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The New York State Thruway reports several morning accidents including one that briefly closed the east and westbound lanes near Rochester today.   These motor vehicle accidents are likely due to the icy road conditions affecting the area.  Even during poor weather, accidents can be avoided if drivers pay close attention to the road conditions.  Driving with the headlights on, keeping an extra safe distance between cars, and driving at a reduced speed can help to avoid an accident. 

Governor Cuomo said in February that the entire budget process is a scam to serve special interests.  He was right.  Within a month of taking office, Governor Cuomo cut a deal with the hospitals to start a new era in new york State – no more accountability for hospitals and doctors when they make mistakes causing patient death and injury. the Governor incorporated this deal within the budget proposal to hide and mislead the public about what he’s done.

The Governor’s deal.

Hospitals will take a small percentage less in future Medicaid payments from
the State to help balance the budget.  In return, the Governor will give hospital
union workers better wages and insulate all hospitals and doctors from their medical mistakes forevver more.  these laws are being pushed within the budget proposal because it is easier to pass there and the governor can assert more control.

State to end treatment for Brain Damaged Babies.

the State will create a new bureaucracy called the “indemnity fund” to pay for and decide what future treatment is needed for brain damaged children injured by hospital neglect. the State will dictate
the treatment rather than the treating doctors and families of the injured children.  the Governor has no plan yet of who is going to place monies into this “fund” so for now, these children will get no treatment.  If it does get funded, the likely contributor will be the taxpayers instead of the hospitals who actually caused the injury.

Death of Elderly at Nursing Homes to be hidden from authorities.

the Governor wants to change the Social Services Law that requires nursing homes to report deaths within 24 hours to the authorities. (§ 461-m).  the law was passed in 1994 to protect the elderly from being mistreated in nursing homes.  the Governor is giving the nursing homes a loophole so that any person who they unilaterally decide died of “natural” causes will be exempt from the reporting.  of course, all patients will be determined by the nursing homes to have died a natural death.  the amendment of the law is solely meant to help nursing homes hide their mistakes that result in the death of a patient.

Women, children, and the disabled to be denied access to the courts.

those who suffer injuries from a hospital’s mistake will have their non-economic award (pain and suffering) capped at $250,000 regardless of the injury, disability, or amount of time suffering. Most lawyers with the cap in place will no longer be able to afford taking a malpractice suit with only non-economic damages since it can cost over $50,000 in expenses just to litigate. the result is
that people outside of the workforce, i.e., children, housewives, the elderly, who will have no lost wage claim and will only have a claim for pain and suffering, will be denied access to the courts.   the cap will also encourage hospitals and doctors to fight cases even when they agree malpractice occurred since they no longer have any exposure to be concerned about.

Experts agree lawsuits unrelated to budget, health costs, and insur- ance premiums.

• 2004 report by the Federal Congressional Budget office states that medical malpractice makes up only 2 percent of U.S. health spending and that even “significant reductions” would do little to curb health care expenses.
• 2009 report by Wellpoint, the largest health insurer in the United States states “[m]edical malpractice is not a major driver of spending trends” and “not considered a recent significant factor in the overall growth of health care spending.”
• 2011 report by new york Presbyterian Hospital obstetrician and published in the American Journal of obstetrics & Gynecology, states it was hospital safety changes that actually resulted in annual medical malpractice payouts dropping from $28 million/year between 2003 to 2006, to only $2.6 million/year between 2007 to 2009. the problem was that  “[w]e were using a 20,000-year-old technology here, something a caveman would have used.”

Why is the public unaware of this?

the Governor is keeping his deal and the details of the budget hidden to quietly pass it through.

Who supports it?

the people benefitting are the ones in support: hospitals, hospital unions, and insurance companies. Watch for their constant ads.

When is this happening?

this is happening right now. the governor’s budget bill with all these laws hidden within is being considered today.

What can be done?

your legislators have to know that you oppose the Governor’s budget proposal and will support them.  the Governor is intimidating your legislators, and the hospitals are campaigning with  commercials, radio spots, and print ads with unlimited monies.

State your thoughts on our 1) Facebook fan page, 2) tweet us, get a discussion going, 3) tell your friends to do the same, (identify your first name and zip code for your legislators), 4) Call your legislators directly (http://assembly.state.ny.us and http://www.nysenate.gov/contact_form), 5) Speak to us to get more information, 6) Donate whatever you can for other ads to spread the word. (We cannot do this alone.  every cent with proof of payment will be reported to you directly).

A 38 year old Polish construction worker who did not have legal papers to work was injured during demolition of a building on the defendant's property. The floor the construction worker was standing on broke causing him to fall 12 feet onto the cement floor below. A co-worker also fell through the floor and landed on top of the plaintiff. The plaintiff sustained a fractured T12 vertebrae which shattered into many pieces and lodged into his spinal canal, causing nerve injury. The T12 vertebrae necessary to support the spinal column compressed and changed from a rectangular shape to a triangular shape, causing mechanical axial pain as well. Additionally, the plaintiff sustained a lower back injury that caused a disc herniation and nerve injury.  The plaintiff could not return to work, is permanently disabled, and will require future surgeries to his thoracic and lumbar region.  The jury rendered a verdict that resulted in a $3.2 million dollar judgment after interest was accounted for by the court.  The personal injury construction accident attorneys at BBNR made a motion to the court to determine liability against the defendant as a matter of law.  The motion was denied initially but after a second motion, the court granted the relief and found the defendant at fault as a matter of law.  The only issue for the jury at trial was how much money to award the plaintiff. 

A real estate agent while stopped in traffic near the belt parkway was hit in the rear by a MTA/LIRR Chevy pickup truck.  She went to the emergency room 6 days after the accident and had acupuncture treatment for several years.  Almost five years after the accident, she underwent a cervical fusion.  Six years after the accident, she had arthorscopic surgery on her shoulder.  The defendants argued that her subsequent surgeries were not related to the accident, and that the neck problems were due to degenerative disease corroborated by an MRI.

26 year old female suffered a head injury, fractured skull, fractures of the pelvis, and cervical and lumbar injuries.  She returned to work and school full-time after two years.  The plaintiff was advised she would need future surgery on the hip and back.  After losing several pre-trial motions, the defendants conceded liability the day after jury selection and a damages trial ensued.  The defendants argued that the plaintiff had fully recovered from her injuries and would not require further treatment.