In The News

Karen A. Butler recently was the presenter for the New York State Nurse's Association's 2013 Seminar at Sea. The 12 hour presentation with an additional 12 hours of self-study also prepared by Ms. Butler was held on Royal Caribbean's Adventure of the Seas during a seven day Southern Caribbean cruise.

The Tech Valley School Foundation Board has chosen Dale Thuillez as its chairman and president for the 2012-13 school year.

Congratulations to our law clerk, Molly Casey for passing the bar exam. She is now an associate attorney of the firm.

NYS Professions

U.S. Court of Appeals Decision on Litigation Involving 13 Professions that Require U.S. Citizenship or Permanent Lawful Residence for Licensure: Please be advised that in accordance with the decision of the United States Court of Appeals, Second Circuit, in Dandamudi v Tisch, No. 10-4397- CV, 2012 WL 2763281 (July 10, 2012), they will consider applications for licenses from individuals who would otherwise be barred from licensure by statutory requirements of citizenship or permanent residency, in one the following professions:
Certified Shorthand Reporting
Chiropractic
Dentistry
Dental Hygiene
Landscape Architecture
Land Surveying
Massage
Medicine
Midwifery
Pharmacy
Professional Engineering
Veterinary Medicine
Veterinary Technology
If you believe you meet these requirements, please submit an application for licensure to the Department and they will process your application accordingly. However, please be advised that the period for seeking further review from the U.S. Supreme Court has not lapsed.

New York State Medical Indemnity Fund Information for Providers

The Medical Indemnity Fund ("Fund") was established by Chapter 59 of the 2011 Session Laws of the State of New York. The Fund is designed to pay all future costs necessary to meet the health care needs of plaintiffs in medical malpractice actions who have received either court-approved settlements or judgments deeming the plaintiffs' neurological impairments to be birth-related. The Fund will pay or reimburse the cost of those health care services, supplies, equipment, and medications that the qualified plaintiff's physician, physician assistant or nurse practitioner has determined are necessary to meet the qualified plaintiff's health care needs. Such costs include those incurred for medical treatment, nursing care and dental care. For more information, please click here to access an informational brochure, click on "NYS Medical Indemnity Fund Information" on the Consumers web page, or click on "Medical Indemnity Fund" under "Current Issues" on the New York State Department of Health website. (April 17, 2012)

Professional Assistance Program (PAP) for Dentists and Pharmacists

Chapter 549 of the Laws of 2010 allows the Professional Assistance Program (PAP), which assists professionals who have substance abuse problems but who have not harmed patients or clients, to accept pharmacists and dentists into the program in certain situations without having to surrender their license. Please see section 6510-b(8). (October 6, 2010)

Successful motion dismissing case published in Albany County Bar Association Sept. 2012 Newsletter:

Medical Malpractice

Martino v Miller, (Kavanagh, J., 513575 [7/19/12]) Plaintiff concurrently underwent breast reduction, liposuction and brachioplastly surgeries performed by defendant Dr. Miller, a plastic surgeon. After the surgeries, plaintiff's right breast developed problems at the site of her nipple areolar complex (NAC), which defendant indicated may require reconstructive surgery. Plaintiff ceased treating with defendant and brought this action alleging defendant was negligent in his performance of the breast reduction surgery and post-operative care and treatment and seeking recovering for her damages. Defendant moved for summary judgment, prompting plaintiff to produce an affidavit from an expert plastic surgeon in opposition to the motion. Supreme Court granted defendant's motion dismissing the complaint and plaintiff appealed. On appeal, the Court noted that while defendant himself met his initial burden with a supporting affidavit indicating he did not deviate from accepted standards of medical care in his treatment of plaintiff, plaintiff failed to create a triable question of fact as to defendant's negligence with her submissions. In particular, the affidavit of Dr. Peter Neumann submitted by plaintiff concluded that defendant departed from accepted standards of medical practice in this treatment of plaintiff but Dr. Neumann failed to indicate what those accepted practices are and how the defendant's treatment of plaintiff in this case deviated from them. The Court also noted that Dr. Neumann failed to explain why or how the procedures performed by defendant caused the plaintiff's injury.

Karen Butler recently attended the 11th annual Advanced Forum on Obstetric Malpractice Claims in Philadelphia, PA.

In June 2011, the Family Health Care Decisions Act was expanded to cover patients receiving Hospice services. This bill also provides that when a Long Term Care Facility is conducting an Ethics Review Committee meeting relative to the election of Hospice for a resident by a surrogate under the FHCDA a representative of Hospice must be invited to attend the meeting. Please modify your procedures to reflect this change.

On Tuesday, March 16, 2010, Governor Paterson signed the Family Health Care Decisions Act. This Act applies, at present, only to patients/residents in Nursing Homes and Hospitals. The Act also applies only in those instances where a patient/resident who has lost capacity to make health care decisions has not previously appointed a Health Care Proxy. The Act creates a hierarchy of persons who will become the "default surrogate" to make decisions for the person. There is guidance as to how such decisions are to be made with differences between the power of this default surrogate and a previously appointed proxy. We recommend that persons should still appoint a Health Care Proxy. It's easy to do and the forms are right on the Department of Health web page. We also strongly recommend that all hospitals and nursing homes in New York study this bill carefully and develop appropriate policies and procedures and training to ensure compliance with this new statute: Family Health Care Decisions Act

As of March 1, 2010 the National Practitioner Data Bank has been expanded to include all health care practitioners licensed in the state to provide health care services (for example nurses). The complete text of the regulations may be obtained using the following link: National Practitioner Data Bank regulations

Dale Thuillez helps out in Haiti: ABA JournalTroy Record, Albany Law

Awards & Associations

2015_attorneys Anniversary-mark_attorney_25-year Piaa_affiliate

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