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Medicaid and Legal Malpractice


Governor Cuomo has set up a medicaid re-design team. On the team, there are a number of hospital administrators. These administrators have used this opportunity to press for capping malpractice payment for hospitals. Governor Cuomo has decided to go along with the hospital administrators’ request concerning capping malpractice payments in medical malpractice cases.

Malpractice Awards

Hospitals and physicians have complained about decisions in medical malpractice cases. They claim the awards have been too high. They also claim that they must now practice defensive medicine and perform unnecessary tests to protect themselves.

There has been a proposed cap for “non-economic damages.” This cap would be $250,000 for pain and suffering for each medical provider guilty of malpractice. In 2011, $250,000 is a grossly insufficient amount to pay to individuals who will have a diminished quality of life because of hospital or physician negligence.  Some of these individuals will be left blind, paraplegics, and completely unable to care for themselves.

blog2-150x150Reducing In-hospital Errors

The best way to deal with medical malpractice is not to penalize the injured parties by limiting their recovery. The more perfect solution is to reduce the number of errors and bad decisions made by medical providers.


A medical malpractice cap should not be part of the budget being submitted by Governor Cuomo. The better solution would be for medical providers to be more careful regarding the decisions they make concerning patients. Our law office represents individuals who have been in car & truck accidents. We aggressively litigate slip and fall and wrongful death cases. We deal with issues concerning no-fault insurance. We also litigate dog bite cases. Feel free to call us for a free consultation.

Funding of Divorce Litigation

divorce11-150x150There is a new concept in the handling of divorces that is accepted in a number of states.  Funding companies offer to cover the legal costs of litigating the divorces.  They pay for the legal services of the party’s lawyer.  They also pay for finding hidden assets and maintaining an individual’s lifestyle during the course of the divorce litigation.  What do they get for this? They receive a share of whatever is awarded to the litigant by the courts. An example of a company that does this type of work is Balance Point Legal Funding, located in Beverly Hills, California.
Michelle and her husband had assets of millions of dollars.  They owned several properties.  They had investments and they owned a freight hauling business.  They had two homes, as well as a motor home, and approximately six different cars. When Michelle brought a divorce proceeding against her husband, she ran out of money to continue with the lengthy litigation. This is a technique often used by husbands to force women into entering into settlements for a pittance of what they are actually entitled to.

Instead of accepting a smaller settlement, she entered into an agreement with Balance Point Legal Funding.  For a percentage of what she received, they advanced her $200,000 to allow her to live comfortably, as well as litigate her case.

Balance Point Legal Funding is part of a trend.  They are part of an industry that currently invests in other people’s lawsuits. This helps plaintiffs in divorces, personal injury matters, medical malpractice cases and other types of litigation to move forward with lawsuits when they would otherwise not have sufficient assets on their own to bring their case to fruition. Balance Point Legal Funding currently has more than one billion dollars invested in pending lawsuits in the United States.  The focus of Balance Point Legal Fundings is on divorce cases with marital assets between two and fifteen million dollars.

High Net Worth Divorces

The Law Offices of Schlissel DeCorpo handles high net worth divorces.  We deal with issues involving family businesses.  We help doctors, lawyers and dentists in obtaining divorces from their spouses.  We negotiate separation agreements that preserve our clients’ assets.  We also assist our clients with child custody and spousel maintenance (alimony) issues.  When the situation arises, we obtain annulments for our clients.  We negotiate prenuptial agreements, as well as postnuptial agreements, for our clients.  Feel free to contact us at 1-800-344-6431; 516-561-6645 or 718-350-2802.

The Financial Cost of Medicaid

medica-150x150During the past twenty years, the medicaid expenses faced by every state in the country has been staggering. As more Americans lose their jobs, they turn to medicaid for basic medical treatment.

In New York State, more than 4.5 million residents are covered by medicaid. It is projected that more than $52 million will be spent by the state on medicaid this year.

President Obama’s -healthcare reform law will increase medicaid enrollments in the year 2014.

If New York and other states are going to survive, they must find a way to reduce their medicaid expenditures. New York Lieutenant Governor Richard Ravitch has recognized the need for a comprehensive strategy to deal with the cost of long term care for New York residents. Mr. Ravitch points out that long term care accounts for almost 50% of all medicaid spending in the state of New York.

Mr. Ravitch has suggested that New State establish an “innovation center to develop new ways to deliver and pay for healthcare, increase support for preventive care and reform medical malpractice”.

Mr. Ravitch has requested that the state’s political leaders change the medicaid financing formulas that exist in New York. Mr. Ravitch is right. Medicaid is bankrupting the state of New York as well as many other states. A detailed study must be immediately undertaken to determine what methodology needs to be used to reduce medicaid expenditures throughout the United States. Individuals need to be personally responsible for their long term medical care. In our society individuals should have appropriate medical treatment available to them; however, this medical treatment and long term care must not be at an unlimited cost!

In the event you have elder care issues involving wills, trusts, medicaid eligibility, probate or contested wills and estates. Contact the Law Offices of Schlissel DeCorpo at 1-800-344-6431, or by email. We can help you!

Hospitals, Do They Help Us Or Kill Us

hospitals1More than 48,000 people die each year from illnesses and diseases picked up during hospital stays. Approximately 20% of the patients in hospitals who develop sepsis, a blood infection, following surgery die. Patients who develop sepsis stay approximately 1 ½ weeks longer in hospitals than their original planned hospital stay. It is estimated that 1.7 million infections related to health care procedures are diagnosed each year.

Most hospital stays are for fairly routine procedures. Should the patient develop pneumonia or sepsis as a bi-product of this hospital stay, these infections can be deadly.

Hospitals should make a greater effort to improve hygiene, cleanliness and take other effective measures to prevent unnecessary hospital caused infections.

Should you have a problem related to a hospital stay, feel free to contact the Law Offices of Schlissel DeCorpo to discuss this matter at 1-800-344-6431 or email us at

Elliot Schlissel, Esq.

Nursing the Wrong Baby

babytoesIn January of 2008, Jennifer Spiegel, gave birth to her son. A baby was brought to Jennifer’s room to be fed and Jennifer nursed the baby. Unfortunately, the baby she nursed was not her son!

Eventually, a nurse in the maternity ward discovered that Jennifer was nursing the wrong baby. When Jennifer was made aware of this, she became very depressed. She said it was a horrible internal feeling.

Jennifer has now sued Evingston Hospital in Chicago asking for $30,000 in damages. That’s a lot of money for a small amount of breast milk!

Should you have a problem regarding medical care or a hospital, the Law Offices of Schlissel DeCorpo will be happy to give you a free consultation to discuss whether you have an actionable case. So e-mail us or give us a call anytime at 800-344-6431.

Elliot Schlissel

Picture courtesy of

Doctors’ Lobbying Groups Trying to Limit Medical Malpractice Claims in NY

medical_malpracticeA New York State Senate Committee is considering measures to reform civil medical malpractice law. The issue is being considered in light of skyrocketing medical malpractice premiums that doctors have to pay. For example, an OB/GYN in New York City may pay $170,000 in premiums annually.

Doctors want to protect their interests by inducing the New York State legislature to enact various types of “reform,” including capping non-economic jury awards and offering legal immunity for doctors who apologize to patients.

Several facts should be considered by the legislature before taking away substantive rights from those who suffer preventable injuries at the hands of a small number of negligent doctors.

68% of medical malpractice payments in New York are paid by just 7% of the physicians. This seems to indicate that there is no widespread problem of doctors practicing medicine negligently. Rather, there are a few bad apples that are causing the higher medical malpractice premiums for the rest of the doctors.

Rather than limiting the rights of those patients who are injured at the hands of those few bad apples, perhaps the American Medical Association, or the State Medical Associations should consider taking a role similar to the one played by the state bar associations for lawyers.

The state bar associations play a very active disciplinary role when they learn of attorney negligence or misconduct. They routinely discipline attorneys in very damaging ways, including reprimand, temporary suspension of the law license, and complete revocation of the law license. Because of this reality, attorneys are very conscious of their obligations and “bad apple” attorneys are routinely booted from the active practice of law.

The state medical associations have steadfastly refused to take a similarly active role. This decision causes repeat medical malpractice offenders to continue offending and continue causing the malpractice insurance premiums for the rest of the doctors to increase.

Rather than focusing on limiting victims’ rights in medical malpractice cases, doctors’ lobbying groups should focus on preventing medically negligent injuries and deaths by policing their own ranks for the few bad apples.

Elliot S. Schlissel, Esq.


Picture courtesy of ER Drama.

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