|March 20, 2019||What Should You Know About Wrongful Death in New York?||no comments|
|March 01, 2019||Are Dehydration and Malnutrition a Form of Nursing Home Neglect?||no comments|
|February 25, 2019||What You Should Know about Nursing Home Abuse in New York||no comments|
|February 15, 2019||Has Your Loved One Been the Victim of Nursing Home Neglect?||no comments|
|January 11, 2019||Assault Injuries and Premises Liability — Negligent Security, Muggings, Sexual Assault Long Island||no comments|
|December 11, 2018||RSD/CPRS Treatment: FDA Breakthrough Therapy||no comments|
|November 16, 2018||Bronx Hit and Run Accidents Result in Serious Injury and Death||no comments|
|November 16, 2018||Recent Hit and Run Accidents that Occurred in Queens, New York||no comments|
|October 09, 2018||Bedsores Due to Nursing Home Neglect – Frequently Asked Questions||no comments|
|September 25, 2018||How Would You Know Whether Your Newborn Suffered from Hypoxia and Asphyxia?||no comments|
What Legal Requirements Exist for a Wrongful Death Lawsuit?
Wrongful death is a legal term that indicates a party’s unlawful actions caused a death to occur. Obviously, not every death is a wrongful death. What makes a death wrongful in the eyes of New York State law?
What Elements Are Necessary for a NY Wrongful Death Lawsuit?
To bring a wrongful death case in New York, the following elements are necessary:
If a criminal action was brought against the same defendant with regards to the wrongful death, the personal representative has at least one year from the termination of the criminal action to file a wrongful death lawsuit even if the two year statute of limitations has expired or if there is less than a year remaining before the statue would expire.
At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to talk about wrongful death and determine whether grounds exist to pursue a lawsuit.
Dehydration and Malnutrition in New York Nursing Homes
Dehydration and malnutrition are one of the most common types of nursing home abuse.
What Is Dehydration?
Dehydration is rapid loss of body fluid, and according to the American Medical Association, a weight loss in excess of three percent of the individual’s body weight qualifies as rapid weight loss.
What Can Lead to Dehydration?
An individual may experience fluid weight loss as a result of the following:
What Are the Signs of Dehydration?
The most serious signs of dehydration include vomiting, trouble breathing and seizures. Anyone with symptoms like these should be given emergency treatment immediately because these symptoms can be life-threatening.
Other symptoms of dehydration include:
What Is Malnutrition?
When nursing home residents do not eat balanced meals or get enough food, they can become malnourished.
How Does Malnutrition Occur?
Dental problems may make it difficult for a resident to eat certain foods. Some elderly persons are unable to feed themselves. When staff shortages exist, those who cannot feed themselves may end up not eating.
In addition, when food is not properly stored or the home serves bland foods or unappetizing meals, residents may not want to eat. Spoiled, ruined or bland foods can result in malnutrition.
Depression can also be a reason that a nursing home resident is not eating well because depression often results in appetite loss. Medications can also cause for lack of appetite.
Reference: Nursing Home Abuse Center
When to Seek Legal Help
If you suspect that nursing home neglect has resulted in dehydration or malnutrition, and the situation is serious, seek legal help. An experienced attorney can investigate and evaluate whether nursing home abuse exists and help you take legal action.
At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss and evaluate the circumstances involved with your injury.
New York State Laws on Nursing Home Abuse
Nursing home abuse often occurs due to understaffing or occurs with nursing homes that hire individuals who are unqualified or inadequately trained. Underlying reasons can be that the nursing home is trying to cut financial corners instead of providing quality care.
In addition to nursing home abuse, elder abuse in general is also a widespread problem. According to the New York State website, estimates show that between 1 million to 2 million Americans who are age 65 or older have been subjected to elder abuse through injury, exploitation or mistreatment by someone. The frequency of elder abuse ranges between two and 10 percent based on surveys and the type of research conducted. Research also shows that for every one case of abuse that is reported, five other cases go unreported.
What Signs Should You Look Out for Regarding Nursing Home Abuse?
The New York State Bar Association lists the following as possible signs of elder abuse:
Medication errors are also a form of nursing home abuse. When staff are incompetent and dispense medication to the wrong resident, give the wrong dosage or provide the medication at the wrong time, it can harm the elderly person. Medicinal or physical restraints when used unreasonably can also be a form of abuse for the elderly.
Seek legal counsel as soon as possible if believe your loved one has been seriously injured as a result of nursing home abuse. At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss the injury and the prospects of taking legal action.
How Does Neglect Differ from Abuse?
Finding out whether your parent, relative or friend has been the victim of nursing home neglect is vital for their wellbeing. Sadly, many elderly people are in such a vulnerable state that they cannot attend to their own needs. Unfortunately, they are also in no shape to deal with nursing home staff that is neglecting them.
What Is Nursing Home Neglect?
The New York Justice Center defines neglect as “the failure to provide supervision, or adequate food, clothing, shelter, health care; or access to an educational entitlement.”
Elder neglect is typically a more subtle behavior than abuse. With abuse, you envision an elderly person being shoved, pushed, physically struck or verbally abused or financially exploited. Neglect is an omission rather than a commission.
Nursing Home Neglect Examples
The failure to provide an elderly person with timely medical care is a prime example and one of the most egregious forms of neglect. In some instances, this can even be life threatening. An example would be an elderly person who experiences a stroke and cannot get out of bed. This occurs in the morning but the nursing home staff does not discover the person until dinnertime. Even then, they wait until the next day for a doctor to examine the individual. This would be gross neglect.
Other examples include failing to provide regular care such as the following:
An understaffed nursing home may neglect its residents for the sole reason that staff are stretched too thin to offer proper and regular care.
If your loved one appears to be the victim of nursing home neglect, find out about their legal rights. At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss nursing home neglect and whether grounds exist for pursuing a lawsuit.
Is a Property Owner Liable for Your Assault Injuries?
Negligent security is a category of law that falls under premises liability. It refers to the property owner’s negligence in maintaining secure grounds.
When violent acts or crimes harm someone on an owner’s property, there may be a legal basis for a lawsuit against the property owner. In these types of cases, the civil lawsuit would hold the property owner accountable for damages resulting from the negligent security.
What Are Examples of Negligent Security?
Many property owners take security measures to prevent criminal assaults from occurring on their grounds. A lack of security measures may in some cases establish grounds of negligence. Security measures frequently include:
What Types of Establishments Must Take Security Precautions?
Lack of security in the following types of facilities can make the property owner and their agent liable for criminal assaults:
What Should You Do If Assaulted?
Sackstein Sackstein & Lee, LLP has experience handling this type of case. We offer a free consultation to evaluate your circumstances and whether grounds exist for pursuing legal action.
Progress Being Made in RSD/CPRS Treatment
In many cases, CPRS has been difficult to treat. Hearing that the FDA has deemed a drug a “breakthrough therapy” for CPRS treatment is encouraging.
RSC (Reflex Sympathetic Dystrophy) is an older name for the condition that today is called CRPS, which stands for Complex Regional Pain Syndrome. CPRS impairs the sympathetic nervous system and results in continuous, severe pain that goes beyond what is normal for the initial injury. This syndrome causes inflammation and produces symptoms in the skin, nerves, blood vessels and bones. It can also lead to short-term memory loss, spasms and various other symptoms.
While doctors do not know what causes CRPS, they do know it can manifest after an injury or surgery.
What Treatment Is Available for CPRS?
In 2016, the FDA categorized a CPRS treatment drug that was in clinical trial stages as a “breakthrough therapy.” The name of the drug is neridronic acid. Amiogen Pharma, which is an Italian drug manufacturer, discovered it. It is developing the drug jointly with Grünenthal, a German pharmaceutical company.
According to the Pain News Network, the FDA gave the drug a “Breakthrough Therapy” designation as a result of its Phase II clinical trial results. Treating CPRS patients with neridronic acid significantly reduced the pain and symptoms of CRPS.
Currently, there are no FDA approved treatments for CPRS. However, the FDA gave this drug both fast track and orphan drug designations. An orphan drug is a pharmaceutical drug being developed to treat a rare medical condition. Orphan disease is the term for a rare medical condition. The drug is currently in the Phase III trial stage. Once approved for the market, the Phase IV research trial begins where researchers evaluate long-term effects.
Individuals who meet the neridronic clinical trial requirements can participate in the clinical trial and receive treatments.
Are You or a Loved One a Victim of CPRS?
If medical malpractice was related to your CPRS condition, you may have recourse to recover compensation for injury. Compensation can help you offset the costly medical expenses involved with treating your condition.
At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss CPRS and legal action to protect your rights.
Hit and run Accidents Are Common in the Bronx
In September of 2018, major media networks reported three fatal hit-and-run accidents in the Bronx:
A hit and run accident is an accident where a driver involved in the collision knowingly fails to stop and provide information: name, driver’s license number, etc. to the injured party, a witness or law enforcement officers or if unable to stop fails to report the accident to authorities as soon as possible.
Under New York law it is illegal to leave the scene of an accident where serious injury or death has occurred.
In many instances, the driver fleeing an accident scene is also at fault for causing the accident.
At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss serious injury or death of a loved one in hit and run accidents.
Why Hit and Run Accidents Can Be So Devastating
A hit and run accident leaves the injured victim abandoned at the scene of the accident. While any serious car accident is a traumatic experience, being left without anyone to render assistance can make you feel helpless. In many cases, severely injured victims are unconscious and unable to move their cars or otherwise get off the road. The inability to move to a safe location can leave them open to further injury. Vehicles, pedestrians or bicyclists who are left vulnerable are often subject to further impact by other cars.
Traumatic Hit and Run Accidents that Occurred in Queens over the Past Few Months
Unfortunately, a number of hit and run accidents occur in Queens every year and are reported by the media. Several recent hit and run accidents in Queens include:
If you or a loved one has been injured or a loved one has died as a result of a hit and run accident, seek legal counsel as soon as possible. At Sackstein Sackstein & Lee, LLP , we offer a free initial consultation to discuss the injury and legal options that are available.
What Systems Should Hospital Staff Follow to Monitor Medical Conditions?
Monitoring a medical condition in a patient requires following set medical standards and guidelines that have been established to ensure that treatment is working and that a patient is recovering.
Medical schools at universities and hospitals that oversee surgery and treatment devise policies and protocols to prevent medical conditions from worsening or from occurring in the first place.
Study Reveals Failure to Monitor Infection and Ventilator Use
Columbia University conducted research that was published in the American Journal of Infection Control. The study reviewed infection control efforts at U.S. hospitals and was the most comprehensive study done in 30 years.
Infection control efforts are a specific type of patient monitoring. The study found that even intensive care units were lax in complying with policies. This was particularly shocking since ICUs are more prone to monitoring the devices they use than other areas of hospitals. Use of central lines, urinary catheters and ventilators is common in ICUs.
Best practices for preventing infections includes using checklists that help medical staff prevent bloodstream infections and avoid pneumonia in ventilator patients.
Note: Improperly inserted, utilized and maintained catheters can transmit deadly infections to the bloodstream.
Note: One straightforward and easily monitored item on a ventilator checklist is keeping patients elevated in bed, with the head higher than the feet. This one simple method can help prevent pneumonia.
The study found:
If you suspect that a failure to monitor a patient’s medical condition resulted in serious harm or death, consult with an experienced attorney. At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss concerns about medical malpractice.
Symptoms of Birth Hypoxia or Asphyxia that Parents Should Be Aware of
Birth hypoxia and asphyxia both refer to lack of oxygen to the brain in a fetus. This can occur right before, during or immediately after birth.
Seattle Children’s Research Foundation explains that a baby’s cells do not function properly when deprived of oxygen and nutrients. Oxygen deprivation can result in waste products building up in the cells, which causes damage.
What Factors Determine the Degree of Harm?
Factors that determine the extent of harm include:
When hypoxia or asphyxia is mild, babies can fully recover. When it is severe, a baby may suffer from permanent injury, affecting the baby’s brain, heart, lungs, kidneys, bowels or other organs.
What Can Cause Asphyxia or Hypoxia?
The following can result in these medical conditions:
What You Should Look for
When suffering from asphyxia or hypoxia, a baby could be manifesting the following symptoms:
If you suspect that medical malpractice might have been a factor in your child’s care, consult with an experienced medical malpractice attorney. At Sackstein Sackstein & Lee, LLP , we offer a free initial consultation to discuss your concerns.