Highlighting Medical Malpractice & Personal Injury Issues Affecting New Yorkers

Medical Malpractice

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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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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Increased Doctor Discipline Needed

Thursday, May 26th, 2016



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Medical Malpractice is the third leading cause of death in America.  What may be even more disturbing is the lack of discipline for those responsible.

In New York, complaints about physicians and practitioners are investigated by the Office of Professional Medical Conduct (OPMC). However, 60% of OPMC actions were reliant on findings from other states.  That means that more than half of the time that New York State actually takes disciplinary action against a doctor licensed to practice here it is because another state took action first.  Reports show that over 77% of New York doctors that have been sanctioned by the OPMC for negligence continue to practice. Read More→

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SAFE STAFFING

Thursday, August 8th, 2013

Cerebral-Palsy

Study after study has confirmed that safe staffing improves patient outcomes and saves lives. Now the New York State legislature has the chance to pass a law insuring that hospitals and nursing facilities are adequately staffed. a

The “safe staffing for quality care act” would authorize the NY State Department of Health to require minimum nurse to patient staffing ratios, a requirement the California has had in place since 2004. Read More→

Categories : Medical Malpractice
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