31 March

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Litigating Birth Injuries and Medical Malpractice

Injuries that occur during labor and childbirth can be some of the most damaging to an infant, and there are many ways in which miscommunication or simple negligence can result in such severe outcomes. In this feature, Attorney and Board Certified Diagnostic Radiologist Armand Leone discusses the role that medical malpractice can play in causing birth injuries and how such cases ought to be handled A birth injury involves a physical injury to a baby that occurs as a result of some event during labor and childbirth. While birth injuries are rare and occur in only six or seven births per...

24 November

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Here’s What To Do If You’ve Been In An Accident

Posted by statenislandesq

in Accidents, Car Accidents, Construction Workers', Cyclists, Injuries, Insurance, Medical Malpractice, Pedestrians, Premises Liability, Slip and Fall

If you've been in an accident, the first thing you should do is remain calm. Accidents can be frightening, and it’s easy to become overwhelmed. But it’s important to take a few deep breaths and gather your thoughts before taking any action. In this blog post, we will outline what you should do after being involved in an accident. Assess the situation first The first step is to assess the situation. If you are able, check to see if anyone has been injured. If there are injuries, call 911 immediately. Even if the injuries seem minor, it’s always best to err on the...

04 March

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How To Prepare For A Medical Malpractice Claim

Posted by statenislandesq

in Medical Malpractice

According to research by John Hopkins Medicine, over 250,000 Americans die each year from medical errors, making this the third leading cause of death in the US following heart disease and cancer. When a patient is injured as a result of a healthcare professional’s negligent actions, or failure to act, according to the standards reasonably expected of them, they may be entitled to compensation for medical malpractice. Examples of this can include incorrect medication or dosages, failure to diagnose or misdiagnosis, premature discharge, surgical errors, and poor follow-up care. If you have been injured following treatment you received by a medical professional this article will...

18 March

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Lawmakers Seek to Compensate Emotional Loss Through Overhaul of Wrongful Death Statute

Posted by statenislandesq

in Insurance, Medical Malpractice, Wrongful Death

Lawmakers in New York are seeking to expand the state’s wrongful death statute to allow compensation for things like grief or loss of love and companionship in this year’s legislative session. The state’s current laws only allow individuals to seek compensation based on the amount of potential income lost from the death of a loved one, which can often place limits on litigation. “Essentially, our legal system values the life of wealthy individuals more than a child or a senior, or a person with a disability," State Sen. Brad Hoylman said. By Dan M. Clark [Law] ...

11 October

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What is Negligence?

Posted by statenislandesq

in Accidents, Injuries, Medical Malpractice

One can only bring a lawsuit for negligence if they can establish all four of the required elements. If any one of the elements is missing, then there is no negligence from a legal standpoint, and a lawsuit cannot be sustained. Of course, there are often defenses and other technicalities involved with proving such a case, so it is always best to contact a qualified, licensed attorney to help answer your questions and guide you through the process of analyzing your claim or defense to negligence.Attorneys are infamous for using “legalese,” or terms that have a special meaning in the...

14 May

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Personal Injury Claims Based on COVID-19

Posted by statenislandesq

in Accidents, Injuries, Medical Malpractice

Most personal injury claims are based on a legal theory called negligence, which means that a person or a business did not use the appropriate care under the circumstances. The person bringing the claim (the plaintiff) must show that they would not have suffered harm if the defendant had acted reasonably. These cases do not typically arise from contracting an infectious disease, such as a flu. It can be hard to prove the precise source of exposure, as well as identifying a specific action by a defendant that showed a lack of reasonable care. However, there may be certain situations...

25 June

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Flying Insects in Hospitals Carry ‘Superbug’ Germs

Posted by statenislandesq

in Medical Malpractice, Premises Liability

Many flies and flying insects in hospitals carry bacteria that could pose an infection risk to patients, and more than half of them carry the types that resist antibiotics, a new study says. British researchers used ultraviolet-light flytraps, electronic fly killers and sticky traps to collect nearly 20,000 flies, aphids, ants, wasps, bees and moths at seven hospitals in England over 18 months, and found that almost 9 in 10 insects had potentially harmful bacteria on or in their bodies. A total of 86 bacterial strains were found in the insects. Enterobacteriaceae -- a family that includes E. coli and Salmonella -- were the...

09 May

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Johnson & Johnson Will Pay $1 Billion to Settle Hip Implant Lawsuits

Posted by statenislandesq

in Accidents, Injuries, Medical Malpractice, Recalls

In the mid 2000’s, metal-on-metal hip implants were introduced, and manufacturers claimed they were medical breakthroughs that would last much longer than traditional hip replacements and would allow patients to lead more active lives. Unlike prior implants that used hard plastic, ceramic, or stainless steel components, metal-on-metal implants used advanced metals including cobalt, chromium, and titanium for all major parts, and they would simply outperform all the implants that had come before them. This groundbreaking technology turned out to be more harmful than beneficial to many people because as the implant’s metal parts grind together under normal use, they produce tiny...

01 May

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Leaking Breast Implants Leave Women Fighting Infections, Insurers

Posted by statenislandesq

in Injuries, Insurance, Medical Malpractice

Insurers can deny coverage for treatment related to infections caused by breast implants, causing a budding advocacy movement. “The insurers use the fact that there’s no true medical definition for breast implant illness as an opportunity to try not to pay for it,” said Scot Glasberg, a former president of the American Society of Plastic Surgeons. Women who have suffered from breast implant illness are asking the FDA for help, but the agency can’t do much when it comes to insurance coverage. Leaking implants can cause a variety of illnesses, but women who need them removed face a series of obstacles from...

16 April

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Superbug Fungus Sickens More Than 300 In New York State

Posted by statenislandesq

in Injuries, Medical Malpractice, Wrongful Death

There is concern from the Centers for Disease Control following an outbreak of a potentially deadly drug-resistant germ in area hospitals. More than 300 cases have been reported in New York. Candida auris, a yeast fungus, was only discovered in 2009 but has quickly spread globally. When it comes to the United States and here in our area, the CDC says New York has 309 confirmed cases, New Jersey has 104 confirmed cases and Connecticut has one. The CDC says Candida auris is a problem because: * It can cause bloodstream infections, wound infections, ear infections. * It can kill you. * It is often resistant to...