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Medical Malpractice Archives

New law would extend time limits in medical malpractice claims

National Cancer Survivors’ Day was recently celebrated on June 4 to celebrate those who have survived, those who are currently battling cancer and their families/communities. With a prompt diagnosis the odds for survival are much higher than in the past.

Malpractice claims against federally qualified health centers

Federal funding of a healthcare clinic affects the amount of time to bring a medical malpractice lawsuit. In New York, there are more than 100 health centers that receive federal funds. Claims against the appropriate federal agency, not the clinic or the doctor, must be brought within two years.

Delay in sepsis diagnosis and treatment can be fatal

As a parent, it may be tough to identify when a child is simply whining or instead very ill. A young child may not have the right words to convey where it hurts. An older child's symptoms may mimic something benign, but could actually be very serious.

The danger of capping medical malpractice damages

The bill introduced in the House of Representatives as HR 1215 is innocuously titled, "Protecting Access to Care Act." But the main purpose of the proposed law is to cap noneconomic damage awards at $250,000 if a medical provider is federally supported or the doctor accepts federal subsidies through Medicare and Medicaid.

How hospital conditions contribute to misdiagnosis

No one ever wants to go to a hospital. But car accidents, cancer and serious illnesses do not discriminate. At some point, almost everyone will wind up in the hospital - whether on their own behalf or that of a loved one. While many hospital waiting rooms have been upgraded to feel like hotels, it does not change how difficult it is to wait on a diagnosis.

Hospital quality of care and outcomes are not all the same

How do you choose a hospital? And what happens when you have no choice as an ambulance races to get you to the closest facility in an emergency? Hospitals are not all created equal and the quality of care can differ significantly from facility to facility as well as from region to region.

When a drug combination causes adverse effects

If a doctor was moving too fast and failed to consider the potential for adverse reactions when prescribing medications, a medical malpractice action might be a remedy. A New York Court of Appeals court recently looked at the standard for summary judgment when negligence is alleged in these types of cases.