he was injured, he was "alert and talking" at the scene of the accident. He was then rushed to Stony Brook University Medical Center.

According to the Lab's spokesman, the worker was tested for radiation after the fall, as per protocol, and was found to be free of toxins. The cause of the fall is still unknown and an investigation is ongoing.

Brookhaven National Labs, run by the US Department of Energy, is located in Upton, Suffolk County. The property includes a graphite research reactor, which the injured man was working to dismantle. The graphite was a cube of 20 feet to each side. Commissioned in the 1940s, the reactor was the first of the Brookhaven site. It was later decommissioned about twenty years later in the 1960s. The graphite and radioactive fuel had already been removed by the time of the accident.

As a practicing wrongful death, and personal injury attorney in New York, I deal with dangerous accidents like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

If you would like more information about how accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

You Are In Pain. Does Anyone Care?

Wed, 07 Dec 2011 08:00:00 EST

You must live with the limitations that occurs when your body prevents you from moving because of the intractable pain you have experienced. Our friends and family members try to be helpful, but after they leave, it is you who must lie in bed debilitated and disabled.

I speak from personal experience. I had the misfortune to wake up Sunday morning being unable to walk. I had excruciating low back pain. I could not stand up straight. Unlike my clients, I was not involved in any accident or trauma. Thinking this was a muscle spasm I took ibuprofen and went back to lie down. Didn’t help.

No matter which way I lay in bed, I was in exquisite pain. Even muscle relaxers did not help. I was incapacitated the entire day. Every movement I made to eliminate my agonizing pain proved futile. My family felt bad for me. They could see the pain etched on my face. They had never seen me like this before.

Nighttime was no better. The next morning, hoping to put all this behind me, I realized once again that I could not get up to go to work. Every twist and turn of my body produced massive amounts of low back pain. My wife felt terrible. My kids felt awful. My mother-in-law was upset to see me like this.

On day three, when I recognized that this was not going away by itself, I made an appointment with the orthopedist.

The next time a client of mine comes in and tells me how difficult it was for them to get into their car to drive somewhere because of their pain, I will be able to relate to exactly what they are talking about.

Getting into and out of a car is simple for a healthy person. We don’t even think about it. However, someone who is in terrible pain must go through endless maneuvers and small little steps to contort their body to get into a car. If you can imagine how painful it is to lay flat in bed, just imagine how much more difficult it is to be in a sitting position.

Pain is life’s window into hell. We do everything possible to eliminate and avoid pain. When we have a cavity, the dentist will give us medicine so we don’t feel pain. If we have surgery, the doctor will put us to sleep so we don’t feel pain. The pharmaceutical industry makes billions of dollars a year for creating pills to reduce and eliminate pain.

Our bodies are amazing. Our mind tells us when we have pain so that we stop doing the activity that is causing it. Our mind also tries to make us forget about the horrible pain we have experienced in the past. That is why when someone we know tells us they are in pain, we can relate on some level but never truly “feel” their pain.

My trip to the doctor confirmed that I have an acute clinical herniated disc. This was not exactly what I wanted to hear but explained the cause of my intolerable pain. Immediate treatment included steroids to reduce the inflammation in my low back.

Why do I tell you all this?

As healthy people, we take for granted what happens when an injured victim must live with their injuries and disabilities. Pain is just a word to people who have never experienced such an injury. Without truly understanding and being in the shoes of someone who has gone through that problem, we can never truly feel their pain.

When we bring a lawsuit seeking compensation for your injuries, we always include a claim for past pain and suffering and future pain and suffering. Those phrases have become so clichéd and overused that the majority of people simply don’t understand what they mean.

My goal as a practicing trial attorney is to get the jury to recognize that the pain you have experienced is unique to you. Our minds eliminate unpleasant experiences and it is my job to get the jury to visualize the pain you are experiencing on a daily basis.

Right now, I’m going to go lie down and reduce the pain I’m experiencing while writing this article.

To learn more about how lawsuits work in the State of New York, I encourage you to explore my educational website. If you have legal questions pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com. I welcome your call since this is what I do every single day.

May you always be free from pain.

Layoffs Plague NY Hospitals as Budgets Tighten; Are You At Risk?

Mon, 05 Dec 2011 08:00:00 EST

According to the Healthcare Association of New York State, which alone represents 249 medical centers, dozens of its facilities are laying off employees. The organization blamed the layoff of over 6000 workers on Medicaid and Medicare cuts.

The Nassau-Suffolk Hospital Council (NSHC) and the Northern Metropolitan Hospital Association also point their fingers at increasing pension costs for public hospitals. Nassau University Medical Center (NUMC) has recently laid off 175 employees, while the Westchester Medical Center has threatened laying off 650 without union concessions. The New York City Health and Hospitals Corp., the nation's largest healthcare group, has sacked 2500.

Meanwhile, the nonprofit North Shore-LIJ system of 13 hospitals is reported to be financially on guard, as is Catholic Health Services of Long Island. They are hoping to cut costs without laying off workers.

However, not all is doom and gloom. NUMC has experienced some good news: it was given top honors out of 20 contenders for patient safety by the NSHC at the end of last month. One of its recognized successes was an initiative advanced to decrease the rate of central line catheter infections. Between May and October of 2010, the hospital recorded an astonishing zero bloodstream infections in the medical and surgical ICUs, as well as in its critical care unit.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Anonymity Increases Medical Error Reporting

Thu, 01 Dec 2011 08:00:00 EST

A hospital in North Carolina has noticed that their new program of reporting medical errors anonymously and without punishment is an excellent way to find the hospital's weak spots.

The experiment, conducted in Levine Children's Hospital in Charlotte, saw a rate of 5 admitted errors per year jump to 86 errors per year after the program began, presumably because now the consequences of reporting one's errors have disappeared.

Since the Institute of Medicine's 1999 study, which estimated 100,000 Americans die every year from medical errors, hospitals have been implementing initiatives to curb the figure.

LCH did so two and a half years ago when they trained a "pediatric safety champion team." Members of this team would oversee various sectors of the hospital from physicians to nurses to managers. All staff members were made aware that they could report medical errors anonymously and would not suffer retribution.

Since the drastic uptick in error reports, the safety team has been able to pinpoint certain weak spots in the hospital's service during their monthly meetings. Approximately 75% of the errors have already been addressed with changes in practice, such as the instruction to be more deliberative when preparing shots for children, in case the wrong medicine is used in a moment of absentmindedness. Additionally, whenever an error occurs, the hospital calls the patient to inform them of potential consequences. This and other reforms are now a part of hospital protocol.

Dr. Daniel Neuspiel, who led the study, hopes this program will spread throughout the United States.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Defense Doctor Ruins Case; Man Hit in Rear Receives $1.6M for Spinal Injury

Thu, 01 Dec 2011 08:00:00 EST

Last month, a Rochester jury awarded almost $1.6 million to a driver for injuries he sustained after being struck from behind in 2009.

Walter J. Nary was waiting at a stoplight when he was hit and suffered permanent acute lumbar spine injuries. The Monroe County Supreme Court jury handed $1.25 million to Mr. Nary for past, present, and future pain and suffering as well as loss of enjoyment of life. He also received $321,250 for past and future medical costs. The total bill came out to $1,571,250.

The defendant (unnamed in the article) was insured by State Farm Mutual Automobile Insurance Co. They originally offered only $5,000 in damages. This made the decision to go to trial simple.

One of the factors leading to the jury's decision was that the defendant's medical expert, Dr. Robert Lifeso, was found not to be credible. It was revealed that he has had a long relationship with State Farm, as well as the defendant's lawyers, Hagelin & Kent. Dr. Lifeso has received more than $10 million in independent medical examination fees over the past ten years. State Farm alone has paid him at least $2 million within that time.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with terrible accidents like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

MORE INFO

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

News Flash: Bicyclist Sues Pedestrian She Hit; Only in NY

Mon, 28 Nov 2011 08:00:00 EST

A bizarre lawsuit has been filed after a bicyclist hit a pedestrian earlier this year in Central Park, Upper East Side.

The incident occurred at 6:30am on June 15 on a bike lane near 69th Street and East Drive. Triathlete Sabine von Sengbusch, 46 -- a healthcare administrator by profession -- was bicycling along her bike path when Meghan Rohan, 28, a lawyer, walked into it -- 'recklessly,' according to Ms. von Sengbusch.

Although pedestrians have the right of way and Ms. Rohan suffered a broken elbow, she is now being sued for the collision. On the other hand, even though Ms. von Sengbusch finished second place in a triathlon out on Long Island on October 1, she claims to have suffered “great physical pain and mental anguish” with “painful and permanent” injuries. She was allegedly unable to work after the crash.

This is the latest of many conflicts between cyclists and others in the city, and does not bode well for the Department of Transportation's proposed "bike-sharing program," in which bike stations, totaling around 10,000 bicycles, are set up throughout the city for rent from one bike station to another.

Hunter College recently released a study claiming over 1000 bicycle-pedestrian accidents occur every year throughout the state -- mostly found downstate.

As a practicing negligence and personal injury attorney in New York, I deal with injuries such as these every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help. If you would like more information about how accident cases work in the state of New York, explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Construction Worker Killed by Falling Rock Beneath Grand Central Station, NYC

Sun, 27 Nov 2011 08:00:00 EST

A terrible accident claimed the life of a construction worker last week on Friday, November 19. 26-year-old Michael O'Brien was working in an LIRR tunnel 120 feet below Grand Central Terminal when a several hundred-pound slab of concrete fell on his head.

His father, Robert O'Brien, was superintendent on the project. After the accident, as Michael was being carted away to an ambulance, Robert tried to administer CPR, but to no avail. By the time Michael arrived at Bellevue, he was pronounced dead.

Michael was performing shotcreting, a procedure that shoots cement at exposed rock from a hose. As for the culprit chunk, the cement was likely poured too thickly. The work was part of a $7.3 million project known as East Side Access. It sets out to connect the LIRR with Grand Central. The project is now suspended while the MTA investigates the incident.

This is the first time a sandhog -- an underground urban manual laborer, like a miner or construction worker -- was killed since 1997.

The O'Briens live in Wisconsin around 130 miles northwest of Milwaukee and travelled two months ago to work on this project.

MORE INFO:

If you would like more information about how negligence and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Surgical Injury Case Continues, Despite Tardy Lawyers

Sun, 27 Nov 2011 08:00:00 EST

A medical malpractice on appeal in New York was reinstated this week on Monday, November 21, after being dismissed in a lower court. The case was thrown out because both sides did not respect deadlines, but the court itself was also found to not have followed protocol properly, and so the dismissal was reversed.

This decision was ruled 4-3 by the Court of Appeals. The decision to dismiss was made in 2010 in the Appellate Division, First Department.

The alleged malpractice occurred in 2002, when Juliette Cadichon was taken in for a routine operation. Dr. Thomas Facelle was supervising and Dr. Louis May was performing the operation. Facelle had instructed May to make incisions into the muscle to be able to remove stones from the gallbladder. Instead, he inserted a catheter into a bile duct that connects the liver and gallbladder with the top of the small intestine. A "surgical emergency" ensued when he punctured the abdomen and in the process injured several organs and tissues. Among other things, Ms. Cadichon's liver was ruined allegedly because Dr. Facelle did not follow better reparative procedures.

The 4-3 court this week argued that the lower court needed to make its dismissal clear to the defense, which it did not do. Therefore, the case would have to be reinstated.

The dissent argued that, although it is right to rule cases on the merits, court rules also have to be followed. Indeed, not only were materials like depositions and the note of issue past deadline, but a lower court complained five times about deadlines.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with medical error cases like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

More Dialysis Lowers Heart Disease Risk; NEW HYPOTHESIS

Sun, 27 Nov 2011 08:00:00 EST

A Long Island doctor proposed this week that we may want to increase our use of dialysis to thin the blood in kidney-deficient patients in order to save them from disproportionately high risk of heart disease.

Dialysis is a regular treatment that cleanses the system the way kidneys normally would. Chronic kidney disease is most often caused by diabetes or high blood pressure.

For those without access to a high-demand kidney transplant, dialysis is normally used three times a week, four hours per day, for a total of twelve hours. However, in Japan, France and Australia, sessions are extended at twice the rate to eight hours for a total of 24 hours per week. In Japan and France, patients die at about half the rate American patients die of heart disease or stroke, indicating a negative correlation.

Dr. Steven Fishbane, vice-president of Network Dialysis Services at the North Shore-LIJ health system hypothesizes that dialysis works to make blood less thick by relieving it of toxins. Thicker blood tends to clog blood passageways, causing heart disease. Increasing dialysis should therefore save many patients of this fate. Dr. Fishbane is currently researching his claims.

If we were to increase dialysis use, the procedure is expensive. However, there are cheaper at-home options and about 8% of patients today already dialyze at home.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Medical Negligence: The Danger of Bed Rails

Sun, 27 Nov 2011 08:00:00 EST

According to a piece by the New York Times, hospital beds with rails are not as safe as those without. Today, few beds are still equipped with beds because this knowledge is now widespread. However, rails still exist and are potential hazards for all patients.

There are two reasons that rails are dangers. The first, most serious, concern is that they form a gap between themselves and the edge of a bed. If a patient rolls over, the bed might be pushed to the other side and the patient's body might be stuck in the middle, potentially causing asphyxiation by crushing the chest. Or the patient's neck may get caught in the space and suffocation is possible.

A second risk comes from the danger facing patients who want to exit the bed by climbing over the rails thanks to confusion or dementia. These patients have much farther to fall should they lose control than if rails were not there, and they have a greater chance of falling in awkward directions, perhaps hitting their head on the way down.

In total, rails diminish the risk of falling by 10-15%. But they increase the risk of injury around 20%, according to bioethecist Steven Miles of the University of Minnesota. Last year, the FDA released a study claiming 480 deaths, 138 injuries, and 185 close calls as a result of hospital beds over the course of 24 years.

Now, few hospitals use rails thanks to regulations, lawsuits, and general knowledge. In 1995, the FDA warned against bed rails. In 1999, Wisconsin put out its own alert. Less than 10% of nursing home residents are in a bed with rails.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with potential hazards like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help. If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Smart Defibrillators (AED's) May Cause More Deaths Than Old Defibrilators

Sat, 26 Nov 2011 08:00:00 EST

A new study reveals that a move among many hospitals to automated external defibrillators (AEDs) may be contributing to a higher rate of fatalities than would have been the case with older defibrillators. About 1000 patients are said to die annually thanks to AEDs.

Defibrillation is the stimulation of the heart with a therapeutic stream of current between two electrodes. The purpose is to recalibrate a normal heart beat for an individual suffering from cardiac arrhythmia or other similar conditions. Some arrhythmias are "nonshockable" rhythms, meaning they are not amenable to defibrillation. These include asystole, or flatlines. In the interest of telling between nonshockable and shockable rhythms, a professional would normally be required to use an external defibrillator. AEDs were invented to act as smart defibrillators, so anyone can use them in case of emergency. However, the results are not encouraging.

Part of the reason for AEDs' weak performance is the time it takes to apply the AED's pads to the patient from the moment the AED is accessed: 46 to 52 seconds. With only a few minutes to save a patient's life, this has proven to be too long of a time span.

The study, published in the Journal of the American Medical Association, tracked 11,700 patients with cardiac arrests across the United State from 2000 to 2008. Patients survived 16.3% of the time when AEDs were used, but survived 19.3% of the time when AEDs were not used. When controlling for just shockable rhythms, AEDs saved 38.4%, compared with the 39.8% survivability rate without AEDs.

COMMENT

Although AED's have been responsible for saving lives, the study above gives a fascinating look at some harsh statistics. The next time you learn of someone having a heart attack find out whether an AED was available and if it was, whether it was applied. If so, did it convert their cardiac rhythm and did the person survive. If no AED was available, the question will arise whether an AED would have helped.

We all like to believe that if the equipment was available that it would have helped. That's why it was developed and is now commonplace in schools, airports and businesses.

Two years ago, I had the privilege to see my son, a firefighter, jump into action and use an AED while we were waiting for a flight from Florida back home to New York. At the airport gate we were waiting to board our flight. An elderly man had been sitting in his seat by the gate and literally keeled over. My son dropped his backpack, ran over, announced he was a first responder, found no pulse or breathing and immediately began CPR.

He was joined by a JetBlue gate attendant who called for an ambulance. This was a witnessed arrest. Within minutes multiple police officers were on scene and one of them had an AED. My son opened the AED and then applied it to the elderly man. I had never seen one in use. Once the pads are attached to the patient, you press a button and the AED determines automatically if the heart rhythm is one it can and should convert by applying a shocking voltage to the patient.

It announced initially that it was not able to apply a shock and they should continue CPR. Minutes later they tried again to apply a shock with the AED. This time the emegency responders were told to step away from the patient and gave a countdown to when the electrical shock would be triggered. The crowd surrounding this emergency could see exactly when the AED had triggered.

The patient's body involuntarily jumped even though he was still not responsive.

CPR continued. The AED automatically detected a slight heart rhythm and advised it would shock the patient again. It directed the emergency personnel to move away, shocked the patient and finally, a heart rhythm was restored. The patient was not yet responsive and it was initially unknown whether he suffered any brain damage from this cardiac event.

After returning home to New York, my son followed up with the Port Authority police to learn the patient's status. He was thrilled to learn that this elderly man was discharged from the hospital one week after suffering a heart attack. This was a great result where the AED did make a difference. It also mattered that it was a witnessed cardiac arrest and my son and others were able to immediately help.

I felt really proud of my son that day watching him help save this man's life. It was really cool to watch.

MORE INFO:

If you would like more information about how medical malpractice and negligence cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

$45M for Paraplegic Remains Largest Award in Western New York History

Mon, 21 Nov 2011 08:00:00 EST

This Friday, November 19, a state appellate court upheld a lower court verdict, which sided last year with a Cheektowaga woman who was left paralyzed after a weight machine fell on her. The decision changed only the award value -- from $66 million to $45 million -- though the award remains the largest in Western New York history.

Natalie Barnhard, 31, who now lives and goes through physical therapy in Georgia, had formerly worked at Amherst Orthopedic Physical Therapy. Seven years ago, Ms. Barnhard stood on the weighted side of a 600lb machine and pulled to stretch her arm and shoulder. The machine was unsecured, tipped over, and crushed her.

The plaintiff's argument was that the accident could easily have been avoided. $10 could have gone towards weighted feet to ground the machine, the machine could have been bolted to the floor, and the weighted side of the machine could have been closed off.

The jury found manufacturer Cybex International 75% liable, the therapy center 20% liable, and Ms. Barnhard 5% liable. Three awards from the lower court remained unchanged by the five-member appellate panel: $1.7 million in medical costs, $28.6 million for future medical costs, and almost $2 million in foregone earnings. Past pain and suffering was reduced from $8 to $3 million, future pain and suffering was reduced from $25 to $9 million, and $792,000 for future care of potential children was denied because the figure was seen as pure speculation.

As a practicing wrongful death and personal injury attorney in New York, I deal with dangerous hazards and their consequences like this every day. If you have experienced related problems, pick up the phone and call. I can help.

MORE INFO:

If you would like more information about how negligence and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Practicing New Techniques on Patients; NY Times

Mon, 21 Nov 2011 08:00:00 EST

The NY Times ran a piece this week by Theresa Brown, R.N., about the nervous process of learning dangerous procedures on the jobs, while practicing on patients. Her article is about the simple operation of taking blood, but other procedures learned on the job are far less innocuous.

In July, a study out of the University of California-San Francisco School of Medicine published in the Annals of Internal Medicine claimed that the "July Effect" was real. This refers to an increase in medical error and adverse effects as hospitals accept less-experienced physicians fresh out of med school.

Problems associated with inexperienced physicians in July are the very problems that nurses feel when they are tasked with a new skill. Ms. Brown wrote of spending eight hours learning the ins and outs of drawing blood with an experienced physician overseeing the process. She was understandably nervous and deliberate. Sometimes patients noticed, though others did it. Some were perturbed, while others were sympathetic.

The book, “Complications: A Surgeon’s Notes on an Imperfect Science,” by Dr. Atul Gawande, explains the necessary evil of practicing new techniques on patients. He described having to practice inserting catheters into necks and chests for the first time. Nurse Brown explained having to insert urinary catheters, administer blood transfusions, and change drainage tubes.

As a practicing medical malpractice and wrongful death attorney in New York, I deal with the consequences of dangerous patient situations like this every day. If you have experienced related problems, pick up the phone and call me. I can help.

MORE INFO:

If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Wyoming Record Malpractice Award of $9M for Improperly Diagnosed Broken Neck

Sun, 20 Nov 2011 08:00:00 EST

Wyoming has recently awarded what is the state's largest medical malpractice award in history. The $9 million verdict was handed down to a family for an improperly diagnosed broken neck. The previous major malpractice award went for $1.5 million.

In December of 2008, Louis Prager of Montana was driving a truck over icy roads for his employer, Conquest Energies Co. Mr. Prager, 51 at the time, lost control of the vehicle as it left the road and rolled over several times until it stopped upside-down. Suffering neck and shoulder pain, Mr. Prager was admitted to the emergency department at Campbell County Memorial Hospital in Gillette, Wyoming. There, the emergency physician, Dr. Brian Cullison, ordered X-rays and CT scans of the patient's head, facial bones and thoracic spine. Tests of his neck was not included and he was discharged that day without a broken neck diagnosis.

After four days, Mr. Prager awoke with extreme next and shoulder pain, as well as arm weakness. Upon returning to the emergency department, doctors found that his neck was broken. After surgery stabilized his neck, it was revealed that damage had already been done. Mr. Prager then filed suit over the medical error.

The trial was held this October. Mr. Prager was awarded $7 million and his wife $2 million for loss of consortium.

COMMENT:
Failure to diagnose fractures along the vertebrae can lead to catastrophic injury including paralysis, paraplegia and quadripilegia.

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Avastin Breast Cancer "Miracle Drug" Pulled Off Market

Sun, 20 Nov 2011 08:00:00 EST

According to a recent report in Newsday, (November 18, 2011) the FDA has recently pulled the most popular breast cancer treatment drug off the market. Why would they do that? According to news reports, a six-member panel found that the drug causes more harm than good. In fact, it has such serious side effects for certain individuals that it was causing significant injury to patients taking the medication.

Avastin will continue to be used for other cancer treatments. Doctors who still believe that their patients can benefit from this drug can prescribe it “off label” so their patients can still receive it. However, once the drug has been pulled off the market, insurance companies will no longer pay for this medication which costs $99,000 per year. Medicare, for now, will continue to pay for this medication although it is not clear for how much longer they will continue to do so.

Although this best-selling cancer treatment was touted as a miracle cure since it cut off the blood supply to the tumor, there are always risks with any type of medication. You must always weigh the risks and benefits of taking medication before choosing to use it. In this case, the FDA apparently felt that the risks outweighed the benefits. For some cancer patients who have advanced metastatic breast cancer, they may feel that they have no other options and are willing to take the risk that they will suffer additional injury in the hopes that this will give them a reprieve of their advancing breast cancer.

TO LEARN MORE about how medical malpractice cases work here in New York, I encourage you to explore my educational website, http://www.Oginski-law.com. If you have legal questions, pick up the phone and call me. I can answer your legal questions. This is what I do every single day. You can reach me at 516-487-8207 or by e-mail at lawmed10@yahoo.com. I welcome your call.

4 Things Your Accident Attorney Wants You to Know

Thu, 17 Nov 2011 08:00:00 EST

Hiring an accident attorney can be one of the best things you do for your accident injury case. He or she can not only guide you through the legal process, but can also let you know what to do and not to do to help protect your rights and get the settlement you deserve.

But keep in mind, it’s not all about you – you have to make our job easier too! After all, we're working hard on your accident case! The last thing you want is to be the annoying client your lawyer can’t stand – or you’ll soon be finding a brand-new lawyer. Here are some of the top things your personal injury lawyer will want you to know:

Tip #1: We’re not here for sympathy.
We do feel for you and the emotional and physical pain you’re enduring – but, we’re here to help you get the car accident settlement you deserve and not as a shoulder to cry on. If you call just to complain about your injuries, we’ll soon figure out what’s happening – and you may not get an immediate call back.

Tip #2: There are a lot of PI cases…don’t ask for pro bono “just because.”
One of the most annoying things a client can do is ask for the case to be free because “you’re under special circumstances.” Most lawyers already work on a contingency basis so they don’t get paid until after the settlement. And at that point, they’ve spent long hours on your auto accident case.

Tip #3: We know the law like the back of our hand. There’s no need to do your own legal research.
Another annoying thing some clients do is come into the office with stacks and stacks of “Internet research” they’ve done on their case. Rest assured that PI lawyers are highly skilled at what they do. They’ve passed the Bar Exam, worked with many clients, and had years of training in their area of expertise. Plus, most lawyers have better research tools at their disposal and can find the cases and information that are applicable to your car accident.

Tip #4: Don’t compare yourself to “someone else you know.”
The thing about PI cases is that they’re all different. Even if you have a friend, family member, or coworker who’s been involved in a PI case, there’s only a tiny, tiny chance that the circumstances were the same.

Think of it this way: It would be silly to expect the same outcome as someone else because the circumstances surrounding their accident were different and their injuries aren’t the same as yours. So don’t grill your lawyer about why so-and-so got a different settlement than you did.

Remember, one of the most important things in a trial is working well with your lawyer and making sure you have a healthy working relationship. After all, they’re the people who get to tell your side of the story.

About the Author:
Peter Nero writes for the Accident Injury Blog at Accidents.com.

New York City 2011 Medical Malpractice Bill Comes out to $135M

Wed, 16 Nov 2011 08:00:00 EST

City records show that NYC has paid out $135 million in malpractice payments this fiscal year for errors its public hospitals made in 246 cases. This value is up from the previous year's figure of $128 million -- a 5% increase. Some of the lawsuits lasted more than a decade.

The city has responded that, despite the increased price last year, overall medical payments have decreased an average of $65 million per year since 2003, thanks to increased focus on settling early, aggressive investigations, and other measures.

The Daily News reported on three striking cases that closed this year.

One was a 38-year-old Bronx woman, who visited a dentist for a cheek infection. He drained the infection but did not request a tissue culture, which would have revealed MRSA, a dangerous bacteria. 10 days later, the woman was admitted to a hospital in extreme pain. The bacteria had spread to her neck and spine and she was left paralyzed. She won $8 million in a settlement, the largest in NYC this year.

In 1998, a 10-year-old Brooklyn girl was suffering an asthma attack. The doctor put her on a ventilator at 40 breaths per minute, even though small children are supposed to receive only 8-10 bpm. The girl was tied to the bed when she expressed agitation and died three hours later after the excess oxygen 'blew her lungs out.' The city paid her family $4 million and lost hundreds of thousands in appeals.

Finally, in 2007, a 43-year-old Brooklyn man suffered a stroke after being forced to wait in the waiting room, despite displaying early symptoms of a stroke. He was left almost completely paralyzed and eventually settled for $5.5 million.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with medical errors like these every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

MORE INFO

If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Fall from Bed Paralyzes Fordham College Student

Wed, 16 Nov 2011 08:00:00 EST

In February of this year, Fordham University student, Kei Usami, fell from his upper bunk bed in the middle of the night and was left paralyzed due to a spine fracture. He is now suing the university for not installing guard rails on their beds.

Usami, 20, was a sophomore on the university tennis team when the accident happened. He returned from a night of drinking, only to fall, head first, in his sleep. Fordham's student EMS team transported him to St. Barnabas Hospital, but they did not cushion him with a neck brace, thereby sealing his fate, according to published news reports.

Although the school has sued two bed suppliers since the accident, they claim their neglect in not providing guardrails is not to blame for the accident. They blame Usami for drinking "large amounts of alcohol."

Usami spent four months in the hospital and was saddled with a $1.1 million medical bill. He is now confined to a wheelchair. Regaining movement in his left hand was a major victory for him after much physical therapy. This fall, he returned to Fordham to study business and hopes to be able to walk on stage to receive his diploma by 2013.

Commentary:
Let's see if I understand this correctly. College student gets drunk. College student climbs up onto the upper level of his bunk bed after a night of drinking. College student falls out of bed during the night causing him to become paralyzed. College student sues school claiming they should have bed rails on the bunk beds.

School sues manufacturer of bunk beds. School asserts a defense against college student claiming if he had not been drinking, this would not have happened.

The fact that the school sued the manufacturer does not, in and of itself, mean that the school is automatically responsible for the accident. From the facts presented, it appears as if each party bears responsibility for the significant injury this student suffered. I would be very interested to know whether the school had notice of other students who had fallen out of the upper bunk bed in cases where students had been drinking and maybe in cases where students were not drinking.

Should bed rails be installed in an upper bunk bed? In order to know that answer, research would need to be done on any State regulations requiring them. This situation does not appear to be similar to young children falling out of an upper bunk bed. Instead, you have young adults who should be able to navigate their way up and down the upper bunk bed. Also, even if we assume bed rails had been installed, a drunk young man may simply have climbed over it in his druken stupor to go to the bathroom and suffered the same fate.

Having said that, I still believe that the school bears responsibility especially if other incidents like these have happened in the past. The fact that the college has sued the manufacturer of the bunk bed clearly suggests that they're trying to shift the blame onto the manufacturer for making a defective product.

Panel Recommends Cholesterol Tests for Kid

Tue, 15 Nov 2011 08:00:00 EST

A government panel last Friday came out with a recommendation for children to be screened for cholesterol early. The National Heart, Lung and Blood Institute released the recommendations -- for children between 9 and 11 to be screened once and again between 17 and 21 -- in order to help find those children who would normally fall through the cracks.

A recent study from a heart-risk screening program in West Virginia looked at 85,000 fifth-graders and calculated that 37% of at-risk children would have been missed based on previous guidelines, which recommended for children with family histories of cholesterol and heart disease to be checked. For these 37%, a warning like a high-cholesterol reading could be the difference between inertia and changing diet and exercise patterns. For this reason, the American Academy of Pediatrics joined the panel's new advice.

The recommendation is not without its detractors. The benefits of added tests have yet to be studied. Added screening may very well increase anxiety and lead to other, unnecessary testing. Besides, the tests are not free: each exam may run approximately $80 for the insurer, which might increase premiums.

But already, insurers are making moves to adjust to the new guidelines. Aetna and Cigna Corp are looking at ways to expand total coverage for child cholesterol screenings, while UnitedHealth Group already completely covers the tests.

Cardiac Drug Promises to Save Recurrent Heart Complications

Tue, 15 Nov 2011 08:00:00 EST

A new study has been released, touting the results of a blood-thinning drug as successful in preventing recurring heart complications for survivors of heart disease. The study was presented this Sunday and published in the New England Journal of Medicine. Manufacturers Johnson & Johnson and Bayer Healthcare sponsored the study.

The drug, Xarelto, is projected to help save up to a million Americans. Today, Xarelto is sold at $7 per day in high doses to prevent strokes and blood clots for at-risk people. This new study focused on mortality rates and recurrence of heart complications after discharged patients are treated for heart attacks or severe chest pain due to clogged arteries. At low doses, researchers found that this unique blood-thinner substantially cut all risks of mortality and its makers are hoping to sell Xarelto for this purpose in low doses.

The study followed 15,500 discharged patients. Group 1 was given standard blood-thinners like aspirin, Group 2 was given a low dose of Xarelto, and Group 3 was given a high dose. Group 1 suffered a second heart-related complication or death 11% of the time, while less than 9% did in Group 2 or 3. Also, 4.5% of Group 1 died during the study, while only 3% of the Xarelto groups died. The difference of a third is substantial.

One downside, however, is that Xarelto increases the risk of serious internal bleeding by a factor of four, including in the head or digestive tract. This could be disabling but not fatal. Cost is also an issue. Other brands, like Brilinta, which has just entered the market, provide a cheaper alternative and similar beneficial results.

MORE INFO

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Whooping Cough Affects 195 Suffolk Residents

Mon, 14 Nov 2011 08:00:00 EST

Suffolk is experiencing its largest whooping cough epidemic in five years with 195 cases investigated thus far by the county health department this year.

Whooping cough, also known as pertussis, is the effect of the Bordetella pertussis microbe, which causes severe coughing, is very contagious, and is sometimes deadly, especially for infants. Antibiotics are used to fight the disease. Vaccines weaken the bacteria, causing less intense symptoms, but do not always prevent the disease. Some people are only 80% protected and the protection disappears over a period of three years.

The outbreak started with just 11 individuals in Smithtown during the spring. Last year, 54 people had the disease and 75 cases were recorded in 2009. Nassau is not as bad, but is still feeling the pinch. So far, 45 cases have been recorded, compared with 27 and 10 in the previous two years.

Health officials posit that one of the reasons this year is experiencing a large number of whooping cough cases is because doctors have been made more aware of the disease and are investigating more when they otherwise would have diagnosed a common cold.

IVF Raises Risk of Ovarian Cancer; Study Says

Mon, 14 Nov 2011 08:00:00 EST

A new study claims that the risk of a certain class of cancer is increased after a process used to induce in vitro fertilization (IVF), the fertilization of eggs and sperm outside the body.

The study, released October 26 from the Netherlands Cancer Institute focused on ovarian stimulation, which induces IVF. The researchers found that women who had gone through ovarian stimulation were four times as likely as women who had not to develop borderline ovarian cancer. This is a striking figure, although the malignancy is thankfully "highly treatable."

The study followed over 25,000 women under the age of 40 for 15 years. 19,000 women went through ovarian stimulation and 6,000 went to fertility clinics and did not go through the procedure.

There was no link between ovarian stimulation and invasive ovarian cancer, which is cancer that originates inside the ovaries and spreads. Borderline ovarian cancer, the cancer with which the correlation was found, originates on the epithelium, or surface, of the ovary and is less dangerous. Among all 25,000 women, total ovarian cancers affected 0.45% of the population. Among those who had IVF, the figure rose to only 0.71%. In other words, IVF contributes minimally to total ovarian cancers. The real difference is in the borderline ovarian tumors.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Restricting Salt and Sugary Drinks Without Effect; Study Reports

Mon, 14 Nov 2011 08:00:00 EST

Two studies released last week have put health-conscious reformers on the defensive.

One study surveyed 167 studies and noticed that cutting salt from the diet lowered blood pressure minimally but simultaneously increased the risk of heart disease.

High-sodium diets averaged 3450 mg per day and low-sodium averaged 2760 mg. Caucasians with normal blood pressure lowered their readings -1.27/-0.05 (1% for the entire population). Caucasians with high blood pressure lowered their readings -5.48/-2.75 (3.5% for the entire population). Data for other races weighed these percentages down but their data sets was too sparse for confident conclusions to be drawn. But researchers concluded that whites with normal blood pressure had no reason to worry about salt intake, while whites with high blood pressure might benefit from lowering their salt intake.

The study also noticed in subjects with low sodium intake an increase in three chemicals, which constrict blood vessels and induce higher blood pressure. Additionally, aldosterone, which triggers salt reabsorption, also increased. In effect, the less salt a subject ingests, the more the body adjusts to absorb salt and raise blood pressure. Blood cholesterol and triglyceride levels also rose by 2.5% and 7%, respectively, thereby threatening heart disease.

The other study followed 7000 students in 40 states between 2004 and 2007 and surveyed their sugary-drink intake. In schools with soda bans, 28.9% purchased other sugary beverages. The figure was 26% for schools with no restrictions. In each, exactly two-thirds of students reported equal access to sugary drinks. The study also found total bans on sugary drinks at schools had no effect on the daily intake of sugary drinks among their students.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Kosher Chicken Liver is Salmonella Culprit

Sat, 12 Nov 2011 08:00:00 EST

At least the third recall due to salmonella within the past month has been called after 56 people were reported sick in New York City. At least twelve of the ill have been taken to a hospital. Blame has been directed at kosher chicken liver products, which have also been sold in Long Island, although no related illnesses have been reported there.

Now Alle Processing Corp., in Maspeth, Queens, is recalling its brand broiled chicken livers because everyone with salmonella poisoning had broiled or chopped chicken liver traced back to Alle. The bacterial strain is known as salmonella Heidelberg.

These chicken liver products were broiled only partially. Since Jewish law mandates all kosher products to be broiled fully, relevant instructions were on the packaging.

On October 26, a separate salmonella recall was instituted for 5000 pounds of Wegmans Turkish pine nuts. 38 people in six states were found ill before the recall was announced by the FDA.

On October 19, 3265 cases of salad bags were recalled due to the risk of salmonella poisoning, though no reports of related poisoning were known at the time. The companies Fresh Selections, Marketside, HEB and Taylor Farms were affected by the recall.

Salmonella is a bacteria infecting the GI tract. Most cases resolve themselves after several days or weeks. But young children, the elderly, and anyone with a weak immune system is vulnerable to suffer more, including death in some cases.

Comment:
All I can say is that despite my mother trying to feed me chopped liver when I was growing up, I'm happy to report that I've never developed a taste for this (disgusting) food, although I'm sure many would disagree with me.

NY Judges to be Trained in Medical Malpractice Issues

Sat, 12 Nov 2011 08:00:00 EST

New York has begun a new program to train more judges in medical malpractice, so they may efficiently aid the settlement process in order to save time and money. The program draws its inspiration from the successful experiences of Bronx Judge McKeon and a city health services policy.

The new program is spurred by a $3 million federal grant to train judges in medical issues throughout Brooklyn, Queens, Manhattan, and in Erie County. Those touting the program are confident it will be in demand throughout the nation.

The reason judges need to know more about medical malpractice issues is to aid opposing lawyers when they want to make a speedy settlement, according to Bronx Justice Douglas McKeon, who is one such facilitator. Over the course of 15 years, he has presided over more than 1000 settlements. 12 to 15 "intense discussions" now await him every month.

New York City Health and Hospitals Corp., which takes care of legal matters on behalf of 11 public or municipal hospitals, created a special claims and law department five years ago. Its focus has been geared towards settling cases as soon as possible. It now boasts a 95% settlement rate. It also owed $66 million less in malpractice settlements last year than it did in 2003.

McKeon calls it a waste of resources when, "without close scrutiny by one judge, cases can come back several times ... with settlements discussed [and] doctors refusing to agree." A more knowledgeable judge, the reasoning goes, can eliminate this inefficiency, which is why the new program is being piloted.

MORE INFO:

If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Decentralizing Nursing Home Care

Fri, 11 Nov 2011 08:00:00 EST

"Green Homes" -- personalized nursing homes with few residents and caretakers -- are a growing trend, which responds to substantial demand for more decentralized care. They seem to have many benefits, and other institutions can learn something from their practices, though questions remain regarding the feasibility of a such a program on a national scale.

There are 117 Green Houses in the United States. They are basically standard homes, each with approximately 10 residents and two certified nursing assistants. One registered nurse makes the rounds among 2 to 3 homes. 54% of Green House residents are on Medicaid.

Green Houses are just one part of a broader trend -- which began with a 1987 law designed to protect residents from abuse or neglect -- to de-institutionalize senior care. Nursing assistants in traditional nursing homes generally do specialized tasks, like workers on an assembly line. Life for residents is therefore usually rigidly scheduled. In Green Homes, assistants do all the work for less residents, so there is much more scheduling leeway and residents are able to form stronger bonds with their caretakers. The more lenient schedule also allows residents to be more independent.

A poll released by NPR in September showed that about 80% of retirees and near-retirees are uncomfortable with the idea of being confined in an uncomfortable institutionalized home. But the problem for building more Green Homes is that they require larger initial capital investments. Other than that, the costs are roughly similar. Benefits include fewer bedsores, longer time and deeper relationships with staff, and "higher satisfaction with the physical environment, privacy, their own autonomy, health care and meals." Employees also report less stress.

New Medicine Promises to Target Cystic Fibrosis Gene

Fri, 11 Nov 2011 08:00:00 EST

The medical community is experiencing a measure of excitement over positive results reported by researchers who tested a new gene-targeting drug that promises to relieve the effects of some cases of cystic fibrosis at their source.

Cystic fibrosis (CF) is a hereditary disease that causes thick mucus to build up in the lungs (sometimes in other organs), which causes breathing difficulties. The buildup causes infection and inflammation, often leading to death. The average lifespan of someone suffering from CF is 37.

The study was published this Wednesday, November 10, in the New England Journal of Medicine. The drug ivacaftor, designed by Vertex Pharmaceuticals, was shown to improve lung function by targeting the culprit gene, known as G551D. This restores a healthy equilibrium of salt and water in the patient's airways, thereby eliminating the mucus that is the hallmark of CF.

The good news, however, is relatively small. Only 4% of CF sufferers have G551D. Over 90% have CF from the gene 508-CFTR. Also, the test cannot say how long the effects of the twice-daily medicine will work after 11 months. However, as far as it goes, this is a substantial discovery, and is hoped to extend the life span of about 2800 people per year, in lieu of other treatments being used to today, which only target symptoms.

MORE INFO

If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Electronic Medical Records Breed Safety Risks

Fri, 11 Nov 2011 08:00:00 EST

The Institute of Medicine has come out with a warning that electronic medical records, which are now being so enthusiastically accepted throughout the medical community, may have dangerous consequences, stemming from the nature of new technology.

New technology may cause problems due to computer crashes, quirky systems, or software that does not communicate smoothly, or at all, with other software. These issues may cause "medication dosing errors, overlooked signs of a fatal illness, or delays in needed treatment."

The Obama administration has pledged $27 million over 10 years to incentivize computerized records, which they hope will make it to a majority of medical centers by 2015. The administration asked for an expert panel's recommendations on possible unintended consequences of this approach. The Institute of Medicine was chosen for the job, and they responded with a recommendation to set up an independent federal agency, which investigates issues related to computerized hospital records. They also recommended the FDA be tasked with regulating the industry if a problem arises.

The Institute of Medicine was also wary that sellers of software do not have enough of an incentive to report their products' vulnerabilities.

MORE INFO:

If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Injury More Likely for Women Drivers; NY Times

Wed, 09 Nov 2011 08:00:00 EST

A new study released earlier last month claims that women drivers are more likely to be severely injured than are their male counterparts by almost a 50% margin. This indicates that although recent efforts to increase the overall safety of automobiles have returned successful results, these results have not been equitably distributed among the sexes.

The research was conducted at the University of Virginia and published in The American Journal of Public Health on October 20th. Data was compiled on 45,445 crash victims from 2008 to 2010, thanks to databases at the National Highway Traffic Safety Administration. Women were found to be 47% more likely to suffer severe injuries. The research controlled for several variables, including height differences, weight differences, and vehicle differences (women were more likely to drive passenger cars, rather than buses and trains).

Researchers distributed their hypotheses for blame among regulators, car manufacturers, and women equally. Women, they believe, exhibit a more risky seating posture, which they believe can be corrected. They also advocate for women to be more mindful of "maintaining a good belt fit," as well as other safety features. As for regulators and manufacturers, the researchers emphasize differences in female neck strength, musculature, and shorter height and believe that more effort should be focused to accommodate for these differences, like adjusting the designs of head restraints.

MORE INFO

If you would like more information about how negligence and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Is the Compassionate Doctor Fad Dangerous?

Wed, 09 Nov 2011 08:00:00 EST

The New York Times featured an essay last week by a physician concerned about the recent emphasis on compassionate doctors. She calls it a "fad" and wonders whether empathy really does equate to better healthcare.

The University of Chicago Medical Center was recently granted $42 million to develop a new program bettering their student body's doctor-patient skills. Many med schools are already denying entry to applicants who do not communicate well. Recently also, the licensing test for physicians requires medical students to take a "clinical skills" exam, which includes, "How well they acknowledge patient concerns, ask about feelings and show empathy."

Dr. Lisa Rosenbaum wonders whether this new emphasis on compassion will come at the expense of competence.

After all, there has yet to be any published connection between good communicative skills and outcomes. An introverted, yet conscientious physician may well be less prone to making mistakes. We do, however, have a study out of the University of Pennsylvania, which determined that extroverts tend to be more competitive with colleagues and their excessive competition undermined the productivity of medical teams. This is in contrast with introverts, who tend to be better listeners.

Dr. Rosenbaum asks whether this dearth of statistics on the benefits of compassion is not worthy of a second look as the medical community plunges into its newest fad.

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If you would like more information about how medical malpractice and negligence cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Mammograms Don't Help Much According to Dartmouth Study

Wed, 09 Nov 2011 08:00:00 EST

What if breast cancer screenings were not as valuable as we thought?, asks a new study in the Archives of Internal Medicine published Monday, October 24.

According to this study out of Dartmouth, only 3-13% of women were actually aided by mammograms. This is out of the 60% of women with breast cancer who detected it with screening. In other words, only 4,000-18,000 women per year are helped by the exam out of 230,000 diagnosed with breast cancer and 39 million who received a mammogram. The results were obtained by comparing data on women's 10-year risk of developing the disease and their 20-year risk of death.

While the real numbers should not be brushed aside, the study is focused on the miniscule percentages. They note the four kinds of breast cancers, one of which represents the women helped. Some cancers grow slowly and are normally identified and treated without mammograms. Others are malignant no matter what is done. Still others are not deadly. (Especially for this latter cancer, overdiagnosis becomes both a health and financial burden.)

Finally, some cancers are fatal unless detected at just the right moment by mammogram. This is the demographic that gives mammograms their reputation but it is a rare breed and is becoming more rare as new technologies save more women without needing a mammogram.

Researchers realize that this is a new and counterintuitive way of thinking about the disease but the numbers seem to suggest to them that millions spent on awareness campaigns and billions on screenings may be put to better use in innovating cancer prevention and treatment for the most aggressive of cancers.

Comment:
If you ask any cancer patient whether they should have waited for their cancer to arrive and then aggressively treated it or would have preferred to monitor for signs of the early stages of cancer, what do you think they're going to say? I believe that 100% of cancer patients will opt for early diagnosis and treatment. Let's focus on early detection and treatment and at the same time have the scientists and researchers look for that miraculous breakthrough we all want.

MORE INFORMATION

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Light Drinking Related to Breast Cancer; Study Says

Tue, 08 Nov 2011 08:00:00 EST

A new study claims that small levels of alcohol intake for women is correlated with a higher risk of breast cancer, compared to women who do not drink any alcohol, presenting a dilemma for women who drink moderately to stave off heart problems.

The study, published Tuesday, November 1, in the Journal of the American Medical Association, shows that light to moderate drinkers (defined as three to six glasses per week) are at a 15% greater risk of breast cancer than women who do not drink. Moreover, women who drink two glasses per day are at a 51% higher risk.

The research, which was directed by Brigham and Women's Hospital and Harvard Medical School, followed nearly 106,000 women after they answered a survey in 1980 about their health and alcohol consumption. Data collection ended in 2008. The correlation was unaffected by when in a woman's life she began consuming alcohol regularly. Researchers did not settle on a reason for the correlation but hypothesized a relationship with the elevated level of sex hormones that wine may induce.
Some women may see these results as a dilemma if they drink wine moderately in order to stave off heart complications. An accompanying editorial also said that the study did not guarantee that giving up alcohol would reduce the risk of breast cancer. It might therefore still be worth the risk to err on the side of cardiovascular health, the editorial maintained.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

NYC Medicaid Fraud Settlement Prompts Unwanted Changes to Service

Tue, 08 Nov 2011 08:00:00 EST

In the wake of a settlement for $70 million meant to combat Medicaid fraud in New York City, advocates of the disabled are now expressing concern that some services may be cut, affecting the care of many in need.

The settlement, filed by the City of New York last Monday, October 31, was paid to alleviate what whistle-blower Dr. Gabriel Feldman considered to be superfluous service, including upwards of $150,000 to sustain people at home instead of providing for cheaper service at nursing homes. This was originally touted as a victory for the disabled, because the wasted money would now be under greater scrutiny, and more funding would be available for non-fraudulent services.

But some are concerned that the city is now cutting back on services that some depend on. In a letter sent this week to the US attorney for Manhattan and the federal Medicaid administrator, advocates like Legal Aid Society and Selfhelp Community Services have pointed to a letter sent from city officials to 100 people that "their services would be discontinued." These services include 24-hour care like bathing and toileting, which are crucial to keeping the individuals at home rather than in nursing homes.

On the other hand, city officials contend that those truly eligible for the services will remain covered. Since the mailing was merely a routine service update, anyone may appeal the decision.

Whether it is routine or not, the fact of the matter is that changes to the care of certain disabled individuals are now in the works in New York City thanks to its recent settlement.

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If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

$280K Wrongful Death Award for Anesthesiologist's Error; Upstate New York

Thu, 03 Nov 2011 08:00:00 EST

A $280,000 verdict for pain and suffering was handed down last week to the family of a Plattsburgh woman, who died because of an anesthesiologist's negligence at Champlain Valley Physicians Hospital (CVPH).

70-year-old Ruth Rosoff was admitted to CVPH on November 11, 2007 with an infected bladder. She was suffering from septic shock, or dangerously low blood pressure due to a terrible infection. The medical team could not operate because Ms. Rosoff was suffering from further complications of diabetes and chronic kidney problems. For weeks, they worked to, "get her blood levels in line before" the fatal procedure on December 11.

Dr. Richard Todd, the anesthesiologist, checked blood pressure readings, which were confirmed earlier in the day to be normal. There were signs, however, of dehydration. By the time of surgery, Ms. Rosoff's blood pressure had fallen to 70 over 30 -- a dangerous level. Dr. Bijoy Samaroy performed a laparoscopic procedure (minimally invasive surgery, using camera tubes to enter body cavities) without being aware of the blood pressure readings. After surgery, the blood pressure had fallen slightly more, at which point Dr. Todd prescribed medication to raise Ms. Rosoff's blood pressure. He also gave her 200 ccs of fluid and called for Dr. Samaroy. Upon discovering the dire situation, Dr. Samaroy ordered 500 ccs more fluid. Her primary care physician (PCP) was then summoned and he ordered a transfusion, which took hours to provide.

Ms. Rosoff was pronounced dead at 4:00am on December 12 of intra-abdominal bleeding and persistent low blood pressure. Both Dr. Samaroy and the PCP agreed Dr. Todd had departed from protocol, contributing substantially to the death.

As a practicing medical malpractice and wrongful death attorney in New York, I deal with the horrific consequences of medical negligence like this every day. If you would like more information about how medical malpractice and wrongful cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Colonoscopy Hidden Dangers

Thu, 03 Nov 2011 08:00:00 EST

Colonoscopies -- normally considered safe procedures -- have come under fire thanks to a new analysis presented this Tuesday at the American College of Gastroenterology in Washington DC. Of all the relevant procedures covered in the study, colonoscopies carried the most "adverse events" in recent years.

Of approximately one million annual colonoscopies in New York, about half take place outside the hospital. Negative outcomes from these, as well as from gynecologic operations, upper endoscopies, and other invasive procedures were mandated to be reported to the NYS Health Department since 2008 -- a quirk only of New York law. This was the data studied.

In all, the figures indicated 391 complications associated with colonoscopies, including 43 following combined colonoscopy-upper endoscopy procedures. 134 patients had to be moved immediately for treatment at a different hospital. Still 212 others had to go to the hospital for treatment days or weeks later.

Nine patients died within two days of their colonoscopy. The reasons for the hospitalizations or deaths included "heart and breathing impairments, complications linked to pre-existing disorders, seizures, infections and allergic reactions." Eleven spleens were lacerated, while others suffered perforated colons and other issues.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with many cases involving a failure to diagnose perforation leading to sepsis and death. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Physicians in Malpractice Hot Seat; Communication Failures

Thu, 03 Nov 2011 08:00:00 EST

A study published this week in the Journal of the American College of Radiology documented the rising connection between problems in communicating diagnostic information and malpractice claims.

The research was prompted by studies like one, which showed that malpractice payments related to diagnosis between 1996 and 2003 increased about 40%, and researchers were already aware that diagnostic exams were being ordered at a more and more exceptional rate. The new study was released out of the SUNY Downstate Medical Center radiology department in Brooklyn, and identified three variations of communication malfunctions: a long turnaround between ordering a test and receiving results at the lab; delays in reporting findings; and the general failure of doctors or patients to receive the results.

The study used the National Practitioner Data Bank (NPDB) to show that these categories of communication failure accounted for $21.7 million in 1991 malpractice awards and $91 million in 2010 awards. This was shown to be a $4.67 million annual rise on average. Furthermore, the percent of all malpractice awards from communication error rose from 0.93% to 2.31% within the same period. A separate data set from an insurance company showed that from 2004 to 2008, communication failures accounted for 4% of malpractice cases and 7% of payments.

The paper's authors advocated some sort of automation process for making sure examination data is reported as quickly as possible. According to their paper, the system should work to, "improve notification reliability, improve workflow and patient safety, and, when necessary, provide legal documentation."

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Emergency Medicine: Litigation Spawns Caution in Admission and Discharge Rates

Thu, 03 Nov 2011 08:00:00 EST

Two recent studies indicate that decisions made by hospitals to admit patients and discharge patients have become increasingly reliant on fears about medical litigation. Both studies were published in the October issue of the journal Annals of Emergency Medicine.

The first study surveyed 849 emergency department doctors from inner-city hospitals. 11% of respondents admitted to "medico-legal" concerns being the primary source for admitting patients, who may potentially suffer acute coronary syndrome, which is an emergency condition when the heart does not receive enough blood, resulting in a heart attack or unstable angina.

The second study looked into 27 emergency departments in New York and New Jersey. From 1996 to 2010, patients with congestive heart failure who were discharged directly from the ED decreased from 24% to 9%, respectively -- a 63% decrease. The study's authors contend the reason for keeping patients longer was likely fear of medical liability.

The author of the first study also identified "economics, hospital crowding and time constraints" as factors influencing admission and discharge decisions.

On the one hand, some see this as a problem because it indicates more work for the hospital and therefore higher medical costs. On the other hand, some see this as a welcome development for patients' safety.

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If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Quadruple Amputee Toddler Receives $10M

Mon, 31 Oct 2011 08:00:00 EST

A settlement for $10 million has been agreed to in a significant negligence case, which left a 2-year-old girl without legs and hands last November. The payment is considered one of the largest medical malpractice awards in California history.

Malyia Jeffers's parents took her to Sacramento's Methodist Hospital for emergency treatment. She was suffering a fever, skin discoloration, and weakness. There, the family was asked to wait as Malyia grew weaker and weaker. Her parents feared for her life as they saw bruising spread through her body as the hours crept by. Although the family repeatedly called for attention, the staff did not rush. After five hours, Malyia was finally brought in front of a doctor, who decided to transfer her to Stanford University's Lucile Packard Children's Hospital. Streptococcus A bacteria was then discovered to be spreading through Malyia's organs and blood. That was when doctors resolved to amputate her legs, left hand, and part of the right hand.

Three months after operation, Malyia was moved to another Sacramento hospital. She is currently in therapy. Most of the money will go for Malyia's immediate use, toward "expensive medications, custom prosthetics, special garments and wheelchairs," which she will need for the rest of her life. The rest of the money will be paid out in installments of about $17,000 to $34,000 per month from the time she is 18 years old.

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If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

'The Kidney Guy' Pleads Guilty to Facilitating Black Market

Mon, 31 Oct 2011 08:00:00 EST

An Orthodox Jewish man from Brooklyn pled guilty this Friday, October 28, to facilitating kidney exchanges on the black market -- the first such case in American history. The charges were one count of conspiracy and three counts of taking cash related to acquiring human organs intended for transplants.

The plea was made in the Trenton, NJ, federal district court by 60-year-old Israeli citizen Mr. Levy Izhak Rosenbaum. Court spectators had expected a guilty plea only to the count of conspiracy. For brokering kidney transactions for $120,000 or more, Mr. Rosenbaum now faces 20 years behind bars.

Mr. Rosenbaum's arrest was part of the highly-publicized Orthodox community FBI sting in New York and New Jersey involving then-NJ Attorney General Chris Christie on July 23, 2009.

Rosenbaum was involved in a Brooklyn-based charity known as Kav Lachayim (“path to life”) United Lifeline. He is devoutly religious and was considered to have both the demeanor and the background of an individual highly unlikely to engage in organ-trafficking. Still, after using an undercover FBI agent, who infiltrated the organization and a real-estate investor criminal-turned-informant, the FBI gathered the necessary evidence to bring Mr. Rosenbaum to court.

Fatal Cyclist Hit-and-Run Leaves Perpetrator Blameless

Mon, 31 Oct 2011 08:00:00 EST

A bizarre hit-and-run case has developed in Williamburg over the past two weeks, which resulted in the police department's conclusion that the driver was not necessarily aware that he had hit anyone.

At around midnight on Wednesday, October 19, 30-year-old artist Mathieu Lefevre, a native of Canada, was cycling south alongside a flatbed truck. They both made the turn east but Lefevre was caught beneath and dragged about 50-60 yards down the street. He was pronounced dead at the scene. Soon after, police found the truck parked legally several blocks away without the driver. After a few days, the driver was found but police concluded no criminality. To the NYPD, the driver could very well have been unaware -- and was likely unaware -- that a body was being dragged or rolled beneath his truck.

Last week, pedestrian and cyclist advocates like Transportation Alternatives, Lefevre's family, and supporters rallied at 1 Police Plaza downtown to protest both what they viewed as the police's pattern of lackluster prosecution of crash instigators, as well as their stonewalling of information. Lefevre's parents had travelled from western Canada but had yet to receive the NYPD's information to conclude for themselves whether the case was rightly dropped.

As a practicing wrongful death and personal injury attorney in New York, I deal with tragic accidents like this every day. If you have experienced related problems, I may be able to help.

MORE INFO

If you would like more information about how negligence and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

CDC fights for safer Cancer Centers

Thu, 27 Oct 2011 08:00:00 EST

Outpatient facilities, such as cancer clinics, are not as heavily regulated as hospitals are. In response to high numbers of infections across the nation's cancer clinics, the Centers for Disease Control and Prevention (CDC) is launching an effort to slow the trend.

The campaign began in July, when the CDC published a guide for infection prevention for independent and specialized clinics. This week, the CDC began promoting guidelines for proper medical hygiene. The rules will only be adopted voluntarily. Another website has also been set up for patients to access information about infection prevention.

The guidelines recommend each needle, syringe, saline-solution bag and medication vial to be used once per patient, and not to be used for any other patients. But too many health care professionals do not follow this standard. A study last year found that 6% share vials among patients, 15% share syringes, and almost 50% save vials for other patients.

In contrast to a recent study on decreasing hospital infections after the adoption of prevention strategies, over 125,000 people have been potentially exposed to disease through poor infection procedures in cancer clinics. One now-closed facility in particular is known to have induced 29 cases of hepatitis B thanks to improper sterilization techniques. 2700 patients were at risk overall. Cancer patients are at a high risk of infection because of their weak immune system. Almost 60,000 cancer patients are hospitalized for infections each year.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Midtown Manhattan is as Dangerous as it Gets for NY Pedestrians

Thu, 27 Oct 2011 08:00:00 EST

According to Transportation Alternatives, a transportation safety advocate, Midtown Manhattan is far and away the busiest location in New York City for pedestrians. Meanwhile, pedestrians in New York are generally twice as likely to be fatally injured by a car than those in Berlin, Tokyo, and Paris.

Transportation Alternatives, an accident watchdog and advocate for bicycle travel and walking, released its statistics in their first "Walking in Traffic Violence" report.

The primary offender is Midtown, which stretches 42 blocks south of Central Park, and runs from Eighth Ave. to Lexington Ave. Between 1995 and 2009, 8,604 pedestrians were killed by cars in the area. Transportation Alternatives and pedestrians are not surprised. The area is a compact hive of activity full of aggressive drivers, they say.

The fatality figure contrasts starkly with that of other districts. The second-most dangerous district is in Jamaica, which saw 4,741 crashes in that time period -- a figure just over half of the Midtown total. Trailing in third place is the Upper East Side's District 8 at 4,694 fatalities. Its southern neighbor, District 6, comes in fourth place with 4,543 fatalities.

Transportation Alternatives is calling for the city to prosecute traffic violators more forcefully.

As a practicing negligence and accident attorney in New York, I deal with car accidents like these every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help. If you would like more information about how accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Panel Recommends HPV Vaccine for Boys

Thu, 27 Oct 2011 08:00:00 EST

The Advisory Committee on Immunization Practices, an influential government panel, has voted on a recommendation for boys to be vaccinated with the HPV vaccine, a step normally recommended for girls.

The HPV (human papillomavirus) vaccine is meant to prevent cervical cancer, which occurs 15,000 times per year for females, and anal cancer, which occurs 7,000 times per year for males. Both sexes are approved for inoculation between ages 9 and 26, and usually take it at age 11 or 12. One area of pushback from parents is that this age is too early for kids to be thinking about sex, but proponents say the vaccine is effective only if it is administered before the child becomes sexually active.

The worry regarding males and HPV is three-fold. There is the risk of genital warts, the risk of anal cancer (against which the vaccine is 75% effective), and the risk of passing it on to girls who may develop cervical cancer.

Meanwhile, few males and females take the vaccine. Fewer than half of girls have taken one of the recommended three shots and just a third have taken all three. Some studies show that only 1.5% of young males have received the shot. This is partially due to parents' squeamishness about their children's sexuality. For men, it may also be due to parents' reluctance to consider that their sons may be gay.

But the advisory committee sees this as beside the point. With their recommendation -- the first to strongly recommend regular vaccination -- federal health officials are expected to take up the cause as they usually do after the panel releases its views.

MORE INFO:

If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Kids Visit ER More for Brain Injuries

Thu, 27 Oct 2011 08:00:00 EST

The Centers for Disease Control and Prevention (CDC) have released a new report this month that emergency room visits for traumatic brain injuries (TBIs), like concussions, by children have increased substantially over the past decade.

The age group up to 19 years old saw the ER for TBIs 153,373 times in 2001 and 248,418 in 2009. This is a 62% rise. The numbers may be due to several factors besides danger, including the increased prevalence of dangerous sports, or an increased insistence on the part of coaches and parents to visit the hospital for injuries. Still, the aggregate increase is worthy of addressing.

Children's brains are more resilient to damage than are older individuals' brains, but recovery takes longer and they are also more susceptible to long-term impairment in the areas of "memory, behavior, learning, and/or emotions." This is perhaps because children are "more vulnerable to the chemical changes that occur following a TBI."

Males, who account for 71% of TBI visits to the ER, were injured most while playing football of biking. Females, on the other hand, were injured most often while playing soccer, basketball, or biking. 70.5% of kids treated for TBI were between the ages of 10 and 19.

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If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

How Not to Die From Gall Bladder Surgery; Miami Medical Malpractice Lawyer Explains

Thu, 27 Oct 2011 08:00:00 EST

In today's blog post, Spencer Aaronfeld, a Miami medical malpractice lawyer, writes about the dangers of gallbladder surgery. Read his post here; it's very informative.

As someone who has handled many laparoscopic cholecystectomy cases here in New York, I can relate to Spencer's article that also gives you questions to ask your surgeon before going ahead with gallbladder surgery. It's a worthwhile read.

Peninsula Hospital Staff Cut Under Bankruptcy

Wed, 26 Oct 2011 08:00:00 EST

A Far Rockaway hospital is going through a restructuring that threatens the careers of fifty employees, highlighting the dangerous consequences of poor management in a tough economy.

50 layoff notices were distributed at Peninsula Hospital to staffers this Monday, October 26, including to X-ray technicians and respiratory therapists. Peninsula is now in the middle of a bankruptcy restructuring after MediSys Health Network had to hand the hospital over to Revival Home Health Care in September thanks to a debt of over $60 million.

Layoffs occur 30 days from the day of the notice. This was not a surprise to the workers and their union, 1199 SEIU, but it certainly does not come as a welcome development. Still, the workers have a union safety net, consisting of job placement and extended benefits.

Part of the restructuring included the addition of a new chief restructuring officer and new chief financial officer.

The CEO of Peninsula remains optimistic that the hospital will begin rehiring the laid off workers as soon as their finances are in order. Until that time, the staff will have to work under an indefinite staffing strain.

More Info:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

NYC Hospital Merger Raises Questions for Patients

Wed, 26 Oct 2011 08:00:00 EST

Two major players in the NYC hospital industry expect to partner up in the near future, but controversy abounds over the potential near-monopoly problems which may arise.

Continuum Health Partners and NYU Langone Medical Center have yet to fully define their partnership, but it was confirmed by executives last week. Continuum's budget is $2.5B and NYU's is $2.7B. Continuum operates Beth Israel Medical Centers in Manhattan and Brooklyn, as well as St. Luke’s and Roosevelt Hospitals and the New York Eye and Ear Infirmary in Manhattan. Since St. Vincent's in Greenwich Village closed last year, Manhattan's Beth Israel has been picking up many of their patients and Continuum is experiencing a "moment of strength," allowing it to move ahead with this deal. Continuum represents 26% of all Manhattan inpatients, while NYU operates a smaller share, but its patients come from a wider geographic swath. Each also specializes in different medical sectors.

Medical institutions around the nation have been merging left and right in response to certain regulations of the national health law. Many are concerned that greater centralized market shares will lead to higher costs as more powerful health groups negotiate insurance prices up. This could also hurt smaller competitors. St. Vincent's, for example, closed partially because they were not able to negotiate higher prices. Recently, the Federal Trade Commission (FTC) has opened hearings on a merger in Ohio, while simultaneously investigating dozens of similar cases.

One patients' advocate expressed concern that lower-income patients might lose options. Today, "NYU is virtually inaccessible" to them, she claims. Concerns arise for nearby hospitals like Bellevue Hospital, which currently serve many low-income patients.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

The Pitfalls of Posting ER Wait Times

Sun, 23 Oct 2011 08:00:00 EST

In response to a problem related to Emergency Room wait times, some hospitals have begun experimenting with timer systems, in which prospective patients can see the average ER wait time, either online or on the side of the road on the way to the hospital. Several concerns have been raised about this new practice, however.

The problem was that many people were simply abandoning waiting rooms after waiting for too long. These people, recorded as "left-without-being-seen", not only bypass their own treatment, but also represent lost revenue for the hospital. Streamlined management techniques can effectively reduce their incidence, and some health systems are dealing with the problem by informing patients of the wait times at their multiple emergency rooms, if they own more than one.

One immediately apparent problem is that the average wait time does not reflect the time everyone will wait. Some will be rushed through, and others with less pressing issues will have to wait longer. Some patients are transported by helicopter or ambulance, and therefore have no choice: they are taken to the nearest hospital. In fact, some are concerned that people with chest pains may opt to travel to a more distant hospital for a shorter wait time, without knowing that such patients are usually taken immediately.

One other concern is that this might actually increase emergency room visits because people with normal conditions, such as the common cold, may decide to stop in frivolously if a posted wait time is short enough.

MORE INFO:

For more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Bullet Kills Woman; Family Sues NY City for $10 Million

Sun, 23 Oct 2011 08:00:00 EST

The family of a now-deceased Brooklyn woman caught in the middle of gunfire is suing the city and police department for what they believe was an errant bullet.

After the shootout, ballistics tests indicated that the bullet, which hit and killed Denise Gay, 56, could not be linked to either of the shooting suspects. The family believes that a police officer's bullet -- one of 73 -- fatally hit Ms. Gay.

The violence occurred near the West Indian Day Parade on September 5 in Crown Heights, Brooklyn. Two men, Leroy Webster and Randy Johnson, were shooting at one another. Johnson was shot before cops were able to respond, at which point a shootout erupted, and two police officers were wounded. Johnson later died from his wounds. Ms. Gay was on her porch at the time, talking to her 20-year-old daughter, when she was fatally shot. Her family has now filed a notice of intent to sue with the city comptroller, claiming $10 million in damages.

The violence was part of a larger activity of more than a dozen shootings over Labor Day weekend in NYC this year, which left 10 dead and more than 50 injured.

MORE INFO:

If you would like more information about how negligence and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Police Investigate Baby's Death at Long Island Day Care Center

Sun, 23 Oct 2011 08:00:00 EST

Tragedy struck at a day care center in Levittown, where a 4-month-old baby was found not breathing this Thursday, October 20.

Karen Shriver, owner of her self-named center, which has been in operation for 14 years, said she had checked on the baby -- whose name has not been released -- at 11am and at noon, and noticed no complications. At 12:30pm, however, she checked again and noticed a skin discoloration, which authorities call a "cyanotic state."

Ms. Shriver attempted cardiopulmonary resuscitation on the baby from Syosset after she noticed the discoloration and lack of breathing. By 12:47, she had the Nassau County police on the phone. They took the baby to Nassau University Medical Center in East Meadow. At 1:08, he was pronounced dead. NUMC is a municipal, or county-based hospital.

Police have not indicated any possible criminal activity yet. However, a suspicious detail remains. According to published news reports, in July this year, inspectors issued two violations regarding a worker, who had not been checked against criminal history, child abuse, and maltreatment databases. The violations remained uncorrected, but the Karen Shriver center's license had not been demoted.

Officials and police are investigating the death.

MORE INFO:

For more information about how medical malpractice, negligence and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Surprise: Vitamin E May be Risk for Prostate Cancer

Sun, 16 Oct 2011 08:00:00 EST

A new study, published in the Journal of the American Medical Association this week, claims that vitamin E does not decrease the risk of prostate cancer -- as was once believed -- but may contribute to it.

The research followed over 35,000 healthy and middle-aged men, who took 400mg pills of vitamin E or placebo every day. The risk of cancer increased 17% for the test group. 423 research sites participated in the study.

The study began in 2000 with the premise that prostate cancer would be diminished by 25% with enough vitamin E consumption. Vitamin E is an antioxidant, which meant it was supposed to help "prevent the kind of DNA damage associated" with cancer. However, in 2008, the study was cut off when no positive results were noticed. After examining the data over the course of three years, researchers were able to determine a significant risk.

One criticism of the study steadied the claim that vitamin E increased the risk, because the correlation of increased cancer rates with vitamin E does not prove causation.

This is the second time prostate cancer science has taken a hit this week. A government-sponsored task force earlier recommended against prostate cancer screenings, claiming they too do not help, and may have unintended risks.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Harvard Study: Worst Hospitals Take on More Minorities, Poor

Sun, 16 Oct 2011 08:00:00 EST

A new study from the Harvard School of Public Health takes a look at the demographic health inequalities that correlate with the best and worst hospitals. The results are not very surprising: the worst and most costly institutions are far more likely to cater to minorities and the poor. But this information informs us about what might be some of the consequences of a new nationwide system that mostly benefits the most successful hospitals.

The study combed through 3200 of the nation's hospitals. The 122 hospitals in the top quartile of least expensive and highest quality were labeled "best," while the 178 hospitals in the bottom quartile of most expensive and lowest quality were labeled, "worst."

Patients at the worst hospitals were more likely to be black, more likely to die from heart attack or pneumonia, and less likely to be treated if on Medicare. The worst hospitals were more likely smaller and located in the South.

In 2013, Medicare payments will be increased for better and more-improved hospitals, and will be cut to those below the fold. But the "worst" hospitals are already seeing their funding in decline, thereby making their ability to improve that much more difficult.

The study also looked at high-quality, high-cost hospitals, which were seen to be high-quality because they were high-cost. If they try to be more financially efficient, they may lose their quality, and may therefore also lose funding.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Kidney Dialysis Leads to Bloodbath & Death

Sun, 16 Oct 2011 08:00:00 EST

You would think going to dialysis is a routine thing. You have to go every other day to “wash your blood” of contaminants. Your kidneys are not working well enough to filter out all the impurities in your system, so you need to have dialysis on a regular basis.

How do they connect the dialysis equipment to you? Do they need to put a needle in like an IV every single time? How does the blood go in and come out after it has been rinsed clean?

The answer is with something called a “shunt." They shunt connects the arteries and the vein together and allows easy access for the dialysis center. To insert a shunt requires a surgical procedure. The nurses at the dialysis center are required to check that the shunt is clean, healthy-appearing and not infected. If the patient begins to bleed from the shunt or there is an infection, the patient requires immediate treatment before continuing with dialysis in that arm.

Here is how a woman came home one day to find her husband in a total bloodbath that led to his death. She came home from lunch and immediately noticed blood on the floor from the front doorstep all the way to the bathroom toward the back of the house on the first floor. As she followed the blood on the floor she found her husband dead on the bathroom floor. The scene that greeted her was horrendous. There was blood everywhere.

It was on the ceiling, it was on the wall, it was on the floor, it was soaked on a towel and bandages. The police officers arrived on the scene and they thought it was a murder scene. Further investigation by detectives quickly revealed that this had nothing to do with any criminal activity. Instead, it had to do with his shunt that had ruptured causing him to bleed to death on the floor of his home.

The New York City medical examiner did an autopsy, which is a physical examination of the patient, after he died. They came to the conclusion that the reason the shunt ruptured was because it was infected and the hole, through which dialysis access is obtained was had become severely enlarged, causing the rupture. Medical experts we consulted confirmed that the patient's infection should have been diagnosed and treated immediately. Had the nurses and technicians recognized that he had a problem with his shunt, he would have been sent to the emergency room and received treatment for the infection and likely had another shunt inserted into the other arm.

The dialysis center's failure to timely recognize and have the patient sent for immediate treatment led to his shunt rupturing leading to a bloodbath of a nightmare on that fateful day.

Why do I tell you this story? I tell you this because you may find yourself in a similar situation were you received medical care and treatment and you have questions about whether the treatment was appropriate. You have questions about why you or your loved one suffered significant injury and want to know whether everything was done right.

My suggestion is to pick up the phone and call me, since I answer questions like these every day. You can reach me at 516-487-8207 or by e-mail at lawmed10@yahoo.com. I welcome your call.

NY's Most Dangerous City Intersections

Sat, 15 Oct 2011 08:00:00 EST

Transportation Alternatives, a traffic safety advocacy group, is launching a new website this week, which aims to provide information and statistics on accidents, fatalities, and injuries in the streets of New York City. The new site -- crashstat.org -- features block-by-block figures on pedestrian and bicycle crashes based on data compiled from 1995 to 2009.

The most dangerous intersection for pedestrians is on 33rd St. and Park Avenue in Murray Hill. This location has taken one person's life and has injured another 163 over the 15-year period. What makes the intersection particularly dangerous is a 3-foot-high barrier in the middle of Park Avenue, meant to stop traffic from crossing.

Cyclists are most threatened at the corner of East Houston St. and Bowery. The second worst intersection is nearby at Houston and First. Respectively, 41 and 37 bicycle crashes were recorded at each location.

New York City's Department of Transportation immediately pushed back. They claim that because of their safety initiatives, safety has in fact increased in these hotspots. Traffic fatalities are at an all-time low, according to the DoT, having dropped by 37% since 1995.

In compiling the data, Transportation Alternatives complained to have had scant cooperation from the NYPD, despite laws forcing them to be more forthright. The information therefore had to be culled from disparate sources.

As a practicing accident and personal injury attorney in New York, I deal with tragic accidents like those crashstat.org memorializes every day. If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

"Where's the Beef?" Two Beef/E. coli Recalls within Last Month

Sat, 15 Oct 2011 08:00:00 EST

Two beef recalls this past month have been issued over fears related to E. coli in the United States. The total recall encompasses approximately 509,000 pounds of ground beef.

The first recall was issued on September 28 by Tyson Fresh Meats Inc., recalling about 131,300 pounds of Kroger-brand ground beef, Butcher's Brand beef, and generic label beef. The recalled beef was made on August 23 with a best-before-or-freeze-by date of September 12. At the time of recall, Tyson believed that most if not all of the potentially tainted beef must have already been consumed. The bacteria was founded after leftover beef tested positive at a private home. The Department of Agriculture had been notified of several E. coli illnesses by the Ohio Department of Health.

The second, more recent, recall, issued on October 12 by LA-based Commercial Meat Co., recalls 377,775 pounds of ground beef processed between September 7 and October 7. Beef in the form of bulk ground beef, patties, taco meat and chili were included in the recall. Routine testing discovered the bug and no related illnesses have thus far been reported.

The United States suffered from a deadly E. coli strain in 1993, which took the lives of 4 individuals after eating hamburgers at the Jack in the Box chain. Since then, an anti-E. coli crusade has successfully diminished the bacteria's effects: infections were decreased by one half between 1997 and 2010. Symptoms of the E. coli bacteria include diarrhea, cramps, nausea, and headaches. Infants, young children, the elderly, and people with weak immune systems are at particular risk.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

WARNING TO MEN: US Government Says Prostate Cancer Screenings are Unnecessary

Sat, 15 Oct 2011 08:00:00 EST

Earlier this week, the United States Preventive Services Task Force dropped a bombshell recommendation: regular prostate-specific antigen (PSA) tests are superfluous and may cause more harm than good. An independent study from Oregon Health Science University, published in the Annals of Internal Medicine, backs the task force's recommendation.

Researchers looked at five studies and discarded three, whose methods they deemed flawed. The discarded three also did not find any benefits to screening. The two studies which carried methodological weight, according to the Oregon researchers, were published in March 2009 in The New England Journal of Medicine. They followed about 258,700 men between the ages of 50 and 74 in Europe and America. Some men were given regular screenings, unlike the control group, and all individuals were followed for several years. These studies also had several flaws, but they did not affect the results significantly. Both concluded there to be no benefit to screening.

According to one of the researchers, the risks involved are slightly higher for those who are screened. To understand why, one must understand that prostate cancer is not necessarily fatal. Many people live with it without ever knowing. On the other hand, the knowledge of prostate cancer carries with it the understandable wish to eradicate the cancer, which often puts patients through aggressive treatments, which may injure internal organs and cause unintended medical conditions like impotence or incontinence.

Still, other doctors point to evidence that fatalities from prostate cancer have decreased since PSA testing was introduced. A middle course may yet be traced, whereby only those at higher risk of prostate cancer, like those with a family history, are tested.

COMMENTARY:

Let me see if I understand what the federal government is suggesting: There is a chance you might have prostate cancer, but don't bother checking because studies show risks of evaluating it can outweigh the risk of finding the cancer! This makes perfect academic sense. However, if you are the one with cancer that is undiagnosed, you're going to feel horrible when you learn the cancer has spread throughout your body. Then where will the federal government be to stop the spread of your disease?

I guarantee you they won't be sitting next to your bed in the hospital as you slowly waste away as the cancer kills you.

MORE INFO:

If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Three LI Bus Crashes Tarnish End of the Week

Sat, 15 Oct 2011 08:00:00 EST

Long Island suffered one bus accident on Thursday and two on Friday. The first one injured 27, including 14 children, and the two on Friday left only one injured.

The Thursday crash occurred about 9am in Cedarhurst, Nassau County. The collision involved an MTA bus and a school bus with preschool students. All injuries were minor and the thirteen MTA injuries included the driver, Joseph Pannell. All the children were released from the hospital by the end of the day. The MTA bus hit the side of the school bus, but the cause of the accident has yet to be determined and authorities are still investigating who had the right of way.

The Friday accidents occurred in Suffolk, early in the morning. The first accident took place in Brentwood at 6:47am. A car had collided into a Suffolk Transit bus. The car's driver was injured and had to be taken to a hospital.

The second accident occurred at 6:55am in Shirley. A school bus travelling south made a turn east just as a car moving north ran its light. The car slid beneath the back of the bus behind the wheels, crushing the entire front of the car. Luckily, no one was hurt, but the driver was issued a summons for running the red.

As a practicing car accident and personal injury attorney in New York, I deal with dangerous accidents like these every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

MORE INFO:

If you would like more information about how car, bus and truck accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Overdose Fatalities Reach Milestone

Fri, 14 Oct 2011 08:00:00 EST

According to new data compiled from the Centers for Disease Control and Prevention (CDC) by the LA Times, 2009 was the first year in which drug overdose deaths exceeded traffic deaths in the US since the government began counting in 1979. 2009 saw 37,485 overdose deaths and 36,284 traffic deaths.

While the drug fatality rate has doubled in the last ten years (claiming one life every fourteen minutes), traffic deaths have steadily declined by more than a third since the early 1970s even though more drivers are racking up more miles. Experts credit public traffic safety policy, like seat belts and air bags.

Recent increased drug use is related to an rise in the prescription of pain (OxyContin, Vicodin) and anxiety drugs (Valium, Xanax). Vicodin is the most regularly abused of the bunch and overall use has increased threefold from 2000 to 2008. Fentanyl is the newest such narcotic, with a strength a hundred times that of morphine. These prescription drugs are particularly dangerous when mixed with alcohol or other drugs and now cause more deaths than both heroin and cocaine, combined. Prescription drugs are sometimes thought to be more dangerous because users feel protected by the legitimate and official manner of the doctor/pharmacy transaction. A black market, often on the internet, has developed to supply the growing habit.

The Times makes the case that this trend has its origin in the attempt by the medical community to mitigate suffering. As such, efforts have been designed to stem the tide through regulation. Voluntary initiatives, drug-monitoring programs, and other efforts have thus far been unsuccessful, leading some to admit that, "we don't know a lot about how to reduce prescription deaths"

MORE INFO

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Four Listeria-Related Recalls Last Month

Fri, 14 Oct 2011 08:00:00 EST

Recently, the cantaloupe-listeria outbreak was determined to be the second largest in US history. Last month, four other separate recalls were issued due to the identification of listeria bacteria during standard testing.

On September 14, Fine Mexican Food Products recalled 3,243 cases of avocado distributed since June. No related illnesses were reported. The bacteria was found in sample test results.

On September 19, Queso Fresco Casero Fresh Cheese recalled its 16-oz packages stamped with code date 9-14. The Washington State Department of Agriculture conducted the testing and found the pathogen.

On the 30th, Publix Super Markets recalled its 16-oz containers of spinach dip after routine testing found the bug. No illnesses have been relayed due to Publix dip.

Also on the 30th, True Leaf Farms recalled 2500 cartons of romaine lettuce, which were shipped on September 12 and 13. No illnesses have been reported from the products of this California-based company, which sends its lettuce to 21 US states. This time, the FDA, through a research program, found the listeria.

Listeriosis causes gastrointestinal problems and flu-like symptoms in most people. Pregnant women are at a risk of miscarriage or stillbirth, and the elderly or those with weakened immune systems may suffer more debilitating effects, including meningitis and death. The cantaloupe listeria, which has been fueling much of the recent panic, has thus far been responsible for 109 illnesses, 21 deaths, and 1 miscarriage.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

A Cure for Peanut Allergies?

Fri, 14 Oct 2011 08:00:00 EST

Scientists have announced an exciting new development, which may signal a cure for peanut allergies. According to their findings, the immune system of laboratory mice allergic to peanuts was successfully "tricked" into disregarding peanuts as a foreign threat.

The research now holds significant promise for thousands of individuals suffering from the allergy. The allergic reaction is known as anaphylactic shock or anyphylaxis. 1-15% of Americans are at risk of anyphylaxis and 15,000-30,000 cases of food-induced anaphylaxis are recorded each year in America. The reaction is characterized by "anxiety, abdominal pain, cough, nasal congestion, difficulty breathing and swallowing, nausea, and vomiting." 100 to 200 anaphylaxis-related deaths are recorded every year in America.

But now, people who spend their entire lives in fear of eating the wrong thing may have a cure. Researchers at Northwestern University described their work in the Journal of Immunology:

Allergic mice were given specially engineered blood with peanut proteins attached to white blood cells, which are the core of the immune system. When introduced to further peanut extract, the immune system did not react because it was recognized as normal to the body.

The researchers also believe this method could work for other food-induced allergies and have already experienced similar success with egg proteins.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Teenage Driving Restrictions only Postpone Crashes

Mon, 10 Oct 2011 08:00:00 EST

A new study indicates that state licensing restrictions for teenage drivers only postpone accidents without necessarily preventing them.

The impetus for tougher restrictions on younger drivers is to guarantee a level of proficiency before licensure. Indeed, the study, which looked at accident information from 1986 to 2007 among 16- to 19-year-olds, acknowledged 1,348 fewer fatal crashes among 16-year-olds due to the graduated driver programs. Most studies evaluating the programs normally end at these optimistic figures, aiding licensing restriction arguments with a 30% drop in teenage highway fatalities. However, this study, which was published in The Journal of the American Medical Association, noticed that 18-year-olds experienced a spike of 1,086 more fatal crashes despite graduated driver programs. In other words, about 80% of crashes were merely postponed by 2 years. This indicates a net improvement, but nowhere near the kind of success previously understood.

The primary hypothesis is that many teenagers postpone the licensing process altogether and bypass the rigorous training 16-year-olds now have to go through. Now, more 18-year-olds take to the road with less experience.

Another hypothesis is that the emphasis on early "co-driving," with an adult in the passenger seat, does not do as much for experience as does the responsibility inherent in driving alone. In other words, restricted drivers are not necessarily more prepared for the road later just because they trained with supervision earlier.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with terrible accidents like those described in this article every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

MORE INFO:

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Med School Deans: Students not Prepared for LGBT Patients

Sun, 09 Oct 2011 08:00:00 EST

In a recent study published in the Journal of the American Medical Association, researchers reported that medical schools are not doing enough to expose students to the unique health concerns of LGBT patients.

The survey asked US and Canadian medical school deans questions regarding the amount of time reserved in the curriculum for LGBT content. The online survey received an 85% response rate. In an accompanying editorial, a Northwestern Medical School dean commented that this high rate was a sign that deans considered the issue important, but that the research could have explored other metrics besides the curriculum, including the extent to which medical school faculties included gay or lesbian instructors.

Still, the results of the survey are instructive. The average curriculum ascribes just five hours to teaching LGBT-related content. One of every three schools fulfilled no hours. More than one of four deans considered their schools' coverage of 16 relevant topics, including sex change surgery, mental health issues and AIDS, to be "poor" or "very poor."

This is despite the Association of American Medical Colleges' recommendation to teach such issues enough for future doctors to provide adequate care. Unfortunately, without enough training, many doctors are prone to make the wrong assumptions about their patients' health. For example, some doctors do not realize that lesbians need Pap tests as often as do heterosexual women.

A related concern is the lack of research on LGBT health issues in the first place. However, some things are known, including elevated risk of depression, suicide attempts, homelessness, and violent victimhood. Lesbians are also more prone to obesity and breast cancer.

Claim: Brain Stents Cause More Harm Than Good

Sun, 09 Oct 2011 08:00:00 EST

Stents are no longer considered to be safe for stroke prevention, thanks to a surprising study published in the New England Journal of Medicine.

Stents are tiny wired cages, placed in blood vessels, such as arteries, to keep the passageways open, thereby counteracting atherosclerosis, or the buildup of fatty material on the walls of blood vessels. Too much buildup can lead to blood blockage and a heart attack. Stents have successfully prevented heart attacks when placed in blood vessels in most of the body. However, the stents under investigation were fitted into blood vessels in the brain. Blocked blood flow in the brain causes strokes and the (now questionable) belief was that stents could be as useful for the brain as they have been for the rest of the body.

A crude initial study, which did not use a control group, indicated just such results, convincing the FDA to preliminarily allow brain stents six years ago. However, the new study found that almost 15% of patients with the stent suffered a stroke within the first month of the study. Five died. On the other hand, of those who only underwent medical therapy, almost 6% suffered a stroke within the first month and only one died, but not from a stroke.

The results were surprising, not least because the medical therapy group showed better results than expected. The stunning rate of strokes -- more than double what was expected -- among brain stent patients, however, caused the study's immediate termination.

The practice is now undergoing heavy scrutiny from the FDA. Meanwhile, eager doctors would be wise to stay away as further information is determined.

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Doctor Fees Disproportionally Influence Health Costs

Sun, 09 Oct 2011 08:00:00 EST

A new study published in the journal Health Affairs out of Columbia University takes a look at where high health care costs in America come from. The study concludes it comes largely from high doctors' fees, and is not as related to higher costs of medical practice, higher volume of services, or higher med school tuition.

The average salaries of orthopedic surgeons and primary care doctors were examined from data on practitioners in the United States, Australia, Canada, France, Germany, and the United Kingdom. The price of basic office visits and hip replacement surgery were scrutinized based on the fees paid by both public and private insurers. Both primary care and orthopedic salaries were found to be much higher for US doctors than for their international counterparts, presumably because of the share of their incomes, which come from private insurance.

Fee reimbursements are scheduled to decrease almost 30% next year from Medicare. Medicaid payments have already been cut or frozen in many states. Still, the journal recommends a closer focus on doctors' fees when considering cutting medical spending.

Another interesting statistic was that the income gap between orthopedic doctors -- or specialists in general -- and primary care doctors is higher in the United States than elsew
here.

NY Sends Kids to Abusive Clinics, Shock Therapy

Sun, 09 Oct 2011 08:00:00 EST

Both New York City and New York State are now under fire for sending some of their disabled children to controversial and dangerous out-of-state facilities.

117 children have been sent to Judge Rotenberg Educational Center outside Boston, the only clinic in the nation to use electric shock therapy for disciplinary purposes. NY's education department spent $13 million on this. $6 million in addition have been spent to send 60 children to Woods Services facility in Pennsylvania, where an autistic student was left to die of heat exhaustion last summer in a locked van.

Veteran parents of children who have been to these facilities, as well as advocates, are loudly protesting the move. Evelyn Nicholson, 63, of Freeport, Long Island, told the Daily News that her severally autistic son attended Rotenberg from 2002 to 2006, where he 'received scores of electric shocks from which he never recovered.' Rotenberg's limit is 30 shocks per day for misbehaviors as minute as making a mess, according to an ex-teacher, who complained that it smelled of "cooked flesh in there."

The US Department of Justice is investigating Rotenberg and a group called Disability Rights International has released a report claiming Rotenberg's shock therapy to be torture rather than treatment. Its former director, Matthew Israel, resigned this summer after obstructing an investigation into the wrongful administration of shocks to two students in 2007.

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Hospital Curtains Be Damned: Contamination

Tue, 27 Sep 2011 08:00:00 EST

A new study has been released that points to hospital curtains as a surprising source of infection at hospitals.

Presented last Monday in Chicago, the study investigated 43 hospital curtains six times over the course of three weeks. Out of 180 samples analyzed, 119 included germs. 44% of these contained an Enterococcus bacteria, including antibiotic-resistant strains. 26% contained Staphylococcus aureus, also potentially antibiotic-resistant and possibly deadly. The study also tested 13 fresh and new curtains. After only a week in the hospital 12 of them were found to contain these germs.

Of course, plenty of hospital materials may pose similar dangers. Hospitals often have strict dress codes to prevent bacterial infection. Privacy curtains, which are often handled by patients and medical personnel, will be the latest in a long line of potentially infectious focal points.

Already, solutions are being proposed. Hand-washing after touching curtains is recommended. A medical professor at Johns Hopkins, however, believes more is necessary. He recommends new technologies, such as "microbial resistant curtains."

Beyond even this, a patient should not be bashful about asking a doctor to wash his/her hands after the curtain is touched, especially in light of this new study.

MORE INFO

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

$58 Million: Largest Connecticut Payout Awarded to Parents of Disabled Child

Mon, 26 Sep 2011 08:00:00 EST

Earlier this year, the family of eight-year-old Daniel D'Attilo won what is now the largest award for a medical malpractice case in Connecticut. The suit, filed in 2005 over birth complications on February 2, 2003, awarded the D'Attilo family $58 million. $8 million is allocated for medical bills and general care, while $50 million will go toward alleviating pain and suffering.

Daniel has suffered from cerebral palsy since birth. Dr. Richard Viscarello, obstetrician of Maternal-Fetal Care, was sued by the D'Attilos for improper delivery. According to news reports, the staff's first mistake was not heeding complications and failing to deliver Daniel early. Eventually, the team went for a C-section but fumbled the procedure and cut off the oxygen to Daniel's brain. Now Daniel needs round-the-clock care because he cannot speak, eat, or walk. The Connecticut jury determined in May 2011 that this condition was preventable and was a result of obstetrical malpractice.

The doctor's attorneys plan to appeal and claim both that the mother received proper care and that the cerebral palsy was caused by an infection that went undetected and untreated prior to birth. The record $58 million will therefore be kept from reaching the D'Attilos for several years while the appeals process develops.

As a practicing medical malpractice attorney in New York, I deal with medical errors and obstetrical malpractice like this every day. This is what I do. If you have experienced related problems, I want you to pick up the phone and call me. I can help. If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

$42 Million Donated to Create "Kinder" Doctors

Mon, 26 Sep 2011 08:00:00 EST

The University of Chicago Medical Center (UCMC) has been bestowed with a grant of $42 million to launch a graduate program focused on the doctor-patient relationship.

The grant was awarded by the Bucksbaum Institute after two contrasting hospital experiences. The first was decades ago, when a physician condescendingly refused to accept Carolyn Bucksbaum's intuition, which turned out to be correct. That physician has yet to admit his error. Years later, her husband, Matthew Bucksbaum, saw Dr. Mark Siegler at UCMC. Dr. Siegler went above and beyond when treating what was supposed to be lung cancer. After it turned out to just be an infection, Dr. Siegler's palpable joy convinced the Bucksbaums that there was something valuable about a kind and concerned physician.

In fact, researchers point to evidence that claim good patient-doctor relationships correlate with better results. Patients tend to follow the advice of doctors they like. They also tend to express their illness better when the doctor gives them time in a genial, conversational atmosphere. Kinder doctors are also less likely to be sued over malpractice, just as a conflict between friends is less likely to end in legal action.

Unfortunately, too many schools focus far more on medical science and technology. This grant is designed to bring doctor kindness to the same level. Dr. Siegler, who has been a practitioner of 40 years, will head the program. One third of all UCMC students join academic faculties, so the hope is that this new philosophy will naturally make its way across the nation in coming years.

MORE INFORMATION

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

New York Bicycle Accidents Hospitalize 1000 Pedestrians Each Year

Mon, 26 Sep 2011 08:00:00 EST

Hunter College in New York released a new study last week counting approximately 1000 pedestrian hospitalizations every year due to accidents involving bicycles in New York state. Over half of these are concentrated in New York City.

The study was commissioned by the Stuart C. Gruskin Family Foundation. In 2009, Gruskin was killed after being mauled by a bicycle travelling the wrong way. The Gruskin Foundation has since noticed that too few studies focus on bicycle-pedestrian collisions rather than automobile-pedestrian crashes.

The study's authors warn that the 1000 pedestrian hospitalization figure does not do a good enough job accurately portraying the incidence of injury. Some pedestrians visit doctors in smaller practices, while others with injuries do not seek treatment at all. Still, the findings, they write, are higher than previous estimates.

There has recently been complaints about bike lanes in New York City, which crowd automobile traffic and may make street crossing more dangerous, according to critics of the program. Thanks to this kind of criticism, the Department of Transportation is understandably defensive. They point out that the 1000 pedestrian hospitalization figure has declined in recent years. They attribute this to the Department of Transportation's newer safety measures. They also compare this figure to 10,000 pedestrians who need hospitalization every year after accidents involving cars. Finally, they point out that of 600 pedestrian deaths in the past 4 years, only three have come from accidents involving bicycles.

As an avid bicyclist I take these issues to heart. There are valid points made by bicycle activists and also the residents who live and work in areas where bicycle lanes currently exist. Next summer when 10,000 bicycles for rent-by-the-hour become available, critics charge that the streets will be impossible to navigate by foot and that these injury statistics will increase dramatically. Only time will tell.

If you would like more information about how bicycle accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

MTA Must Pay $20M for Crippling Injuries

Wed, 21 Sep 2011 08:00:00 EST

A Nassau County woman last month won a verdict of $20 million for crippling injuries sustained after being hit by an MTA bus in Long Island City, Queens.

The accident occurred on June 15, 2009 when Alfreda Kusz was 57 years old. She was crossing Jackson Avenue when the bus, driven by Jose Mateo, turned off of 23rd St. Ms. Kusz's lawyer claims she had obeyed all traffic rules. The judge and jury agreed with his evidence.

Ms. Kusz's right arm and right leg below the knee had to be amputated after the damage. She had also lost vision in her right eye. The Queens Supreme Court ordered the city to pay the $20 million in installments over the course of a 24-year period.

The MTA plans to appeal, but did not comment further. Their appeal will be based on the fact that, although they concede the traffic signals were in Ms. Kusz's favor, it is not clear that she was in the crosswalk, which could account for Mr. Mateo not having seen her prior to the accident. The judge in this case dismissed the claim because he believed the right of way was clear in this case.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with terrible accidents like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help. If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

$4.5M Award for Florida Wrongful Birth

Wed, 21 Sep 2011 08:00:00 EST

A Florida jury earlier this week handed down a $4.5 million award to a family claiming "wrongful birth."

Parents Ana Mejia and Rodolfo Santana sued Dr. Marie Morel and OB/GYN and Perinatal Specialists of the Palm Beaches, complaining that the doctor and sonogram technician had failed to diagnose their son, Bryan Santana, for critical malformations during the ultrasound. Although both personnel gave the fetus a clean bill of health, Bryan was born three years ago with only one leg and no arms. The plaintiffs lament that had they been given better information, they might have made a more informed decision about whether to allow their child to go through the difficulty of life.

The award will go to Bryan's medical bills for prosthetics, a wheel chair, and medical and therapeutical care.

Wrongful birth is a controversial charge, and is accepted in only 25 states. New York generally avoids it, but an Appeals Court in New York elected to accept a case in 2004 on "wrongful life" (Mickens v. Lasala). Mother had given birth to a baby with Down's Syndrome in March 2000 and brought a negligence case also for post-sonogram misdiagnosis. The court, however, ruled against the plaintiffs because "wrongful life" does not carry a penalty, but damages could be recovered if the family could prove financial need, specifically extra-ordinary expenses in raising a child. In LaSala, they could not, so the family did not win anything.

Juries generally do not like these cases, especially when the child is healthy. There are many parents who are unable to have children and would not look favorably upon such a lawsuit.

(Special thanks to John Fisher -- thank you for bringing this to the office's attention.)

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with medical negligence like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

How Do You Prove Liability in a New York Medical Malpractice case?

Wed, 21 Sep 2011 08:00:00 EST

You might think you have the greatest case in the world but if you are unable to prove that there was wrongdoing, you'll never achieve a successful result.

What exactly are you required to prove in New York?

The legal terminology is that you must prove that there was a departure from good and accepted medical care. What does that mean?

You must show that the doctor deviated from what is acceptable care and treatment from other similar doctors in the community in which he or she practices.

More importantly, how do you prove there is liability, also known as a departure from good and accepted care?

It is not sufficient for you simply to get on the witness stand and explain to a jury what you think was done wrong. In fact, the law in New York requires that you bring in a medical expert to testify about what occurred and what actually was done wrong that caused you injury. Of course, the defense has an opportunity to cross-examine the expert witness to explore the testimony further.

At the end of your trial, a jury will have to decide these questions:

Did the defendant doctor depart from good and accepted medical care? In other words, was the defendant negligent?
Was the defendant's negligence a substantial factor in causing injury?
How much compensation do you award to the plaintiff? (There are subcategories of what types of compensation are available)

If the jury determines but the doctor did not deviate from good medical practice, they never get to answer the other questions and you will have lost your case without receiving any compensation.

If you have more questions about how medical malpractice lawsuits like these work in NY, I encourage you to pick up the phone and call. I answer questions like these every single day. You can reach me at 516-487-8207 or by e-mail, lawmed10@yahoo.com. I welcome your call.

Feds Pull Plug on Anti-Stroke Brain Stent as a Treatment Tool

Wed, 14 Sep 2011 08:00:00 EST

Across the country in studies at University medical centers, doctors were using experimental brain stents to try and prevent strokes. A stent is a small mesh-like device placed into a vein or artery that is obstructed with plaque. They're designed to keep open the vein or artery.

These specific brain stents were designed to prevent narrowing of small vessels in the brain which can cause small strokes, known as TIA's or transient ischemic attacks.

According to Newsday, recent findings indicate there were a high number of strokes and deaths among patients who received this experimental stent.

Out of 451 patients in the experimental trial, half received the experimental device and half received medication. 15% of those suffered stroke within the first 30 days. Five died. Of the patients who instead received medicine, 5.8% of those on blood thinners and aspirin had a recurrent stroke and only one died.

The stent, developed by Boston Scientific was apparently approved by the Feds as a humanitarian exemption for people who experience a stroke and failed drug therapy. A drug exemption is based on hopeful but limited data that does not require the drug company to provide extended research on patients who have actually used it.
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What does this mean if you suffered stroke or your loved one died as a result of this experimental stent? Does that mean you might have a valid claim against the drug manufacturer?

You might, but there many unknowns that need to be explored. For example, what type of risks were you told about? Was it explained to you that this was an experimental study fraught with risks and a limited database of patients who had tested the device?

To learn more about how these types of cases were, I encourage you to explore my educational website. If you have legal questions about your particular matter, pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com. I welcome your call.

The Danger of Temps in the ER

Mon, 12 Sep 2011 08:00:00 EST

Johns Hopkins has released a study indicating that temporary hires in emergency rooms present a disproportionate danger to patients, likely because they are generally unfamiliar with the hospital's practices. This is especially worrisome in light of the day's shortage of nurses, which only serves to raise the demand for temps, who earn more per hour than permanent nurses, but do not receive benefits.

According to the Johns Hopkins press release from August 25, temps are twice as likely as permanent employees to be involved in malpractice that leads to a patient's harm, which ranges from temporary to life-threatening harm. The more temps an emergency department staffs, the higher its potential cost to both patients and to the hospital for medical liability.

Johns Hopkins looked at 24,000 emergency room errors from 2000 to 2005, as recorded in a voluntary internet database of 592 hospitals. The results are published in the Journal for Healthcare Quality.

Researchers posited several limitations to temporary workers in medicine. They are less likely to know other staff, and therefore do not feel as comfortable speaking up when they think something may be wrong. They also conduct their own continuing education and may fall behind their peers. The procedures and protocols of the hospital are also more foreign to temps than to permanent employees. All of these issues are compounded in the emergency room, a high-pressure environment, where orders are given urgently and verbally. This study did not look at the correlation of temporary workers and errors in other departments.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with medical errors like these every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help. If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Misuse of Chemo-Related Drug Found in 46% of Cases

Mon, 12 Sep 2011 08:00:00 EST

Columbia University Medical Center in New York has published a study that uncovers an unhealthy incidence of erythropoiesis-stimulating agent (ESA) misuse. ESAs were often distributed for too short a duration, for too long a duration, or for potentially dangerous off-label use.

ESAs are drugs that boost red blood cells and are used during chemotherapy. They normally work between 2 and 14 weeks. The study found that 24% of test subjects were given the drugs for a week or less, perhaps because doctors stop the treatment when they notice patients responding adversely. The study's head researcher complains that this exposes patients to, "potential toxicity for very little clinical benefit, so it is wasted resources." The same critique goes for the 14%, who were given the drugs while not on chemotherapy.

Another 8% of patients received ESAs for longer than 14 weeks. Extended usage goes into unknown territory, including the potential for blood clots, heart problems and fueled tumor growth. The FDA had previously issued a warning regarding ESAs in 2007.

Medicare each year spends over a billion dollars on ESAs, such as Amgen's Epogen and Roche's NeoRecormon. This study, which was published in the Journal of Clinical Oncology on August 1st, looked at data for 21,000 Medicare beneficiaries with common cancers between 1995 and 2005.

The study's authors suggested there be a "fairly rigorous educational program" to advise doctors and patients, who may not know the risks of ESAs.
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If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Nassau County, NY: Crash Fatally Crushes Man Between Two Trucks

Mon, 12 Sep 2011 08:00:00 EST

An unfortunate crash occurred last Friday morning on Point Lookout on the eastern edge of the island connecting Long Beach and Lido Beach in Nassau County. One man was killed and another was cited for two traffic violations.

The casualty was identified as 45-year-old Steven Evola of Selden, Suffolk County. He was driving a 1998 Hyundai westbound along Loop Parkway when he hit the Point Lookout drawbridge over Long Creek. The bridge was in the process of opening for boat traffic around 7:12 am when Evola stopped his car behind a Kenworth box truck. Unfortunately, the pickup truck behind him did not stop and struck the Hyundai into the large standing truck ahead, squeezing Evola between the two. He was pronounced dead at the scene.

The Chevrolet utility truck that rear-ended the Hyundai was operated by John Hollenbeck, 48, of Livingston Manor in Sullivan County upstate. The truck belonged to Sutphen East, a fire suppression firm located in White Lake, NY, also upstate.

The roadway was closed off for a police investigation. Hollenbeck was charged with operating a vehicle at an unsafe speed and following too closely. Eastbound lanes were reopened around 12:30, while westbound lanes remained closed through the afternoon.

As a practicing personal injury trial attorney in New York, I deal with tragic accidents like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

If you would like more information about how car accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Drawing Too Much Blood May Cause Anemia: Report

Mon, 12 Sep 2011 08:00:00 EST

A new study published last week in the Archives of Internal Medicine posits that anemia in many heart attack patients may be triggered by taking too much blood during hospital stays. Anemia, in turn, raises the risk of health problems.

The study analyzed 18,000 patients from 57 hospitals between 2000 and 2008 in the United States. 20% of patients developed anemia during their hospital stays. Anemia is a deficiency of red blood cells, which act to carry oxygen through the blood stream. Heart attack patients, who develop anemia, leave hospitals suffering from fatigue, shortness of breath, and physical weakness. Those who have other medical problems may not be able to regenerate blood cells quickly enough.

The average amount of blood drawn from the non-anemics, according to the study, was 83.5 milliliters. This is in contrast to the whopping average 173.8 mL drawn from patients, who developed anemia after the fact, indicating a striking correlation.

The study's commentary pointed out that many doctors are comfortable drawing blood regularly and reflexively. Average blood loss ranged from 119 to 246 mL, indicating room for change among doctors. To diminish the risk of anemia through blood loss, medical personnel may in the future focus on providing proper nutrition to patients and testing blood more infrequently and with smaller samples.
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If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

CDC: Carbon Monoxide is a Leading Cause of Poisoning

Mon, 12 Sep 2011 08:00:00 EST

The Centers for Disease Control and Prevention (CDC) released a study on August 5, listing carbon monoxide (CO) as a leading cause of unintentional poisoning deaths in the United States. The authors of this comprehensive paper hope to use the data to assist further CO poisoning prevention.

CO is a colorless and odorless gas, the detection of which is nearly impossible before the incidence of serious injury or death. Though it is preventable through detection mechanisms and other measures, 15,000 emergency room visits and 500 deaths are attributed annually to the toxicity of CO in the United States. These figures look at unintentional and non-fire related CO poisoning, which comprises 0.29% of all poison exposures, though its incidence has been declining in recent years. Of 1 million people, 23.2 are subject to CO exposures on average.

Most CO poisoning studies have surveyed limited sources. However, this one used data from the National Poison Data System (NPDS), which highlights both poisonings that are managed on-site through poisoning call systems, or those treated at health-care facilities. Between 2000 and 2009, 68,316 CO poisonings took place. 45% were treated on-site and 54% were treated at a health-care facility. The remainder were unknown. Females were more likely to be poisoned, followed by children and then adults 18-44 years old. Most CO poisonings occurred between November and February.
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If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Medical Malpractice: Studying False Diagnoses

Mon, 12 Sep 2011 08:00:00 EST

Well-known physician and editor, Dr. George Lundberg, recently partnered with endocrinologist Dr. Clifton Meador to ask why more studies are not conducted on the prevalence of false diagnoses, as opposed to missed diagnoses.

The literature on the accuracy of disease diagnoses brims with information on missed diagnoses. Autopsies often uncover diseases that were missed at the doctor's office. On the other hand, false diagnoses are less obvious, are much harder to study, and are generally ignored by statisticians and others.

The authors were aware only of one such study, which looked at heart disease among children. The study looked at 100,000 Seattle school children in 1967.

Just over 100 of this group reported a diagnosis of heart disease. (For the purpose of this blog, let's keep the figure at 100.) Of these, only 20 actually had heart disease. Physical and psychological disabilities were measured in 15 of this group and in 60 of the 80 who did not have heart disease. In other words, "[f]our times as much disability came from the false label 'heart disease' as came from actual heart disease." Drs. Lundberg and Meador concluded that the "false diagnoses were harmful."

The authors believe there is reason for an inertia to any false diagnosis, which arises from the fact that any diagnosis is very convincing, both to the patient and to the doctor. The disease cannot get any worse, since it does not exist, and it can only disappear at the next test, to which an alternative explanation -- remission -- is a ready distraction from the false diagnosis.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with the negative consequences of medical errors like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help. If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Medical Malpractice: Wrong Surgeries Program Indicates Success

Mon, 12 Sep 2011 08:00:00 EST

A pilot project to reduce wrong procedures and wrong-site surgeries is citing progress, as of early last month.

In 2004, the Joint Commission Center for Transforming Healthcare created its "universal protocol," which sought to establish consistency among surgical teams to reduce the risk of planning errors. It consisted of a three-step process, including a pre-surgical verification checklist, a verification of the site of surgery, and a "timeout" discussion, in which all members of the team do a last-minute check that they are all on the same page.

The incidence of mistakes made and corrected during this process by members of participating hospitals has informed the program's monitors of its success. By this measure, the proportion of process-related errors, which could result in wrong procedures declined from 52% to 19%. In retrospect, participating institutions reported that without their new pre-surgical verification checklist, 40% of the errors spotted would have gone unnoticed.

As the three-step process was explored, certain hospitals made their own adjustments, for example focusing on consistency when it came to the type of mark made on the site of surgery and standardizing the moment at which the "timeout" occurs.

40 wrong surgeries are estimated to occur in the US per week. Wrong procedures have increased from 2002 to 2008 according to data from an October 2010 study in Archives of Surgery.

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If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Medical Malpractice Law for the Non-Personal Injury Attorney; Comments by Attorneys

Wed, 07 Sep 2011 08:00:00 EST

Did you know that every lawyer in New York is required to take continuing legal education classes to keep abreast of the current changes in law today? It's true. Recently, Gerry gave a videotaped lecture to the folks at Lawline.com about medical malpractice for the non-medical malpractice attorney. Listed below are comments taken from attorneys across the country who watched Gerry's continuing legal education lecture online. Take a look:

"Very informative.....best CLE I have seen yet" - Richard T. (REGO PARK, NY)

"Helpful introduction" - Paul J. (New York, NY)

"Very informative!" - June (Rockville, MD)

"Informative, clear and concise." - Jill (Marlboro, NJ)

"A great primer on the subject for a non-medical malpractice attorney. Excellent speaker." - Dede (Tampa, FL)

"Excellent speaker. Used lots of examples. Good information on what to know when referring medical malpractice cases out." - Evette (Cordova, TN)

"Great niche presentation on what makes a medical malpractice case worth a referral to a practitioner who handles such cases." - Juliet (Arlington, VA)

"Compact, high-yield summary of major issues facing attorneys handling medical malpractice cases, illustrated very well with clinically relevant examples, scenarios, and hypotheticals. As an attorney and soon-to-be physician, I found this lecture highly useful for my future practice, both as surgeon and as potential malpractice consultant/referral base." - Nirav (Rochester, NY)

"A good overview and informative" - Wallace (Long Beach, CA)

"Very good overall. Easy to follow, speaker did a good job of explaining medical law and framing the legal issues in malpractice cases in terms every lawyer could understand." - Joseph (Montville, NJ)

"Very involved and engaging." - Emily (Memphis, TN)

"I would recommend it to someone in New York. I would have liked more discussion about what things differ from state to state and how they might differ." - Susan (Memphis, TN)

"He kept my attention!" - Cher (Las Vegas, NV)

"Excellent! This is what CLE should be - no sales plugs, no war stories, no question/answer sessions, just an engaging speaker with superior knowledge of his topic who delivers in a very well-organized manner. " - Cynthia (Hidden Hills, CA)

"Great topic." - Ruth (charlottesville, VA)

"I've taken various CLE courses for over two decades and this one was, by far, the best I've ever viewed!" - Kevin (Hendersonville, TN)

"Excellent." - Robert (Salem, VA)

"Good overview for purposes intended" - Susan M. (Albany, NY)

"As a malpractice lawyer I rate this speaker first rate in all aspects.." - Sanford (Albany, NY)

"Lucid and well organized presentation beneficial to the non medical mal practice attorney." - Robert (Denver, CO)

"Energetic and clear presentation" - Paul (Bayville, NY)

"Great lecture" - Gilbert (Van Nuys, CA)

"A very helpful overview. " - Jeffrey (New York, NY)

"Clear and succint in presentation and content" - Vandana (new york, NY)

"Very useful - It provided the information I was hoping for. " - Erica (Chicago, IL)

"Excellent substantive content." - Ana M. (Sunny Isles, NY)

"Good." - Andrew Chad (Nashville, TN)

"Good basic overview." - Cynthia (Pacifica, CA)

"Excellent." - Cynthia (Dallas, TX)

"Information packed." - George (Jericho, NY)

If you want to watch a preview of Gerry's lecture, click here.

Long Island Fire Department Fields Irene, Carbon Monoxide Fumes

Sun, 04 Sep 2011 08:00:00 EST

The story of one fire squad last week illustrates the tense reality and danger that Hurricane Irene brought upon hitting the heart of Long Island.

At 11am on Sunday, July 28, a family of three entered the Nesconset Fire Department. They were feeling ill and complaining of headaches, dizziness, and skin redness -- all signs of carbon monoxide poisoning. It soon became apparent that the generator they were running was leaking carbon monoxide and the family had left a window to the generator open. They had inhaled the fumes and tested for dangerous levels of CO blood poisoning. The family was sent to Stony Brook University Medical Center for treatment. The department recommends generators to be located farther away from the house and for windows and other passageways to the generator be closed off while in use.

The Nesconset Fire Department had 35 volunteers on standby and all four chiefs on duty between late Saturday through early Monday. They fielded 50 calls on Sunday, compared to the usual 6 calls. The calls usually consisted of lack of road access, wire line malfunctions, and false alarms due to the illegal burning of leaves according to local ordinance.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with dangerous circumstances like these every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help. If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Highway Pedestrian Suffers Critical Injuries

Sun, 04 Sep 2011 08:00:00 EST

The day after a tragic crash last week, the Suffolk County Police Department was able to identify a man who had been hit and badly injured while apparently trying to cross a highway Monday afternoon.

Suffolk First Squad detectives identified the man as 50 year old Ramon Peralta of Copiague. He was taken to the hospital with critical injuries.

The accident occurred Monday, August 29, at 4pm. Peralta was walking on Sunrise Highway, along the eastbound service ramp in North Lindenhurst, near his home. The accident took place near North Wellwood Avenue, where 28 year old Robert Pflug of Lindenhurst had attempted to merge his 2002 Nissan Altima into the right lane. At that moment, said Pflug, "Peralta ran in front of his car," according to the police news release.

Mr. Peralta sustained injuries to both his face and head. He was immediately transported to Good Samaritan Hospital Medical Center in West Islip just east of the crash. As of this Tuesday, Peralta was in critical condition.

Pflug was not hurt, although his Nissan was impounded for a safety inspection. No charges have been filed and an investigation is in motion.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with terrible automobile accidents like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Medical Malpractice in New York: Apology Laws Work

Sun, 04 Sep 2011 08:00:00 EST

A new study to be published in the Journal of Risk and Uncertainty claims to find that "apology laws," which are meant to lower the burden of malpractice suits, are doing their job.

Apology laws bar litigants from using a doctor's apology after an error as evidence of guilt. Massachusetts was the first state to adopt such a law and 35 other states have subsequently adopted similar laws by 2009. New York is not among them. The logic behind the law is simple. Without its protection, doctors cannot apologize for fear of legal retribution. But if they do not apologize, then that shows a lack of remorse, which is often grounds for suit.

The study combed 225,000 malpractice awards between 1991 and 2009. Apology law states settled serious injury cases 20% fast than other states. Payments in apology law states also showed a decrease of 14-17% for serious injuries. Moderately severe injuries held similar figures, while minor injuries did not generate a statistically significant result. Interestingly, apology law states also saw an uptick in the number of lawsuits, but the authors of the study attributed this to a temporary increase in the settlement of old cases.

The study is titled, "Does Sorry Work? The Impact of Apology Laws on Medical Malpractice," and is written by Elaine Liu of the University of Houston, with Benjamin Ho of Cornell University.

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If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Psychiatrists Don't Monitor Patients' Metabolism Enough

Sun, 04 Sep 2011 08:00:00 EST

A recent study has determined that not enough psychiatrists are monitoring their patients' metabolic reactions to antipsychotic medications, even though 90% of such patients have at least one "metabolic risk factor."

The study, published in the journal, Psychological Medicine, by the University of Leicester, surveyed 48 studies conducted between 2000 and 2001 from five countries including the United States. In all, almost 300,000 patients were represented in the data set.

The correlation between patients on antipsychotic medication and metabolic conditions is inescapable. 60% of such patients have high cholesterol, 40% have high blood pressure, and 30% exhibit metabolic syndrome, a condition related to obesity.

Despite this statistical connection, many doctors were not testing metabolic risks from their patients on antipsychotics. More than half of doctors requested tests of blood pressure and triglycerides, but fewer than half tested for cholesterol, glucose and weight. The figures were similar for both inpatients and outpatients.

According to one of the researchers, guidelines for regular metabolism checks have been around without much result in medical practice. One hypothesis is that the psychiatric profession is largely divorced from general practice. This, according to the study, should be changed.

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If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Mexican Papaya Imports Halted; Salmonella Feared

Sun, 04 Sep 2011 08:00:00 EST

The FDA has identified salmonella in papayas of Mexican origin and have halted all imports without a laboratory's stamp of approval.

The investigation lasted from May 12 to August 18 and found that 15.6 percent of inspected papayas from Mexico were contaminated. The bacteria originated from 28 different companies in all major papaya-producing regions of the nation.

The food-borne bacteria attacks the gastrointestinal tract and produces the symptoms of diarrhea, fever and abdominal cramps but disappears after a few days in healthy adults. However, those with compromised immune systems are at increased risk of hospitalization, dehydration or death.

The Centers for Disease Control and Prevention investigation found that Texas-based Agromod Produce Inc. salmonella-infected papayas have thus far infected 100 people and hospitalized 10 this year in 23 states. Last year, 2300 people total were hospitalized for salmonella, while 29 poisonings were fatal.

All imports of papayas are now subject to prohibition unless papaya producers are able to prove the safety of their stock with third-party laboratory analyses.

Of the 345 million pounds of imported papaya to the United States in 2009, 275 million pounds arrived from Mexico. The FDA and Mexican government are currently engaged in discussions to resolve the issue.
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If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Long Island Fire Claims Two

Sat, 03 Sep 2011 08:00:00 EST

Two women in Southold, a small town on the tip of Suffolk, died this Tuesday in a tragic two-story house fire, which shook the town.

Neighbor Eugene Schwanke called 911 at 5:20 am after he smelled smoke and noticed the flames. When the first police officer arrived, he was turned away from the intensity of the fire and smoke. 100 firefighters from the Southold, Mattituck, Cutchogue, East Marion and Greenport fire departments answered the call. By the time they arrived two minutes later, the entire house was already up in flames. The first pumper truck arrived five minutes after the call.

Barbara Primich, 56, was trapped inside with her mother, Kathryn Primich, 83. The smoke and heat made the firefighters' search difficult, so they focused their attention near windows. Both women were eventually found in different parts of the house.

Schwanke, the neighbor, reported that the victims had moved into their house twenty years earlier. He had last seen Barbara Primich a few weeks before. Kathryn, her mother, had been in failing health.

The two-story wooden house did not have sprinklers and authorities were unsure as to whether they had smoke alarms installed.

The small community, in which everyone generally knows everyone else, is mourning the tragedy.
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If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Long Island Hospitals Weather Storm

Sat, 03 Sep 2011 08:00:00 EST

Newsday has updated us on the state of hospitals in Long Island, where the bulk of Hurricane Irene's power was felt in the New York area this weekend. After much scrambling, most hospitals are already reopening and readmitting transferred patients.

Three hospitals were reported to have evacuated their patients. Only Long Beach Medical Center was still waiting for Nassau's go ahead to readmit 234 patients on Sunday. They were scheduled to open the emergency department and ICU by late Sunday. Both Southside Hospital in Bay Shore, which transferred 250 patients, and Good Samaritan Hospital Medical Center in West Islip, which transferred 355 patients, were undamaged and gradually reopened their departments by, at latest, Tuesday.

Some hospitals did sustain a little damage. North Shore University Hospital in Manhasset and Nassau University Medical Center in East Meadow had to deal with minor flooding. Plainview Hospital lost the use of some imaging equipment and sent their patients to Syosset Hospital for scans. Peconic Bay Medical Center in Riverhead experienced, "some major leaks," but were able to isolate those locations.

Almost half of hospitals on Long Island had to run on backup power, including North Shore-LIJ's Glen Cove, Plainview, Huntington and Southside hospitals and three Catholic Health Services hospitals, St. Francis in Roslyn, St. Catherine of Siena in Smithtown and St. Charles in Port Jefferson. None reported any undue burden on their services, however.

Still other hospitals rode the storm out. Among these, South Nassau Communities Hospital in Oceanside, and Brookhaven, Stony Brook, Winthrop and Mather hospitals reported minimal damage.
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If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Health Insurance Companies Stifle the Practice of Medicine: Report

Sat, 03 Sep 2011 08:00:00 EST

The New York Times this week is reporting on a study that has identified the preponderance of health insurers as the cause of a burdensome bureaucracy that plagues physicians and, in turn, their patients.

The study was published this month in the journal Health Affairs and asked physicians and administrators in the United States and Canada about the amount of time they spend dealing with health insurers over claims, prescriptions, and tests, all of which require different forms and procedures for varying insurers. Canadian doctors spend far less time with insurers and the study attributed this to the fact that the main outlet for payment is a single source: the government. American doctors have to deal with many insurers. The American medical profession spends $80,000 per year per physician to deal with insurers, which is around four times as much as the price for Canadian doctors. We also spend almost ten times as much time on insurers than they do.

Phone calls to insurers is often a huge time drain. Some providers employ individuals specifically to travel from location to location in person because the response to phone calls is often too slow. Large providers outsource the paper work to specialized firms, but small practices cannot afford such overheads. Moreover, providers in a pinch would sometimes prefer to pay for a test or procedure themselves rather than deal with insurers. The constant changes to insurance policy is also a continuing source of frustration to doctors.

The study's authors do not advocate a single-payer system, but they do recommend that the insurance industry colludes to set up certain common sense standards that do not hurt competition.

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If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

$725,000 for Staten Island Car Accident Death

Sat, 03 Sep 2011 08:00:00 EST

$725,000 was awarded this week to the estate of a Staten Island woman, who was killed in an accident five year ago. Frances Gredder, 85, was walking with Doris Tutolo, 81, in New Dorp, Staten Island on June 29, 2006, when they were both fatally hit by a van.

The accident occurred outside of a 7-Eleven. Michael Catherwood hit the van while driving along Hylan Boulevard. The van, owned by Pat LaFrieda Wholesale Meat Distributors, jumped the curb and hit both women.

Ms. Gredder was given three surgeries after sustaining rib, lung, and back injuries but died just over a week after the accident on July 7 in Staten Island University Hospital. Ms. Tutolo had died 6 days before.

Mr. Catherwood's insurer paid for 88% of the award and LaFrieda's insurer paid 12%.

The accident occurred on the corner of New Dorp Lane and Hylan Boulevard, which was considered last year to be one of the most dangerous intersections in the tri-state area. According to the Tri-State Transportation Campaign, Hylan Boulevard itself had experienced seven deaths between 2006 and 2008. The Department of Transportation refurbished the intersection with pedestrian safety in mind after both Ms. Gredder's and Ms. Tutolo's deaths.

As a practicing wrongful death and personal injury attorney in New York, I deal with terrible accidents like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help. If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

New York City's "Cavalier" Attitude Loses Case

Wed, 31 Aug 2011 08:00:00 EST

A New York appellate court has ruled that New York City's "cavalier" attitude toward revealing internal information has cost its defense the verdict in a personal injury case.

In June 2007, Lewis Elias tripped over the stub of a broken sign pole in Harlem. He sued the city for damages. In July, his lawyers called for the presentation of five years-worth of Department of Transportation records and documents relating to the spot of the accident on Riverside Drive near West 129th St. in upper NYC. Manhattan Supreme Court Justice Saliann Scarpulla ordered the documents to be handed over in September 2007. This and three further court orders were not adhered to.

By July 2009, Elias asked the court to strike the city's answer -- which would mean the forfeiture of their case and his victory. This motion was denied. However, Justice Scarpulla gave the city a 30-day ultimatum to comply with outstanding document requests.

The case was appealed and the First Department levied a $7,500 fine and issued a similar directive to the one Scarpulla administered.

In October 2010, Manhattan Supreme Court Justice Cynthia Kern presided over the case and gave the City of New York another 30-day ultimatum. Its noncompliance would result in the striking of the City's (corporation counsel) answer.

Elias appealed that they should not even have the opportunity for another chance and the First Department agreed this week, calling the Corporation Counsel's attitude through the duration of the case, "cavalier." The City's Law Department protested that the discovery requests kept changing and that they did their best to comply.

This is an example of a defense strategy. Although it does not happen often, when you have been in practice for more than 23 years- as I have, you know exactly when it happens. The only thing you can do is to ask the court to put some teeth into its order to compel the other side to do what they are supposed to do. The biggest fear is that the defense's answer will be stricken and you will automatically receive a default against the defense. That means that liability has now been decided and you simply proceed forward with a trial on damages.

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Cervical Cancer Vaccine Also Protects Against Anal Cancer

Wed, 31 Aug 2011 08:00:00 EST

A new study has determined a link between vaccines for preventing cervical cancer and the prevention of anal cancer.

The study, published in the journal The Lancet Oncology, tested 4,210 healthy Costa Rican women between the ages of 18-25. Some were given Cervarix, a drug that fights human papillomavirus (HPV), while others were just given the hepatitis A vaccine. HPV -- especially strains 16 and 18 -- is associated with four of five instances of anal cancer.

Four years after these women were administered the vaccines, they were tested for HPV infections. The Cervarix group had a 76% lower rate of cervical infection and a 62% lower rate of anal infection than the control group. Among women with a previously-determined low chance of infection, the figures were 89% and 84% effective against cervical and anal infection, respectively.

Anal cancer is rare and only affects 2 out of 100,000 people per annum. In 2010, 3260 female anal cancers were recorded, compared with 2000 male. Gay males are 20 times more likely than the general population to develop the cancer and HIV-positive gay males are twice as likely as that.

Researchers now hope to continue to monitor the effects of Cervarix over the course of a decade and a half.

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

$24 Million for Misdiagnosis Upstate NY Resulting in Stroke

Wed, 31 Aug 2011 08:00:00 EST

A family in upstate New York has been awarded $24 million this week for a wrongful diagnosis, which led to a stroke shortly thereafter.

On July 18, 1998, Daniel C. Oakes of Olean, NY, entered Millard Fillmore Suburban Hospital near Buffalo for two CT scans. One of the scans was not even interpreted before a misdiagnosis for a brain aneurysm was handed down. Three weeks later, Mr. Oakes suffered a stroke, which left him paralyzed.

Mr. Oakes and his wife took the case to court and won a jury decision for $5 million in 2008. Their lawyer appealed because he believed the award was not large enough. Supreme Court Justice Timothy J. Drury agreed that the award was too small and in April 2009 called for the defendants to pay $18 million or begin the trial anew.

The decision was appealed and landed in the Appellate Division of State Supreme Court, Fourth Judicial Department, which last week voted 3 to 2, upholding the prior ruling, and expanded the award to $24 million.

The majority of the costs are to be made by Kaleida Health Care System, a non-profit healthcare provider. The rest is to be paid by Mr. Oakes' physician and neurologist.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with medical errors like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help. If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Teen Driving-Distraction is Greatest Factor For Teen Driver Crashes

Sat, 27 Aug 2011 08:00:00 EST

A new study of New York State driving records blames distraction for causing the most young driver crashes. In 2007 and 2008, the leading cause of crashes for drivers 16-20 years old was speeding. In 2009 (the latest year of available data), driver distraction overtook speeding as the leading cause. For teens 16-17, the main factor was failure to yield right of way, followed by driver inattention. Still, these drivers were more likely to be ticketed for speeding in 2009 than for cellphone use, compared with the overall average. This inverse relationship between summonses and the causes of car crashes might hint at a cause-and-effect relationship.

Alcohol involvement has declined to 1% of injurious or fatal crashes among 16-17 year olds in 2009 from 1.5% in 2007. For 16-20 year olds, the figure went down from 2.3% in 2007 to 1.9% in 2009. For the general driving population, the figure dropped from 4% to 3.5%. Controlling for fatal crashes however -- ignoring simply injurious crashes -- finds that alcohol contributes to far more teen deaths than for the general driving population. 77% of fatal victims of young drivers also died because they were not wearing a seat belt.

Drivers between 16-20 were 3.5 times more likely to suffer an accident due to inexperience than general population drivers. In an effort to stem this trend in 2010, new state laws were passed to require 50 hours, instead of 20 hours, of supervised driving to apply for a license.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with accidents like these every day. If you would like more information about how negligence and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Penis Amputation: Jury Says Not Malpractice

Fri, 26 Aug 2011 08:00:00 EST

A doctor has won a medical malpractice case in a Kentucky court this week, in regard to a 2007 circumcision which turned into a partial penis amputation.

Truck driver Phillip Seaton, 64, of Mount Eden, Kentucky, went in for a standard circumcision procedure, when Dr. John Patterson of Jewish Hospital Shelbyville in Frankfort, Kentucky, noticed a cancerous tumor during surgery. He performed a partial amputation without waking Seaton to ask for his permission, expecting to discover a fungal infection.

Seaton sued Dr. Patterson for $16 million. He and his wife, Deborah, had already sued Jewish Hospital Shelbyville and the anesthesiologist, and settled for an undisclosed amount. This Wednesday, the jury decided in favor of Dr. Patterson in Shelby County Circuit Court, near Louisville. They unanimously decided that the doctor had exercised proper care. They also voted 10-2 against Mr. Seaton that he had not consented to the amputation.

The plaintiffs plan to appeal. Several issues remain uncertain. First, a doctor can change a procedure mid-operation only if the patient's life or health is in peril, according to Seaton's lawyer. Experts on both sides disagree on this question. Also up for debate is whether Dr. Patterson should have awoken the patient to obtain his permission.

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Trend: Too Many Pap Tests

Fri, 26 Aug 2011 08:00:00 EST

A new study has been released, recording a growing trend in unnecessary Pap tests, which are used to screen for cervical cancer. The study was published on Thursday, August 18 by the US Centers for Disease Control and Prevention (CDC) in the American Journal of Obstetrics and Gynecology.

There are several problems related to over-screening. First, it raises health costs. Second, extra testing creates a greater hassle for women, who need to make extraneous arrangements for their children and employment. Third, more tests correspond with more false-positives, which are financially and psychologically burdensome on the patient. Finally, doctors see no benefit to testing above the recommended rate, because extra testing generally does not help detect more cancers, they say.

The study noticed that most doctors recommend Pap tests annually. This is in contradistinction to guidelines in the United States and Britain, which recommend average women over 30 to receive Pap tests only once every three years.

The study also found that only 51% of doctors ordered an HPV test, which is recommended alongside Pap tests. HPV is a common cause of cervical cancer. A CDC researcher says this deficit shows a "lack of understanding about the guidelines."

If you would like more information about how medical malpractice and medical negligence cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

NYC-Two Men Almost Drown in Elevator

Fri, 26 Aug 2011 08:00:00 EST

Last week's heavy rains almost took the lives of two construction workers, who were stranded in a flooded elevator for an hour in Staten Island.

Around 9am on Sunday, August 14, Ed Tyler, 26, and Wendell Amaker, 48, had begun their workday at the old Staten Island Hotel in Graniteville. They were participating in renovating the hotel into an assisted-living facility. No one else was in the hotel at the time, and only a security guard manned the exterior.

The elevator door malfunctioned immediately, so the two workers decided to press all buttons in the hope that the door would open on one of them. Unfortunately, the basement was experiencing flooding at the time and when the elevator hit the bottom floor, it began to sink. Without anyone else in the building, no one could hear the two men's screams. They reached the fire department and could only recall the intersection of the building. Just as the phone call ended, their phone died.

The fire department finally came around almost an hour after the emergency began. The security guard reported that nothing was wrong, but they decided to try the back of the building anyway. When the two men were found, they were standing atop plastic transport carts, with water up to their necks, three feet from the ceiling. The firefighters then sent a ladder down and rescued the soaked men.

If you would like more information about how negligence and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Truck Hangs Precariously Three Floors Up

Thu, 25 Aug 2011 08:00:00 EST

Last week, a 15-ton salt-spreading truck crashed through a brick-and-window wall on the third floor of a Sanitation Dpartment repair depot in Queens. Two thirds of the truck remained suspended over the edge of the building, thirty feet up, with a frightened driver inside. Luckily, rescue workers were able to save the man and haul the truck back from the brink.

The incident took place Wednesday morning, August 17, at 9:30am, in Maspeth, Queens. The driver, Robert Legall, 56, had accidentally stepped on the gas pedal rather than the brake, according to the New York Daily News. However, investigators and the Sanitation Department remain uncertain of the causes.

Legall was initially saved because the back of the truck was lodged against the top of the solid brick wall, preventing it from tipping beyond its 45-degree angle. He was then saved by a cherry picker crane about thirty minutes after the crash. He was taken to Elmhurst Hospital Center for back and neck injuries, but was released soon after.

Legall is a 10-year veteran of the Sanitation Department. His truck, worth $200,000, was one of two that plows and salts roads on Rikers Island. At the time, he brought it in for its seasonal servicing. After Legall was freed, workers hauled the truck back inside by pulling heavy chains from the back and pushing with a crane from the front. The incident was over by mid-afternoon.

So far, no charges have been made and Legall's drug test came out negative.

Commentary:
In reading this article, you could make a good argument that normal operation of a car or truck does not involve accidentally pressing the gas when you want to press the brake. No matter how the article describes the happening of the accident, unless there is some mechanical defect or failure with the brake system or acceleration system, there should be no reason for a $200,000 salt spreader truck to plow through a building. The fact that the driver is noted to have accidentally hit the gas when he intended to hit the brake is carless, which is synonymous with negligence.

Interestingly, if someone was injured because of this driver's carelessness, it would be up to a jury to decide whether he was careless and if so, what percentage of his carelessness caused the accident.

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website http://www.oginski-law.com. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Bicycle Law Develops Niche in NYC

Thu, 25 Aug 2011 08:00:00 EST

The New York Times is reporting on a handful of lawyers in the city, who are working to fight what they believe are improper summonses leveled against cyclists, because many of the accused have broken state laws not applicable within the city.

The class-action they now undertake involves laws -- such as the requirement to keep to the right or to ride one at a time rather than two abreast -- which only apply outside New York City. Paul J. Browne, the Police Department's chief spokesman, maintains that all summonses in question were handed out "for observed violations."

The legal world of bicycling has taken on increasing significance in recent years. This year, police enforcement of cycling traffic laws has increased from red-light violations to wearing headphones in only one ear, to not riding with a bell or helmet. Last week, a lawsuit challenging a Brooklyn bike lane, which was thrown out, gained some traction in the news.

Both bicyclists and even police officers are now being caught in an increasingly complicated web of bicycle law, such as the whether a bicycle is allowed to move out of a bike lane. Violators usually have to explain the reasons for their violations in court because contextualization so often does count. There is also the additional contention that cyclists should not pay the surcharge that automobile traffic violators must pay.

This increase in cycling law activity adds to the standard personal injury docket volume, and has allowed for what the New York Times considers to be the birth of a new breed of lawyers in New York City.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with the consequences of accidents, such as those suffered by cyclists, every day. If you would like more information about how negligence and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Staten Island-Psychiatric Supervisor Charged with Fatal Excessive Force

Wed, 24 Aug 2011 08:00:00 EST

The Staten Island District Attorney last week charged a supervisor at a local state-run psychiatric facility of criminally negligent homicide and endangering the welfare of an incompetent or physically disabled person. The employee pleaded not guilty.

The worker, Erik Stanley, 37, of Middletown, NJ, was attempting to subdue an autistic patient, Jawara Henry, 27, after an unruly episode. Mr. Henry had not been able to talk since childhood, and although he was not prone to violence, his parents believe he may have been frustrated with his communicative difficulty. At the time of the event, he was, "agitated and aggressive and was biting staff and other patients," according to the DA. Mr. Stanley responded by applying excessive pressure to Henry's neck and torso. Henry was later ruled dead by asphyxiation due to chest and neck compression. Moreover, Stanley allegedly broke protocol by not waiting for back-up.

The incident occurred on December 4 of last year at South Beach Psychiatric Center. After an 8-month investigation, Stanley surrendered himself. After pleading not guilty, he was released without bail last week.

The family of the victim is glad that the criminal system is doing something. They are now preparing to file a civil lawsuit against Mr. Stanley and against the greater psychiatric "system."

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Tree Trimmer Injured After 30 Foot Fall in Nassau County

Wed, 24 Aug 2011 08:00:00 EST

A worker trimming trees early this week in Long Island fell from his perch in a tree, ostensible due to a mechanical failure at 10 am yesterday. He suffered injuries, but appears to be doing well.

28 year old Melvin Villalobos of Locust Valley works for Green Mansion Tree Service, based out of Syosset. He was working to prune the trees behind 24 Sherwood Road in Glen Cove, Nassau County early Monday morning when one of the hydraulic pistons, known as the "spider unit," snapped from the arm of his crane. He was standing in the bucket at the end of the crane's arm when the spider unit malfunctioned, sending the bucket and Villalobos hurtling to the ground. Newsday claims the fall was 50 feet, but other sources claim it was 30 feet.

Villalobos suffered head injuries and communicated incoherently when he was found. He was immediately airlifted to North Shore Manhasset Hospital, where his injuries were treated. He was expected to be released after a day at the hospital.

Police have not yet opened a criminal investigation and they have yet to issue any summonses. Villalobos's company has not offered a statement as of yet.

As a practicing wrongful death, and personal injury attorney in New York, I deal with the negative and dangerous consequences of faulty machinery like this every day. If you would like more information about how accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

TN Court Awards $200K to Shackled Mother

Wed, 24 Aug 2011 08:00:00 EST

Last Thursday, after a federal district court decided in favor of a mother who was shackled by police authorities during labor, the jury handed her an award for $200,000. According to the district judge, Juana Villegas, 35, an illegal immigrant in Nashville, Tennessee, had her constitutional rights stripped when police forces showed "indifference to her medical needs."

Ms. Villegas, from Guerrero, Mexico, lost her appeal to remain in the US, although her lawyer is currently exploring further avenues. She was arrested in July 2008 for a minor traffic violation -- a charge police later dropped. According to Villegas, her wrists and ankles were shackled as she was being transported to the hospital during labor. She was afraid to give birth in the ambulance and was unaware that a deputy with the ability to unchain her was riding alongside.

Just before delivery, she was unchained, the birth went without complication, and she was shackled thereafter. She was also not allowed to use a breast pump, "causing her pain and illness."

A psychiatrist testified that Villegas's shackling had triggered post-traumatic stress disorder, major depressive disorder and phobia, which will lead to years of therapy. She asked for $1.2 million under the circumstances, and received one sixth of that.

The city made the case that Villegas's anguish was attributable more to the threat of deportation than to the shackling. Unfortunately for them, the jurors could not know about her illegal status. City officials plan to appeal because the department's actions were "accepted practice at the time.

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Heart Attacks Now Treated Much Faster

Wed, 24 Aug 2011 08:00:00 EST

An encouraging new study shows that hospitals are now treating major heart attacks within 90 minutes of arrival, the time recommended by experts.

Heart attacks occur when clogged arteries prevent blood and oxygen from reaching the heart. A major heart attack -- one that involves a major artery -- affects 250,000 Americans annually and 3 million people worldwide. The preferred remedy is an angioplasty, which is the insertion of a tube into the artery. A balloon at the end of the tube is then inflated to flatten what clogs the artery and a stent or mesh is placed to prop the artery open thereafter. The amount of time it takes from hospital arrival to the angioplasty procedure is known as "door-to-balloon" time, and is recommended to be no longer than 90 minutes. A delay of a half hour raises the risk of death by 42%.

In 2005, the median door-to-balloon time was 96 minutes. Last year, the median time was cut to 64 minutes, according to a study published this week in the American Heart Association's journal, Circulation. These figures mean that fewer than half the heart attack patients five years ago had their arteries unclogged within the time it takes for almost all patients today.

Newsday tells several anecdotes about "warp speed" operating rooms, particularly the one at Yale-New Haven Hospital, which took one patient last month within 16 minutes and another last week within 26 minutes. Doctors thank research, which pointed to the importance of shorter waiting times, as the major reason for this sea of change in emergency room procedures.

It is encouraging to learn that hospitals recognize the need for speed when treating patients with life-threatening cardiac illnesses.

If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Suffolk Cracks Down on Distracted Driving

Wed, 24 Aug 2011 08:00:00 EST

Suffolk County authorities launched a short-lived anti-distracted driving initiative last week, during which time over a thousand summonses were issued and more for other traffic violations. They hoped this would strike a nerve on the roads to cut down on dangerous behavior while driving.

The initiative lasted from July 31 to August 6. In all, police handed out 1109 tickets for electronic-related violations and 1600 other vehicle violations. 78 motorists were arrested.

It is unclear what impact, if any, will come of this, but advocates including Suffolk County Executive Steve Levy and Suffolk County Police Commissioner Richard Dormer are hopeful of its success. The goal is to change "drivers' behavior regarding cell phone use while driving," pursuant to the New York State Vehicle and Traffic Law. The police commissioner maintained that his forces will continue to enforce cell phone laws beyond the close of the initiative.

The law, NYS VTL Section 1225-D, had originally given police the power to issue a ticket for driving while texting if the motorist had been involved in another independent violation. The law has been amended in recent months to allow police to pull over any driver who operates any electronic device.

If you would like more information about how accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

$6 Billion in New York City Tort Payments over 10 Years

Wed, 24 Aug 2011 08:00:00 EST

The New York Post is reporting this week on an analysis of New York City comptroller records, which tell of $6 billion that the city managed to pay out in judgments and settlements between 2000 and 2010, or $600 million per year. Last year, the figure was $520.6 million. Most of the money from last year's cases went to suits against the NYPD, the New York City Health and Hospitals Corporation and the Department of Transportation.

99% of tort cases were personal-injury claims. The largest payout was a $33 million class-action brought by city inmates, who alleged to have been illegally frisked. Many other payouts were low -- in the hundreds of dollars.

Within five years, claims against the NYPD rose by 43%, against the Department of Sanitation by 200%, and against the Department of Transportation by 100%.

The city has already budgeted $655 million for next year's budget, or $135 million more than this year. NYPD Commissioner Ray Kelly and City Councilman Peter Vallone Jr. (D-Queens) have spoken out against what they consider to be a too-quick-to-settle city judicial system. They believe this to be an incentive for frivolous lawsuits. On the other hand, settlements often drain the public coffers less than cases that go through the full legal grind. City Comptroller John Liu claims that settlements saved the city $18 million last year. Additionally, according to the city Law Department, spending on lawsuits last year experienced a decrease of 12% since 2001.

COMMENTARY
The title of the article is a bit deceiving. It would make you think that NYC is paying tons of money for a handlful of personal injury cases. In fact, these cases represent lawsuits over a ten year period. The report is sensationalistic and does little to explore or explain why these cases needed to be settled and why the large settlements or verdicts were so large.

The article does little to expose the carelessness and negligence that occurred leading to the injured victims bringing suit. Instead, it just seeks to lump together all payments in total to give the appearance that the City of New York is paying out lots of money. A better type of reporting would have been to profile each injured victim to determine whether they truly received full compensation from the City. That would have been a more revealing article dealing with people injured at the hands of someone else.

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Study: Genetic Markers Indicate Prostate Cancer Danger Level

Fri, 19 Aug 2011 08:00:00 EST

The medical community has edged closer this week to treating prostate cancer with a certainty unknown before.

The research involves the identification of five genes, which indicate whether a patient's prostate cancer will become aggressive or not. 250,000 men in the United States each year are diagnosed with prostate cancer, but only one percent suffer a potentially fatal form of the disease. Men with four or five of the genes in question were 50% more likely to develop an aggressive form of the disease than those with one, two, or none of the genes.

Doctors and patients have been in the dark without this knowledge. Now, once prostate cancer is diagnosed, the manner of treatment becomes less of a guessing game, as doctors are able to take genetic information, along with other information, like the stage of the disease, to determine the best form of treatment.

The study, conducted for six and a half years at New York's Cold Spring Harbor Laboratory, found genes like PHLPP1 and PTEN through process of elimination among a test group of prostate cancer patients. They then researched relationships between the genes . The data was published in the August 16th issue of Cancer Cell.

MORE INFORMATION

If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Queens Accident Takes 10-Year Old Girl's Life

Fri, 19 Aug 2011 08:00:00 EST

Dateline: Queens, NY

A tragic accident in Astoria, Queens, earlier this month took the life of a 10-year-old Australian girl, Sabrina Mangos, and injured eight others.

At 6:35pm on August 8, the Mangos minivan collided with a 2009 Nissan Sentra, crushing the Nissan's front end. The minivan then catapulted on its side. Sabrina was not wearing her seatbelt at the time and ended up crushed beneath the minivan, which several witnesses worked to pull off of her as she lay there bleeding. She was rushed to Mount Sinai Hospital in Queens where she was pronounced dead.

The minivan had also been occupied by her brothers, Sam, 13, and Nicholas, 11, and her parents, Michael, 42, and Valerie, 36. They were staying with their cousins in New Jersey, Dimitris Moutafis, 61, and his wife, Stavroula Moutafis, 55. Mr. Moutafis was driving the minivan. Each of them were taken to nearby hospitals for injuries and were later released.

The family had been on an extended vacation, having visited the Catskills, the Poconos and Niagara Falls. They had just gone to see a Broadway show before the crash and were on their way to a pastry shop in Astoria.

The driver of the Nissan, Richard Portnoy, 55, was shaken and remorseful. A public-housing supervisor, he was on his way to investigate two defunct elevators.

Commentary

As a practicing accident and wrongful death trial attorney in New York, I deal with tragic accidents like this every day. The most troubling part of this article is the fact that the little girl was not belted in. That's tragically unfortunate. Seat belts are designed to protect you. Why doesn't everyone take advantage of this? If a lawsuit is brought on behalf of the young girl, the defense would be able to argue that 'had she been wearing her seatbelt' she would not have suffered significant injuries and would not have been thrown from the car causing her death. That is a significant issue to evaluate when deciding whether an attorney will take on a case like this.

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If you would like more information about how negligence and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Medical Malpractice Alert: New England Journal of Medicine-Only 1 in 5 Doctors Pay for Alleged Errors

Thu, 18 Aug 2011 08:00:00 EST

According to a new study, only one of every 5 medical malpractice cases (20%) ends in financial transfer, whether through settlement or through jury award.

This strong winning record must be viewed in two competing contexts. On the one hand, one in 14 doctors are targeted per year by malpractice claims and every surgeon faces the chance of at least one claim within their lifetimes. This places a significant psychological weight on doctors. On the other hand, according to an earlier study out of New York, the vast majority of medical error is not subsequently litigated. Therefore, the implication by this study that most cases are frivolous is not wholly supported either.

On this last point, the authors of the study stressed that most medical errors do not become lawsuits because the court process is so financially taxing.

The study, published on Wednesday in the New England Journal of Medicine, sifted through data on 41,000 doctors between 1991 and 2005. The data was supplied by an anonymous insurer, which insures 3% of American doctors, spread through all 50 states.

The study also found that neurosurgeons and heart surgeons were sued 19% of the time on the high end and pediatricians and psychiatrists were sued 3% of the time on the low end. Pediatricians, because they deal with kids, who command far more jury sympathy, generally pay more than other doctors. Their average payment ($520,000) is almost twice the general average ($275,000).

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I need to be aware of the general impact of medical malpractice lawsuits. If you have experienced related problems, I want you to pick up the phone and call me. I can help.

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website http://www.oginski-law.com. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Medical Malpractice- New York Times: Doctors Should 'Shoulder Responsibility' For Medical Decisions

Thu, 18 Aug 2011 08:00:00 EST

Dr. Pauline Chen took to the NY Times last week to discuss the role of doctors in the patient or family's decision-making process. Instead of remaining impartial, Dr. Chen concludes, doctors should take part in making decisions with the family.

Dr. Chen began told the story of a young doctor, who was frustrated that he had spent an entire meeting with the family of a comatose patient, explaining options for withdrawing life-support and initiating palliative care, or continuing to press forward. To the doctor's consternation, the family walked out without coming to a decision.

During the 1950s, the doctor would have made the decision for the family. But since the 1960s and 70s, a movement centered around patients' rights grew, and after some time, the standard at med schools and throughout state law was to allow patients to make their own decisions, unless the decision was in an emergency or routine situation.

But patients do not appreciate this approach. According to a recent study out of the University of Chicago, most patients wanted their opinions to be heard, but only in an advisory capacity, particularly when the medical decision is difficult. Otherwise, the patient or family experiences too much stress.

Dr. Chen writes that doctors, who feel unethical prying into the personal decisions of their patients, should be aware that the patients are under much more stress regarding the decision than they are. Even attempts at objectivity often end up sending mixed messages. The best way to juggle all of these considerations regarding medical decisions, according to Dr. Chen, is to "shoulder[] the responsibility together."

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If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Medical Malpractice: The Hazard of Jumping to Conclusions

Thu, 18 Aug 2011 08:00:00 EST

Dr. Alex Lickerman posted a piece last week discussing one manner of doctor error: jumping to conclusions. He refers to it as 'early closure,' perhaps emphasizing the comforting feeling of reaching a diagnosis and moving on to the treatment, whether or not the diagnosis is accurate.

Dr. Lickerman stressed that veteran doctors are more prone to commit the error of jumping to conclusions because more experienced clinicians rely more on habit and pattern recognition. So when they notice symptoms that fit a stereotypical affliction, they are more likely to go with their gut on the diagnosis, without double-checking their work by "Asking the most important question a physician can ever ask: what else could this be?"

He extrapolates that our entire species tends to jump to conclusions based on preconceived assumptions. When we assume the worst, we often bring about negative reactions. When we assume better things, the reactions tend to be more positive. In medicine, the physician's negative assumptions are similarly often borne by the patients who hear the bad news.

Dr. Lickerman relayed the story of a patient who felt a pain that extended to his stomach after pressing on an external muscle "trigger point." The diagnosis was "referred pain," which could effectively be treated with medicine. Later, the doctor heard back from his patient, whose CT scan found a tumor on his pancreas. When the growth was removed, the pain went away. Thus, the pain came from an internal organ, not a muscle. The error did not affect the patient's treatment, but it provided Dr. Lickerman with a sobering tale.

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As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with medical errors like this every day. If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational medical malpractice website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Hospitalist Care Increases Costs

Wed, 17 Aug 2011 08:00:00 EST

The medical scene has exploded with hospitalists in recent years because they supposedly cut costs. However, a new study out of the Annals of Internal Medicine, released last week, claims the opposite to be true.

Hospitalists are specialists, who care for patients hospitalized for an extended period of time. Their purpose is to shorten patient stays in order to cut costs. Indeed, the new study looked at Medicare patients from 2001 to 2006 and concluded that hospitalists cut, on average, half a day per patient, resulting in $282 in savings.

But the study also found that in the post-discharge month, hospitalist patients were more expensive than patients cared for by primary care providers (PCPs), to the tune of $332 extra on average, thereby erasing the gains originally made by early discharge.

A blog posted by Dr. Kevin Pho argues that any system compartmentalizing medical care, such as the one separating patients between PCPs and hospitalists, is a system bound to increase costs because it creates communication gaps.

In this case, the fragmentation of PCP-hospitalist communication leads to early without enough follow-up after the discharge. This results in a high rate of hospital readmissions or relocation to nursing homes, rather than back home. Dr. Pho's post implies that greater communication with the PCP might avoid such results, but hospitalists are incentivized to discharge patients rather than send them through the hospital's system for an additional checkup. For their part, PCPs more readily accept patients for readmission if they are unsure how the patients were treated during their hospital stays. Finally, patients are all too willing receive a second opinion from a new PCP, just in case.

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If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational medical malpractice website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Well Patients, and their Burden on the Medical Field?

Wed, 17 Aug 2011 08:00:00 EST

Dr. George Lundberg, a well-known physician and editor, recently tackled the statistical effects of a growing trend in non-sick patient testing.

He does not mention the prudence of coming in for early preventative testing. Neither does he explore any reasons for the trend toward testing among the healthy. Instead, he focuses on a novel perspective, which he uses "arithmetic" to uncover.

In short, he concludes that the more healthy patients seek medical testing, the greater the prevalence of false positives will be. But the numbers paint a far more striking portrait.

Out of 1000 people, he says, with a pretest probability -- or how many people in a testing sample will likely have the disease -- of 2%, 20 people will have the disease, and 980 will not.

The accuracy of the test must also be accounted for. A 95% accuracy level ("specificity" and "sensitivity" level), Dr. Lundberg says, will yield 19 true positives and 1 false negative among the 20 who have the disease, and will yield 49 false positives among the 980 who do not have the disease.

Out of 1000 people, therefore, under these statistical probabilities, 49 out of 1000 people will be led on a "wild goose chase," and 19 people will be properly diagnosed. The more healthy people apply for this test, the lower the pretest probability will be, and the higher the number of false positives there will be (49 in this case), relative to the number of true positives.

Dr. Lundgren then hovers around the consequence of more tests, which is costly for insurance carriers and mentally and spiritually fatiguing for anxious patients.

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If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational medical malpractice website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Prescribers Should Take Responsibility for Fatal Overdoses

Tue, 16 Aug 2011 08:00:00 EST

In the wake of Amy Winehouse's tragic death, Dr. Emily Gibson, a rehabilitation physician, reflected on the role of prescribers, such as herself, in dispensing medication that may lead to overdoses, such as that, which is suspected in Winehouse's death. Prescribers, she claims, must be "accountable for the clinical decisions that place combinations of potentially lethal medications in their patients’ hands and mouths."

There are both irresponsible and responsible prescribers. The latter, Dr. Gibson claims, can still be accessory to an overdose if they do not check on a patient's extracurricular medication habits. She claims that the increased prevalence of electronic medical records can connect doctors, pharmacists, and others to check on the full medical history of a patient in ways impossible before: prescribers can now look up community pharmacy databases and hospital medical record systems.

There are other precautions a prescriber may take to bolster oversight. Dr. Gibson offers her own methods. She prescribes small doses of dangerous or addicting medication. She never automatically allows refills and doesn't recognize off-hours refills. If she has any reason to be suspicious, such as when symptoms no longer justify prescription, Dr. Gibson cuts off the medication. Detoxification is done with daily oversight: each day receives an ever-decreasing prescription size. She also insists on random urine samples, just in case.

This is all done under an aggressive reading of the rubric, "do no harm." Dr. Gibson knows how easy it is for an addict to take advantage of friends, multiple doctors, pharmacists, and the black market to score any number of drugs. It is the responsibility of every one of the links in this chain -- especially prescribers -- to help the addict cut down.

If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational medical malpractice website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

$3M Settlement for Fatal Suffolk County Prison Scuffle

Tue, 16 Aug 2011 08:00:00 EST

Suffolk County has settled with the estate of a man, who died while in police custody from a head injury a prison guard inflicted, for $3 million.

Scott Eriksen of Mastic -- 20 years old at the time of his death -- was driving in Bohemia when he was stopped by deputy Sheriffs in June 2005. He was stopped for an expired registration, but was arrested for possession of marijuana. He was with his younger brother, Gary, at the time.

By 6:15pm, the Erikson brothers were in a Central Islip holding cell. According to Gary Erikson's affidavit, the sheriff's deputy, Edward Simovich, had taken Scott by the throat and threw him into a bench, causing injury to his head. Simovich's deposition tells the differing account of a mutual scuffle, in which both belligerents fell into the cell.

Regardless, Eriksen's head began to bleed profusely. Medical help arrived two hours later and found Eriksen drooling and shaking. He was declared brain-dead and was subsequently taken off of life support. A 2007 report by the state Commission of Correction shows that the deputies should have called for emergency help.

The settlement, however, was not accompanied by an admission of wrongdoing, which irked some lawmakers, who wanted to make sure this situation would never be repeated.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with wrongful death tragedies every day. If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational medical malpractice and wrongful death website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

NYC Concrete-Testing Lab Indicted for Faked Results

Tue, 16 Aug 2011 08:00:00 EST

NYC Concrete-Testing Lab Indicted for Faked Results

An important concrete-testing laboratory, American Standard Testing and Consulting Laboratories Inc. (ATSC), its president, Alan Fortich, and five staffers are in hot water with the Manhattan district attorney's office for falsifying test results in over a dozen building projects throughout New York.

ATSC, based in New Hyde Park, is being prosecuted for racketeering and other charges because it, "regularly skipped vital safety tests." The company gave the go-ahead anyway for many building projects, including the LaGuardia Airport control tower, the new Yankee Stadium, the Lincoln Tunnel, Memorial Sloan-Kettering Cancer Center, the Jacob Javits Center, a Columbia University science building, the Port Authority Bus Terminal, the Intrepid Sea, Air & Space Museum, the incipient Second Avenue Subway, and other office and apartment buildings.

The concrete-testing laboratory's duty is to test various mixes of cement under the projected strains that architectural projects need the cement to withstand. ATSC is accused of falsifying its results. It is also accused of falsifying its credentials to attain big government projects.

Similar cases have raised concerns in the past about construction safety and stringent test requirements have been imposed to guarantee proper laboratory procedure. Some of the projects in question go back to 1997, predating many of the newer initiatives.

In 2010, two other concrete-testing laboratories were tried in NYC for falsifying testing results for projects such as the new ground zero’s skyscraper, the new Yankee Stadium, the WTC memorial, and the LaGuardia Airport control tower. In those cases, one of the presidents was given up to 21 years in prison, while the other company had to pay only $1500.

If you would like more information about how negligence and accident cases work in the state of New York, I encourage you to explore my educational personal injury website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

Leukemia Patients: Exciting Study Claims Preliminary Victory over Disease

Tue, 16 Aug 2011 08:00:00 EST

A promising study published last week in the New England Journal of Medicine has injected much hope into the cancer research community. The new technique involves readjusting white blood cells to have them directly attack cancer cells.

The study tested the new method on three men with advanced chronic lymphocytic leukemia (CLL). Dr. Carl June of the University of Pennsylvania led the effort, which used a novel carrier -- a new mechanism -- to send genes to white blood cells, or "T-cells," directing them to "kill and multiply." It is the first time cells that attack viruses have been rewired to attack cancers in the same way. Of the three test patients, two cancers have been eliminated and the other cancer is much smaller than before. Scientists are now monitoring the extent of remission -- if the cancers will return -- and are hoping to test the method on more forms of cancer as well as on more people, since three patient successes is no definitive cause for celebration.

The only adverse effect of the therapy thus far has been the simultaneous destruction of other infection-battling blood cells, B-cells, but the patients have received treatment for that as well.

Previous efforts to modify T-cells have been largely ineffective, and have left many cancer patients with the dangerous alternative of bone marrow or stem cell transplants. This new study, on the other hand, is being received with cautious optimism.

If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.