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Continuous Treatment Rule in Medical Malpractice Cases

Robert Wolff November 10, 2014

The procedural rule of statute of limitations provides the plaintiff a certain amount of time to bring in a lawsuit from the time the incident has occurred. In case of medical practice in New York, the patient has two and half years to start the case against the negligent doctor. However, there is a doctrine in the law called the continuous treatment rule. This rule will extend the time that the patient has for filing a medical malpractice lawsuit in New York, even when the statutes of limitation has expired. Hence, this rule tolls or extends the statutes of limitations.

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Contracting Sepsis and a Possible Lawsuit

Gary Silverstein November 10, 2014

Sepsis in its basic definition means a massive infection in your body. The question is how it occurs, why it should matter to you, and how it could be grounds for a medical malpractice case. For instance, say you have undergone a surgical procedure, and the surgeon has inadvertently injured your bowel or colon during the surgery, and does not know about it.

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How a brachial plexus injury occurs

Robert Wolff November 4, 2014

An expectant parent in New York might be concerned about the potential for a birth injury as the time for delivery approaches. It is helpful to know how injuries such as brachial plexus occur so that these issues can be discussed with a physician in advance of the delivery. As a physician evaluates risk factors for brachial plexus, plans may be made to use safe maneuvers or a cesarean section to protect a baby from this condition.

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Occurrences of wrongful diagnoses

Robert Wolff October 28, 2014

Some people in New York suffer injury each year as a result of a completely incorrect diagnosis for a condition they do not have as opposed to the one for which they sought treatment in the first place. A wrong diagnosis can lead to improper treatment and medication being administered, while the real underlying condition gets worse as a result of lack of proper care.

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Disclosure of medical errors in New York

Robert Wolff October 24, 2014

Residents of the state of New York have the right to expect competent and reasonable medical care from their doctors. However, it may sometimes happen that a mistake is made in the course of treatment. As most patients are not medically trained, it is common for them to be unaware of the error unless they are informed by their doctor or other medical practitioner. In response to this situation, a law has been passed specifically requiring all hospitals to report any errors.

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What is Cerebral Palsy?

Robert Wolff October 16, 2014

New York residents might want to learn more about what cerebral palsy is and what factors increase the likelihood of this neurological disorder. According to the National Institute of Neurological Disorders and Stroke, CP tends to occur during birth or in a child’s early years due to brain damage or abnormal brain development. Although the disorder does not worsen over time, it permanently impairs a child’s motor functions and muscle coordination.

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Wrong site surgery medical errors

Gary Silverstein October 6, 2014

Though rare, the occurrence of wrong site surgery in New York is perhaps one of the most clear-cut forms of medical malpractice. When one of these ‘wrong site, wrong procedure, wrong patient errors” takes place, the medical mistake may indicate a failure in the underlying safety standards at the facility where it happened.

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A Surprise You will not Like: How Hospitals are Using Insurance Loopholes to Fleece Patients

Robert Wolff October 5, 2014

In the past few years, there have been several changes in the medical industry. One of the most important changes has been the introduction of the rating system for hospitals which have high readmission rates. Insurers like Medicare have cut down on reimbursement amounts that they pay back to the hospitals. The result-hospitals have started to find a way to get around all the cost cutting. And out-of-network services are a poignant and fantastic way to get the patient to pay up and set up an alternate money channel.

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Hospitals Make Patients Pay for Reimbursement Cuts

Robert Wolff October 5, 2014

Last December, Peter Drier – a 37 year old from New York – went in for surgery to fix the herniated discs in his neck. A bank technology manager, Peter is well versed in rules and regulations and knows that big procedures like a neck surgery require an amplitude of paperwork. So, he happily signed the consent forms. Apart from this, he also looked at his insurance records and made sure all was in order so that when the bills started to come he would be able to take care of everything like clockwork.

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