State Legislators Call for Investigation of Nursing Home COVID Spread

New York has been hit harder by the coronavirus than any other state in America, with New York accounting for nearly a quarter of all coronavirus infections and deaths in the country. Nursing homes have been particularly badly hit, with a third of all coronavirus deaths across the United States occurring among nursing home residents and staff. Now, state legislators are calling for an investigation to find out why the virus has been so particularly devastating in nursing homes.… Read the rest

DOJ Targets Skilled Nursing Facilities for FCA Violations

Every year, the United States Department of Justice (DOJ) announces its priorities, in part to inform the public about its activities, but also to put potential wrongdoers on notice that they will be under extra scrutiny. The announcement also is intended to make otherwise recalcitrant people comply with the law, which both protects the public and reduces the likelihood of getting targeted in an investigation. This year, among its other priorities, the DOJ has announced it will be focusing on violations of the False Claims Act (FCA) by skilled nursing facilities.… Read the rest

Coronavirus Spread Highlights Importance of Good Hygiene

With cases of coronavirus now appearing in the United States, there are increasing worries about the impact that the disease will have, particularly on children, the elderly and those with chronic medical conditions. While authorities are urging people not to panic, many Americans are concerned about the danger the coronavirus poses. The coronavirus highlights the importance of having medical institutions that follow proper protocol when it comes to maintaining good hygiene by their staff.… Read the rest

Medical Malpractice Settlement Revealed in the Death of Astronaut Neil Armstrong

On July 16, 1969, astronaut Neil Armstrong and the rest of the crew of Apollo 11 launched from Cape Kennedy with the goal of being the first humans to land on the moon.  On July 20th the goal was reached, in what would be deemed “one small step for man, one giant leap for man-kind.”   Upon returning to earth, the astronauts were seen as American heroes.  Unfortunately, in 2012, Neil Armstrong passed away after undergoing an emergency heart surgery at a Cincinnati Ohio hospital.… Read the rest

Do You Agree That $3,000,000.00 is Not An Excessive Jury Award for Pain and Suffering for Serious Impairment But Not Loss of Vision Following LASIK Eye Surgery?

Devadas v. Niksarli, Index #: 107637/07, is an action for medical malpractice and lack of informed consent with respect to LASIK eye surgery. It was alleged that the defendant departed from the accepted standard of care for refractive surgeons inasmuch as the eye surgery was contraindicated in that at the time of the surgery the plaintiff suffered from forme fruste keratoconus, an early stage of keratoconus.

Keratoconus is the non-inflammatory thinning and steepening of the cornea. The presence of forme fruste keratoconus weakens the corneal stroma and can lead to iatrogenic ectasia. (the word iatrogenic roughly translated means the doctor … Read the rest

Governor Paterson Announces New State Website on Federal Health Care Reform and Implementation

New York Governor David A. Paterson announced on July 8, 2010, the launch of a new State website on Federal health care reform. Several reforms take effect this summer, including a temporary high risk pool for people with medical conditions that are expensive to treat, an early retiree reinsurance program that will help offset the cost of providing health insurance to retirees age 55 and over who are not eligible for Medicare, and the mailing of rebate checks to Medicare Part D enrollees who reach the “donut hole” coverage gap.

The website – www.HealthCareReform.ny.gov – includes descriptions of health care … Read the rest

Governor Paterson Announces $150 Million Available for Long-Term Care Alternatives to Nursing Homes

The dreaded day when a family realizes that their loved one can no longer be cared for in their home, even with assistance, and must be confined to a nursing home will hopefully become less common and traumatic. Earlier this month Governor David A. Paterson announced that New York State will fund up to $150 million in projects to help communities develop alternatives to traditional nursing homes.

The primary goal of this procurement is to help communities organize, finance and develop care alternatives by coordinating a variety of licensed residential programs in the development of residential options. It is hoped … Read the rest

NYC Building Code Does Not Make Landowner Absolutely Liable for Damage to Adjacent Structure Caused By Excavation

Earlier this year the New York City Department of Buildings had a No-Penalty Retaining Wall Inspection Program, in which homeowners could call 311 to request an inspection of their retaining wall without the penalty of violations.

Retaining walls are important because they are designed to hold back soil that would move to a more natural slope or incline if the wall was not in place. Were that to occur, damage could be sustained not only to the building’s foundation, but to the foundation of an adjacent property. Additionally, there is a potential for injury or even death where construction work … Read the rest

Use of Morphine Found to Prevent Development of Post-Traumatic Stress Disorder

Post-traumatic stress disorder (PTSD) is a common, important and well-documented mental health outcome among seriously injured civilian and military survivors of trauma such as those injured in car accidents, construction site accidents, or by electrocution. One risk factor for the later development of PTSD is physical injury from a traumatic event especially injury that is associated with severe pain.

A study published in this months New England Journal of Medicine found that giving morphine to troops injured in fighting in Iraq lowered their risk of post-traumatic stress disorder by half. These findings suggest a potential for prophylactic use of rapid … Read the rest

Will Woody Johnsons New York Jets Fare Better in Today’s Playoff Game Than His Pharmaceutical Company Did on Friday?

This afternoon the Jets face the San Diego Chargers for the chance to play the Indianapolis Colts in the AFC Championship Game. The Jets and their fans go into the game brimming with confidence and excitement. Butin a complaint filed Friday by the U.S. Attorney in Boston, prosecutors alleged that health care giant Johnson & Johnson paid tens of millions of dollars in kickbacks so nursing homes would improperly medicate more patients on Risperdal, a powerful schizophrenia medicine, and other drugs – prescription pain relievers Duragesic and Ultram, and the antibiotic Levaquin. Although approved for treating schizophrenia and bi-polar disorder, … Read the rest