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On August 2, 2016, a Manhattan Supreme Court Judge dismissed what she said "were plainly disagreements" over trial strategy from a legal malpractice lawsuit claiming over $155,000,000 in damages. Those "trial strategy" claims were dismissed based on the "error in judgment" defense applicable to all professional malpractice claims.
Unnecessary surgeries to treat back and knee pain continue despite evidence of their limited benefit.
The short is answer is -- it depends. It is very tough (not impossible) to prove that the hospital was negligent for your getting an infection. But, if the hospital was late or delayed in discovering and treating your infection, you may have a good case if the delay caused a more serious problem ...
You may still have time to sue for personal injuries due to pollution at a superfund site (toxic waste site), even if it occurred more than 3 years ago (or more than 3 years after you learned of the exposure and illness) based on a new law which became effective on July 21, 2016. CPLR Section 214-f
A Federal Court Judge disagreed with a jury award of $400,00 for a fractured shoulder to a 56 year old car accident victim and increased it to $530,000.
Recent developments in immunotherapy have proven its success in treating deadly cancers, in some patients, who have not responded to traditional treatments such as surgery, chemotherapy and/or radiation therapy.
Red Light Camera Programs substantially reduce fatal accidents.
Millions of children who are required by law to have blood tests to check for lead exposure are not getting the screening they need and deserve.
Your car probably has a "black box" or "Event Data Recorder" which records extremely useful information about what your car was doing just before and during an accident, including your speed, whether you applied the brakes an/or were wearing a seat belt.
A patient can be found partially at fault for medical malpractice but the patient's prior conduct is not relevant since the doctor or hospital is only liable for that part of the injuries attributable to their own acts or omissions.
OSHA's new workplace safety rule will provide greater transparency of unsafe working conditions which should cause corrective measures to be undertaken. Hopefully, this new rule will improve worker safety and facilitate investigations into unsafe working conditions for those who have been injured.
Nassau County subcontracted out health care for its prison inmates to a private corporation, Armor. Of the 12 inmates who have died at the Nassau County jail since Armor started providing medical services, five of those inmates were later found by the NYS Commission on Correction to have received inadequate medical care.
The failure of an owner or contractor to provide a ladder that is secured so as to prevent a worker from falling will result in absolute 100% responsibility imposed on the owner/contractor for any injuries caused by that failure.
Law firm defending legal malpractice suit for not pursuing a medical malpractice claim against a NYC hospital in 1999 is not entitled to a pretrial hearing to determine whether the client's alleged mental incompetency since the medical malpractice entitled him to a toll of the statute of limitations as would have allowed a timely claim against the City hospital in 1999 when the defendant was retained.
Evidence of wrongdoing/negligence by a doctor with respect to a dozen other patients may not be introduced into evidence against that doctor who admitted he negligently treated the decedent because it was not relevant on the two remaining issues of causation or damages and was unduly prejudicial.
Immediately after a gastroenterologist performed a colonoscopy on a known hepatitis C patient, he next performed a colonoscopy on a second patient with no known history of it. Six weeks later, the typical incubation period for hepatitis C, the second patient was diagnosed with hepatitis C. Gastroenterologist's motion to dismiss pre-trial denied. Court holds that a jury should decide issues of fault and punitive damages.
A radiologist who is only asked to interpret a standard MRI has no duty to order a diffusion MRI. Similarly, a neurosurgeon who was only asked to determine whether surgery was necessary has no duty to examine the patient and/or determine if medication orders are being implemented.
Appellate Court (once again) holds that the violation of a disciplinary rule by an attorney, such as a conflict of interest, without evidence that the violation caused monetary damage to the plaintiff, is not enough to support a legal malpractice lawsuit.
Appellate Court overrules Trial Court which refused plaintiff's request to instruct a jury that a building superintendent who was charged with carelessly hosing down a sidewalk in freezing temperatures was an "interested witness" even though he was no longer employed by the defendant. Formerly employed persons who are alleged to have been actively involved in causing an accident should be considered an interested witness, just as any party plaintiff or defendant is considered to be an interested witness.
According to a recently reported traffic study of accidents involving pedestrians distracted while using their cell phones, 559 of them suffered injuries requiring emergency room treatment in 2004. However, in 2010 the number of distracted pedestrian cell phone users injured in accidents requiring hospital treatment almost tripled to over 1500.
A pedestrian's recklessness in ducking under a lowered pedestrian safety gate and walking across train tracks amidst ringing bells, flashing lights and an announcement: "Warning, second train coming." while intoxicated justifies the dismissal of a lawsuit even before a jury trial is held.
An Appellate Court ruled that a Bronx Jury had sufficient evidence to find the NYC Transit Authority responsible for running down a 51 year old pedestrian at a bus stop despite the absence of any eyewitnesses. The pedestrian's family was awarded approximately $1,000,000 including an award of $300,000 for conscious pain and suffering of two to five seconds before the pedestrian died.
In April 2016 an Appellate Court covering Manhattan ruled that a pedestrian crossing Third Avenue with the light in his favor was not required to continually turn around and look behind him for traffic that may strike him from behind.
At around 9:30 this morning, June 10, two buses collided in the Lincoln Tunnel. At least 31 people were injured but according to officials, most of the injuries were not serious. Four individuals were removed from the scene on stretchers. The accident involved a private bus and a New Jersey Tran...
This is a saga of a shipwreck two decades adrift in our legal system with multiple appearances before the Trial and Appellate Courts. The plaintiff, Lindenman retained the defendant attorney to pursue an action against a Yacht Club for what he described as "horrific brain injuries resulting from ...
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