The Personal Injury Lawsuit in New York: The Bill of Particulars October 29, 2010
Posted by Carol L. Schlitt in Legal Services, New York Law, Personal Injury Law.Tags: Bill of Particulars, Customer Service, Discovery Phase, Lawsuit in New York, New York Laws, New York Lawsuit, New York Medical Malpractice Attorney, New York Personal Injury Lawyer, ny personal injury attorney, Summons and Complaint, Top Bronx Attorney
comments closed
The legal process for personal injury and medical malpractice cases in New York can be long, confusing and difficult. I work hard to make that process work for my clients by squeezing out every day to shorten the process as much as possible. I also work hard to keep my clients up to date on all activities with their cases and to educate them about the process so it is less confusing.
I have used this blog to explain the various steps in the legal process. Today, I will write about the Bill of Particulars that a plaintiff must send in response to the defendant’s Demand for a Bill of Particulars.
Filing a Lawsuit: The Summons and Complaint
One begins a personal injury or medical malpractice lawsuit in New York by filing two documents with the courts: the summons and complaint. When doing so, an attorney purchases an index number from the court (at a cost of $210). With the purchase of the index number, the attorney registers the case with the court.
The Complaint states the basis for the lawsuit in very general terms. The Summons requires the defendant to respond. You can learn more about starting a lawsuit in New York in the article: Filing a Lawsuit in New York: The Summons and Complaint.
The Defendant’s Response to the Summons and Complaint
The defendant has thirty days (only twenty days if they received the Summons and Complaint via personal service) to respond to the Summons and Complaint. They respond with two documents:
- Answer to the Complaint
- Demand for a Bill of Particulars
In the Answer to the Complaint, the defendant responds to the allegations made in the Complaint. In the Answer, the defendant can admit or deny the allegations, claim a lack of knowledge or assert an affirmative defense. In the Demand for a Bill of Particulars, the defendant asks for more details about the case from the plaintiff. You can read more about these documents in the article, “The Initial Response by a Defendant to a Lawsuit in New York: The Defendant’s Answer to the Complaint the Demand for a Bill of Particulars.”
The Bill of Particulars
Once I receive the Demand for a Bill of Particulars, I need to prepare and respond with a Bill of Particulars. To do so, I list each of the questions raised in the Demand for the Bill of Particulars and then I provide a response. The answers generally take one of three forms:
- Providing an answer to the question asked.
- Explaining that we lack sufficient information to answer the question.
- Objecting to the question.
We can provide an answer and I generally try to do so. The quicker we respond and the sooner we answer the defense questions, the faster we can move the case. However, there are certain exceptions to this approach.
We can object to the question if the defense seeks more information than is necessary or legal, if the question is not specific enough or if they ask for information to which they are not entitled. In those instances, I will file an objection and not answer the question.
We can object to the question if the question is unclear or not specific enough. In those instances, I will file an objection and not answer the question.
If we object to certain questions, the defense can accept our objection. Sometimes the defense will follow up with a letter that alters the questions in a way that we find acceptable. Sometimes the defense will wait until we meet with a judge at a preliminary conference and ask the judge to determine if we must answer the question.
While we have thirty days to respond to a Demand for a Bill of Particulars, I try to answer as soon as possible both as a demonstration of our preparedness and to move the case along as quickly as possible. Cases in New York can take up to two years to come to trial, and sometimes longer if there are many motions. It troubles me when defense firms or the courts move slowly simply because no one is paying particular attention to a case. Therefore, I look for every opportunity to move a case along. A week here and a week there, starts adding up to many months saved.
Next Steps: The Discovery Phase
Once we exchange the Bill of Particulars, we can move onto the next phase of the trial: Discovery. During Discovery, both sides can request evidence, testimony and information relevant to the case. You can read more about this phase in the article, “What Happens in the Discovery Phase of a Case?”. The Discovery phase includes depositions and the defendant’s medical exam. To learn more about those events, you may want to read the articles, “What is a Deposition and How Can I Prepare for a Deposition?” and “What is the Defendant’s Medical Exam (DME)?”
I hope you have found this information helpful. I do need to remind you that this information offers general guidelines. If you have questions about a specific case, you should consult an experienced personal injury lawyer in New York. I will be glad to answer your questions and assist you. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.schlittlaw.com
http://nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.
Medical Malpractice in New York: Busting the Myths June 15, 2010
Posted by Carol L. Schlitt in In the News, Medical Malpractice.Tags: Med Mal Cases, Medical Malpractice, Medical Malpractice Lawsuits, New York Doctor Discipline, New York Medical Malpractice Attorney, New York Personal Injury Lawyer, ny personal injury attorney, System Failure
comments closed
A new study of New York’s health care system has documented that medical malpractice costs have dropped while health care insurance costs have risen, proving once and for all that medical malpractice lawsuits are not the cause and have not contributed to rising health care expenses. The study, System Failure: A Review of New York’s Doctor Discipline Program, was published jointly by the New York Public Interest Research Group (NYPIRG), the Center for Justice & Democracy, the Center for Medical Consumers and Consumers Union. The report found the following facts regarding medical malpractice in New York:
- Medical malpractice claims have not increased in New York. Even as the number of doctors practicing medicine and the number of patients receiving care in New York has increased, the number of medical malpractice claims has not. In fact, the percentage of patients filing medical malpractice claims has decreased.
- Payouts for medical malpractice cases have decreased since 2006. Here’s what the report found: The National Practitioners’ Database shows that for the past few years New York’s aggregate of malpractice payouts, unadjusted for inflation, dropped from $822 million in 2006 to $736 million in 2009, or roughly 10 percent.
- The frequency of medical malpractice payouts has declined. Here’s what the report found: “The number of malpractice payments made has hovered around 2,000 annually, although in recent years that amount has continually decreased to just over 1,800 in 2009. During that period of time, the number of doctors practicing in New York State has increased by over 26 percent, from 51,193 doctors in 1995 to 64,818 in 2009.”
- The vast majority of medical malpractice payouts does not result from frivolous cases, but are related to serious injuries and death caused by medical malpractice. The report states, “Death, catastrophic and permanent injuries received the most compensation from malpractice payments, both in frequency and dollars. “
The facts presented in this study make it clear that those who claim that medical malpractice lawsuits are bankrupting the health care system and driving up health care costs are wrong. The Albany Times Union quotes Arthur Levin, the Director of the Center for Medical Consumers, “the data does not support the view that medical malpractice lawsuits are out of control”.
The medical malpractice system in New York works as it should making sure that patients who suffer serious harm as a result of malpractice receive payments for the damages they suffer. If anything, we need to make sure that the decrease in the percentage of patients filing medical malpractice claims does not result from a lack of access to the judicial system.
A Lack of Discipline for Wayward Doctors in New York
Many in the medical profession want to limit medical malpractice suits saying that doctors will discipline themselves. This study, System Failure, found the opposite; the system to discipline doctors in New York State appears broken. The report contains the following findings:
- The number of doctors being sanctioned by New York’s Office of Professional Misconduct (OPMC) has declined to a fifteen-year low, despite a substantial increase in the number of physicians practicing in the state and a dramatic increase in complaints. In 2009, New York sanctioned 292 physicians and physicians’ assistants (PAs), the fewest since 1995, despite an increase in the number of doctors practicing in the state (26 percent) and a jump in the number of complaints against physicians (63 percent). As reported by the state, few complaints originated from other doctors or health facilities.
- Nearly 60 percent of OPMC actions were based on sanctions taken by other states, the federal government or the courts, not directly as the result of an OPMC-initiated investigation. Moreover, of those punished by the Department because of misconduct, most continue to practice in the state of New York. While it is important that the OPMC act when another jurisdiction has punished a physician for misconduct or violations of law, it is the work of identifying and punishing misconduct by doctors that occurs in New York State that must be the primary focus of OPMC investigators. For patients seeking care in New York State, OPMC should be the front line protection from medical misconduct.
State law has given doctors the power to discipline themselves and they have chosen not to use that power. New York State legislation passed in 2008 gave the OPMC more power to investigate doctors based on medical malpractice claims. That new power should have resulted in an increase of discipline cases. Instead, we saw a decline.
The medical malpractice lawsuit remains an important and vital instrument for improving the health care system in New York and for bringing justice to patients and their families. This study, System Failure, documents that the New York State system for disciplining doctors is not working as promised. Meanwhile, the medical malpractice system remains the best way for patients and their families to understand medical malpractice, to receive justice and to impose discipline on doctors who commit medical malpractice. The system is far from out of control. If anything, we should see an increase in medical malpractice cases as the number of patients and doctors increase.
The good news is that the vast majority of doctors practice excellent health care in New York and that, in the vast majority of cases, patients receive excellent care. The problems arise when doctors commit medical malpractice and no one takes action against them.
I hope you have found this information helpful. You can read the full report, System Failure: A Review of New York’s Doctor Discipline Program, by clicking here. If you want to learn more about medical malpractice cases, you can visit the section at my website on medical malpractice. I have published many articles on medical malpractice in New York State. You may also want to read, “Medical Malpractice: Proving that a Doctor Deviated from Accepted Standards of Medical Care” or “Medical Malpractice: Sometimes It’s What the Doctor Doesn’t Do.”
If you believe that you or a loved one has been the victim of medical malpractice, you should consult with a New York personal injury attorney experienced with medical malpractice cases. I will be glad to answer your questions and help evaluate your potential medical malpractice case. There is never a charge for this consultation. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.
Medical Malpractice: Proving that a Doctor Deviated from Accepted Standards of Medical Care June 10, 2010
Posted by Carol L. Schlitt in Medical Malpractice.Tags: Medical Malpractice, New York Medical Malpractice Attorney, New York Personal Injury Lawyer, ny personal injury attorney
comments closed
In New York, as in many other states, proving a case of medical malpractice requires that a person prove two points:
- That the doctor or medical professional deviated from accepted standards of medical care; and,
- That the deviation caused substantial harm.
The standard for proving medical malpractice is high. Not every bad outcome constitutes medical malpractice and sometimes a doctor’s treatment deviates from good and accepted practice, yet that deviation does not result in a worse outcome. If you believe that you or a loved one has suffered from medical malpractice in New York, you should consult a New York attorney experienced with medical malpractice. Most medical malpractice attorneys will evaluate your case free of charge.
Assessing a Medical Malpractice Case
I read in the newspapers about lawyers who immediately rush to file lawsuits claiming millions of dollars in damages. In reality, they do their clients a disservice by filing charges before they fully assess the case. A rush to file a lawsuit can lead to errors, including failing to sue the correct person and failing to identify the correct claims and to present them in a way that best serves the client’s case.
I have developed a thorough process to evaluate each medical malpractice case so I can advise my clients on the best actions for them to take and, if we pursue a medical malpractice lawsuit, prosecute the strongest case possible. I begin by thoroughly interviewing my client and family members if necessary. It is important to understand what happened from the victim’s point of view and important to understand what impact the medical malpractice has had on their lives.
Reviewing Medical Records
I collect all the relevant medical records. Retrieving medical records should be a simple process, but often requires diligent follow up as some providers illegally resist releasing records. I then organize the medical records and analyze them.
I consult with a highly regarded nurse reviewer who helps in this process. In this initial review, we can identify the steps taken (or not taken), procedures and tests performed (or not performed) and the patient outcomes. The medical records are very revealing and usually hold the essential information for a potential case. By this point, we can usually determine if medical malpractice has occurred.
In a recent case, we were able to identify falsified records where nursing home staff made entries in the records after the fact in an attempt to cover up medical malpractice. The ability to identify those falsified entries depended upon the very careful review of the medical records and the years of experience that my nurse reviewer and I have in assessing medical records.
Receiving a Medical Opinion
After assessing the medical records with the nurse reviewer, I provide a preliminary assessment to my client and we decide on the next steps. If the record review suggests that medical malpractice did occur, I take the following steps:
- I consult with a physician to review the records and give me a verbal opinion.
- I work with the nurse reviewer to identify any published medical standards that may apply to the case. For example, many professional associations, such as the American Academy of Pediatrics, publish standards that doctors should follow in treating a particular condition.
- I conduct a case review to find similar cases.
If the consulting physician finds malpractice, I then prepare a full assessment of the case for my client. This assessment is a detailed written review of the facts of the case, of the liability arguments and the damages. It includes both a trial and a settlement strategy. I review this assessment with my client and incorporate any feedback from my client.
Filing a Medical Malpractice Lawsuit in New York
At that point, we are ready to file the lawsuit. Before doing so, I will approach the other aside about a settlement. Sometimes a defendant will agree to settle a suit at this point because it enables them to avoid substantial legal fees.
New York medical malpractice law requires the attorney to file a certificate that he or she has consulted with a medical expert who verifies the case meets both requirements. Therefore, we cannot file the lawsuit unless and until we have thoroughly reviewed the medical record and received a medical opinion that medical malpractice did occur.
Proving a Variation from Good and Accepted Medical Malpractice
Winning a medical malpractice case depends on proving to the jury that a doctor (or other medical professional) varied from accepted standards of care. Doing so requires a combination of substance and showmanship or, in other words, science and art. We build our case around the substance and science of the medical review and professional opinions. We win the case by presenting that information in a persuasive manner. I rely on the following approach:
- Presenting expert testimony: We will have doctors testify about the variation form good and accepted practice. The doctor must have the same specialty as the doctor on trial, so if the case involves an orthopedist, then we will have an orthopedist provide expert testimony. I work with a group of professionals who possess strong credentials, proven expertise and the ability to present complex medical information in ways that juries can readily understand.
- Presenting the medical records: We will walk the jury through the medical records to both document our case and to tell the story of what happened. Juries need to see the records to verify what transpired, but they need to hear a story to both understand and believe.
- Presenting diagrams, photographs and other presentation materials: Court proceedings can be dry and very long. Juries are often surprised because they see the fireworks that occur in TV courtroom dramas. I work with experts to enliven the proceedings and to make clear our case by presenting photos, diagrams and other presentation materials. Many jurors want visual evidence to understand a case.
- Cross-Examining the Defendant: I usually call the defendant doctor before calling my expert doctor. I want to let the defendant lay out exactly what he or she did or failed to do so that the expert testimony will show how they deviated from standard medical practices.
Pursing Medical Malpractice Cases in New York
In recent years, medical malpractice lawsuits have gained notoriety. Some have claimed that medical malpractice lawsuits have raised medical costs for everyone. The facts suggest otherwise – as awards paid in medical malpractice cases have declined, medical malpractice insurances costs that doctors pay have risen.
Medical malpractice cases are very important to me. I listen to patients and families who have suffered great hardship and their stories can be very emotional. I often need to tell patients that they may have suffered a bad result, but they do not have the grounds for a medical malpractice case. I never rush to judgment. If I believe that medical malpractice occurred, I conduct a through evaluation before drawing any conclusions.
If I do find that medical malpractice occurred, I fight as hard as I can for my clients. They deserve justice and compensation for their damages. Our medical system depends on us holding doctors accountable for their malpractice. The vast majority of doctors do a great job providing medical care, but when medical malpractice occurs, my clients depend on me to bring them justice.
I hope you found this information helpful. Please email me if you have comments, questions or would like assistance with a medical malpractice case. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.
Medical Malpractice: Painful Lessons Learned from the Liew Kidney Lawsuit June 2, 2010
Posted by Carol L. Schlitt in In the News, Medical Malpractice.Tags: kidney lawsuit, Medical Malpractice, New York Medical Malpractice Attorney, New York Personal Injury Lawyer, ny personal injury attorney
comments closed
Last week, a Queens jury cleared the NYU Langone Medical Center and one of its doctors of medical malpractice in a case that involved the death of a patient after a kidney transplant. Vincent Liew died at age 37 in 2002, less than one year after receiving the kidney because the transplanted organ infected him with uterine cancer. This is a tragically sad case that cost a man his life and left behind a grieving widow. It provides key lessons for patients and lawyers.
Facts of the Case
Victor Liew developed kidney disease from diabetes and his kidneys weakened to the point that he required a transplant. The waiting list for an organ transplant is long and there is no guarantee that a patient will find a matching organ. Waiting for an available organ is very stressful; finding an organ brings great joy.
In April 2002, the hospital notified Mr. Liew that a matching kidney was available. Mr. Liew underwent the transplant, but he immediately experienced problems with the kidney. He ultimately died in August of 2002 and an autopsy revealed that he died of uterine cancer.
You can read about this case in the archives of the Daily News and the New York Post.
What went wrong?
The donated kidney came from a woman who died of a stroke at St. Luke’s Cornwall Hospital in upstate Newburgh. The New York Organ Donor Network matched the organs with the recipients. At least three patients received organs (kidneys and a heart) from that woman and all three patients died shortly after the transplant.
It turns out that the donor had uterine cancer and the hospitals, doctors and patients receiving the organs were unaware of that fact. In Mr. Liew’s case, he and his doctor were unaware that the kidney he was about to receive carried this deadly disease.
Why did the jury find the doctor not guilty?
Mr. Liew’s original attorney sued the doctor but no one else. However, the doctor was not at fault here. The mistake came somewhere between the original hospital and the New York Organ Donor Network, which failed to screen the donated organ. The statute of limitations against the original hospital and the New York Organ Donor Network expired. Mr. Liew’s widow hired a new lawyer who continued the case against the doctor. Ultimately, a jury found that the doctor was not at fault; he had followed good and accepted medical practice in relying on the integrity of the original hospital and the Organ Donor Network to properly screen organs before transplant.
It is interesting to note that the hospital where Mr. Liew received his kidney (NYU) is suing both St. Luke’s Cornwall Hospital and the New York Organ Donor Network for failing to adequately screen the donated organ.
Lessons Learned
This case offers a few lessons for attorneys and patients. First, it is important to recognize that medical malpractice cases are hard to prove in court. You must prove that the offending health care provider deviated from good and accepted medical care and that the deviation caused substantial harm. In the Liew case, Mr. Liew and his widow suffered substantial harm but not because of the actions of Mr. Liew’s doctor.
Second, not all bad outcomes result from medical malpractice. I have seen enough cases that have caused great sadness, but not resulted from deviations from good and accepted medical practice. Sometimes excellent doctors and medical professions do their jobs well and patients still die or suffer poor outcomes. However, in those cases where the medical professionals did not follow good and accepted medical practice, it is important to hold them accountable and to press medical malpractice claims.
It is also important to identify who caused the damage. Simply put, attorneys must know whom to sue. In this case, the original attorney hired by the Liew family failed to identify the parties that had committed the error and caused Mr. Liew’s death. They sued the wrong person.
Facts about Organ Transplants
Please do not let this case make you fearful of organ transplants. The federal Centers for Disease Control and Prevention estimate that 1 percent of U.S. organ transplants are suspected of transmitting illnesses. There are over 100,000 people in the United States waiting for a transplant as I write this article. If you are interested in donating your organs, you can take the following actions:
- Register with your state’s donor registry. Most states have registries. Check the list at OrganDonor.gov.
- Designate your choice on your driver’s license. Do this when you obtain or renew your license.
- Sign and carry a donor card. Cards are available from OrganDonor.gov.
If you want to learn more about organ transplants or if you have questions, click here for a good article from the Mayo Clinic.
Medical Malpractice Laws and Lawsuits in New York
If you want to learn more about medical malpractice in New York, you can check my website where I provide extensive information. I have written a number of articles on the issue, including one entitled “Medical Malpractice: Sometimes It’s What the Doctor Doesn’t Do,” one on the statute of limitations for medical malpractice lawsuits and one on bedsores and medical malpractice. Although some people believe that we need limitations on medical malpractice suits, I refute that assertion in an article on a court striking down caps on medical malpractice awards in Georgia.
If you have legal questions regarding potential medical malpractice, you may want to consult an experienced and successful medical malpractice attorney. I handle medical malpractice cases in New York and if you have a medical malpractice question in New York, I will be glad to answer your questions and assist you. You can call me at 1-800-660-1466 or email me.
I hope you found this information helpful. Please email me if you have comments, questions or would like assistance with a medical malpractice case. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.
Medical Malpractice from Bed Sores in a Nursing Home or Hospital May 24, 2010
Posted by Carol L. Schlitt in Medical Malpractice.Tags: bed sores, bedsores, decubitus ulcers, long term care cases, Medical Malpractice, New York Medical Malpractice Attorney, New York Personal Injury Lawyer, nursing home cases, ny personal injury attorney, pressure sores
comments closed
I am currently working on a case for a widow whose husband developed bed sores while in the hospital and those wounds caused him to develop two serious infections: sepsis and Clostridium difficile. The bed sores were so severe and the infections so strong that they persisted for more than a year and he ultimately died from a combination of cardio respiratory arrest and sepsis. The sad truth is that these bed sores should never have occurred. In fact, all bed sores are preventable and at worst, if one begins to develop, immediate action can lead to rapid healing with no damage.
Never let anyone tell you that bed sores are an accepted fact of life of long term care. They are not. The overwhelming number of long-term hospital and nursing home patients never develop bed sores thanks to the application of good standards of care, the use of modern technology and the diligent work of the medical staff.
The presence of bed sores, particularly advanced bed sores, is almost always an indicator that medical malpractice has occurred. Advanced bed sores are very painful, difficult to treat and can lead to life-threatening infections as they did in the man whose widow I now represent.
This article provides basic information on bed sores by explaining what they are, how they form, how to prevent bed sores, the four stages of bed sores and how they are treated. This information is not a substitute for medical or legal advice. If you need medical treatment, please see a medical doctor as soon as possible. If you need legal advice, you should consult an experienced medical malpractice attorney.
What are bed sores?
Bed sores, sometimes spelled as bedsores and sometimes known as pressure sores are decubitus ulcers. These pressure ulcers result from prolonged pressure on the skin, though repeated friction can cause bed sores as well. They may begin as a mild pink mark on the skin though they can develop into open and deep wounds that extend to or even through bones.
How do Bed Sores Occur?
A bed sore will develop when a person’s skin becomes trapped between his or her bones and an external surface, such as a hospital bed or a wheelchair. If this condition persists, a lack of blood circulation will occur and the skin will decay. It is easy to understand how repeated friction can cause the skin to blister or tear. Bed sores develop their name because they often occur during a prolonged hospital or nursing home stay when a person may lay in bed for hours or days on end with little or no movement.
Bed sores most often develop near bony areas of the body. For example, these skin ulcers will develop when a patient’s skin becomes trapped between the hip bone and a nursing home mattress for an extended period of time. Other bones that frequently become involved with bed sores include the spine, tailbone, elbow, heel and foot.
The longer a person goes without moving, the more likely a bed sore will form and the longer it goes untreated and the pressure unalleviated, the worse the bed sore will become. Nursing homes with lax standards or inadequate staffing often produce conditions where patients develop bed sores.
Preventing Bed Sores
The best way to avoid bed sores is to ensure regular movement of the body and to keep the person well-hydrated and well nourished. The hydration and nourishment promote healthy skin and good blood flow. The regular movement ensures that no part of the skin becomes trapped for a prolonged period of time. Standard protocols in nursing home and extend hospital stays require moving a bed-ridden at least once every two hours.
Here is a list of standard ways to prevent bed sores:
I cannot stress enough the importance of prevention. Given the available body of knowledge and experience, there is no reason for patent to develop a serious bed sore or decubitus ulcer. If a patient develops a Stage One bed sore (pink or red skin), rapid recognition and treatment will led to immediate healing and the prevention of a more serious condition.
Four Stages of Decubitus Ulcers or Bed Sores
Like other wounds, bed sores are categorized in four stages according to severity:
Stage One: Intact skin with redness. The treatment consists of identifying the source of the bed sore and alleviating pressure as well as covering and cushioning the affected area. Doctors will take steps to ensure an adequate diet and adequate hydration and may prescribe increased Vitamin C and zinc. Stage One bed sores may heal themselves and are readily treatable. The key is to identify the source of the wound and to prevent any worsening of the condition.
Stage Two: This stage involves blistering of the skin, though the blister may be either broken or unbroken. The most notable change from a Stage One wound is that the skin is now injured. In addition to the same steps taken to treat a Stage One wound (i.e., alleviating pressure), Stage Two wounds require wound dressings that not only protect the affected skin area, but also provide insulation and absorption of any fluids. Doctors may use skin lotions to hydrate the area and will monitor nutrition as well. It is critically important to aggressively treat a Stage Two bed sore to prevent any worsening. Stage Two wounds are readily treatable and any worsening only results from a lack of sufficient care.
Stage Three: This stage involves a clear break in the skin and the wound may extend through all layers of the skin. Infections are likely to occur, making a Stage Three wound particularly dangerous. The treatment of Stage Three wounds can be difficult and requires immediate efforts to alleviate pressure and to cover and protect the wounded area. Doctors may use antibiotics to treat infections that develop.
Stage Four: This stage involves an open wound that extends through the skin and affects underlying tissue such as muscles, tendons or ligaments. Stage Four wounds can affect bones and organs. Stage Four wounds are very painful and can be life-threatening. Treatment usually requires the intervention of a wound specialist and may require surgery.
Treating the Serious Bed Sore
The best treatment is prevention as prevention is much easier than treating the serious skin ulcer.
All stages of bed sores require at least two forms of treatment:
If the bed sore breaks the sin, then medical providers must take additional actions to protect the wound and facilitate healing. The medical staff should provide a dressing for the wound and may use a lotion to help the healing. If the bed sore is infected or oozing fluids, then the medical staff must keep the wound clean, usually by using a saline solution to help clean it. If dead skin develops, the doctors will remove the dead skin (known as debriding). Doctors may irrigate the wound to keep it clean.
The deepest bed sores are the most difficult to treat. Some doctors may use surgery to place a layer of skin over the wound. They will also use antibiotics to treat infections.
Patients with Bed Sores
It can be very difficult to learn that a loved one has developed bed sores. We may feel guilt for not preventing the wound, even though we did our best to ensure our loved ones receive good medical care. We may experience anger at the medical staff. The best thing we can do is to ensure that the medical provider acts aggressively to treat the bed sore and prevent further bed sores.
If you have questions about bed sores that you or a loved one has developed, you should seek the care of a good doctor, perhaps a wound care specialist. If you have legal questions regarding bed sores and medical malpractice, you may want to consult an experienced and successful medical malpractice attorney. I handle medical malpractice cases in New York and if you have a bed sore or medical malpractice question in New York, I will be glad to answer your questions and assist you. You can call me at 1-800-660-1466 or email me.
I hope you found this information helpful. Please call or email me if you have comments, questions or would like assistance with a medical malpractice case. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.
The Statute of Limitations for Medical Malpractice Cases in New York State April 21, 2010
Posted by Carol L. Schlitt in Medical Malpractice, New York Law.Tags: Medical Malpractice, New York Laws, New York Medical Malpractice Attorney
comments closed
I receive more questions about medical malpractice cases than any other type of case. Medical malpractice cases can be very emotional and confusing. Sometimes it is hard to differentiate between a poor outcome and medical malpractice. When a person has questions, he or she should consult a New York medical malpractice attorney for guidance.
What is New York’s Statute of Limitations for Medical Malpractice?
Potential clients often ask how long after medical treatment they can timely file a medical malpractice case. According to New York State Law, a person must file a medical malpractice lawsuit no later than two and a half years (30 months) from the act or omission named in the complaint or from the end of the continuous treatment during which the act or omission took place. There are cases with different timeframes. For example, claims against municipal hospitals or clinics face much shorter filing dates.
Examples of Medical Malpractice Cases
Let’s look at some examples. I had a client who sought treatment for obesity and his physician prescribed a short-term weight loss pill. That pill had potential damaging side effects that required careful monitoring of the patient’s condition and limited the duration a patient should have taken the medicine to no more than three months. In this case, the physician prescribed the drug for more than two years and failed to monitor the patient’s vital signs. Eventually, the patient developed respiratory failure and wound up in the hospital near death. We conducted a thorough investigation and determined that the physician committed malpractice. The initial malpractice began when the physician prescribed the diet drug for more than three months and failed to monitor the patient’s vital signs. However, the patient received continuous care from that physician for over two more years so the “clock” on the statute of limitations did not begin until after the continuous treatment ended.
Here is case that falls outside the statute of limitations. A client goes to a doctor complaining about an odd discoloration on his back. The doctor dismisses the patient’s concern as needless worrying. Three years later, the patient sees another doctor who looks at this growing discoloration and determines that it is a melanoma that has spread and now threatens the patient’s life. The second physician remarks that had the first doctor properly diagnosed the patient’s condition, the patient most likely would have avoided extensive surgery and the risk of death. The patient wants to sue the first doctor but cannot because that visit occurred more than two and a half years ago and the patient had not seen that doctor since. Unlike many other states, New York does not have a toll on the statute of limitations when the patient has no reason to know that malpractice has been committed.
Here is another example. A patient enters a nursing home in July of 2006 and the treating physician issues orders to accompany the patient to the bathroom or anytime she gets out of bed. During the first week, the patient requests assistance to go the bathroom, yet no one comes to assist her. She eventually gets up on her own, falls and breaks her hip. The nursing home transfers her to a hospital for treatment of the broken hip and the patient returns to the nursing home from the hospital. In January 2010, the patient’s daughter learns the circumstances of how her mother broke her hip and transfers the patient to another nursing home. The daughter wants her mother to sue but is worried since the incident took place nearly three and a half years earlier. Because the patient received continuous care from the nursing home, the clock on the statute of limitations did not start until January 2010 when the patient transferred to a new facility.
The Continuous Care Provision Only Applies to Medical Malpractice Cases
The continuous care protection only applies in medical malpractice cases. Consider a variation on the previous example. Suppose the patient was not under medical orders to receive an escort to the bathroom. The patient gets up in the middle of the night to go the bathroom and slips and falls on a puddle that the maintenance staff failed to clean. She breaks her hip. That injury would result from the negligence of the nursing home and not medical malpractice. The statute of limitations for negligence cases is three years so it would expire in July 2009. If the woman did not file a claim until January 2010, the case would be dismissed for falling outside the statute of limitations.
When in Doubt, Seek the Advice of a New York Medical Malpractice Attorney
As you can see, New York’s medical malpractice laws have many subtleties that can dramatically affect the ability to bring a medical malpractice lawsuit. If you have questions, you should consult an experienced New York Medical Malpractice attorney. That attorney can assist you in determining if your case involves medical malpractice and falls within the statute of limitations. If you want more information on medical malpractice law in New York, you can click here to visit my web site.
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.
I hope you found this information helpful. Please call or email me if you have comments, questions or would like assistance with a medical malpractice case.
Carol L. Schlitt
New York Medical Malpractice Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
