Halloween is quickly approaching. Many children look forward to this day all year long as they plan their costumes and trick or treating routes in order to yield the most (and best) candy. October 31, however, often ends in tragedy for many children and their families.
UPDATE: In September 2016, The Center for Medicare and Medicaid Services (CMS) ruled in favor of improving the care, safety, and consumer protections for long-term care facility residents that participate in Medicare and Medicaid programs.
What Do These CMS Regulations Mean for Nursing Home Patients?
The goals of these improvements were to reduce unnecessary hospital readmissions and infections that result from improper care of the elderly, doctor error, and overall negligence when treating patients of the long-term care facilities. As the first comprehensive rules applied to long-term care facilities since 1991, these regulations seek to change the quality of care of the elderly in nursing homes, as well as increase safety measures in place for patients.
These Changes to Nursing Home Care Include:
- Prohibiting the use of pre-dispute binding arbitration agreements by nursing homes when making decisions about their residents
- Mandating that staff members at facilities are properly trained to care for residents with dementia
- Holding facilities liable for not appropriately staffing their nursing homes to cut costs and save money.
- Bettering the criteria for discharging patients to ensure that unhealthy patients or elderly unable to care for themselves are being discharged unjustly
- Requiring the presence of an infection prevention and control officer and antibiotic stewardship program that includes new protocols to monitor antibiotic administration and use.
The elderly are some of the most vulnerable residents in New York and throughout the country. The fragile health condition of elderly patients and the position of power that hospitals and nursing homes have over their patients leave elderly patients susceptible to abuse and medical malpractice. As a result, the elderly are often victims of medical malpractice in hospitals or nursing homes.
Woman Brings $6 Million Medical Malpractice Case Against Hospital and Nursing Home
A recent complaint filed by a nursing home patient in Gloversville identifies some dangers of not receiving proper medical care and treatment. A Gloversville woman recently filed a medical malpractice lawsuit against the Nathan Littauer Hospital Association and the Fulton Center for Rehabilitation and Healthcare.
Updated July 2017: In 2014, we posted this blog discussing an article from the New York Daily News where we addressed the boom in construction in New York City, and how this huge increase in construction projects will most likely lead to more workplace accidents.
Three years later we look back at the effects of the construction boom with these questions in mind: Was the foreshadowing true? Have more workers suffered accidents due to the construction boom?
In May 2017, the State Supreme Court in Brooklyn issued an official indictment regarding the 2015 building collapse that resulted in an 18-year-old worker’s death and injury to two others. The court charged the owner of the construction company that employed the victim with numerous offenses, including reckless endangerment. Allegedly, the owner ignored complaints he received about a poorly maintained retaining wall at one of his work sites.
When construction companies fail to properly train their workers, maintain their sites and equipment, and enforce safety regulations, construction accidents can occur and potentially injure and kill workers. All workers have the right to a safe work environment and training in language they can understand, including undocumented workers.
Acts of medical negligence can take many forms. Performing surgery on the wrong site in the body, leaving surgical equipment in a patient after surgery is complete, errors involving the patient’s medication, failing to obtain the patient’s consent to a procedure, and making a diagnosis without ordering the necessary tests or thoroughly examining the patient’s medical history alongside his or her symptoms can all lead to injuries and worsened conditions. This is grounds for a medical malpractice claim, a type of personal injury claim through which an injured patient can seek compensation for his or her damages following an act of medical negligence.
When many individuals think of the term “birth injury,” they think of cerebral palsy. Cerebral palsy is a group of disorders that impact a child’s brain and spinal cord, which can lead to disabilities such as loss of muscle control and learning delays. Although this condition is often mentioned in discussions of birth injuries, it is only one of many types of birth injury a child can sustain as the result of physician negligence. Below are a few other conditions that can cause an infant and his or her family to suffer substantial damages.
Cerebral palsy is a condition that impacts a child’s muscles and ability to move. It is a commonly-cited birth injury in discussions of medical malpractice because it can result from many different types of physician negligence, such as a lack of oxygen during birth, failure to take appropriate care to avoid birth injuries knowing the mother’s health issues and potential complications for the child, breech births, and premature births.
New York City is full of slip and fall hazards. This is particularly true during the winter when snow and ice can accumulate on steps, curbs, walkways, handrails, and fire escapes to conceal existing hazards and create new ones.
A slip and fall accident can cause a victim to suffer severe injuries, which can have complications like blood loss, permanent disability, disfigurement, mental trauma, and death. In less extreme falls, a victim can suffer cuts, sprains, fractures, strains, and head trauma.
In 2016, Coney Island Hospital made the news on multiple occasions due to medical malpractice claims made against the hospital and its staff. The most notable of these cases is perhaps the case of the Brooklyn resident who secured $24 million in compensation for his damages stemming from the amputation of his leg. According to his claim, the amputation occurred because he went without critical emergency care for 13 hours following an accident due to miscommunication at Coney Island Hospital.
Cerebral palsy is a group of disorders that affect an individual’s movement and muscle tone. In many cases, it is caused by injuries or infections suffered by a developing fetus. Examples of these include material illness during pregnancy, a genetic mutation that affects the fetus’ development, and fetal stroke, which is a disruption of the blood supply to the fetus’ brain.