by lrinjuryNursing Home Abuse – Your Rights
The state of New York is very much aware of the poor conditions in which many nursing home patients find themselves. Therefore they have tightened the rules for nursing home abuse in the state of New York. Understanding your loved one’s rights as a nursing home patient is the first step to protecting him or her from nursing home abuse.
IN NEW YORK THE ELDERLY HAVE SEVERAL RIGHTS TO ETHICAL TREATMENT IN NURSING HOMES
According to the New York State Department of Health patients in a nursing home have several rights that protect them in the case of nursing home abuse. If any of these rights are breached, the patient and their families have the right to file a complaint. These rights include:
• You have the right to a comfortable living environment where you can live with dignity and respect.
• You have the right to quality care without any form of discrimination.
• You have the right to make your own decisions about your medical and personal care.
• You have the right to protect your own money and personal property.
• You have the right to protected admission, transfer, and discharge in nursing facilities.
• You have the right to private communications with your doctors, friends, and family.
• You have the right to participate in activities that you choose within the organization.
• You have the right to access a complaint procedure within the facility.
• You have the right to exercise those rights without fear of punishment
THE NEW YORK STATE DEPARTMENT OF HEALTH SURVEILLANCE PROGRAM
The New York State Department of Health takes nursing home abuse very seriously. If a complaint is made regarding a nursing home abuse incident, the Department conducts a surveillance of the specific nursing home to investigate whether proper care is given at the nursing home in question.
If you suspect that your family member is a victim of nursing home abuse you can contact the experienced and knowledgable attorneys at Linden Law for a no-obligation free consultation at 212-804-8440. If your family member’s rights as a nursing home patient have been infringed, you have every right to take legal action.
by lrinjuryNursing Home Abuse – How To Tell
Abuse can often times be an ambiguous type of situation. There is no doubt that the elderly is vulnerable and at the mercy of their caregivers. However, there are ways that you can prove that your loved one is a victim of nursing home abuse or is residing in a nursing home where abuse takes place. An additional problem is that different states in the US have different definitions of what constitutes nursing home abuse. Nursing home inhabitants in New York have favorable rights for nursing home abuse victims, but unfortunately negligence in nursing homes is still a big problem in New York City.
Google reviews of nursing homes
Google Reviews may not be the obvious place to look for evidence that nursing home abuse takes place at the nursing home where your family member stays. Yet, studies have found that if a large enough number of reviews exist for the nursing home, Google Reviews is actually a pretty good predictor of whether abuse takes place or not.
Physical signs of nursing home abuse
When you visit your family member and find that he or she suffers from bedsores that have not previously been present, your family member is most likely a victim of nursing home abuse. You should also look out for other injuries such as bruises and skin tears which are signs of nursing home care negligence. Perhaps the most disturbing of all nursing home abuse is mental abuse. If your family member has a sudden change in personality such as being withdrawn or depressed, it is likely that the nursing staff has subjected your family member to mental abuse.
Removing your family member from a nursing home
If you suspect that your family member may be abused in a nursing home, it is critical to get the authorities involved.
If one patient is neglected it is possible that there are other patients that are neglected as well.
If you or your loved one has been a victim of nursing home abuse, you should call the experienced and knowledgable Nursing Home Abuse Lawyers at Linden Law at (212) 804- 8440 for a no-obligation free consultation.
by lrinjury10 Interesting Facts About Taxi Accidents
Yellow Taxi Cabs are synonymous with New York City. Hailing a cab shouting “Taxi!” is the universal sign that you are now in the Big Apple. However, taking a cab ride can be hazardous as quite a few taxi accidents are reported daily in New York City. Here are 10 interesting facts that we have curated about taxi accidents in New York:
- On average, 10 taxi accidents are reported each day.
- In 70% of those accidents, someone ends up getting hurt.
- Taxi companies arrange for a maximum of $100 000 per person for injuries due to a taxi accident and a maximum of $300 000 for all passengers combined.
- Taxi drivers’ income is directly related to their crash incidents. The higher their income, the less likely the driver is to make a taxi accident. The reverse is also true.
- Taxi passengers are more likely to be injured in a taxi crash than passengers in a normal car crash. This is partly because only 38% of taxi passengers wear seat belts compared to 90% seat-belt wearing passengers in private cars.
- Taxi drivers who own their own cars are less likely to be involved in a taxi accident than taxi drivers who lease their cars.
- One in every five car accidents in New York City was a taxi accident.
- Taxis are only involved in 16% of pedestrian crashes that lead to death or serious injury.
- The New York City Taxicab Fact Book doesn’t contain any stats on taxi accidents. Hmm…
- In 2014, the Upper East Side was the number one spot for taxi accidents with a whopping 2056 accidents occurring between March 2014 and April 2015.
If you have been involved in a taxi accident in New York City and suffered an injury you should call the New York Car Accident Lawyers at Linden Law at (212)-804-8440 for a no-obligation free consultation. We will be able to give you expert advice on your personal injury claim.
by lrinjurySlippery Statistics
Slip and fall personal injury cases are very familiar to our practice. Recently, statistical data was released by the Arbill workplace safety services provider and the National Floor Safety Institute (NFSI) in regards to slip and fall accidents. In fact, around 1.8 million Americans suffer injuries from slips, trips, and falls per year, most of which are citizens over the age of 65 years of age. It is estimated that costs due to slips, trips, and falls amounts to $70 Billion per year including both compensation and medical costs.
Injuries
Slips, trips, and falls are the most common cause of traumatic brain injuries, accounting for about 46% of fatal falls under older Americans. Fractures are one of the most common serious injuries that can result from falling, especially hip fractures.
Deaths
15% of all accidental deaths are caused by slips trips and falls, and these are second only to motor vehicle accidents. About 19,500 deaths occur annually due to accidental falls. About 5% of workplace fatalities for women and 11% for men are due to falls. Nearly 50% of accidental deaths in the home are caused by a fall from ground level.
Hospitalization
A whopping 8 million hospital visits per year are due to falls. This is about 21% of all visits and the number one cause of hospital visits per year. Slip and falls account for 12% of these or 1 million hospital visits.
Workplace injuries
Slips, trips, and falls are the second highest cause of disabilities due to workplace injuries. What’s more, it’s the primary cause of days of work and more than 20% of slips, trips, and fall incidents lead to more than 31 days off work. This type of personal injury accounts for between 12 and 15% of workers’ compensations costs. Slips, trips, and falls are a common cause of personal injury and can amount to considerable physical damage and costs. If you have suffered an injury due to a slip, trip, or fall, you should contact the Slip and Fall New York City Personal Injury Attorneys at Linden Law at (212) 804-8440 for a no-obligation free consultation.
by lrinjuryCan You Sue Your Anesthesiologist?
Having to undergo surgery under anesthesia is a scary business and waking up in the middle of a surgery is high on many people’s list of terrors. Anesthesia temporarily paralyzes you so that doctors can perform the surgery without you thrashing about. It also lowers your level of cognition so that you will be unaware of what is being done during the operation. In addition, it causes amnesia so that you don’t remember what happened during surgery. But what happens when the anesthesiologist makes a mistake and you end up waking up during surgery, unable to tell the doctors due to anesthesia-induced paralysis?
Prevalence of patients waking up during surgery
A study showed that 1-2 in 1000 patients regained consciousness during surgery and it is estimated to happen to roughly 3000 American patients per year. Waking up during an operation can occur if the patient is unresponsive to the anesthetic or if too little anesthetic is provided. There are strict protocols that doctors have to follow and if these protocols are breached and cause harm to the patient, the doctor is liable for medical malpractice.
Negative effects of malpractice by anesthesiologists
Patients that regain consciousness during surgery may not remember their experience, due to the amnesia caused by the anesthetics. However, those that do remember may suffer long-term psychological effects such as post-traumatic stress disorder, sleeping disorders, and, panic and anxiety disorders. If the mistake that the anesthesiologist made results in long-term harm to the patient, the patient has every right to file a legal complaint which should be done as soon as possible.
Cognizance during anesthesia is controversial and it is important to understand your rights as a patient. If you think that you may be a victim of a medical malpractice by an anesthesiologist, contact the New York Medical Malpractice Attorneys at Linden Law at (212) 804-8440 for a no- obligation free consultation.