Tuesday, July 14, 2015
Many trucking accidents are caused by errors on the driver’s part. These usually happen when driver’s senses or mental faculties are impaired to some extent. If you were involved and injured in a collision with a big rig, seek help from a Long Island personal injury attorney immediately. They would know how to identify a truck drivers’ error and help you pursue compensation for any injury or damage you might have suffered. Here are some of the most common truck driver errors that lead to road accidents.
According to the American Academy of Family Physicians, three to six percent of adults, or roughly 15 million people in the United States, are affected by CTS or Carpal Tunnel Syndrome. Research has found that the main cause of this injury is repetitive hand and wrist movements. Construction workers who repeatedly use the same tools every day are among the most common victims of CTS, along with office employees, agricultural workers, mechanics, locksmiths and assembly line workers. If you were diagnosed with CTS due to your working conditions, consult a Long Island personal injury lawyer about claiming compensation.
Monday, July 13, 2015
"When you take medication prescribed by your doctor, do you bother asking what the drug is really for? Probably not. Beware, though: the drug you’re taking may not actually be FDA-approved for your specific ailment. Got stage fright? You may be taking a blood pressure pill. Can’t sleep? You may be using an antipsychotic drug. Now before you call the medical board, you should understand that this practice, called off-label prescribing, is legal and common. When a drug is used off-label, it means that the drug is used for a different medical condition other than what it’s approved for. It may be given to the patient differently, e.g. injection instead of oral. The dose prescribed may not follow what’s indicated on the label. Also, a drug approved for a specific stage of a disease may be used at a different stage. In any case, the practice deviates from what’s specifically indicated on the FDA-approved label."
"Conventional wisdom dictates that when it comes to rear-end collisions, the tailing driver is always to blame. This is mainly due to the assured clear distance ahead (ACDA) rule that requires a driver to maintain a clear distance with the vehicle in front of him to avoid a crash should the said vehicle comes to a halt. This is why he is expected to come up with a reasonable excuse why he rear-ended the front vehicle. Although most people believe that the analysis of a rear-end collision ends there, there are many ways this can be challenged, which often results in shared fault. Here are some excuses that have been accepted by courts."
Sunday, July 12, 2015
More and more people are becoming aware of personal injury cases, but the question is, when and how personal injury cases should be filed. Some injuries, like a traumatic brain injury, may be serious enough to make filing for claims against the negligent party a logical move. Some cases, however, are not as cut-and-dried. To learn if you have a case, the best thing to do is to consult a seasoned Long Island personal injury attorney, who will review your case thoroughly and guide you on the next step to take. Here are some things you need to look into when considering filing for personal injury claims.
"Personal injury is a case that someone can file if he/she suffers harm due to someone else’s mistake or negligence. The plaintiff may sue persons who may be both directly or indirectly involved, as long as they played a role in the event that caused the injuries. Take for example the box truck accident that happened in Queens in April this year. According to a witness, the truck driver was trying to beat a red light and unexpectedly smacked into a Honda, and then a school bus, and finally ran into a fruit market where one woman was unfortunately pinned under the truck. The accident also injured a child, who was immediately transported to the nearest hospital. In this situation, the child and the woman are both eligible to file a case and demand for compensation to cover their medical bills and other expenses related to their injuries. If the woman is unable to work for a certain period in time due to her injuries, the truck driver, or the trucking company must also pay for her lost
Saturday, July 11, 2015
Many doctors and health professionals often advice their patients to carefully read the warning labels on the medicine bottles before taking the drug to prevent their condition from worsening due to side effects. Sometimes, however, medicine bottles have inadequate information on their warning labels, which can lead to someone being injured. The drug’s manufacturer is usually at fault in these cases because they have failed to warn the consumers. If you are a victim of such circumstance, you can take legal action against the manufacturer with the help of an experienced Bronx personal injury attorney.
"Gastric bypass surgery may be recommended for some obese people in a bid to shed as much weight and skin as possible. However, as with any other type of surgery, the procedure carries its own risk, and when it results in lasting brain injuries, legal action against the medical professionals who performed the procedure may be in order. Giles Bruce of The Times in Indiana said such a scenario became reality for a woman, who successfully sued two Illinois surgeons for a gastric bypass surgery tragedy. The situation may have happened in the Midwest, but the fact that it was about bariatric surgery is enough to raise concern among obese New Yorkers wanting to get back in shape. Many of the Big Apple’s leading hospitals already offer weight-loss surgery with resounding benefits eclipsing the risks. Any injury that stems from professional errors should never be let off the hook, however, and seeking justice for it is a job that a medical malpractice and personal injury lawyer in Brooklyn, l
Friday, July 10, 2015
Personal injury is a case that people can file when they suffer injuries or damages from the mistakes of others. In some cases this can take the form of serious complaints such as medical malpractice, car collisions resulting in grave physical injuries or death, and birth injuries that have endangered the lives of both mother and child. Personal injury, however, is not only limited to these. Some cases that have been filed under personal injury include common mistakes that may not have caused grave injuries, but still resulted in harm on other people. Anyone in the city who is injured or experienced property damage due to someone else’s mistake or negligence can approach a personal injury lawyer in Bronx, NY and seek legal help.
"Personal injury cases are filed when someone is injured as a result of another person’s mistake or negligence. Among the many grounds for personal injury cases, truck-related accidents are one of the most common. In 2013, the New York State Department of Motor Vehicles reported that large trucks were behind 11,452 crashes, of which 7,530 resulted in property damage, 3,828 caused non-fatal injuries, and over 94 led to deaths. Any form of vehicular accident is dangerous, but the level of danger multiplies when there are trucks involved because of their size and power. Human error is often a factor in truck accidents, with driver inattention and tailgating on the top two of the list. Anyone who was injured due to a truck accident must immediately report the incident to the police and seek the help of a personal injury attorney in Brooklyn, NY to file a claim. "
Thursday, July 9, 2015
In many personal injury cases, medical records, police reports, and eyewitness accounts are enough evidences that can strengthen a plaintiff’s case. However what if the reason behind your injury is a product that you have bought? The most important thing to remember is that, as a consumer, your safety should always be upheld by all manufacturers and distributors. Once a product is on the shelf of your local grocery, you can assume that it has passed all necessary inspections. If any complications arise from consuming or using the product, the manufacturers and/or sellers of the product may be held liable. If you ever find yourself in this situation, or suspect you may have been harmed by a bad product, get in touch with experienced Brooklyn personal injury lawyers immediately to find out if you have a case.
"Some major pharmaceutical companies are under fire for alleged defective drugs. The cases involve medications that have been prescribed for years as well as drugs that were only recently approved for patient use. Meanwhile, thousands of consumers across several states have complained about these products. When you look at these cases, you can see how the alleged effects of the defective drugs impact settlements and compensations. If you have similar complaints, you might want to consult a practiced injury lawyer in Brooklyn who can help you understand how big the stakes are depending on how severely the drug affected your life. If numerous other patients have suffered what you experienced or have sued a drug company with the same complaints, you can review what outcomes you can expect from your case."
Wednesday, July 8, 2015
"For years, the National Football League has been criticized for not taking the appropriate action and ignoring the number of retired professional football players suffering from traumatic brain injuries. They also were vehemently disputing evidence that their players had a higher rate of severe brain damage until only recently, when they finally relented into providing payments of up to $5 million for every player suffering from brain injuries. When playing rough sports like football, athletes always find themselves at risk of getting hurt or injured. Sustaining traumatic brain injuries can be grounds for a personal injury claim, which you can get compensation for with the help of a trusted Brooklyn personal injury lawyer."
"Many people suffering from depression turn to antidepressants to alleviate their symptoms, such as drugs like Zoloft and Paxil. However, there have been a lot of lawsuits and claims placed against these drugs, especially among pregnant women, on the grounds that it allegedly caused birth defects on their babies, as well as unpleasant side effects on the mothers themselves. When antidepressants become a bigger cause of harm than good, you can go after the doctors or manufacturers with the help of Brooklyn personal injury lawyers for compensation over these defects. First, you should know what undesirable side effects and serious health risks are posed by a number of antidepressants available in the market today."
Tuesday, July 7, 2015
Being involved in a car accident, whether minor or major, is never a good thing, especially when this caused you injuries. Should you ever get involved in one, do know that when it comes to personal injury claims stemming from a car accident, New York courts follow the “no-fault” insurance law for minor injuries. Otherwise, a claim can be made against the driver at fault for more serious injuries. Either way, you can be compensated for your injuries and lost income. All it takes is for you to talk to a Brooklyn personal injury attorney for help.
"While hospitals are providers of both inpatient and immediate medical care, urgent care facilities cater to patients that only require brief minor treatments. In fact, more individuals have their illnesses diagnosed in urgent care facilities. This amounts to 950 million visits in doctor’s offices per year, according to the Centers for Disease Control and Prevention (CDC). Urgent care medicine (UCM), otherwise known as the outpatient care setup, refers to overall healthcare services for immediate treatment of severe illnesses and injuries. The close collaboration of UCM specialists and primary physicians ensures the efficiency of medical care in urgent care centers. A recent study, however, has found many medical malpractice cases among UCM providers as well, which warrants the help of experienced Manhattan medical malpractice lawyers. "
Monday, July 6, 2015
"In 2014, more than $12 billion were spent on surgical and non-surgical cosmetic procedures, according to the American Society for Aesthetic Plastic Surgery (ASASPS). Although most plastic surgeries had been safe, there were victims of bad surgery who suffered botched results due to the provider’s negligence or inadequate training. As in any other kind of surgical operation, the patient virtually entrusts his/her life—and physical beauty—to the plastic surgeon and the latter has the obligation to deliver the desired outcome safely. If, for some reason, the surgeon fails to deliver as expected, resulting in injury to the patient, a medical malpractice claim is in order."
"In their code of ethics, it is stated that nurses’ role in healthcare is to provide optimal care and to help in promoting and protecting the safety and health of patients. Unfortunately, hospital and treatment errors, including those involving nurses, are still considered a serious problem in the United States. A 2013 article by the Patient Safety America, Houston, Texas puts the number of deaths “associated with preventable harm in hospitals” at around 400,000 per year. If you or someone you know may have been a victim of these “preventable harms” brought about by negligence on the part of doctors, nurses, or anyone else in a hospital’s staff, do not hesitate to get in touch with an established NY medical malpractice lawyer to seek just compensation. "
Sunday, July 5, 2015
It’s bad enough that someone has a medical condition, but sometimes this can be made even worse by pharmacy errors. There are times when pharmacies give the wrong medication or the wrong dosage, which would spell bad news for the patient. According to MedicineNet, “Approximately 1.3 million people are injured annually in the United States following so-called "medication errors".” Meanwhile, CNN says that according to the National Patient Safety Foundation, “Every year in the United States, 30 million dispensing errors out of 3 billion prescriptions occur at outpatient pharmacies”. People who are victims of these situations should get help from medical malpractice lawyers in NYC.
When a person is injured while under the care of the healthcare staff of a hospital, it is possible to sue for negligence or medical malpractice. This does not only apply to patients, but to the members of the health team as well. This was the case with the nurse who was the first to contract Ebola in the United States. She recently filed a suit against a hospital where she worked because, according to the NY Times article, “[…] it [the hospital] knowingly left workers without the training or equipment needed to handle the disease.” If you believe that you have a case against a hospital or healthcare institution, then a medical malpractice lawyer in Long Island can help you out.
Saturday, July 4, 2015
"According to an article posted on Live Science, a study in 2014 showed that “At least one in 20 U.S. adults, or 12 million people yearly, may be misdiagnosed when they go to see their doctors […]”. An incorrect diagnosis would lead to an incorrect or delayed treatment, which can ultimately make the patient’s condition even worse than it originally was or even put their life on the line. Note that in some cases a mistake in diagnosis alone is not sufficient for a lawsuit, so it’s best to have a New York medical malpractice lawyer review the specific case. When it comes to diagnostic errors, the doctors are not held legally responsible for all cases. One of the key questions in determining a medical malpractice is whether the doctor did or did not adhere to the professional standard of care—a type or degree of care that must be given by a competent practitioner. This means that under the same circumstances, a doctor should do what any reasonably skilled doctor would."
"Last February, NBC New York’s I-Team conducted an investigation on incorrect prescriptions and found disturbing results. There’s no concrete system in place to track pharmacy errors. This makes people like Cheryl McGuire, featured on the report, among the victims of an estimated 30 to 50 million cases of incorrect prescriptions every year. A prescription for an inflamed muscle turned into unwanted hair loss. Even her mother thought that four pills twice a day from the local Wal-Mart was a tad too much."
Friday, July 3, 2015
"A family in Georgia is appealing the decision that favored the local hospital that misdiagnosed a hematoma as a simple scalp contusion. According to court documents published by FOX 31, six-month-old Keira Pech suffered a large bump after falling off her bed in 2007. She was taken to Phoebe Putney Memorial Hospital in Albany, GA, only to be discharged with a “minor injury”; however, three days later, the parents found out that her contusion was anything but—Keira had a serious subdural hematoma."
"ProPublica’s ER Wait Watcher gathers data on treatment times of hospitals around the U.S. As of January, 2015, New York ranks fifth in average time a patient spends waiting in the ER at 33 minutes. If the patient needs to be admitted into the hospital, it will take an additional 2.5 hours, which is fourth in the country. The national average wait time is 24 minutes. Although no data on several dozen hospitals in the state could be gathered, 22 hospitals made ER patients wait for 60 minutes or longer. The top-seeded hospital made patients wait for over two hours. Experts pointed to the sudden rise in admissions over the past few years, combined with the closure of select departments in hospitals."
Thursday, July 2, 2015
"Discovering that you or a loved one has cancer tends to bring about an epiphany of sorts, but what if the cancer was already at its later stages? Accountability and compensation for a misdiagnosis are in order if the court discovers this to be the case. A report on Hawaii News Now concerned the case of flight attendant Jeff Kim, who was awarded a large sum for a hospital’s failure to diagnose a tumor. When viewed through the lens of New York’s oncologists, the report is no doubt unnerving, considering that the Centers for Disease Control and Prevention lauds the Empire State’s low cancer mortality rates despite a high frequency of diagnosis. Figures from the New York State Public Access Cancer Epidemiology Data also show that the four most common forms of cancer – lung, prostate, breast, and colon – affect people of Caucasian, African-American, and Asian/Pacific Islander descent between 50 and 80 years old. "
Every child needs all the care and resources their parents can provide so they can learn new skills and talents at an early age. When they have more problems trying to comprehend information than other children their age, however, evaluation by licensed medical practitioners might reveal that the delays came as a result of birth injuries. This may compel parents to hire capable New York birth injury lawyers and hold a certain party accountable. In an article for Healthy.Net, writer Viola Frymann said traumatic births account for almost 80% of all children facing developmental delays. New York City already acknowledges issues with children afflicted by developmental delays through its Developmental Delay Infant Services department. You should know, however, that even with the variety of services available, there’s a chance that some issues may not be evident. That’s why it will be up to a lawyer like Atty. Joseph M. Lichtenstein to convince the court to favor compensation.
Wednesday, July 1, 2015
"The above issue can broadside couples in New York City who want to pursue this natural delivery method, which takes place inside a special tub. Some healthcare centers in Manhattan already offer water birthing services, with the Mt Sinai Roosevelt Hospital prominent among them. A number of NY physicians, however, agree with a joint American Academy of Pediatrics/American College of Obstetricians and Gynecologists statement on the procedure’s lack of long-term benefits for both mother and baby. If complications arose during the birthing process, the road to redress starts with hiring a veteran New York birth injury attorney, such as someone from the Law Offices of Joseph M. Lichtenstein. "
"Cerebral palsy is a common disorder among Americans; around 500,000 people suffer from the condition in this country alone. However, just because it’s common doesn’t make suffering from it an easy affair. This is especially so for those who experience it from birth as well as those who take care of the afflicted. That's why if you think your doctor was in any responsible for your child's cerebral palsy, then consulting with an expert New York birth injury lawyer should be at the top of your list of steps. "
Tuesday, June 30, 2015
When people think of calling for a Bronx birth injury attorney, they often look for one immediately after the child is born. However, some types of damage are hard to notice; a baby may seem fine for the first few months, but there may come a time that the child’s parents would start to notice something wrong in the way their child is developing. Every child develops at their own pace, but there are benchmarks that children should to meet after a given time. For example, a child should be able to use single words by 12 months of age; if they miss this, it is a sign there is something wrong.
"For many prospective parents, their baby is their foremost concern. A birth should be a time of happiness and joy; however, for some, it isn’t. Some babies come out hurt or damaged because of various factors. One of these is medical malpractice, which is when a doctor or a medical professional makes a mistake in treatment. This is when parents should start looking for a birth injury lawyer for New York City residents. "
Monday, May 11, 2015
The brain is the control center of the body, which is why it is one of, if not the most important organs. Any injury to it can have serious repercussions to a person, affecting his abilities and, ultimately, his life. TBI One of the common categories of brain injury is TBI (traumatic brain injury), also known as intracranial injury. The Center for Disease Control and Prevention (CDC) indicates on their website that TBI is classified as a major cause of disability and death (about 30 percent of all injury deaths) in the United States. On a daily basis, 138 Americans die from injuries that include TBI. People who survive can suffer from effects that can last a few days or disabilities that they’ll carry for life.
A total of four construction workers were hospitalized after an interior demolition accident occurred in Manhattan, as reported by PIX11. The emergency response team said that a wall apparently collapsed at the site. They were taken to the Bellevue Hospital with serious but non-fatal injuries. The owner of the building where the accident happened stated that the workers were in the middle of removing a large chandelier as part of the interior demolition job. Construction Safety There are many laws and regulations regarding safety in the workplace. OSHA (Occupational Safety and Health Administration) records that construction is one of the industries with the highest number of accidents, the most common of which is falls, making up about a quarter of all claims filed. The nature of construction work makes it dangerous, indeed. As such, it’s really important for employers and owners to be completely compliant with all the regulations.
Sunday, May 10, 2015
An unidentified 22-year-old construction worker was buried by dirt in the construction site he was working on, as reported by DNAinfo New York. The man was a member of the construction crew that dug below the foundation of a building in the Meatpacking District and made a wooden support structure. As he tried to get out, dirt fell and buried him up to his neck. When the emergency response team dug him out, he was no longer breathing. He was rushed to the hospital, but was pronounced dead later on. Investigation of the incident is currently ongoing.
Liability is usually divided among parties involved in a construction accident based on their court-determined degree of fault. Oftentimes, this is the only way for the injured worker to recover his loss from treatments, but what happens when intoxication factors in the picture? The AlcoholRehab.com lists construction workers as the second highest users of illegal drugs and other substances. Many companies have recognized the risk associated with workplace intoxication so they implement alcohol and drug-free workplace policies. Should an accident arise, intoxication is often one of the best defenses to reduce, if not completely avoid, liability.
Saturday, May 9, 2015
Are you a victim of car accident in New York? If so, it is important to note that the defense will try to limit their liability by proving that the plaintiff shares responsibility in the accident. Thus, it would be very helpful that you know about the defenses the opposing side may employ to weaken and invalidate your case. Every person on the road is expected to practice due diligence to protect their own safety and that of others. Instances when a victim may be considered negligent include speeding while driving, riding with someone they know is unfit for driving, or being in a car they know to be defective, distracting the driver of the car, making unexpected movements as a pedestrian, and others.
Putting on makeup, drinking coffee, changing shoes, going online—these are just some of the seemingly mundane things that many Americans are doing behind the wheel. But did you know that any form of distraction that takes your focus away from the road or the controls even in just a matter of seconds can lead to more injuries and fatalities than driving under the influence? If you or someone you know is suffering from an injury after a car accident in New York due to distracted driving, find a Bronx, NY personal injury lawyer who can help you get compensated. Distracted driving habit is particularly high among teens who combine the toxic combo of less driving experience and higher tolerance for danger. A PopSugar.com article published a study by AAA Foundation for Traffic Safety analyzing 1700 videos of teen crashes that showed that a large percentage of vehicular accidents were due to distractions that were caused by the driver or the passengers, and due to activities.
Friday, May 8, 2015
When you or someone you know was a pedestrian victim in a truck accident, speak to a practiced Brooklyn injury attorne"One day around the middle of March this year, a teenager was badly hurt in a truck accident in the Bronx area. The U-Haul truck crossed an intersection amid a yellow light and hit the 17-year-old boy, who was on his way to school that morning. The impact of the crash sent the boy flying about 10 feet from the spot where it happened and left him critically injured. Later on, police discovered that the driver of the truck, Efrain Rodriguez, stole the vehicle and was high on methadone at the time of the accident. Past records show that Rodriguez had at least 16 previous suspensions on his license. He also caused significant property damage on the way to the street where it happened and after the crash with the boy, which was followed by the truck’s collision with a parked car and the two vehicles’ crash into the adjacent salon.
Accidents are sometimes inevitable. Despite it being completely unintentional, negligence and defective products can cause serious injury to a person. Brooklyn laws state that the manufacturers of the malfunctioning item should be held liable for any injuries their products may cause, and the victim has the right to sue the company and demand for financial compensation in return for all the expenses accrued because of the incident. Substandard car parts, faulty construction equipment and hazardous drugs are only a few examples of defective products that have resulted in unwelcome accidents and injuries. Since the manufacturers are the ones being sued, most of these defective product class action lawsuits involve going against large corporations. Filing a lawsuit against a company is not something you can simply do on your own; it requires the legal knowledge and expertise of experienced Brooklyn personal injury lawyers.
Thursday, May 7, 2015
In the aftermath of a construction site accident, a victim might deliberate on whether he or she is in need of a personal injury attorney. Medical bills can be quite overwhelming, and losing the ability to work because of an injury could result in further financial setbacks. Receiving compensation will significantly help you recover from financial losses and the injuries you have sustained due to the accident.
While some minor accidents can be handled by the insurance company with little difficulty, the more serious ones would necessitate professional or legal help. In a major construction accident in the New York area, the most important reasons why you should seek the advice of a personal injury lawyer near Brooklyn is that the latter knows the laws of the state that apply to your injury and that he/she has ample experience when it comes to cases involving severe accidents.
In a city of about 8.5 million people (a national population already in some countries), it’s easy to have overcrowding problems. The traffic situation in New York City, particularly in its major districts, are world-known, and it has become a concern, especially since it’s making car accidents more common and costlier these days. In fact, the advocacy group Transportation Alternatives found that car crashes take out about $4 billion from the city’s economy. That’s roughly 1% of its Gross City Product. The accidents bring a multitude of hefty costs, including medical expenses, repairs for property damages, and emergency services. The victims can sustain minor injuries or suffer disabling injuries, end up in a critical condition, and even die right after the car accident. The total costs of property damage and personal injury for each person can easily go up to tens of thousands or even millions.
Wednesday, May 6, 2015
Is 2015 shaping up to be the most fatal year in terms of construction accidents in New York City? It may be so, especially with the reports coming out of concerned agencies. The Department of Buildings, for instance, has noted that at least seven people have died in construction accidents in the city within the first four months of 2015 (there were only 8 in total in 2014). The number of deaths may seem small, but the total instances of accidents and injuries are far larger. Data from the same agency shows that from July 2013 to December 2014 (2 fiscal years), 336 people were injured in NYC construction accidents. Construction workers and pedestrians alike are included in this number.
Car crashes, combat, construction accidents, and collisions during sports events can all result in traumatic brain injury or TBI. Stats from the Centers for Disease Control and Prevention show that annually, around 1.7 million Americans suffer the injury. Emergency surgery, medications, and complex procedures are usually required to revive and stabilize the patient’s condition. Despite effective treatments and long, gruesome recoveries, it is not uncommon for the brain injury sufferer to lose some basic physical and mental functions (temporarily or permanently). In some cases, the injury may not be revealed right away, and it can become serious before suspicion arises. For instance, a serious brain disorder like chronic traumatic encephalopathy or CTE can develop over time after a series of concussions. CTE is a neurological impairment that occurs after recurrent head trauma. It produces symptoms comparable to dementia, such as memory loss, depression, and fits of anger.
Tuesday, May 5, 2015
In MedPage Today, writer Shannon Firth discusses a trend in medical malpractice payments, as reported by consumer group, Public Citizen. The report cites data from the National Practitioner Data Bank (NPDB), which show that the amount of payments made to malpractice victims or their families had gone up slightly in 2013 compared to 2012 figures, but was far less than the amount paid in 2001. What Public Citizen found alarming about this was that the number of malpractice incidence has not gone down, and, according to them, ""the actual crisis over avoidable medical errors is worse than we ever knew. Public Citizen believes the decline in medical malpractice payments was the result of intense clamor by medical practitioners to set caps on medical malpractice payments, which the consumer group finds disturbing.
A reform psychiatrist, Dr. Peter Breggin, writes on Huffington Post regarding the medical malpractice case of a 51-year-old high school basketball coach, teacher, and assistant principal, Joseph Mazella who suffered from a self-inflicted death. Mazella had been taking Paxil for his anxiety and depression as prescribed by their family physician, William Beals, M.D. without even having physical consultations with him. Despite Mazella following their physician’s prescription, he started to feel anxious and depressed again, which made his wife, Janice, consult with Dr. Beals again. Beals suggested doubling the amount of Paxil intake along with the addition of Zyprexa (olanzapine), an antipsychotic drug. This, unfortunately, caused the patient’s death by overdose a month later.
Monday, May 4, 2015
Last August 15, 2014, 59-year-old Marie Jeanty, health care worker at Far Rockaway Nursing Home, viciously attacked her unnamed and bedridden 80-year-old patient. According to Eli Rosenberg's report in the New York Daily News, the victim was punched by Jeanty on her arm and shoulder, and then was pushed off the bed rail. The victim, bedridden at that time due to osteoporosis, arthritis, and bone marrow disease, suffered from a black eye and swelling on her face and arm because of the incident. She was treated at the St. John’s Espiscopal Hospital.
In May of 2011, Ashanti Norals was just a simple, athletic girl who enjoyed life, when she entered the hospital for fever and an unexplainable pain in her right leg. Somehow, the doctors who attended to her did not address the obvious signs of infection she was going through and did not immediately administer antibiotics. When they finally did, it was too late, and Ashanti lost four limbs as a result of a botched sepsis diagnosis. Ashanti’s mother, Erica, filed a suit against the hospital and the five doctors involved in her care, and was able to settle for a total of $35 million damages one year after the suit was filed. While Ashanti’s sepsis might have come from an infection resulting from a fall she recently suffered, sepsis may also be acquired while in hospital care. Medically speaking, sepsis is a condition wherein an overwhelming immune response to an infection causes inflammation in the body, leading to multiple organ failures and even death, if not treated immediately.
Sunday, May 3, 2015
Medical practices had undoubtedly improved during the past few years, with the latest technologies at their arsenal, brought about by the need to provide a safer patient experience in hospitals and other medical care facilities. Looking back decades ago, however, some of the conditions were much different than they are now. Lack of Supervision Though the case had happened more than 30 years ago, medical malpractice lawyers in Long Island and other places in the country still find Libby Zion’s case relevant until now, especially regarding the issue of lack of supervision in hospitals. In March of 1984, Libby Zion, who was experiencing a bout of fever and chills, was admitted at the emergency room of the New York Hospital. Libby said that she had been taking Nardil, an antidepressant, and when asked if she was taking any illegal drugs, she said she wasn’t.
A surgical procedure poses enough risks on a patient’s life; what more if the operation was done incorrectly? In an analysis made last year in the journal Patient Safety in Surgery, it was shown that 46 to 65 percent of adverse incidents in hospitals are surgery-related. Whether the physician failed to practice sufficient care, or performed the wrong surgery, these cases can be grounds for a New York medical malpractice claim, particularly if the operation made the patient’s condition worse or led to new health and medical problems.
Saturday, May 2, 2015
You probably had your first encounter with a primary doctor as a child, when your parents would take you to the same doctor they also saw for their own health concerns. A primary care physician (PCP), sometimes called the family doctor, generally practices preventive medicine, and looks after the overall health of individuals and families on a regular basis. However, if you have been suffering some symptoms, and several visits to your PCP have not yielded a diagnosis, this most likely warrants the attention of a specialist. When a patient has been found to have a more complex illness, it is normal for the PCP to refer him to a specialist. In a report from the Archives of Internal Medicine, physicians’ referral to specialists have greatly increased from 4.8% to 9.3% between 1999 and 2009. The process of necessary referrals is significant for a patient’s health, and failure to do so may put the physician at risk of liability.
One thing has to be proven in a medical malpractice case: the health care professional fell short of providing the medical standard of care to the patient, which led to harm or injury. Despite its legal definition, medical standard of care is still subject to various interpretations. For this reason, it would be difficult to seek damages from a medical malpractice without legal help. According to the law, medical standard of care is “type and level of care an ordinary, prudent, health care professional, with the same training and experience, would provide under similar circumstances in the same community.” With the technical terms involved in medicine, the testimonies of expert witnesses are often required to explain to the jury and the court how the defendant may have failed in providing this medical standard of care. For any medical malpractice case to flourish, the witness that the victim’s lawyer presents in court has to be highly competent and credible.