Highlighting Medical Malpractice & Personal Injury Issues Affecting New Yorkers

Ongoing Problems at NYCHHC

Tuesday, June 28th, 2016

iStock_000010501389XSmallA recent NYC Comptroller’s report  found that claims against City hospitals had increased over the past year, but the most alarming aspect of the report was that claims against Kings County Hospital represented nearly 20% of all claims against the New York City Health and Hospitals Corporation (NYCHHC).  This report gives Kings County Hospital the sad distinction of being the malpractice capital of the city.

Kings County Hospital is not the only City Hospital in the news for all the wrong reasons. Recent newsworthy cases against NYCHHC include the choking death of a patient Read More→

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Patient Safety

In 2011 Governor Cuomo and the Legislature established the New York State Medical Indemnity Fund. The fund was intended to provide for future health care costs associated with birth-related neurological injuries arising out of medical malpractice and to lower the cost of medical malpractice to the health care system.

While the New York State Academy of Trial Lawyers and consumer advocates fought bitterly against the fund, arguing that it would deprive the most vulnerable victims of medical negligence of proper care and compensation, the Medicaid Redesign Team included the fund as a key component of its proposals. The Academy, along with leading consumer advocates, warned lawmakers that the fund represented a slippery slope where the quality of care would continue to deteriorate for the unfortunate children consigned to the fund’s bureaucracy.

The NYS Department of Health is now proposing new regulations that would further hurt the most vulnerable victims of medical negligence.  But you can help stop this ill-conceived plan by clicking HERE. 

In April 20th, the Department of Health issued proposed new regulations for the fund.  The regulations would result in:

Families facing great difficulty in modifying their homes to suit the needs of their child, even if these modifications have been approved by a court. The proposed regulations Read More→

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Men at Work

A construction company owner who ignored repeated warnings by the Department of Buildings to install guardrails at a building site has been charged with manslaughter  and indicted in connection with the death of a worker who fell six stories to his death. This story highlights the hazards of construction jobs and the need to insure that laws protecting workers are enforced.

The dangers involved in construction and scaffolding work led the New York State Legislature to pass Labor Law Section 240 and 241(6) to protect construction workers. Scaffold and ladder accidents are usually caused by negligent construction, placement or maintenance of a scaffold or ladder, or a failure to provide workers with protection from the hazards of working at a height. When a contractor or owner fails to provide appropriate safety equipment, a resulting fall can cause catastrophic injuries or wrongful death. Read More→

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Learning that you have cancer is horrifying enough. Finding out that your diagnosis was missed and that your chances for survival are diminished because of medical negligence makes that news even more devastating. Being barred from pursuing a claim because you did not even know your condition was misdiagnosed until after the statute of limitations expired adds insult to injury.

Unfortunately that happens all too frequently in New York, one of only six states that does not have a date of discovery rule for cases involving delayed diagnosis or misdiagnosis.

Currently under New York law, the statute of limitations for victims of medical malpractice is two and a half years from the date the mistake is made, not from the date it is discovered. Read More→

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