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December 2014 Archives

How to know when to get a new doctor

As medical malpractice attorneys, we hear a number of stories about doctors who make mistakes. Some of them are quite tragic, as they are errors that should never be made. Others are fairly common, as they are a reflection of disorganization or poor judgment.

Car accident injuries you may have questions about

In a prior post, we highlighted the possibility that drivers in our region could be involved in a car accident. During this time of year, the convergence of poor weather, higher volumes of traffic (commonly around shopping centers), and drunken drivers can make the holiday season dangerous. Because of this, drivers must be especially vigilant in order to avoid car crashes.

Could defective coffeemakers lead to injuries?

If you are fortunate enough to find a new Keurig coffeemaker under your tree on Christmas morning, you may have to promptly bring it back to the store. According to a recent ABC report, Keurig has issued a recall for its Mini Plus Brewing Systems. The recall could affect nearly 7 million machines sold in the United States and Canada.

What is the recovery process after a brain injury?

Brain injuries are arguably the most serious and life altering injuries a person can suffer. Because the brain controls so many functions (physically and emotionally) and is not tested as often as other parts of the body, researchers are only scratching the surface with understanding how the brain works and who it may heal over time.

Parents should beware of toxic toys

With this weekend being the last before Christmas, toy retailers such as Toys R Us are pulling out all the stops to get consumers into stores for one last shopping push before the big day. Basically, some stores pledge to be open continuously until Christmas Eve.

Super Saturday could be harmful to consumers

In what is poised to be the biggest shopping weekend of the holiday season, retailers appear to be ready to pull out all the stops to bring out shoppers. A number of stores are advertising their willingness to stay open continuously until Christmas Eve, and others are rolling out big discounts to get people off of their couches and into the stores.

Can midwives testify against nurses in birth injury cases?

In medical malpractice cases, expert testimony is critically important. After all, an expert must testify as to the standard of care expected out of a medical professional and what a reasonable physician, nurse or attendant should have (or would have) done in a given situation. As such, a surgeon would likely serve as an expert witness in a matter involving a surgical mistake. A sports medicine physician would likely testify in a matter involving an athlete’s malpractice claim.

Helpful tips to avoid being in a truck accident

Depending on whom you ask, this week is arguably the height of the holiday shopping season. The frenzy of Black Friday is a distant memory, and the last minute shoppers have not graced the entrance of a shopping mall. Meanwhile trucks carrying merchandise are travelling across the state of New York to keep stores stocked in anticipation of end-of-year sales.

Could overzealous prostate screenings lead to malpractice?

A common tenet in the pursuit of curing and preventing cancer is that you have to go to the doctor regularly. This message is regularly directed at men over the age of 30 and younger than 55, because this is the age group that is less likely to see a physician. With prostate cancer being one of the most prominent killers of men, prostate cancer screening is very common for men of a “certain age.” However, a new study suggests that not every man actually needs the screening.

Common causes of spinal cord injuries

The holiday season is known for family get togethers, elaborate light displays and shopping extravaganzas. Unfortunately, the holiday season is also known for accidents. Whether it is slipping on ice or being involved in auto accidents, spinal cord injuries are common during this time of year.

Tips for handling a mall parking lot crash

In our last post, we highlighted the dangers that await consumers in shopping mall parking lots. Essentially, the crush of shoppers makes prime parking spots scarce. Motivated shoppers may have little patience for discourteous drivers and may take chances that they usually don’t take in trying to get a parking spot. As such, the chances for accidents can increase.

Beware of mall parking lot shenanigans

If you’re going out to the mall to finish (or begin) your holiday shopping, you are certainly not alone. Given the improvement in the nation’s economy and the recent drop in gas prices, it is likely that more people will spend money this holiday season. It is reasonable to believe that retailers are banking on this, so it would not be surprising to see more sales to draw shoppers to the mall.

What is a doctor's duty and why it is important to patients

We have written many posts on the different types of damages an injured patient may seek in a medical malpractice case. However, we have not touched upon the different elements in such cases that lead to successful claims. Before a medical malpractice suit may be commenced, a physician (or hospital staff member) must owe a duty to a patient.

How important are accident investigations?

Accidents during the holiday season are especially tough. The end of the year is typically when people hold holiday parties and family get-togethers. This is also a time where alcohol consumption can increase and lead to disastrous results. Such was unfortunately the case on a road in West New York.

Common medical malpractice defenses

It may difficult for a patient to bring a medical malpractice claim against a hospital or a physician. There are many elements that do not always favor an ailing patient, including the lack of money available to properly investigate the claim, the ambivalence in the justice system because of how long it may take, and the constant pain a malpractice victim may be in.

Why is the airbag recall important?

It seems like 2014 will be remembered for the year of the auto recall. First it was General Motors, with the ignition key problem that threatened to stop running cars based on the weight of a keychain. The recall reportedly affected millions of cars and led to GM being subject to a $35 million fine.

CA Supreme Court to examine constitutionality of damage caps

In a prior post we highlighted the failed legislative initiative in California to overturn the state’s cap on non-economic damages in medical malpractice cases. The current law, which was enacted by the legislature in 1975, limits the amount of money plaintiffs in med mal cases may be awarded by a jury to $250,000. In the nearly 40 years since the law was passed, this amount has not been adjusted…even for inflation.

H.S. football players affected without suffering concussions

The link between concussions suffered while playing professional football and permanent brain injury has grown over the past few years as more football players are diagnosed with depression, anxiety and other terminal illnesses. The growing number of players exhibiting erratic (and sometimes violent) behavior off the field and even committing suicide has led to rules changes and increased monitoring of concussions on the professional and collegiate levels.

Cruise ship doctors could be held liable after landmark ruling

Today’s modern mega cruise ships are engineering marvels. They include elaborate boulevards that resemble actual city blocks and shopping malls. They have multiple signature restaurants, waterslides, ice skating rinks and even rock climbing walls. They also have state-of-the-art medical facilities to handle people who become sick or injured in the course of having fun on their cruise.

Cell phone use increases despite safety warnings

If you drive in the state of New York, chances are that you know that using your cell phone while driving is against the law. The same would apply if you were driving in New Jersey or Connecticut as well. The laws are likely a result of public pressure to limit the number of accidents caused by distracted driving.

Can a retailer be held liable for Black Friday injuries?

To the most fanatic shopper, Black Friday (and in some cases, Gray Thursday) is like the Super Bowl of shopping dates. There are likely weeks of planning and training, as well as time taken out to stake a spot for the most coveted of deals. For what is probably a thrill to get a fabulous deal may also come with substantial danger. After all, there is a story every year about someone getting injured in a Black Friday sale.

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