Medical Malpractice and the Elderly - Page 1
The mis-use of the NYS Guardianship Law, Article 81
and the Medical Examiner's office.
article by... Nancy Suski Panzarella © 2001
Equal protection under the law
may not introduce the specific right to legal representation in regard to medical
malpractice.
However, if American society, including the newly born, have the right to representation
if they are damaged as a result of an adverse event involving hospitals, doctors, nurses
and other health care professionals, then something is most definitely wrong if senior
citizens have absolutely no recourse in a similar situation.
In 1986, Dr David B. Axelrod, Commissioner of the New York State
health Department, petitioned certain doctors and others at Harvard's School of Public
health to investigate the very high incidence of medical malpractice in his state.
| AGE |
CASES REVIEWED |
% of NEGLIGENCE |
| Newborn |
3,595 |
20.8% |
| 0-15 |
3,066 |
21.9% |
| 16-44 |
11,101 |
26.7% |
| 45-65 |
7,379 |
20.6% |
| 65+ |
4,980 |
33.1% |
It is clear that our 65+ population had the highest
rate of adverse events in the 1980's. We might wonder who these people were,
what happened to them, if they lived after the adverse event, for how long, in what
condition and where did they reside.
"In short, our data suggests that
injuries caused by medical negligence
and not resulting in litigation...occurs to persons with limited life expectancies.
We do not mean to suggest that these injuries are acceptable or should not be
compensated, but simply that the present day market for legal services tends to exclude
these claims of limited financial value from litigation."
WARNING: The next page
contains a photograph of extreme neglect and may not be suitable for minors or those with
an aversion to witnessing human suffering.
In memory of Julia Suski and all victims of a cover-up
regarding
medical malpractice, Guardianship and wrongful death.
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