BIRTH INJURIES MEDICAL MALPRACTICE Some birth injuries can be severe and cause long term consequences as a result of medical professionals’ failure to anticipate, recognize, react, and respond properly, and due to failure to notice warning signs, or otherwise deviating from accepted standards of medical care. Examples of improper or negligent responses to complications…
DetailsA wrongful death case arises when a patient dies as a result of medical malpractice. His or her estate can bring a wrongful death lawsuit and can be awarded damages for the beneficiaries of the deceased. In New York, a wrongful death law suit must be filed within two years of the date of death.…
DetailsHOME HEALTH CARE ABUSE AND NEGLIGENCE Millions of people across the nation put their trust in at-home health care agencies to look after either themselves or loved ones. Home health care agencies and their aides are meant to provide quality care and knowledgeable caregivers. Letting someone new into your home, putting trust in their…
DetailsMore than 2.5 million patients are affected by bedsores every year across the United States. Bedsores—also referred to as pressure ulcers and decubitus ulcers—develop when tissue begins to break down from prolonged pressure and they can occur anytime a person does not move enough, whether they are bedridden or in a wheelchair, and can result…
DetailsIn New York, the statute of limitation for filing a civil lawsuit in a medical malpractice case is two years and six months from when the malpractice occurred. However, with the Discovery Rule, the statute of limitations for a cause of action does not begin to run until the time that the injured party discovers or…
DetailsA slip and fall accident occurs when the surface of a pathway is in a condition that is, for example, wet or icy, causing a person to slip. A foreign object or an impediment in a pathway such as an uneven or broken sidewalk or pothole that causes a person to fall, is a trip…
DetailsOn June 6, 2018, The New York State Workers’ Compensation Board released a proposed increase in medical reimbursement to providers who treat workers’ compensation patients. The new, proposed medical fee schedule includes an overall fee increase for all provider types, as well as additional increases for certain specialty provider groups to potentially raise the number…
DetailsAccording to Diederich Data, New York Has Highest Per Capita Medical Malpractice Payout with payouts exceeding $300 million dollars in 2017. And according to Medscape, the top three reasons for a lawsuit were a failure to diagnose, complications from a treatment or surgery, and poor outcome or disease progression. Approximately 80-90% or more of medical…
DetailsAccording to the New York State Department of Health, there are on average 292 deaths each year due to motor vehicle traffic-related injuries among vehicle occupants, killing 1.6 of every 100,000 New Yorkers, 6, 207 hospitalizations, and 106,612 emergency department visits. Statistically speaking, and as of May 2018, Brooklyn has the second highest reported motor vehicle…
DetailsShould the state Medicaid program be able to recover its full value of the lien asserted for medical care in a personal injury case despite the fact that it could potentially leave the injured party with nothing? Answer: No, according to the recent decisions rendered by the Unites States Supreme Court in the cases of…
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