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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