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June 2016 Archives

Work with experienced med mal attorney to effectively navigate discovery process

Last time, we began looking at the positive trend of increasing transparency in the delivery of health care. There are a variety of positive changes that will come about as the result of increased transparency in health care, particularly when medical error ends up harming a patient. Unfortunately, in many cases, patients receive poor communication from providers and hospitals and are left to fall back on the legal process to protect their rights.

Seeking compensation for cerebral palsy, other birth injuries: sooner is better than later, P.1

Birth injuries come in a variety of types, from those related to the brain, to the muscles or other physical injuries, to those related to infections, and injuries from the delivery itself. One common birth injury is cerebral palsy, which affects both the brain and the muscles. Primarily, cerebral palsy is a brain-related injury, but it does impact the way the brain communicates with muscle groups.

Federal program encourages transparency between providers, patients

Lack of communication or poor communication between doctors and their patients is problematic in a number of ways. It is particularly problematic, though, when the communication failure concerns serious medical or surgical errors. Lack of communication is often the result of the provider’s fear of liability, but lack of communication often results in more willingness to litigate.

Looking at the issue of vehicle maintenance in trucking accidents, P.2

Last time, we began looking at the topic of commercial vehicle maintenance, pointing out some of the general requirements for vehicle maintenance at both the state and federal level. As we left of saying, the requirements from the state of New York are essentially the same as the federal requirements.

Filing a medical malpractice lawsuit? Consult with an attorney

We don't need to debate the merits of a for-profit medical system today, other than to say that that's exactly what we have in this country right now. As a result, the profit drives all of the decision making, and that can lead to some horrible mistakes or some sub-standard care for patients who are just innocently trying to take care of themselves.

Report: vehicle maintenance issues plague sanitation companies

Under a bill currently being considered in New York City, private sanitation companies would have the exclusive right to collect trash in established zones. The idea behind the legislation is to make the city’s oversight of sanitation trucks easier. Oversight is a particular problem with respect to sanitation truck maintenance.

Comparative negligence in pedestrian, cycling accident cases

In our previous post, we looked at the concept of comparative negligence in pedestrian and cycling accidents. Comparative negligence can be an important aspect of accident cases where the pedestrian or cyclist is accused of failing to obey some rule of the road. A defendant making such an accusation would, of course, have to be able to provide evidence of the plaintiff’s negligence and then the extent of the plaintiff’s negligence would have to be determined.

Comparative negligence in pedestrian, cycling accident cases

In our last couple posts, we looked at a recent spate of pedestrian and cyclist deaths in New York City, noting that three of the four accidents were hit-and-run incidents. As we pointed out, pedestrians and cyclists have rights and should not assume that they have no possibility of recovering damages after an accident, despite the occasional bias they may encounter with law enforcement.

Recent NYC deaths showcase the dangers for pedestrians, cyclists on roadway, P.2

Last time, we mentioned a spate of pedestrian and cyclist accident in New York City, pointing out that three of the four accidents were hit-and-run incidents. As we noted last time, pedestrians and cyclists sometimes face challenges with the criminal justice system in having accidents fairly investigated.

Recent NYC deaths showcase the dangers for pedestrians, cyclists on roadway

Four individuals were killed by motorists in New York City last weekend, a powerful reminder of the serious risks pedestrians and cyclists face on the road and of the need to continue to improve roadway safety for pedestrians and cyclists.

Seeking recovery against federal health care providers: an overview of the FTCA, P.2

Last time, we began looking at the Federal Tort Claims Act, under which those harmed by federal health care providers may seek recovery from the federal government. Under the FTCA, the federal government may be held liable in the same way, and to the same extent, as a private hospital or health care provider would be liable.

Seeking recovery against federal health care providers: an overview of the FTCA, P.1

In our previous post, we looked at the VA’s recent admission that it failed to provide qualified professionals to conduct proper screening for traumatic brain injury on thousands of patients. As we noted, such a failure would ordinarily be considered grounds for liability were it not for the fact that medical professionals working for a government institution are immune from personal liability for negligence.

VA admits failure to provide qualified professionals for TBI screening

Traumatic brain injury can have a variety of serious effects for those who suffer from it. It is estimated that around 30 percent of injury-related deaths are caused by traumatic brain injury. This is why it is so important for those who may have suffered a traumatic brain injury to be checked out by a competent physician and promptly treated.

Seeking damages for brain injury after motor vehicle accident, P.4

Last time, we left off discussing the topic of punitive damages. As we noted, the goal of building a damages case is to maximize the plaintiff’s damages, and this requires carefully establishing entitlement to all damages the plaintiff is seeking, including punitive damages.

Seeking damages for brain injury after motor vehicle accident, P.3

We’ve been discussing in recent posts the topic of brain and spinal cord injury, and the importance of working with an experienced attorney to accurately establish damages at trial. Maximizing damages, of course, is probably the most important aim of litigation in most cases, so it is really important to build a strong case in this area.

Seeking damages for brain injury after motor vehicle accident, P.2

In our last post, we began looking at the topic of brain and spinal cord injury, the effects of such injuries on a motor vehicle accident victim’s life and the costs involved with such injuries. As we noted, new and sometimes experimental treatments are emerging which hold out the hope of improving and accelerating recovery for brain and spinal cord injury victims, but these treatments are not available to many and can be costly.

Seeking damages for brain injury after motor vehicle accident, P.1

In motor vehicle accidents, physical injuries can be devastating if not deadly, particularly when there is damage to the brain and/or spinal cord. Damage to the central nervous system can have a profound effect on an accident victim’s life, impacting his or her ability to work, recreate, maintain relationships with family and friends, and generally enjoy life.

Recovering from a teen driving accident

We’ve been looking at the issue of teens and distracted driving in recent posts, discussing first of all a recent study highlighting the extent of the problem and then some of the state laws seeking to address the problem. As we pointed out last time, laws addressing the issue of distracted driving are intended not only to keep highways safer, but also to serve as a basis for liability when accidents do occur.

Premises liability and damages: work with experienced advocate to maximize recovery

Last time, we mentioned that the type of damages available in a premises liability case depends on the specific circumstances of the case. Damages, we noted, comes in several varieties, including those dealing with economic losses and non-economic losses, as well punitive damages.

Children's product recalls can lead to devastating outcomes P.6

Today we wrap up our six-part series on children's product recalls. We have looked at the basics of these types of recalls and also took a close look at specific examples that readers should be aware of. In the end, the question you may be left with is: so how do I keep my child safe from these products? The answer is a bit difficult. While we can't even be certain that a product is going to be safe when we buy it, we can do our best to stay informed.

New York law on distracted driving, passengers for junior drivers

Last time, we began looking at the issue of distracted driving and recent research underscoring the extent of the problem among teen drivers. As we noted, states have sought to address the problem not only by passing laws limiting cell phone use among drivers, particularly novice drivers, but also by limiting teen driver’s freedom to have peer passengers in the vehicle with them.

Children's product recalls can lead to devastating outcomes, P. 5

In today's post we continue our discussion of defective products that led to children being injured or killed. The case we will look at today has specific legal implications because the tragedy ended in a lawsuit against the product manufacturer.

New research shows distracted driving a real problem among teens

Distracted driving is among the biggest issues in roadway safety nowadays, accounting for a significant number of crashes and fatalities. No age group is immune, particularly given the fact that so many Americans own smartphones, which are a significant source of distracted driving. That being said, young drivers are probably at a heightened risk given what some studies have shown.

Children's product recalls can lead to devastating outcomes, P. 4

Previously we looked at a case where a rubbery toy nearly suffocated a child. The incident caused the mother of the child to campaign for its removal from the market. Unfortunately, not all cases of defective products turn out this way. In many cases, the product proves to be fatal, leaving parents devastated.

Children's product recalls can lead to devastating outcomes, P. 3

In our last two posts on this topic we covered the basics of recalls related to children's products and discussed the various types of issues that may happen with certain kids' products. Today we take a deeper look at some very personal stories that either injured or took the life of a child.

Children's product recalls can lead to devastating outcomes, P. 2

In today's post, we continue our discussion on children's product recalls. While we may know general facts about the different recalls that have happened, it can be a good idea to understand what kind of issues different types of children's products may have in terms of safety.

Trucks, buses still cause many accidents every year

The Federal Motor Carrier Safety Administration (FMCSA) has an incredible amount of data on motor vehicle accidents that involve large trucks and buses. Their database is recent as of the year 2014. According to that year of data, safety has improved, in general, when it comes to large trucks and buses being involved in motor vehicle accidents.

Children's product recalls can lead to devastating outcomes, P. 1

We hear about child-related product recalls every now and then, especially when they lead to a tragic outcome. If you go to websites such as, you can read through many tragic stories of products hurting or killing children. The problem is a lot more frequent than some readers may think.

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