Monday, December 31, 2007

Host Legislation

Suffolk County executive Steve Levy has signed into law social host legislation making it a crime to let under age children drink in their home.

The law imposes a $250 fine for the first offense and up to $1000 fine and a year in jail for a third offense for those who knowingly allow underage drinking. Children may consume alcohol if their parent or guardian is present.

Levy wrote a letter to Suffolk County legislators in which he said the penalties are meant to send a message that hosts have to be vigilant in monitoring the potential for underage drinking.

The law requires people who are homeowners, renters and those who control a private residence to stop people under the legal drinking age 21 from consuming alcohol on the premises. The adult is required to contact the police or a parent in such cases.

Suffolk now joins Nassau County in trying to regulate by statute underage drinking in the house. Both laws allow exceptions for religious purposes. Hopefully, underage drinking will become a thing of the past.

If you or a loved one has been injured by a drunk driver please call Silberstein, Awad & Miklos’ attorneys for help.

Together we will continue our fight against FRIVOLOUS DEFENSES and DECEPTIVE DEFENSES.

Serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens, Staten Island and Westchester County

This may be considered a legal advertisement.

Joseph Miklos
Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone toll free 1 877 ask 4 sam
www. Ask4sam.com

Monday, December 10, 2007

nightwork

The overnight shift has been implicated as probably causing cancer. The world health organization's international agency for research on Cancer has found that men and women who work at night suffer from higher rates of breast and prostate cancer. This means that working the overnight shift does not necessarily cause cancer but those working at night have an increased risk for cancer.

The body's biological clock controls the circadian rhythm. Working at night seems to disrupt that rhythm interfering with the production of melatonin. Melatonin is credited with suppression of tumor development. Melatonin is generally produced at night while we sleep and hence the possible correlation.

So far women who work at night have been found to be more prone to breast cancer and men more prone to prostate cancer. Suspect occupations include nursing and airline crews. These findings have an international impact since approximately 20% of the world's working population does so at night.

If you or a loved one has medical malpractice questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens, Staten Island and Westchester County

This may be considered a legal advertisement.

Joseph Miklos
Silberstein Awad & Miklos
600 old country road
Garden City, New York 11530
1 -- 877 -- ask4sam
WWW. ask4sam.comPublish Post

Saturday, December 8, 2007

Binge drinking and the fetus

Binge drinking and the fetus

Researchers at London have determined pregnant women who binge drink may not be harming their fetuses. Binge drinking is defined as occasionally drinking about five drinks in one session.

Over 3500 scientific papers written between 1972 and 2005 were looked at and narrowed down to 14 papers on binge drinking and pregnancy. While alcohol consumption during pregnancy during pregnancy was linked to miscarriage, stillbirth, abnormal birth weight and birth defects such as fetal alcohol syndrome there was little or no evidence regarding occasional binge drinking. One study soon Jess and binge drinking could affect brain development resulting in reduced verbal IQ, learning problems and poor academic performance. Still additional research needs to be performed and until that time pregnant women are well advised to avoid alcohol consumption.

Many times a doctor will raise the mother's prenatal drinking as a defense to a medical malpractice claim brought for an improper delivery resulting in an impaired infant.

If you or a loved one has medical malpractice questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens, Staten Island and Westchester County

This may be considered a legal advertisement.

Joseph Miklos
Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Friday, December 7, 2007

Conspiracy of silence

Conspiracy of silence

In 2000 the US Institute of medicine reported that approximately 90 8000 people die every year because of medical errors in hospitals. Now the annals of internal medicine report after surveying 1600 physicians in 2003 and 2004 that nearly half of all doctors failed to report incompetent or unethical colleagues. 46% of the physicians surveyed admitted that they knew of a serious medical errror but did not tell anyone about it. In effect the medical profession turns a blind eye towards the incompetence of the medical colleagues.

The statistics of this study were surprising. 96% said that physicians should report all instances of significant incompetence or medical errors. 45% of cardiologist and surgeons agreed. 85% of most of the doctors said they should inform patients about significant errors. This however did not occur. 40% of the doctors admitted to having knowledge of the serious medical error. 31% admitted they had done nothing about it at least once.

93% said they should provide medical care regardless of the ability of a patient pay but only 69% actually accepted patient could not pay. Most of the doctors agree that they need to keep up with changes in their profession but only 31% had undergone a competency review in the past three years.

This report paints a disturbing reality with regard to the ethics of the medical profession. State boards of medical examiners serve to license physicians but do not police or insurer quality medical care. The only hope that the general public has to ensure ethical medical treatment lies in the vigilance of the trial lawyers.

If you or a loved one has had surgery with an unexpected bad result and have questions about the quality of the medical care you received please call Silberstein, Awad & Miklos' attorneys for answers. Together we will continue our fight against FRIVOLOUS DEFENSES and DECEPTIVE DEFENSES.
Call Toll-free 1- 877- ASK 4 SAM
Joseph Miklos

Sunday, November 11, 2007

Statins

Good news for people prone to heart attacks. A class of cholesterol-lowering drugs called statins help to prevent heart attacks for about 10 years after people stop taking them.

The New England Journal of Medicine http://content.nejm.org/ has published a study from Scotland showing that men taking the drug Pravachol for five years significantly lowered their risk of heart attack and death from heart disease. The new study followed these men for another 10 years after they stop taking the drug. The group was then compared to a placebo groupin the five-year study. There was a 25% lower risk of heart attack or death from heart disease in the statin group.

The drug seemed to stabilize existing plaque and slow down the progression of coronary artery disease. Overall many people continue to take the drug and continue to receive its beneficial effects. The study has some long-term weaknesses but reducing levels of LDL cholesterol with statin drugs along with dietary changes reduces the risk of heart disease.

If you or a loved one has medical malpractice questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens, Staten Island and Westchester County

This may be considered a legal advertisement.

Joseph Miklos
Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Saturday, November 10, 2007

Lead Poisoning

Lead Poisoning

The U.S. Centers for Disease Control and Prevention issued a new report highlighting the dangers of lead poisoning amid concerns about imported toys containing lead. Both Mexico and China have been exporting toys to the United States and New York with high levels of lead in their paint.

The report warns that blood lead levels which are lower than the United States standard can cause lower IQs and other problems. In 1991 the CDC set a level of 10 mcg per deciliter of blood which quickly became the de facto standard of lead poisoning. In New York the Department of Health soon became involved with testing of apartments for lead poisoning and following poisoned children. Litigation arose and parents sued their landlords for poisoning their children with peeling lead paint. A common defense was that low levels of lead were not toxic. This defense is now in question.

This is the first time that the CDC has said that all levels of lead are important even those below 10 and under 20 mg per deciliter of blood. Generally speaking children with lead levels between 10 and 20 mcg per deciliter do not show obvious signs of lead poisoning .

Further information on the effects of lead and children can be found at:

* The National Lead Information Center by calling 1-800-424-LEAD (5323) or by visiting
http://www.epa.gov/lead/pubs/nlic.htm
* CDC's Childhood Lead Poisoning Prevention Program at http://www.cdc.gov/nceh/lead
* EPA at http://www.epa.gov/opptintr/lead/index.html
* HUD at http://www.hud.gov/offices/lead

If you or a loved one has lead poisoning questions in New York, please contact the Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens, Staten Island and Westchester County

This may be considered a legal advertisement.

Joseph Miklos
Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Sunday, November 4, 2007

Medicare drug benefit

Medicare drug benefit begins its third year and the trouble is starting. It seems that about 2 million low income Medicare participants could be switched to a different insurance plan for their prescription coverage next year. Others will face double-digit increases in their monthly premiums unless they can find substitute coverage.

The reassignment coupled with higher premiums are reasons why seniors and disabled persons may want to purchase new plans. Under Medicaid open enrollment begins November 15 ands December 31. That is the time frame during which people can switch coverage.

The Medicare part B. plan will charge around $28 a month. There are approximately 1800 plans in the country and the premiums vary from about $9.80 for a basic benefit to about $107 for enhanced coverage. If you have received a letter from Medicare as 2 million people did it's time to start looking. Even if you have not received a letter its time to start looking.

The low income recipients are most likely covered under United healthcare or Humana and will be switched to Silverscript and Medco. Questions can be directed to 1800 Medicare or by contacting the state health insurance assistance program in your state. Http://www.medicare.gov or contact
the Center for Medicare advocacy Http://Medicareadvocacy.org

The ARP Medicare prescription preferred plan will increase monthly premium by 16%. Humana Inc. standard plan will increase by 71%. The ARP Medicare RX Save plan will increase 65%. At the same time Silverscript will lower its monthly premium by 24%.

Medicare prescription drug coverage and health coverage in general are complicated subjects. Please do not let you were open enrollment period pass without researching your coverage.

If you or a loved one has medical malpractice questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens, Staten Island and Westchester County

This may be considered a legal advertisement.

Joseph Miklos
Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Thursday, October 25, 2007

Cervical cancer has new better test?

Cervical cancer has new better test?


The Canadians have completed round one of the cervical cancer screening trial. Preliminary results indicate that a DNA screening test for precancerous lesions is effective around 94% of the time. That is compared to 55% for the Pap test.

Current technology requires a cervical specimen to be analyzed by technicians under a microscope for abnormalities. The new test also requires cervical samples but the procedure is automated to look for DNA variations found with cervical cancer.

The new test when coupled with new cervical vaccines should greatly reduce the amount of occurring cervical cancer. However the new test is not in general usage and there are many cases where cervical cancer is misdiagnosed or if there is a delay in diagnosis.

If you or a loved one has cervical cancer questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens, Staten Island and Westchester County

This may be considered a legal advertisement.

Joseph Miklos
Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www.ask4sam.net

Thursday, October 18, 2007

Methicillin-resistant Staphyloccus aureus

Methicillin-resistant Staphyloccus aureus

The Center for disease control has issued a report estimating the occurance of methicillin-resistant Staphylococcus aureus. The germ has been previously referred to as the superbug and flesh eating bacteria. Unfortunately, once infected with the germ it is extremely hard to eradicate often resulting in a horrible death.

The Center estimates that more than 90,000 people are in fact infected a year. The drug is generally resistant to most antibiotics and is spreading beyond its traditional hospital home. There is now a recognized variation for community acquired methicillin resistant Staphylococcus aureus. That means that the average person is at risk for developing this potentially deadly germ. It is been found to spread in prisons, gyms and locker rooms and in poor urban neighborhoods. Even healthy people can have the pathogen living on their skin or in their noses. Recently a 17-year-old Virginia football student died from such an infection. A story which made the local news.

The report called for better preventative measures. These measures include the limiting of antibiotics improved handwashing techniques and better hygienic procedures among physicians and hospital workers.

We've handled cases involving infections caused by methicillin-resistant Staphylococcus aureus or MRSA. If you or a loved one has medical malpractice questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens, Staten Island and Westchester County

This may be considered a legal advertisement.

Joseph Miklos
Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Tuesday, October 16, 2007

Thimerosal

Thimerosal

A large federal study of the compound Thimerosal found that the mercury-based preservative used in vaccines does not raise the risk of neurological problems in children. The study found no clear link between early exposure to the preservative and difficulties with brain function and behavior in children aged 7 to 10.

Thimerosol has not been used in vaccines since 2001. It is still contained in some flu shots. Children, who were immunized before 2001 or exposed through vaccination by their mother while pregnant received good news. The evidence supports that these vaccines do not cause injury.

It had been thought that the vaccines interfered with the development of speech and language skills, motor coordination and intelligence. In this study the the children will also evaluated for stuttering, attention span and tic disorders such as headshaking,eye blinking, neck jerking . A total of 42 neurological problems were searched for. The study found no causation between neuropsychological damage and the preservative. However, boys who were exposed to high mercury levels had more tic problems.

The study which was performed by the CDC was reviewed by various scientists and statisticians. The study was dissented to by a member of consumer group called safeminds http://www.safeminds.org/. Many of the studies panel were found to have close ties to the drug industry. Was this another case of litigation literature?

If you or a loved one has medical malpractice questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens, Staten Island and Westchester County

This may be considered a legal advertisement.

Joseph Miklos
Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Monday, October 15, 2007

Appendix role uncovered?

Appendix role uncovered?

Physicians at Duke University medical school have published a paper in the Journal of Theoretical Biology claiming that the function of the appendix has been discovered ....possibly.

They postulate that in spite of the fact that the appendix is routinely removed during surgery and people continue to live in good health without them, the appendix in fact has a role. That role is to restore the bacteria of the human body in the digestive system. These bacteria help to digest food. Whenever bacteria in the intestine die or are subject to diseases the useful bacteria is destroyed. The appendix role is to re-populate the digestive system with useful bacteria. The appendix acts as sort of a storage facility used to restore the bacteria.

In less developed countries the rate of appendicitis is lower than in the United States. About 300 to 400 Americans die every year of appendicitis. Patients usually present to the local emergency room with severe abdominal pain, a fever and an elevated white blood cell count is usually found. In it's early stages the pain is usually diffuse and later on centers on one location. Problems usually occur with a delayed diagnosis causing the appendix to rupture and infection to spread within the peritoneal cavity. Our office has handled many cases where there was a delay in diagnosing an inflamed appendix. These patients soon developed peritonitis and sometimes die. The benefits of an early diagnosis can not be overstated.

If you or a loved one has medical malpractice questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens, Staten Island and Westchester County

This may be considered a legal advertisement.

Joseph Miklos
Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Tuesday, October 2, 2007

Office-based surgery protection

Office-based surgery protection


When we think of surgery we think of being admitted to a hospital and being visited by our family and friends. Today however surgery is often performed in the office of a physician without all the safeguards afforded by a hospital. All of that has now been changed.

Governor Spitzer signed a new law protecting patients from outpatient office-based surgical procedures. Whether the procedure is being performed in an office or, and ambulatory surgical center or a hospital new laws now apply. Surgeries performed in a doctor's office were not regulated by New York State. Physicians were not required to be credentialed as they are in a hospital and safety requirements of the hospital need not be followed. The law changed all of that.

The new law requires:

Office-based surgery be performed by physicians in a setting that has obtain and maintains accreditation from entity approved by the state health commissioner.

That operating an unaccredited setting would constitute professional misconduct.

Requires physicians to report adverse office-based surgery events, patient deaths and unplanned hospital admissions within one business day to the Department of Health patient safety Center

Maintains confidentiality with respect to individual reports from the freedom of information Law of discovery.

The new law will allow patients convenient access to medical care and increase efficiency. New safeguards for patient safety will be in place and suspect facilities will be identified.

We've handled many cases of unregulated surgery occurring in the physician's office. We've handled everything from colonoscopies that went awry to plastic surgery procedures which went horribly wrong. The range of misfortunes and mishaps is too extensive to go into here.

If you or a loved one has medical malpractice questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens, Staten Island and Westchester County

This may be considered a legal advertisement.

Joseph Miklos
Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Thursday, September 27, 2007

Play Yard recalls

Kolcraft Enterprises Inc. issued a recall of approximately 400,000 play yards following the death 10-month-old baby. The Consumer Product Safety Commission, http://www.cpsc.gov said that a 10 month old, boy was inside the company's sesame beginnings travel play yard when a restraint strap from an elevated changing table strangled the child in in the main play area.

The company is now recalling about 12 different products used as a play yard. Apparently, all have a similar restraint strap which has been found to be defective. The products have a design defect which poses a strangulation hazard. The products had a warning label on the changing table advising parents not place their children in the play area when the table was in use. The warning label was clearly insufficient.

The play yards was sold around January 2001 through September 2007. The company is offering a free replacement strap for the changing tables. You may call Kolcraft 888 -- 655 -- 8484

The company's website is http://www.kolcraft.com.

The recall involves the following products:

Carter's Lennon Travelin' Tot

Contours 3-in-1 Play Yard

Kolcraft Travelin' Tot

Kolcraft Travelin' Tot LTD

Kolcraft Travelin' Tot 3-in-1

Kolcraft Travelin' Tot 4-in-1

Jeep Sahara SE Play Yard

Jeep Sahara Limited Play Yard

Jeep Sahara XT Play Yard

Jeep Sahara Limited SE Play Yard

Jeep Sahara Limited XT Play Yard

"Sesame Beginnings" by Kolcraft Travel Play Yard

If you or a loved one has been injured by a defective product in New York, please contact the Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens, Staten Island and Westchester County

This may be considered a legal advertisement.

Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Tuesday, September 25, 2007

Breast Cancer Report

The American Cancer Society, www.cancer.org recently released a report entitled Breast Cancer facts and figures 2007 -2008. The report indicates that the mortality rate associated with breast cancer continues to drop highlighting the benefits of early detection and advanced treatments.

The report raised some disturbing trends in medical care as it relates to breast cancer. There were about 178,000 new cases of invasive breast cancer in the year 2007. Another 62,000 cases of localized breast cancer occurred. 40,000 women are expected to die from for their breast cancer. Many if not all of these women are diagnosed in advanced stages of breast cancer.

The death rate among black and Hispanic women is significantly more than among white women. The rate of occurrence among Asians and American Indians remained static. The rate of occurrence among younger women has remained the same since 1986.

Breast cancer remains a life-threatening disease with potentially grim prospects. We rely on medical profession to keep us healthy and safe. Many times that failsafe system lets us down. Many of the cases that our office handles involve breast cancer were an x-ray is misread or a woman's complaints of a lump are not taken seriously. Unfortunately critical time is allowed to pass until a proper diagnosis is made. The defense of these cases often raises the nonsensical idea that an early diagnosis would've been of no value. Who among us would not want their cancer diagnosed six months, a year or longer. Sadly in some cases the jury believes this frivolous defense.

If you or a loved one has medical malpractice questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens, Staten Island and Westchester County.

This may be considered a legal advertisement.


Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Monday, September 24, 2007

Fractured Hip

The New England Journal of Medicine, http://www.nejm.org released a study funded by Novartis about a drug called Reclast. The drug is used to treat osteoporosis.

Up until this time elderly patients lived in fear of falling and sustaining a hip fracture which ultimately resulted in death. The new drug is one that can be given once a year by infusion. This method of administration has as a benefit for convenience of not having to remember to take the medication. A once a year treatment is all that is required.

There are approximately 300,000 hip fractures each year. The fear of breaking one's hip in the elderly is real since approximately one person in five dies within one year of fracturing their hip statistically.

Previously patients were treated with Fosamax or other bisphosphonates. This class of drugs had to be taken on an empty stomach in the morning and eating was a delayed event. The drug was also associated with various side effects and other symptoms. Of course it had to be taken more than once a year.

The drug, Reclast was shown to reduce the incidence of new fractures and to reduce the number of deaths in patient's with broken hips. The standard of medical care has been altered . If there was any doubt about this class of drugs it is now resolved. Physicians must now treat broken hips with the drug Reclast. Failure to do so may result in the patient paying the ultimate price.

The management of a broken hip or osteoporosis has long been the basis of professional liability. The failure to properly manage these conditions is always a source of potential liability. That area of liability has now been expanded to include the use of Reclast.

If you or a loved one has medical malpractice questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens,. Staten Island and Westchester County

This may be considered a legal advertisement.


Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Tuesday, September 18, 2007

Lead Poisoning

Lead poisoning

If you live in New York with small children and lived an apartment there is always a concern with lead poisoning coming from old paint. Thankfully, New York City as well as many other jurisdictions require that the trial be screened as part of their routine pediatric care for lead poisoning.

A simple blood test will reveal whether or not the child is suffering from lead poisoning. Changes in behavior patterns, intelligence and difficulty in paying attention are all signs of lead poisoning. Over the years blood levels of lead concentration have been steadily declining and what is regarded as toxic.

In 1971 they went from 60 to40 mcg per dl
in 1978 they went to 30 mcg per dl
in 1985 they went to 25 mcg per dl

subsequently the safe level has been reduced to 10 mcg per dl by the Center for disease control, www.cdc.gov and the world health organization, www.who.int . Research has raised numerous questions about the safety of even lower levels of lead in the blood.

Extremely low levels of lead have been associated with neurological deficits especially of the intellectual variety. The risk of lead exposure extends throughout the population. However, the ones who we end up representing are generally those between the years zero and two. These young children tend to eat peeling paint chips which tastes like candy and inhale paint dust from windows and doors. The take-home message is that there is no such thing as a safe lead level. You suspect that your child has been exposed to lead, report it to the Department of Health, your landlord and your pediatrician.

If your child has lead poisoning in New York, please contact the Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens,. Staten Island and Westchester County

This may be considered a legal advertisement.


Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Monday, September 17, 2007

American Cancer Society

Today the American Cancer Society, http://www.cancer.org Announced that it will be spending $15 million in advertising related to the issue of providing health insurance coverage to those who have no insurance or very little insurance. In the past the American Cancer Society focused on quitting smoking or getting a screening test such as chest x-rays or mammograms.

This marks a major change in the societies role in shaping health care policy. The society hopes to reduce the death rate by 50% from cancer and reduce the incidence of cancer to 25%. They feel that the lack of insurance is interfering with achieving this goal.

To achieve its goal, the cancer society will advertise on network and cable TV and place ads in magazines and on websites. Curiously no mention is made of reducing the incidence of malpractice which causes a delay in diagnosis and treatment. We've handled many cases in which there was such a delay in diagnosis and treatment all to the detriment of the patient and their families. It cannot be said often enough that an early diagnosis and treatment is key to a successful prognosis and cure.

If you or a loved one has been diagnosed with cancer and have questions about the quality of the medical care you received please call Silberstein, Awad & Miklos' attorneys for answers. Together we will continue our fight against FRIVOLOUS DEFENSES and DECEPTIVE DEFENSES.
Call Toll-free 1- 877- ASK 4 SAM

Friday, September 14, 2007

Pot Luck

The American College of cardiology, http://www.acc.org/ recently released a study linking heart disease to a pot belly. It turns out that "hot bellies" have a large correlation with future heart disease.

The problem centers around the arteries and a buildup of plaque. Young people with a pot belly go on to develop plaque in their arteries. According to the American Heart Association almost 900,000 people die from heart disease each year. We have known that heart disease has been associated with obesity for many years. They've also know that approximately a third of Americans are clinically overweight.

The research from the University of Texas focused on about 3000 people and found that a waste of 32 inches for women and 37 inches for a man represents a significantly increased risk of heart disease. By adding a few inches to the waist the risk of damage from arteriosclerotic disease increased even if the overall body weight remained within normal. Those with large waist to hip ratios were almost twice as likely to have calcium deposits in the arteries of their heart. Those calcium deposits went on to form a arteriosclerotic heart disease.

Doctors need to take note of their patients' waist size early and often and advise weight reduction. Not only is weight reduction of importance but the size of a person's waist becomes important. Changes in lifestyle should be encouraged along with proper diet and exercise. Failure to properly advise a patient may become the basis for professional liability.

If you or a loved one has medical malpractice questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens, Staten Island and Westchester County

This may be considered a legal advertisement.


Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Thursday, September 13, 2007

Malignant melanoma

Malignant melanoma

Malignant melanoma is a form of skin cancer that is almost always fatal in delayed diagnosis situations. When the diagnosis has been delayed the outcome is negatively affected. The Nationall Cancer Institute estimates that more than a million new cases of non-melanoma skin cancer will be diagnosed in 2007 and that less than 2000 people will be die from it. The survival rate is extremely high. Melanoma on the other hand incidences about 60,000 new cases a year with about 8000 deaths associated with it. Every day of the late diagnosis matters.

According to the National Cancer Institute if you have an existing mole you should watch for
changes in the size of the mole
changes in the color of the mole
changes in the shape or feel and
areas of black or black blue pigment in the mole.

Melanoma is quite virulent and usually spreads to other parts of the body such as the liver, lungs or brain via the lymph system. Recent medical advances have made testing of the lymph nodes the standard of care and diagnosis and treatment of melanoma. Sentinel lymph node biopsies are used to check the spread of cancer. Generally, if the lymph nodes have been invaded the patient's prognosis is not favorable.

Our office has handled skin cancers cases of many types. In all they involve a delay in timely diagnosing cancer and promptly instituting treatment. They run the gamut of misreading the biopsies slides to ignoring a patient's complaints with regard to a mole.

If you or a loved one has medical malpractice questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens, Staten Island and Westchester County.

This may be considered a legal advertisement.


Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Tuesday, September 11, 2007

Women at higher risk than men for death following a heart attack.

Women at higher risk than men for death following a heart attack.


The battle of the sexes is over. Women are dying faster than their male counterparts. According to a recent study published in the of the American Journal of Cardiology, volume 98 issue eight. Women have a higher early mortality after acute myocardial infarction than men.

This study involved almost 22,000 patients in 1995 in the Netherlands. They were followed through the national hospital discharge registry. The conclusions was inescapable. In spite of prior studies that indicate men and women suffered from equal mortality and morbidity, women required more postoperative care and more complications than men. This was especially true for women who were younger than 40 years old. In general the women seemed to suffer their heart attacks at a much later stage in life than men.

Women were 70% more likely to die within 28 days of acute myocardial infarction then men. They were 52% more likely to die within five years than men.

These findings are significant since coronary heart disease is the most common cause of death in Western society. Women need to be treated differently from men and perhaps more aggressively. This runs contrary to our experience where women are treated less aggressively.

If you or a loved one has medical malpractice questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens,. Staten Island and Westchester County

This may be considered a legal advertisement.


Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Sunday, September 9, 2007

Cesarean section

Cesarean section is the birth of a baby by an abdominal incision . This is opposed to a vaginal delivery by traditional methods. A cesarean section is considered by the medical profession to be a major operation, and current the risks of infection, blood loss and decreased bowel function. Add onto that the risks associated with anesthesia and the delayed recovery time of about four to six weeks.

Today, there are approximately 1.2 million cesarean sections were 30% of all births performed. These represent 2004 statistics. The trend is rising in alarming proportions. In 1996 the rate was approximately 20% . Federal Government is hoping for a 15% rate by the year 2010.

One factor sparking the trend toward cesarean section is the perceived risk of a vaginal delivery after cesarean section. Indeed, a look at the position the American College of Obstetricians and Gynecologists /http://www.acog.org and the relevant medical literature over the years will disclose a wide swing in recommendations. Medicine has become more acutely aware of the risks of the procedure and the risks associated with related procedures such as induction and the use drugs to facilitate labor. Another factor, is the perceived convenience to the mother, family and health care professionals. Many would argue that there are other factors leading to a rising trend such as fear of liability, rising epidemic of obesity, and a lack of medical vigilance. In any event the cost of a rising C-section rate is being paid for by all in terms of taxes and health insurance premiums.

The medical profession need accept its ability. Cesarean sections should not be offered to women unless there is a valid medical reason. Convenience is not qualified as a reason. The health of the mother, the baby are both must be at stake.

Our office has handled many many cases where cesarean sections have been delayed or inappropriately performed .If you or a loved one has medical malpractice questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens,. Staten Island and Westchester County

This may be considered a legal advertisement.


Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Saturday, September 8, 2007

Breast Cancer

The New England Journal of Medicine, http://www.nejm.org, recently reported in the national study that women who have cancer one breast should get an MRI in the contralateral breast.

This study was performed at the University of Washington medical center, http://www.uwmedicine.org/ involved almost 1000 women who are diagnosed with breast cancer. The women had been diagnosed with cancer in one breast and no cancer in the opposite breast. To confirm the diagnosis of a normal opposite breast an MRI was performed. MRI found possible tumors in 121 of the women. Cancer was confirmed in 30 of the women by biopsy.

Since a positive rate for the contralateral breast was moderate at best the MRI test is suggested to be performed on patients who are high risk for breast cancer. Similarly, since this is a relatively new procedure MRI guided biopsies need to be performed and not all facilities and physicians have the necessary experience or training.

It remains to be seen if health insurance coverage will be available for the MRI procedures. Once again the rich will receive the very best in healthcare.

Our office has handled numerous cases of delays in diagnosing breast cancer. The value of an early diagnosis in cancer cases cannot be overstated.


If you or a loved one has medical malpractice questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens,. Staten Island and Westchester County

This may be considered a legal advertisement.


Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Thursday, September 6, 2007

ovarian cancer

A recent study by the American Cancer Society, http://www.cancer.org, published in the May 15, 2007 issue of Cancer discloses that almost one third of women failed to receive the recommended surgical treatment for the disease.

Data from nine states found they were risk factors associated with the country's population. They were:

Women over 70
African or Hispanic descent
Insured by Medicaid
treated by non-gynecological oncologist
surgeons will perform few ovarian cancer surgeries
facilities that perform 10 or less procedures a year

Many of these risk factors are absolutely inflammatory. People are dying as a result of ignorance or incompetence or both. It is estimated that ovarian cancer takes the lives of 14,000 women in the United States each year. The disease is generally diagnosed at an advanced stage. The five-year survival rate is 30 to 40% when all of the tumor can be resected and falls to about 15% when all of the tumors cannot be resected. Obviously early diagnosis and treatment has a significant effect on survivability. Certainly the right treatment is critical to avoiding the deadly nature of the disease.

If you or a loved one has medical malpractice questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens,. Staten Island and Westchester County

This may be considered a legal advertisement.


Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Wednesday, September 5, 2007

smoking risk

Smoking -- cutting back doesn't cut death risk

Smoking remains one of the most addictive habits known to man with serious health consequences. A recent Norwegian study found that cutting back on the number of cigarettes smoked per day did not lower heavy smokers risk of early death.

The Journal of tobacco control, http://tobaccocontrol.bmj.com/ reported that limiting the amount of cigarettes may be useful as a temporary measure when a smokers trying to quit. However, the only real way of reducing the risk of smoking related health consequences and early death is to go cold turkey.

The news is particularly bad for women. Women who cut back on smoking had a higher death rate than female heavy smokers. Men who are heavy smokers did not have a lesser rate of death than men who reduce their smoking. The message here is not to be misinformed that cutting back on smoking will reduce their risk of disease and early death. Patients who have a history of smoking should follow with their physicians regularly. Early diagnosis and treatment are worth their weight in gold. A smoking history is a red flag for the signs and symptoms of lung disease and related illness.

If you or a loved one has suffered an illness which you believe may be related to smoking please consult with us for answers.

If you or a loved one has medical legal question in New York, please contact the Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens,. Staten Island and Westchester County

This may be considered a legal advertisement.


Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Tuesday, September 4, 2007

College degree

College degree worth $23,000 a year more

The government's Census Bureau, http://www.census.gov/ reported that a bachelors degree is worth about $23,000 a year more. That is compared to those with a high school diploma. According to the most current data of 2004 college graduates made an average of $51,554 compared to 28,645 for those with a high school diploma. High school dropouts earned an average of $19,169 and advanced college degree made an average of $78,093.

85% of people 25 and older had at least a high school diploma or the equivalent in 2005. In 2000 80% had a high school diploma or high school equivalent and little more than half in 1970. The trend for more education is going upward. We seem to be graduating more high school graduates and not as many college graduates.

Minnesota, Utah, Montana, New Hampshire and Alaska had the highest proportion of adults with a least a high school diploma about 92%.

Connecticut Connecticut had the highest proportion of adults with the least of bachelors degree (37%) followed closely by Massachusetts, Maryland and New Jersey

Nearly 47% of adults in Washington, DC have bachelors degree

Texas had the lowest proportion of adults with the least a high school diploma about 78% followed by Kentucky and Mississippi. Texas also has one of the highest death penalty statistics in the nation.

West Virginia had the lowest proportion of college graduate at 15%. It was followed up by Arkansas, Kentucky and Louisiana.

In a personal-injury case including a medical malpractice case in New York damages are determined in part by the amount of earnings that are lost. Obviously, in states like New York which do not allow hedonistic damages in wrongful death cases the amount person would have earned it is significant. Be sure your lawyer is claiming the latest lost wage data from the Census Bureau.

If you or a loved one has medical malpractice questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens,. Staten Island and Westchester County

This may be considered a legal advertisement.


Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Monday, September 3, 2007

Unnecessary Angioplasties

Most angioplasties unnecessary

The New England Journal of Medicine August 12, 2007 http://content.nejm.org/ reports more than half a million people a year with chest pain are getting unnecessary or premature procedures on clog arteries. The article goes on to report that drugs are just as effective in treating chest pain as angioplasty. The drugs are generally available in generic form and are inherently cheaper. Angioplasty procedures generally costs around $40,000. The study found that angioplasties did not save lives or prevent heart attacks in nonemergency heart patients. Angioplasty was found to result in only slight and temporary relief from chest pain. At the end of five years there was no significant difference in symptoms. This paper was presented at the American College of cardiology. http://www.acc.org/

Angioplasty is generally done an an emergency basis to relieve chest pain caused by clogged arteries. Experts are now saying that patients should try drugs first then if they do not help consider angioplasty at a later time. In this study only one third of patients required angioplasty. You are not at risk for death or a heart attack if angioplasty is deferred is the message.

About 1.2 million angioplasties are performed in the United States each year. The procedure generally involves inserting a tube through the groin to a blocked heart artery. The balloon is inflated to flatten the blocked vessel and a mesh stent is usually placed. Stent makers did not participate in the cost of the study and well respected physicans are disputing the study's results. No wonder with millions of dollars at stake and patient's health.

If you or a loved one has medical malpractice questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, www.ask 4 sam.net, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens,. Staten Island and Westchester County

This may be considered a legal advertisement

Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam
www. Ask4sam.com

Saturday, September 1, 2007

An aspirin a day

Reuters health recently reported on the regular use of aspirin as compared to other nonsteroidal anti-inflammatory drugs. It appears that aspirin reduces the incidence of cancer and cancer related death especially among former smokers and those who have never smoked. The non steroid anti-inflammatory drugs include such things as ibuprofen and naproxen which are usually available over-the-counter. When compared to no aspirin use regular aspirin was associated with a 16% lower risk of cancer and a 13% lower risk of cancer death. The correlation was strongest among former smokers and those who have never smoked a cigarette. Aspirin has long been known for protection against coronary heart disease and overall mortality rates the non steroid anti-inflammatories did not show any benefit with regard to heart disease, death mortality or cancer. The study raises intriguing results about the role of aspirin on a daily basis. The use of aspirin should be discussed with your physician. The findings were reported at the hundredth annual gathering of the American Association for Cancer research in Los Angeles. www.aacr.org