Medical Malpractice

Published on: March 28, 2014

New York Medical Malpractice: Interesting statute of limitations decisions by the Appellate Division, First Department

Ann Pfau is the Statewide Coordinating Judge of the New York Medical Malpractice Program and former chief administrative judge of the New York State Judiciary. In a recent article in the New York law Journal she looks at two interesting statute of limitations decisions recently handed down by the Appellate Division, First Department, both involving medical malpractice actions, one directly and one indirectly.

In Perez v. Fitzgerald, 2014 NY Slip Op. 00744 (1st Dept. Feb. 6, 2014), the court held that the statute of limitations period for chiropractic malpractice was three years, not the two and one-half years applicable to medical malpractice.

In Cabrera v. Collazo, 2014 NY Slip Op. 00611 (App. Div. 1st Dept. Feb. 4, 2014), the court put the bar on notice that, whatever the medical malpractice statute of limitations may be, an attorney may be liable for legal malpractice if attorney neglect causes the client to miss the statute of limitations-even if the attorney’s death occurs before the statute runs.

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Published on: March 13, 2014

New York Hospital may have committed medical malpractice by negligently exposing 4000 patients to HIV and Hepatitis

By GGCRBHS&M

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Nurses at South Nassau Communities Hospital in Long Island , NY may have committed medical malpractice by using the same insulin pen on multiple patients. At this point there is no formal proof that it happened but the warning came after a nurse was heard saying that it was acceptable to use a multidose insulin pen on different patients. To use a multidose pen on different patients is medical malpractice that can have deadly consequences for patients. Even though the pen has disposable needles, it can only be used for one patient because the blood can seep into the insulin cartridge and contaminate the hormone.

After the nurse’s comment was overheard, the hospital contacted more than 4000 patients that had received an injection with a multidose pen to be screened for HIV as well as Hepatits B and Hepatits C.

Medical Malpractice:every time a hospital increases the workload of a nurse by one patient, it increases the risk of an inpatient dying within 30 days of admission by 7%

By GGCRBHS&M

Nurse understaffing by negligent hospitals can lead to medical malpractice that affect patients outcome. A recent study compared the 30 day mortality rate of more than 400,000 patients over 50 years old who underwent surgery in 300 hospitals in 9 different European countries to nurse staffing and nurse education for each hospital.

The study found that an increase in a nurses’ workload by one patient increased the likelihood of an inpatient dying within 30 days of admission by 7% , and every 10% increase in bachelor’s degree nurses was associated with a decrease in this likelihood by 7%. These associations imply that patients in hospitals in which 60% of nurses had bachelor’s degrees and nurses cared for an average of six patients would have almost 30% lower mortality than patients in hospitals in which only 30% of nurses had bachelor’s degrees and nurses cared for an average of eight patients.

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Published on: February 27, 2014

Recent Analysis of Medical Malpractice Claims shows Emerging Risks related to Electronic Health Records

By GGCRBHS&M

A recent study analyzed 147 medical malpractice claims related to Electronic Health Record (EHR) issues and identified that incorrect data entry in the EHR, inconsistency between paper and electronic records as well as system failures were contributing factors in close to 60% of the analyzed claims.

The study was released by CRICO, a patient safety and medical malpractice insurer for the Harvard medical community that includes more than 12,000 physicians, 22 hospitals, and 100,000-plus nurses, technicians, and other employees of Harvard-affiliated organizations. Over 30 years CRICO has built a large comparative database and developed specific tools to analyze medical malpractice claims and identified specific vulnerabilities that need to be addressed by hospitasl and physicians to better protect patients from medical errors.

Recently CRICO analyzed a year’s worth of medical malpractice claims and found that 147 were related to Electronic Health Record problems. Half of these incidents of malpractice resulted in in severe personal injury for the patient. The 147 claims cost a total of $61 million in direct payments and legal expenses.

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Published on: February 25, 2014

Failure to diagnose common variable immunodeficiency (CVID) can be medical malpractice

By GGCRBHS&M

Cover_MedMysteries0225%281%29.jpg Often doctors fail to diagnose common variable immune deficiency (CVID). It takes an average of 6 years for patients to receive a correct CVID diagnosis because it is a rare form of immune deficiency that mimics other diseases and causes a variety of disparate ailments. In a recent article in the Washington Post, Sandra G. Boodman describes the case of a woman who was submitted to numerous tests before being properly diagnosed with CVID. The woman’s oldest brother who is also a physician was diagnosed earlier with the same disorder and she kept telling the doctors and nurses about it but no one listened to her. Finally she was able to arrange a phone call between her brother and her hematologist. The hematologist listened to the brother because he was a doctor and then things started to move in the right direction. She started to receive infusions, the only way to treat CVID and the platelet count started to increase. After a few months she was in remission. She then saw two specialists who confirmed she had CVID a condition that so far has no cure and requires painful monthly infusions.

Published on: February 25, 2014

New York Medical Malpractice Lawyer Stephen Mackauf to speak at the New York State Bar Association Medical Malpractice Litigation Seminar

By GGCRBHS&M

Stephen%20Mackauf.png Our partner, New York Medical Malpractice Lawyer Stephen Mackauf will be speaking at the New York City Session of the New York State Bar Association CLE program “Medical Malpractice Litigation: Technique, Strategy and Procedure” on Friday, March 28, 2014.

Lawyers new to medical malpractice litigation seeking to expand their practice as well as experienced lawyers looking to hone their trial skills are welcome to attend this seminar.

Topics include:

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Published on: February 21, 2014

Long term care seniors who are transitioning from a long stay in a nursing home to a home and community based services program have a higher risk of being hospitalized than those who choose to stay in the nursing home

By GGCRBHS&M

Because medical needs of long term care patients are often being neglected when they transition from a long term stay in a nursing home to a home and community based services program, they are at a greater risk of hospitalization than those with similar conditions who choose to stay in a nursing home.

A recent study published in the Journal of the American Geriatrics Society (J Am Geriatr Soc 62:71–78, 2014.) and led by Andrea Wysocki, PhD, Center for Gerontology and Healthcare Research, Brown University, Providence, Rhode Island compares hospitalizations of dually eligible older adults who had an extended Medicaid nursing home (NH) stay and transitioned out to receive Medicaid home- and community-based services (HCBS) with hospitalizations of those who remained in the nursing home.

Home and Community based services programs for patients with long term care (LTC) needs have been very in demand recently not only because patients prefer to be in a home and community setting rather than in an institutional setting but also because the per-person costs are usually lower for HCBS than for nursing homes.

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Published on: February 20, 2014

A man who lost his leg after being treated for a broken ankle was awarded 9.1 million by a Jury in a New York Medical Malpractice Lawsuit

By GGCRBHS&M

In a recent malpractice lawsuit, a New York State Supreme Court Jury, Erie County, awarded $6 million for past and future pain and suffering and $2.8 million for medical expenses and lost of wages to a man who lost his leg as the result of medical malpractice by his surgeon. His ex-wife was also awarded $350,000 for loss of services.

Donald Schultz was a 35 year old public safety dispatcher for the City of Tonawanda, NY, when he broke his ankle in 2004. After initial treatment he still felt pain on the side of his foot near the little toe and made an appointment with Dr. Michael A. Parentis at the Knee Center of WNY. Dr Parentis performed 12 surgeries on his foot and leg. He started with surgeries on the little toe then amputated it. After the patient developed an infection, the doctor also amputated the fourth toe. As the pain continued the doctor continued to operate up until July 2009 when he amputated the leg below the knee.

NY Health Department Investigation in the death of Rory Staunton shows that NYU Langone ER committed blatant medical malpractice

By GGCRBHS&M

Blatant medical malpractice was committed by the Emergency Room staff of the NYU Langone Hospital in New York that lead to the death of 12 year old Rory Staunton according to a recently released investigation by the the New York State Department of Health.

Rory Staunton died on April 1st 2012 from sepsis after a scrape on his arm became infected. He was taken to the ER at NYU Langone Hospital but was sent back home after the staff failed to diagnose sepsis. His condition worsened and he died the next evening.

According to the investigation by the NY Health Department “NYU Langone ER failed to provide care in accordance with acceptable standards of practice for both medical staff and nursing services, as well as a systemic failure related to the reporting and follow up of abnormal laboratory results”.

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Published on: February 7, 2014

Medical Malpractice Prevention: women face a higher risk of stroke than men and should get extra monitoring

By GGCRBHS&M

Women are at a higher risk of a stroke than men because they have unique risk factors associated with pregnancy and the use of hormones. The guidelines from the American Heart Association and American Stroke Association were the first such recommendations aimed at preventing strokes in women. Stroke is the fourth-leading cause of death for all Americans and a leading cause of disability. It’s the third-leading cause of death for women, after heart disease and cancer.