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Queens New York Legal Blog

Common cancer diagnosis mistakes

Finding out you have cancer is probably one of the top scariest things you could ever imagine happening to you. Every day people are getting a cancer diagnosis in New York. However, every day there are also people who are seeing a doctor and not getting the proper diagnosis. Leaving cancer undiagnosed is a serious issue that we at Futterman, Sirotkin & Seinfeld LLP do not want to see happen.

It has been shown that delays in cancer diagnosis can decrease survival rates. Unfortunately, ABC News reports cancer diagnosis mistakes are not really uncommon. Errors can happen in many ways, from the doctor to the laboratory.

What are the risks of general anesthesia?

If you are about to have surgery in a New York hospital, you may wonder about the risks of general anesthesia, which is routinely used in surgical procedures. At Futterman, Sirotkin & Seinfeld LLP, we often see people suffering from hospital negligence who were uninformed. Making sure you understand your procedure and the risks can enable you to be a better patient and help avoid negligence issues.

According to the Mayo Clinic, general anesthesia is considered to be safe for most patients, but issues can still occur. Possible things that you may experience due to anesthesia include heart attack, stroke, pneumonia. You may also be confused after waking up. An uncommon yet very serious issue that could be possible is unintended intraoperative awareness. This is when you are awake while under anesthesia. You may or may not feel pain. This could lead to post-traumatic stress disorder.

Cosmetic surgeon’s license suspended for the second time

Most patients seeking medical and surgical treatment in Queens likely place an inherent level of trust in their healthcare providers. The reason for this is not doubt due to the assumption that they have to be qualified in order to practice. However, many people are often shocked to find out that doctors and surgeons who once treated them were later criticized for poor work or even reprimanded. A suspension or revocation of a provider’s license typically accompanies such disciplinary action. Sadly, that often comes too late to help those affected by a negligent doctor’s actions.

At least seven patients of a cosmetic surgeon in Oklahoma ended up suffering due to poor provider care. Over $1.3 million in damages was paid out to these people stemming from botched procedures performed by the surgeon. One patient even died during a liposuction procedure. Amazingly, the surgeon was still practicing even after having had her license suspended in 2004 for substance misuse. Her license was recently suspended again by the state’s medical licensing board following one of the more recent lawsuits filed against her. In its decision, the board stated that the surgeon had shown “an incapacity or incompetence to practice medicine and surgery with reasonable skill and safety” on several occasions. In response, the surgeon defended her work, saying that her only mistake was poor documentation.

Detailing Klumpke’s Palsy

Those first few moments shared between parents and their newborns in Kew Gardens are some that are almost sure to last a lifetime. Unfortunately, they can often be marred if and when babies experience birth injuries during the delivery process. In many cases, those injuries may be minor and could eventually clear up on their own. In others, however, parents may be forced to seek surgical intervention for their newborns and. In some cases, prepare themselves for months or even years of rehabilitation and treatment.

Brachial plexus injuries and Erb’s Palsy (the most common condition that results from such damage) have been detailed on this blog before. Yet brachial plexus problems can also lead to other conditions that can be even more debilitating than Erb’s Palsy. Among these is Klumpke’s Palsy.

Lawyer reprimanded in botched medical malpractice claim

Those in Queens who feel as though they have suffered due to the error of a doctor or surgeon may feel justified in pursuing compensation. However, the emotion that they feel may need to be tempered by the knowledge that initiating legal action is a complex process that mandates certain requirements be met. Typically, one can rely on the assistance of an attorney to provide that legal knowledge. Yet if one’s attorney also gets swept up in the emotion surrounding one’s story, who is left to then ensure that one’s case is handled properly?

This question may be on the minds of an Alabama couple whose second attempt at filing a lawsuit against the providers they believe to have been negligent in their case was dismissed. Along with the dismissal, the lawyer handling their case was reprimanded by the state bar’s disciplinary committee for his handling of the matter. The couple’s initial lawsuit, which was filed in response to the man claiming that the doctors who were supposed to perform a circumcision ending up amputating his penis, was dismissed after the judge hearing it ruled that it did not meet the standards required under the state’s medical liability act. Yet he did offer the couple’s attorney the chance to file an amended claim, which the attorney subsequently did. However, little was done to actually amend the claims made in the initial lawsuit, which led state officials to determine the attorney had not adequately reviewed the man’s medical records, and thus made baseless claims in his petition.

The difference between hospitals and surgical centers

The words “you need surgery” are likely ones that you hope to never have to hear from your doctor in Kew Gardens. Yet in certain cases, surgical intervention may be your best hope at overcoming whatever condition you may be dealing with. As many of those with whom we here at Futterman, Sirotkin and Seinfeld, LLP will tell you, no surgical procedure is routine, and none is without risks. What risks you may face could depend on the type of procedure you have done, as well as the environment that it is performed in.

You may consider any place where you go to receive medical treatment to be a hospital, yet when it comes to surgery, a distinction is made between a hospital and a surgical center. Hospitals support inpatient services, so if your procedure is a complex one that will likely require multiple days for recovery, then it will likely be performed there. However, if the procedure you need can be done on an outpatient basis (where recovery takes less than 24 hours), then you may have it done in a surgical center.

How short sales work in New York

When homeowners begin having trouble making mortgage payments, many try to deal with this issue by placing their house on the market. However, what happens if your home went down in value since you bought it, and now you owe more than you could possibly get for it?

short sale is one of the alternatives that exist to help New York homeowners avoid drastic, credit-destroying measures such as foreclosure or bankruptcy. By agreeing to a short sale, your lender will accept the current market value and release the remaining amount of your debt.

Reviewing the standards of care for nursing homes

If the time has come to consider handing over the daily support of a loved one to a nursing home in Kew Gardens, you might reasonably have some concerns about the care he or she will receive. Unfortunately, many who were once in your same position have since had to seek our services here at Futterman, Sirotkin & Seinfeld, LLP due to their family members or friends having been abused or neglected. Safeguarding your loved from such abuse may seem difficult due to different nursing homes run by private companies being allowed to establish their own differing policies and procedures. Yet did you know that each is still required to follow the same standards of care?

Those standards were established by the Nursing Home Reform Act of 1987 in an effort to regulate the care of residents in such facilities. While several exist regarding specific topics such as medical care and nutrition, the basic guidelines governing your family member or friend’s day-to-day management (as shared by the Legal Information Institute) include:

  •          Providing necessary services to help residents maintain good nutrition, grooming and hygiene  
  •          Ensuring that residents remain active enough so as to prevent pressure ulcers and bedsores
  •          Providing the appropriate assistance for residents struggling with incontinency
  •          Offering adequate supervision and assistive devices in order to prevent accidents
  •          Monitoring a resident’s fluid intake to help ensure adequate hydration
  •          Being vigilant in helping to prevent medication errors

Detailing the problem of overdiagnosing

Many in Woodbury may subscribe to the age-old notion that “it is better to be safe than sorry.” One area where most would think that this idea certainly applies is healthcare. Recent years have seen an increased emphasis placed on living healthy lifestyles amongst the general population, which includes routine visits to one’s primary care physician. Yet while this had helped to grow the field of preventative medicine, and unintended consequence of this shift towards managing one’s health is an increase in the people being overdiagnosed.

The diagnosing of certain conditions has skyrocketed in recent years. Data compiled by researchers at Dartmouth University and shared by the Huffington Post lists the following conditions as being the most overdiagnosed in America:

  •          Chronic kidney disease
  •          Low testosterone levels
  •          Pre-dementia
  •          Thyroid cancer
  •          Breast cancer

Does your local hospital report all of its medical errors?

When you enter into hospital or other healthcare facility in Queens, you likely do so with the expectation that not only is its staff fully capable of seeing to your every medical need, but also that any incidents or errors that may have occurred in the past have better prepared them to avoid having such complication affect you. Yet that may not necessarily be the case. Why? Because statistics seem to indicate that many medical errors and adverse events go unreported.

Just how big of an issue is the underreporting of errors in hospitals? In its 2012 report detailing hospital incident reporting, the Department of Health and Human Services estimated that as many as 86 percent of errors are never reported. The danger in this, or course, is that if a problem was never brought to light, what is to prevent providers from making the same mistake with your care.

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