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We hope that together we can make National Family Caregiver’s Month meaningful and rewarding for all involved. Please share information about how you will be celebrating and/or advocating for National Family Caregiver’s Month; we would like to highlight your celebrations on our website and . If you have questions, please email us at:�� contact@yournyadvocate.com.

*NAC & AARP, Caregiving in the U.S. 2020

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Residents’ Rights Month originated as Residents’ Rights Week in 1981 at a Consumer Voice annual meeting. Several nursing home residents in attendance from across the U.S. decided it would be special for all residents if time were set aside to celebrate residents and their rights, separate from annual National Nursing ����vlog Week events always held in May. In 2011, Residents’ Rights Week was expanded to Residents’ Rights Month.

We hope that together we can make Residents’ Rights Month meaningful for all involved. Please share information about how you will be celebrating Residents’ Rights Month; we would like to highlight your celebrations on our website and . If you have questions, please email us at: contact@yournyadvocate.com.

��*formerly NCCNHR

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This year’s Residents’ Rights Month theme –��Amplify Our Voices��– emphasizes a community of long-term care residents coming together to make their voices heard. For residents, amplifying your voice means being outspoken about your preferences and choices, and sharing who you are and your experiences.

“Residents’ voices are the most important at the decision-making table. This year’s Residents’ Rights Month theme reminds residents – your story deserves to be told!” said Lori Smetanka, Executive Director of Consumer Voice.

The Nursing ����vlog Reform Law, passed in 1987, guarantees nursing home residents their individual rights, including but not limited to: individualized care, respect, dignity, the right to visitation, the right to privacy, the right to complain, and the right to make independent choices. Residents who have made their home in other types of facilities such as assisted living residences and adult homes also maintain their rights as U.S. Citizens. Residents’ Rights Month raises awareness about these rights and pays tribute to the unique contributions of long-term residents.

Contact us at��(212) 880-6496���ǰ���message us��today for a free consultation.

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��is a professional organization comprised of premier trial lawyers from across the country who have demonstrated exceptional qualifications in criminal defense or civil plaintiff law. The National Trial Lawyers provides accreditation to these distinguished attorneys and provides essential legal news, information, and continuing education to trial lawyers across the United States.

With the selection of������vlog��by The National Trial Lawyers: Top 100, Attorney��Truhowsky has shown that she exemplifies superior qualifications, leadership skills, and results as a trial lawyer. The selection process for this elite honor is based on a multi-phase process that includes peer nominations combined with third-party research. As The National Trial Lawyers: Top 100 is an essential source of networking and information for trial attorneys throughout the nation, the final result of the selection process is a credible and comprehensive list of the most outstanding trial lawyers chosen to represent their state or region.

Attorney Truhowsky��aims at��securing the maximum compensation possible for her clients, especially��the elderly��who have suffered from��nursing home neglect and abuse.

Contact us at��(212) 880-6496���ǰ���message us��today for a free consultation.

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A recent����has shown that an estimated 12 million US adults are misdiagnosed in outpatient centers annually. Since approximately 80.5% of the adult population seeks treatment in one of these facilities annually, researchers have formally classified diagnostic error as a “substantial patient safety risk” for patients receiving treatment in outpatient centers. The study also reports that half of these outpatient errors could lead to severe harm.

Furthermore, the study indicates that medical professionals are largely aware of their misdiagnoses, as 54% of pediatricians surveyed reported making a diagnostic error at least once or twice a month. The commonality of misdiagnosis is staggering and not only can lead to extensive medical complications but higher treatment costs in the long run.

Schedule your��free consultation online��or give our experienced medical malpractice attorneys��a call at��(212) 880-6496���ٴǻ岹��.

The Cost of Seeking a Second Opinion

A second study published in the����also warranted a cause for concern. Nearly 88% of patients who sought a second opinion had a refined or completely changed diagnosis.

In the 21% of patients who had a completely changed diagnosis, diagnostic costs were significantly higher than those with a correct or refined diagnosis. The cost factor highlights one of the key reasons why having a correct diagnosis is so crucial.

It is not uncommon that when recommended additional, costly treatments following a second diagnosis an individual is deterred from getting the help they need. Delayed or excessive treatment due to a diagnostic error could be the difference between effective healing and unwanted complications down the line.

What Are the Most Common Misdiagnoses?

According to researchers at��, the most commonly misdiagnosed conditions can be broken down into three umbrella categories: infections, vascular events, and cancers. About����belong to one of these three classifications, also known as the “Big Three.”

Within these distinctions, here are the most frequently occurring misdiagnoses, respectively:

• Sepsis
• Stroke
• Lung Cancer

�����Գ����ܻ��:

• Lyme disease
• Lupus
• Multiple sclerosis
• Breast cancer
• And heart attacks

These conditions can all vary in severity, including the risk of life-threatening conditions if left undiagnosed and untreated.

How Our New York Medical Malpractice Attorneys Can Help You

Being diagnosed with a serious medical condition should never be a guessing game, and receiving an improper diagnosis can lead to many complications down the line, including more severe illnesses and even death.

If you or a loved one is struggling to find answers after a diagnostic error impacted your health, consider seeking legal representation with��Law Firm of D.F. Truhowsky��for a��medical malpractice claim.

Our team��can provide a free case evaluation on the phone, via Zoom, at home, or in your hospital room. Call��(212) 880-6496���ǰ���contact us online��to schedule your consultation today.

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Medical malpractice has long been considered the����in the United States, just behind cancer and cardiovascular disease. With more than 250,000 lives taken each year due to a medical professional or facility error, a simple check-up may become a life-altering experience. However, not every physician may experience this or other malpractice claims at the same rate.

���ܰ���New York medical malpractice lawyers��can help you protect your loved ones. Call��(212) 880-6496���ǰ���reach out to us online.

Surgeons Have Higher Rates of Malpractice Claims

A study published in the����analyzed the rate of medical malpractice claims for physicians insured by a nationwide professional liability provider and categorized them based on specialization.

Their results overwhelmingly showed that physicians who specialize in an area of surgery often see the most claims, ranking the top five as such:

• Neurosurgery
• Thoracic-cardiovascular surgery
• General surgery
• Orthopedic surgery
• Plastic surgery

Among the above group, physicians in general and orthopedic surgery also have the highest payment rate to plaintiffs.

When consolidating these surgical specializations to examine further, these are the physicians with the most claims:

• Surgery specializations
• Gastroenterology
• Obstetrics and gynecology
• Urology
• Pulmonary medicine

This research is also consistent with the��‘s survey findings, in which post-residency physicians were asked to self-report the number of claims against them.

Inpatient vs. Outpatient

Unlike most surgeries, these specializations largely practice in outpatient centers. According to a study found in the��, about 41% of medical malpractice claims are from treatment in outpatient settings.

The types of malpractice claims also vary in these settings. While each has claims in diagnostic, treatment, and surgical categories, outpatient centers are much more likely to see claims regarding misdiagnosis versus inpatients having more surgical error claims.

Considering that different types of physicians may experience different rates of medical malpractice claims, it is understandable that this rate may also vary by state.

Medical Malpractice Claims Vary by State

�ճ������maintains a database of the adverse action reports filed against a medical professional, as well as the medical malpractice payments (in millions) that have been made during a given year. This database is for public use and can be filtered based on the state, timeframe, and other factors.

On a national level, more than $42.2 billion in payments have been made over the last ten years, with over half coming from only six states, including New York.

New York State Has the Highest Combined Malpractice Payments

Since 2010, over $7 billion in payments to victims of medical malpractice have been made in New York, which is more than any other state and more than double what was paid in Pennsylvania (ranked second).

Conversely, the state is narrowly in the top five for a number of adverse action reports (any report filed against a health care practitioner) behind California, Texas, and Florida. This can indicate a greater severity in the malpractice claims and higher individual payments in New York State.

Trust the NYC Medical Malpractice Attorneys

The team at��Law Firm of D.F. Truhowsky��has always been committed to helping injured victims see the light at the end of the tunnel. When choosing our firm for legal representation, rest easier knowing that we provide personalized representation and advocate for the maximum compensation possible for our clients.

If you or a loved one is a victim of��medical malpractice��and are seeking legal representation, call��(212) 880-6496���ǰ���fill out the form��on our website to schedule a free case evaluation.

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Despite the array of temporary regulatory waivers and new rules issued by the Centers for Medicare and Medicaid Services (CMS) during the major surges of the COVID-19 pandemic, the basic rights of nursing home residents remain consistent.

Every person living in a nursing home has the right to quality care and to live in a:

• Safe
• Clean
• And healthy environment

If you notice these signs of neglect or abuse in a nursing home and you or a loved one are injured,��contact us online��or give us a call��at��(212) 880-6496���ٴǻ岹��!

Maintaining Quality of Care

In 1991, CMS completed the first set of federal nursing home regulations that nursing homes are required to follow if they want to participate in Medicare or Medicaid programs.

Similarly, the New York State Department of Health (NYSDOH) issued regulations that nursing homes must follow to ensure the health and safety of their residents. In essence, “Each resident shall receive and the facility shall provide the necessary care and services to attain or maintain the highest practicable physical, mental and psychological well-being…”

To fulfill these requirements, nursing homes must be vigilant in taking steps to:

• Prevent and heal pressure/bed sores
• Eliminate accident hazards and supervise the residents to prevent accidents
• And ensure proper nutrition and hydration of residents at all times, to name a few

A crucial aspect in ensuring this quality of care is regular visitations by loved ones.

Utilizing Your Visitation

One of the easiest ways to utilize your visitation is to��look, listen, and��smell.

Can you visibly see any signs of neglect or abuse, such as:

• Cleanliness
• Rapid weight loss
• Bruising
• Bedsores, etc.

Do you hear any verbal abuse from the staff or complaints from the resident? Are there any foul odors in the resident’s room? These may seem like simple or obvious things to do, but they could mean the difference in your loved one’s health and safety.

Although in-person visitation has been significantly curtailed due to the pandemic, there are still ways to monitor a nursing home resident’s condition and the quality of their care.

If you are unable to visit in person:

• Utilize any visitation methods that are available – video chats, phone calls, window visits, etc.
• If you are the resident’s health care agent, guardian, Surrogate Decision Maker, or have the resident’s permission:
  • Ask for a copy of the care plan.
  • Ask questions about their care, medications, daily activities, etc.
  • Request to attend a care plan meeting by phone or video conference.

Remember, it is still possible to use the look and listen to options with the current alternate means of visitation. Residents’ rights to quality care and treatment are still in full force and effect. If your loved one has sustained an injury in a nursing home, you may have a case.

Law Firm of D.F. Truhowsky��is here to help.��Our firm��has spent decades fighting for the rights of��nursing home residents��and their families to receive the highest compensation possible when residents suffer injuries due to improper care and treatment. If your loved one has been injured, call��(212) 880-6496��to��schedule a free consultation.

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Making the decision to place your loved one in a nursing home or elder care facility is never easy. Most people choose to do so to provide the best care possible, but sometimes harmful conditions exist and may not be so easy to spot.

According to data from the��, the United States averages about 200,000 abuse and neglect complaints against nursing home facilities each year. However, even though this seems like a large number, there are thousands of injuries and signs of abuse and neglect that may go unnoticed or be mistaken for general signs of aging.

Our team��is passionate about protecting the rights of the elderly and will work tirelessly to achieve the best outcome possible for your case. If you are seeing signs of nursing home neglect schedule a consultation with our office by calling��(212) 880-6496��or by filling out our��online contact form.

What Are Common Signs of Nursing ����vlog Neglect and Abuse?

Injuries

While bruising may be common in the elderly, it may also point to signs of neglect and even physical abuse.

During the next nursing home visitation with your loved one, consider looking for these signs of nursing home neglect and abuse, as they may be signs of neglect and possible abuse:

• Bedsores (also called pressure ulcers)
• Broken bones
• Concussions
• Infections

If your loved one has suffered any of these abusive injuries, it should be taken seriously as it can have long-term effects on one’s health.

Malnutrition or Dehydration

Despite regulations being in place for decades that require nursing homes to ensure that residents maintain acceptable parameters of nutritional status (unless their clinical condition demonstrates that it is not possible), it’s estimated that malnutrition still affects about����of residents.

Malnutrition in the elderly can lead to:

• Loss of fat
• Muscle mass and body tissue
• Heart failure
• Or even death

Here are some red flags:

• Loss of appetite or interest in food or drink
• Gradual weight loss
• Low energy
• Irritability and depression

Additionally, people who are suffering from dehydration commonly have issues with:

• Bowel movements
• Balance problems
• Kidney dysfunction
• And a number of cognitive issues

Here are some signs to look for:

• Dry mouth or cracked skin
• Sunken eyes
• Dizziness or disorientation
• Overall fatigue
• Muscle cramps

It’s important to note that both dehydration and malnutrition can cause organ failure, strokes, and premature death.

Unsanitary Living Conditions

From dirty facilities to not meeting the needs of the residents, unsanitary conditions in nursing homes can include poor resident hygiene, unkempt rooms or common areas, and not washing hands or wearing proper safety equipment/attire, to name a few.

Signs of unsanitary conditions may be easier to spot than other forms of neglect, as they include characteristics like:

• Soiled or dirty bedding and clothing
• Bed bugs or rashes
• Residents with unwashed hair and long, dirty fingernails
• Odors in the resident’s room or common areas
• Left out trash or food

All people have the right to live in a clean, healthy, and safe environment – especially in nursing homes. If your loved one sustained an injury or is suffering from malnutrition or dehydration, you should talk to an attorney about whether you have a case.

Are you seeing signs of nursing home neglect?��Law Firm of D.F. Truhowsky��has been a premier New York��nursing home neglect��firm for decades, having achieved millions of dollars in compensation for clients. Call��(212) 880-6496��today or��fill out our online form!

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