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Proving a Nursing Home Complaint

Injuries sustained at nursing homes are a major problem. According to statistics, 25% of nursing homes in the United States are cited for causing serious injury or death every year. At least 5,000 deaths every year are caused by negligence and injuries in nursing homes.

FAQs about Nursing Home Abuse

More than 3.2 million adults in the United States live in nursing homes and other long-term care facilities. Up to 40% of all adults will go to a nursing home at some point in their lives and as the population of the country ages, the number of nursing home residents is expected to increase.

Diagnosing Meckel's diverticulum

Some New York residents may suffer from a condition known as Meckel's diverticulum. This occurs when a small sac develops in the intestinal wall where it may obstruct the intestines. Symptoms include vomiting, pain, abdominal cramps and possibly bleeding, but it can be difficult to diagnose because these are the symptoms of many other conditions as well. It is sometimes misdiagnosed as appendicitis and discovered when surgery is being done for appendicitis.

There are a number of medical tests that can be done to detect the condition. For patients who have vomiting and signs of blockage, a barium enema may be given to assist the visualization of organs in an X-ray and detect the abnormality. A technetium scan, also known as Meckel's scan, involves using an IV to put technetium into the blood so that the stomach will absorb it and make it possible to view the Meckel's diverticulum with an X-ray.

The discovery of harm rule and medical malpractice

Most legal claims are subject to a statute of limitations. These limitations define the amount of time a person has to file a legal claim after the event has taken place. Once the time limit specified in the statute of limitations has passed, an individual may very possibly have their claim dismissed. However, some states have enacted what is known as a "discovery of harm" rule.

The discovery of harm rule

According to the law of the state of New York, a patient has two years and six months to file a lawsuit for medical malpractice. However, the effects caused by medical malpractice can take time to become noticeable. As such, it is very possible that the deadline for filing a lawsuit may have passed when the symptoms of medical malpractice show. It is because of issues like this that the discovery rule has the potential to be so important.

Medical Malpractice Related to Internal Organ Damage and Bleeding

Medical malpractice is one of the leading causes of death in the US. For inpatient incidents, 34% of medical malpractice claims consist of surgery errors. When it comes to outpatient side, 46% of all medical malpractice claims are made up of errors in diagnosis.

Most Common Types of Medical Malpractice Claims

As per a report issued by Journal of the American Medical Association, medical negligence is said to be the third leading cause of untimely deaths in the United States, right behind heart disease and cancer. Additionally, according to the 2016 medical malpractice payout analysis by Diederich Healthcare, malpractice payouts increased for the third year in a row in 2015. Payouts across the US totaled $3.95 million, which is an increase of 1.68% from 2014.

Study looks at medication errors in nursing homes

Adults that reside in New York nursing homes rely on health care providers for all of their basic needs. Given their living situation and health status, nursing home residents are particularly vulnerable to medical errors including medication mistakes. A study published in the Journal of the American Geriatrics Society analyzed the impact of medication errors on nursing home residents.

A team of researchers from Monash University in Australia conducted the study by reviewing 11 different studies published between 2000 and 2015. The researchers looked at the prevalence of all medication errors as well as specific types of medication errors. According to the study, between 16 and 27 percent of the nursing home residents were affected by medication errors while 13 to 31 percent of the nursing home residents were affected by transfer-related medication errors. Seventy-five percent of the nursing home residents had been prescribed a potentially inappropriate medication at least once.

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Robert H. Wolff Named President
Firm Attorney, Robert H. Wolff is now the president of the New York City Bronx County Bar Association
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