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.
Friday, May 1, 2015
Despite various innovations in modern medicine, medical malpractice cases remain one of the leading causes of deaths in the United States. When medical practitioners are found to perform below the medical standard of care, they are liable to damages that often lead to complicated lawsuits. Cases may be as minor as a simple error or as tragic as a wrongful death. In a medical malpractice claim in New York City, the plaintiff, with the help of an experienced NYC medical malpractice attorney has to prove that care or treatment given by a health provider fell short of the medical standard of care in his field, which caused evident harm. In legal terms, medical standard of care is defined as the “the 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.”
Anesthesiologists don’t only administer anesthesia to patients, but they have other tasks as well, such as monitoring the heart rate, blood pressure and other vital signs. There are times, however, when they fail to do their part. This could have serious repercussions and lead to other serious problems. When there is negligence on the part of the anesthesiologist, a medical malpractice lawyer in Bronx should be consulted. One recent case involves comedienne Joan Rivers, who died after a cardiac arrest last year during a routine throat procedure. On top of everything else that allegedly went wrong during the procedure, medical records showed that Rivers was given 300 milligrams of the anesthetic Propofol, which one of the anesthesiologists in the team denied.