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Archive for January 2012

Errors in Using Medical Alarms

Errors in Using Medical Alarms

Errors in Using Medical Alarms   An FDA article in the journal Nursing2009 describes problems that can arise with the use alarms on patient monitoring equipment. From 2005 through 2008, FDA received 566 reports of patient deaths related to the alarms on monitoring devices. Part of the […]

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Medical Errors – Misreading Letters and Numbers

Medical Errors – Misreading Letters and Numbers

Medical Errors – Misreading Letters and Numbers An article by the Institute for Safe Medication Practices (ISMP) reminds healthcare practitioners how dangerous it can be to misread the letters and numbers on prescriptions, drug orders and medical records. Unfortunately, these mistakes are easy to make because some […]

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New York General Obligations Law § 5-335

New York General Obligations Law § 5-335

New York General Obligations Law § 5-335 Limitation of Non-statutory Reimbursement and Subrogation Claims The General Obligations Law now prohibits health insurers and other benefit providers from seeking reimbursement from the proceeds of any settlement of personal injury, medical malpractice or wrongful death actions for medical services […]

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HIPAA – Patient’s Access to Medical Records

HIPAA – Patient’s Access to Medical Records

HIPAA – Patient’s Access to Medical Records Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), a patient has a right to obtain a copy of his or her medical records. Certain exceptions apply where access to such medical records may endanger the health or […]

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Medicare and Medicaid – The Right to Reimbursement

Medicare and Medicaid – The Right to Reimbursement

Medicare and Medicaid – The Right to Reimbursement Medicare and Medicaid have subrogation rights and a “right to reimbursement” when a person that has received Medicare or Medicaid benefits recovers an award from a personal injury action. There are many theories and ideas floating around that suggest […]

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Snow and Ice upon City Sidewalks

Snow and Ice upon City Sidewalks

Snow and Ice upon City Sidewalks When is the City of New York City responsible for slip and fall accidents involving snow and ice? Snow and ice upon a sidewalk can create an dangerous slipping condition. Slip and fall accidents can result in serious injuries including fracture […]

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Personal Injury Settlements and Child Support Judgments

Personal Injury Settlements and Child Support Judgments

Personal Injury Settlements and Child Support Judgments New Jersey Claims What happens when you receive a settlement offer for a personal injury claim but are a judgment debtor for child support within the State of New Jersey? New Jersey Statute N.J.S.A 2A:17-56.23b(1)(a) provides that a judgment for […]

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Injury During Laparoscopic Gallbladder Surgery

Injury During Laparoscopic Gallbladder Surgery

Injury During Laparoscopic Gallbladder Surgical An injury during a laparoscopic gallbladder surgery can occur. Understanding Gallstones The gallbladder (or cholecyst or gall bladder) is a pear-shaped organ located in the right upper abdomen below the liver.1 The gallbladder aids in the digestive process storing bile that is […]

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Large Truck Accidents

Large Truck Accidents

Large Truck Accidents Trucks on our Roads and Highways Wherever you live in New York City (NYC), the Bronx, Brooklyn, Manhattan, Queens, or Staten Island, or whether you live in Essex, Hudson, or Bergen Counties in New Jersey, and whether you are traveling upon the Long Island […]

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Actions to be Submitted to Arbitration

Actions to be Submitted to Arbitration

Actions to be Submitted to Arbitration 39:6A-25 – NJ Car Accident Actions to be Submitted to Arbitration In New Jersey, where the amount in controversy for the recovery of noneconomic loss sustained in an automobile is less then $15,000.00, the action will be submitted to arbitration. The […]

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