Medical malpractice cases
all have at least one thing in
common: allegations that a
healthcare provider violated
the governing standard of care,
resulting in injury, or possibly
even death. Here, that standard
involves the laws of the State of
New York. There are a variety
of cases that fall under medical
malpractice, all that result
from either an action taken by a
healthcare provider, or an omission
from action by a healthcare
provider. Nonetheless, it has led
to irreparable harm to a patient
due to some form of negligence,
and therefore legal redress will
be owed to the patient.
Examples of medical malpractice
cases include: failure
to diagnose a medical condition
or disease on time or at all,
misdiagnosis of a medical condition
or disease, lack of or inappropriate
medical treatment,
and surgical errors and complications.
Damages for medical malpractice
include economic recovery
for the victim to make
them whole again for lost wages,
the cost of medical care, other
out-of-pocket medical expenses,
and even for pain and suffering
resulting from the injury. Not
only can the victim recover,
but so can their spouse, and,
in death cases, the next of kin
can recover for their loss. Additionally,
in New York, there is
no cap for damages that can be
awarded for a medical malpractice
case.
It is also important to note
that there is a Statue of Limitations
on medical malpractice
claims, which means that the
claim must be brought within a
certain amount of time within
the injury having occurred, or
else the claim could be barred.
In New York, the Statute of
Limitations for a medical malpractice
claim is 30 months, or
2 years and 6 months, from the
date of injury. This statute is
different for minor children,
however, which does not start
running until the child turns
18. There is an exception to
this, though: regardless of the
age of the child when the injury
occurred, the statute of limitations
cannot extend longer than
10 years.
Medicine can, at the same
time, be both a great, wonderful
thing and a scary, unknown
set of twists and turns. If you or
your family finds themselves
victim to the perils of medical
malpractice, you may want to
speak to your attorney as soon
as possible to discuss your options.
In past years our law office
has obtained numerous settlements
in Medical Malpractice
cases including settlements for
$17.9 Million and $18.1 Million,
as well as a verdict for $62 Million
in a medical malpractice
case. If you have suffered from
the medical malpractice of a
doctor or hospital, our office is
available to discuss what happened
for a free consultation
to determine if you may be entitled
to money damages.
Caribbean L 12 ife, Feb. 15–21, 2019 BQ
OP-EDS
NY has HIV/AIDS plan for 2020
2017, when they became eligible to join
the plan; all have been screened for HIV
risk, and more than 20 percent are now
on PrEP. Amida Care is working with
Governor Cuomo and the NYS Department
of Health to open SNP eligibility
to HIV-negative individuals from
all communities at higher risk for HIV,
including young gay and bisexual men
and women of color, which will be an
important step to further reduce new
infections.
New York SNPs like Amida Care also
connect members to supportive services
that help them access safe, secure
housing and food assistance. These are
social and economic challenges that
have a tremendous impact on good
health. The Trump administration’s
proposed cuts to programs that provide
lifelines to Americans battling food
insecurity or struggling with housing
instability threaten the foundations of
the fight against HIV/AIDS. When you
don’t know where you’ll sleep at night
or where your next meal is coming
from, you’re much less likely to seek
care or take the medications needed to
be virally suppressed or prevent HIV.
The Trump administration has also
proposed harmful changes to Medicare
Part D, which would make it difficult
for older Americans living with HIV
to access necessary medication. And,
they are making it harder for communities
at higher risk of HIV to access
health care by allowing states to implement
work requirements for people on
Medicaid, which have already led to
thousands of vulnerable Americans
losing coverage.
In contrast, New Yorkers living with
HIV can secure a peer certificate that
empowers them to pursue voluntary
employment without jeopardizing
their Medicaid coverage. Thanks to
New York City Council funding, Amida
Care offers an employment program
that allows people with HIV to get back
to work in community health centers,
using their lived experience to help
others with HIV.
Actions speak louder than words:
President Trump dismissed the entire
Presidential Advisory Council on HIV/
AIDS, which is responsible for advising
the president and guiding the Health
and Human Services response to the
AIDS crisis, and did not replace them
for over a year. The Trump administration
also wants to cut funding for the
President’s Emergency Plan for AIDS
Relief, a key part of the global fight to
end the epidemic.
While we are encouraged by the
president’s words about paying renewed
attention to the fight against HIV/AIDS,
we are concerned by this administration’s
track record on LGBTQ rights and
protections and its general approach to
addressing the health needs of individuals.
If the President is serious about
this commitment, he must follow New
York’s lead: implement policies that
address health disparities and promote
access to health care.
Doug Wirth is president and CEO of
Amida Care, a Medicaid Special Needs
Health Plan designed for individuals
living with or at higher risk for HIV/
AIDS.
Continued from Page 10
Chauvinistic policy measures make things worse
economic liberalization.
Policies which successfully check
such problems may reduce social tensions,
as well as the likelihood of social
turmoil and conflict, including among
countries. However, these may also
inadvertently exacerbate problems. The
recent spread of anti-globalization sentiment
appears correlated to slow, if not
negative per capita income growth and
increased economic inequality.
To be sure, globalization and liberalization
are statistically associated
with growing economic inequality and
rising ethno-populism. Declining real
incomes and growing economic insecurity
have apparently strengthened
ethno-populism and nationalistic chauvinism,
threatening economic liberalization
itself, both within and among
countries.
Insecurity, populism, conflict
Thomas Piketty has argued that a
sudden increase in income inequality
is often followed by a great crisis.
Although causality is difficult to prove,
with wealth and income inequality now
at historical highs, this should give
cause for concern.
Of course, other factors also contribute
to or exacerbate civil and international
tensions, with some due to
policies intended for other purposes.
Nevertheless, even if unintended, such
developments could inadvertently catalyse
future crises and conflicts.
Publics often have good reason to be
restless, if not angry, but the emotional
appeals of ethno-populism and jingoistic
nationalism are leading to chauvinistic
policy measures which only make
things worse.
At the international level, despite the
world’s unprecedented and still growing
interconnectedness, multilateralism is
increasingly being eschewed as the US
increasingly resorts to unilateral, sovereigntist
policies without bothering
to even build coalitions with its usual
allies.
Continued from Page 10