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The attorneys at Gallivan & Gallivan provide effective, aggressive representation to individuals injured in the New York area. Our priority is to maximize the recovery of our clients injured due to the neglect of others.

The new documentary “Bleed Out” provides an infuriating first-hand account of a routine surgery that went horribly wrong and changed a woman’s life. The documentary, which was released on HBO this month, dives into the third most common killer of Americans – preventable medical errors. According to a study released by Johns Hopkins University, medical errors kill 250,000 Americans each year.

The harrowing documentary follows Judie Burrows, who went in for a routine hip replacement surgery almost a decade ago and is now unable to speak, broke, and suicidal. According to her son, Steve Burrows, comedian and documentarian, his mother fell down in November 2009 and broke her hip. After spending eight days in a Wisconsin hospital without any plan of care, the hospital finally performed X-rays and rushed the woman into heart surgery. Unfortunately, the doctors in charge of caring for Judie did not consider her daily blood-thinner medication and the patient ended up losing half of her blood during the surgery.

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New York lawmakers are revisiting the state’s century-old scaffolding law that requires construction companies to cover the full cost of all workplace injuries. According to The New York Daily News, the recent conversation about reforming New York’s construction safety laws comes at the behest of the Trump administration and the construction industry, which are looking for ways to reduce the price of construction projects in New York. As the only state in the country with the so-called “Scaffolding Law,” critics of the law say it increases the cost of construction and believe the time to reform the laws and join the rest of the country have arrived.

According to the construction industry owners, the scaffolding law significantly increases the cost of constructing a building in the state. In some circumstances, the law pushes costs so high that entire construction projects are canceled. As evidence of these claims, critics of the law point to a 2013 study from SUNY Rockefeller Institute which determined the law costs private businesses approximately $1.5 billion and taxpayers almost $800 million for public projects each year. The Trump administration told Gov. Cuomo in a recent meeting that the law would make the Gateway Project, a vital infrastructure project in the Northeast, almost $300 million more expensive. With the citywide building boom driving up wages for construction workers coupled with the increased price of construction materials caused by President Trump’s tariffs, the federal government is looking for ways to lower the price of the Gateway Project. Continue reading

A Brooklyn jury returned a $15 million verdict in a lawsuit against a Brooklyn hospital after the patient’s doctor at the hospital failed to diagnose glaucoma on several different occasions, according to the Associated Press.  After complaining of blurred vision and pressure around her eyes, both symptoms of the degenerative disease, Amanda Velasquez set up an appointment with her obstetrician. Dr. Reginald Ruiz, at Woodhull Medical Center. Dr. Ruiz told Velasquez, who was seven months pregnant at the time of the appointment, that her eye problems were related to her pregnancy and she should not be concerned.

With her vision continuing to decline, Velasquez complained about her vision and the pressure around her eyes at six different appointments with Dr. Ruiz over the following two months. According to her testimony before the New York Supreme Court, the lowest court in the state, Velasquez knew something was seriously wrong after she gave birth and could not see the child on her lap. She immediately made an appointment at New York Eye and Ear Infirmary, where she was diagnosed with glaucoma. By the time Velasquez could undergo surgery, she was already 90 percent blind and the damage to her vision was irreversible.

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Doctors accused of medical malpractice or other unprofessional conduct in another state may still be able to practice in New York State. In a report analyzing 250 doctors accused of professional misconduct, USA Today found that doctors accused of running pill mills, were found liable for medical malpractice, and engaging in inappropriate relationships with their patients, are still practicing medicine – just in a different state. In most states, including New York, a doctor who voluntarily surrenders his license in a different state is not automatically disqualified from practicing medicine.

Unlike most states, however, New York even allows some doctors with felony convictions to practice medicine. Under New York’s licensing scheme for doctors, a medical board is allowed to approve or deny a doctor’s license to practice medicine in the state based on their own criteria. In circumstances where a doctor voluntarily relinquishes his or her license in another state, there is rarely a “paper trail” describing any misconduct. According to LoHud.com, some states do not track allegations of misconduct against doctors and other states do not make the information available to licensing boards in other states. This haphazard system undoubtedly endangers these doctor’s patients.

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Continuing the state’s decade-long decline, New York ranked a dismal 48th in overall patient safety. The rankings, which are released twice each year by the non-profit organization Leapfrog Group, compile data from hospitals across the country and measure the rate of medical errors, infections and injuries, and patient satisfaction, to determine each hospital’s ranking. Since Leapfrog Group began ranking patient safety in 2012, New York has fallen from 40th worst state in the country to 48th.  In the tri-state area, Connecticut also ranks low for patient safety while New Jersey ranks among the best states in the country.

According to Leapfrog, the worst hospitals in the state are located in New York City and upstate. In fact, five of the 20 hospitals across the country that received an “F” from Leapfrog are located in the five boroughs. In the Hudson Valley, the hospital results were mixed. Here are Leapfrog’s patient safety ratings for the local-area hospitals:

A

The rate of bedsores, or pressure injuries, declined 23 percent between 2010 and 2014. However, the decline in bedsores across the country is mostly caused by a reduction in early-stage sores, according to a new report by Health Affairs. According to the study, early-stage bedsores comprised 96 percent of the nationwide reduction in bedsore rates. The rate of late-stage bedsores, which are more harmful and expensive, has mostly remained constant over the past decade, according to the published research.

Bedsores are one of the most common and preventable medical errors occurring in hospitals across the country. Bedsores, also called pressure injuries or pressure sores, can be excruciatingly painful and may not heal for months or years. In many cases, this preventable medical error does not heal – an estimated 60,000 Americans die each year from bedsores, according to Health Affairs. For these reasons, federal and state governments across the country have cracked down on hospitals and nursing homes with high rates of pressure ulcers. Beginning in 2008, Medicare began paying less to hospitals with high rates of hospital-acquired pressure ulcers. States across the country have also heightened enforcement by tracking the rates of pressure ulcers at hospitals across the state and imposing various penalties for hospitals with above-average rates of pressure ulcers.

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Concerned over the growing rate of construction accidents, Mayor de Blasio and City Hall passed a new set of safety regulations on the construction industry last year. However, according to a news report this law is being ignored by the construction industry. As the rate of accidents and deaths in the construction industry reach a record high this year, safety advocates hope that the government steps up enforcement of the law or pursues further legislation to protect construction workers.

Under the safety legislation passed by the city, construction workers must undergo additional training – a 10-hour class should have been completed by March 1 of this year, with an additional 30-hours of safety training required by December 1. Upon completion of the training, construction workers will receive a “Site Safety Training” card that must be brought with them to their construction site each day. However, despite the city’s noble efforts to address a real problem in New York, injuries and deaths in the construction industry have only grown this year.

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As America blazes its path towards marijuana legalization, federal agencies and traffic safety experts are worried that the full ramifications of legalizing the once-illicit drug remain unknown. The latest smoke signal that states should study the matter further came out last week when the federal government reported a 6 percent increase in highway crashes across states that legalized the drug. The previous study, which focused on the first three states to legalize the drug for recreational purposes, found a 5.2 percent increase in highway crashes.

Unlike alcohol, where a breathalyzer can easily and objectively determine whether a person is too intoxicated to drive, the push for an objective sobriety measurement for cannabis remains elusive. Currently, the police are able to perform a blood test and locate THC in the blood of the driver, however, because THC can stay in a person’s system for days or even weeks, the test lacks the ability to measure whether the driver was intoxicated while behind the wheel.

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A Texan surgeon is going to spend the rest of his life in prison because of his horrific incompetence on the operating table. The almost unbelievable case follows Doctor Christopher Duntsch who managed to maim 32 of his patients. Nicknamed by local newspapers as “Dr. Death,” the criminal conviction shows how a broken system allowed a deranged, drug-addled, and incompetent doctor to harm so many of his patients.

After studying medicine at the University of Tennessee Health Science Center, Duntsch moved to Dallas where he worked at Minimally Invasive Spine Institute, a $600,000-a-year job that only lasted a couple weeks. After leaving the institute, the deranged doctor moved to Baylor Regional Medical Center in Plano. Less than a year into his stint at the prestigious hospital, colleagues begin to describe surgeries gone horrifically wrong. Concerned about excessive blood loss, one surgeon told The Dallas Morning News that he grabbed  Duntsch’s medical instruments to stop him from operating. Another doctor described one surgery as “pathetic on what should have been a fairly easy case.”

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New York charged five doctors for prescribing millions of unnecessary opiates to their patients. State prosecutors describe doctors who led their patients down the dark path of addiction, and in some cases even death, solely for personal profit. The criminal complaint against the five doctors, which lists several other co-conspirators, including a White Plains pharmacist, is part of a string of lawsuits meant to hold reckless doctors, pharmacies, and pharmaceutical companies responsible for the opioid epidemic that seems to only grow worse each year.

According to New York prosecutors, these five doctors’ malpractice was so brazen that addicts from across the Northeast came to their clinics. Carl Anderson, one of the indicted doctors, ran a pill mill in Staten Island with “lines at all hours of the night,” according to The New York Times. Many of the doctor’s patients died from overdoses, including two of Anderson’s employees. According to the indictment, the crooked doctor received millions of dollars for the oxycodone prescriptions he carelessly wrote to his patients. Another doctor, Dante Cubangbang, ran a pill mill in Queens that wrote an astounding 3.3 million opiate prescriptions over a three-year period, the highest in New York State. A Manhattan psychiatrist prescribed 600,000 oxycodone pills to just 200 patients, warning them not to fill their prescriptions at chain pharmacies to avoid scrutiny.

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