Suit for Injury During Insurance Company Doctor’s Medical Examination Subject to Medical Malpractice Statute of Limitations, Holds Court of Appeals

Part and parcel of many types of claims for bodily injuries is the medical examination conducted by a physician designated by an insurance company; this however can be complicated by the physician-patient relationship. This can occur in contexts including a personal injury lawsuit, a claim for motor vehicle no-fault benefits, a disability claim or a workers compensation claim. Once … Read the rest

New Medicare/Medicaid Guidelines for Nursing Home Nutrition and Sanitary Conditions

The Centers for Medicare and Medicaid Services (CMS) has released new Interpretive Guidelines for nutrition and sanitary conditions in nursing homes effective September 1, 2008. The changes clarify areas such as assessment, care planning, and interventions for LTC residents.

The new guidelines are significant as it contains detailed instructions for acceptable parameters of nutritional status, details on required nutritional assessment, … Read the rest

Few Doctors Report Abuse of Elderly Patients

A recent article in The Providence Journal notes that although doctors in almost every state are required by law to report suspected elder abuse of their patients, hardly any of them do, even if they fear that their silence may subject an elderly person to continued abuse at the hands of a caregiver or in a nursing home. Physicians … Read the rest

Think Hospital Records Dont Lie? Lets Go to the Videotape

According to the medical records of the psychiatric emergency room at Kings County Hospital Center in Brooklyn, New York, a patient named Esmin Elizabeth Green, who had been brought to the hospital almost 24 hours earlier but had not yet been seen by a doctor, was sitting quietly in a chair. In fact, she was already dead. The hospital chart … Read the rest

First Nationwide Hospital-By-Hospital Survey Of Patient Satisfaction Released: Results Not Flattering for Long Island Hospitals

For the first time, the federal Centers for Medicare & Medicaid Services has posted consumer survey information on its Hospital Compare Web site (www.hospitalcompare.hhs.gov) that attempts to capture the experiences of a patients in a hospital. It is a unique attempt by the government to evaluate hospital care from the perspective of the patient.

Unfortunately for Long Islanders, on average, … Read the rest

Results of Survey of Practicing Doctors Renew Doubts Regarding the Medical Profession’s Ability to Regulate Itself

A survey of a national random sample of practicing doctors found that nearly half of all U.S. doctors fail to report incompetent or unethical colleagues, even though they agree that such mistakes should be reported. More specifically, while 96% of respondents said doctors should always report impaired or incompetent colleagues, only 55% of those with direct personal knowledge of such … Read the rest

Possible Statute of Limitations Bar to Over 600 People Who Doctor Might Have Exposed to Hepatitis B and C and HIV Illustrates Gross Unfairness of Lack of “Discovery Rule”

Earlier this week, 628 people were sent letters by the New York State Health Department urging them to get tested for hepatitis B and C and HIV, all blood borne diseases, because they had received epidural injections from Dr. Harvey Finkelstein, who used re-used syringes, from January 1, 2000 to January 15, 2005.

Even though the victims would have had … Read the rest

Wrongful Denials of HMO Treatment in New York are Common and are Often Successfully Appealed

Many patients of health maintenance organizations (“HMO”) are unaware of their legal right to appeal a decision denying their requested treatment. The desired treatment is normally denied deemed as”medically unnecessary” or “experimental.” The law also only provides for a mere 45 day deadline in which one can file this appeal.

The ignorance of various patients of their ability to appeal … Read the rest

New York City Health and Hospitals Corporation Publicly Releases Data on Infection and Death Rates

On September 7th, 2007, the New York City Health and Hospitals Corporation (NYCHHC), the nation’s largest public health system treating 1.3 million patients a year, began publicly releasing data on infection and death rates at its 11 hospitals and 4 nursing homes.

The safety and performance information is posted on the hospital corporation’s Web site, www.nyc.gov/hhc. The Web site allows … Read the rest

Medicare to Stop Paying Hospitals Extra to Treat Their Preventable Errors

Medicare, in a significant policy change, will no longer pay the extra costs of treating preventable errors, injuries and infections that occur in hospitals, which the government says could save lives and millions of dollars.

Under the new rule, effective October 1, 2007, and applicable to discharges occurring on or after that date, Medicare will not pay hospitals for the … Read the rest