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Albany Legal Blog

How medical caseloads contribute to medical errors

If you have health concerns that lead you to a doctor for care and diagnosis, you need to be able to count on the quality of that care to relax and recover. When doctors make mistakes, the results do more than just set back your recovery time. They can also potentially make you sicker, leading to more medical expenses, lost income or even long-term effects that need ongoing treatment. When that happens, there are ways to get the compensation you need to afford those treatments, and an experienced attorney can usually help you access them. To know when to contact an attorney, though, you need to know when medical errors and malpractice have happened.

2 Dead in Listeria Outbreak Linked to NY Creamery

The U.S. Food and Drug Administration (FDA), Centers for Disease Control (CDC) and several state health and regulatory officials are investigating a multi-state outbreak of listeria linked to soft raw milk cheese manufactured by Vulto Creamery located in Watson, NY. Six cases of persons infected by the outbreak were confirmed in New York, Connecticut, Vermont and Florida. All six people were hospitalized, and two died. One infection was in a newborn.

False Claims Act Case Dismissed - Failure to Meet Pleading Standards

A federal judge dismissed a qui tam whistleblower case for failing to meet the stringent pleading standards under the False Claims Act.  The whistleblower, Ilya Eric Kolchinsky, the former managing director of Moody's Corp., claimed that the company sold deceptive credit rating products to the federal government, playing a role in the subprime mortgage crisis.

Alarm Trend: Increased Roadway Fatalities

Despite improved vehicle and roadway technologies, more people are dying on the nation's roadways. In the first half of 2016, there was a 10.4 percent increase in roadway fatalities from the same period from 2015. This trend is particularly alarming, given that traffic fatalities in 2015 rose by the largest percentage in 50 years. In 2015, 35,092 people died on the nation's roadways, according to the National Highway Traffic Safety Administration, an increase of 7.2 percent compared to 2014. The rise in fatalities came despite recent reports that found marked improvements in vehicle safety, including safety features such as electronic stability control and design improvements that make cars safer in front-end crashes.

Protect your elderly loved ones--know the signs of nursing home neglect

As healthcare technology improves and the human lifespan continues to grow, more and more people are finding they need nursing home care to manage their end-of-life health and living needs. This has caused an expansion in the industry, as more and more organizations step up to fill the gap. Unfortunately, this large demand and the nature of full-time care itself can sometimes work together to obscure signs that a nursing home is not following through with its obligation to provide medically consistent care.

DBE Fraud Enforcement - United States v. Perino

In recent years, DBE fraud enforcement actions involving Disadvantaged Business Enterprises, commonly known as "DBEs", have been highly prioritized by the Department of Justice and local prosecution offices.  DBE programs exist at the federal, state, and municipal levels and include minority-owned ("MBEs") and women-owned ("WBEs") businesses.  The aim of these programs is to allow economically disadvantaged individuals to competitively bid on government jobs and to prevent discrimination in the bid process.

Electronic Cigarette Explosions on the Rise

In recent years, millions have turned to the use of electronic cigarettes (e-cigarettes or vaping). However, individuals using e-cigarettes may be a risk tof serious injury from explosions while using e-cigarettes. In the past year alone, there have been numerous incidents of e-cigarettes exploding or setting fire, while in the mouths of users.

How some nursing homes abuse antipsychotic medication

If you have ever had to go through the process of moving a loved one to a nursing home, then you know how difficult it can be. Between the emotional reactions to the changes happening on all sides, the work it takes to find the right nursing home and the complicated medical questions that tend to accompany this transition, it can often be difficult to be sure that you are making the right choice. Since nursing home abuse and neglect is a widely known phenomenon, that pressure can feel very intense sometimes. It helps when you understand what to look for and how to protect your loved ones going into the future so you can make sure they are well cared for at all times.

False Claims Act Materiality Standard - Post-Escobar

The Supreme Court's decision in Universal Health Servs. v. United States ex rel. Escobar, 195 L.Ed.2d 348 (2016), has validated the implied certification theory under the False Claims Act, but also imposed heightened requirements for pleading materiality.

Worksite Safety - New York Labor Law

Laborers, construction workers and contractors are often at a high risk for accidents on-the-job. However, New York Labor Law and other applicable laws set forth standards for workplace safety. Failure by companies to adhere to these requirements can leave workers at risk of injury or death.

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