Birth Injuries – Determining Medical Malpractice Liability
Assisted birth is a medical term used often by gynecologists when certain instruments like the forceps or a vacuum device is used to gently pull the baby into the canal birth for the birthing process. These medical instruments are used to hold the head and thrust it into the canal for a vaginal birth.
Who Told Who? Labor Law 240 and the Recalcitrant Worker Defense
As we’ve discussed before, New York State labor law provides a relatively broad and expansive set of protections to New York construction workers, especially around certain protected activities that involve working on tall structures. But regardless of the general liability that this rule puts on companies and contractors, there are exclusions, and although some use the […]
Weight, Motion and Impact
When it comes to handling workplace liability, smart managers have a plan in place. They not only provide safety gear and equipment, but they also look at physical aspects of the worksite specific trained eyes. They typically develop the criteria for handling safety issues so that they deal with the biggest ones first. And that […]
The risks of patient wandering and elopement
Patient wandering and patient elopement are serious safety concerns at hospitals in New York and around the country. A patient who wanders outside of the hospital grounds before the end of their treatment could be injured. Patients may also be at risk for injury if they leave a medical facility without informing their health care providers or they discharge themselves against medical advice.
Litterbugs are Liable
It might seem like a trivial detail, but litter is actually a serious thing, and it’s even more serious in places where it might present obstacles for busy workers. We’ve all seen those municipal signs claiming a $300 or $500 fine for littering or dumping. Government planners are trying to instill an understanding in people […]
Alzheimer’s risks may increase with prostate cancer treatment
In dealing with cancer, a New York health care practitioner may find that some treatments involve certain risk factors. This means that it is important to work with a patient to find the right balance between treatment and risk. In the case of treating prostate cancer, for example, a primary approach to addressing the disease involves androgen deprivation therapy due to the role that testosterone can have in causing tumors to grow. A study, however, indicates that there may be a greater potential for a patient going through ADT to later be diagnosed with Alzheimer’s.
Blocked Doorways: A Closer Look at Liability Issues
Some of the things you see on a construction site or in some other workplace settings may seem like small details — until something terrible happens. One example of this is the set of fire rules and regulations that affect businesses and worksites, and basically cover anywhere there is human habitation or work activity. Fire […]
A Trained Eye: Take Safety Seriously
Part of the training of an injury lawyer involves being able to look at a worksite and identify safety issues or potential liability. But sometimes, these skills are sadly misplaced. They should not just be part of the injury attorney’s toolkit — they should also be part of what a competent manager or supervisor or other business leader brings to the job. So often, when work injury cases go to trial, it’s because there are any number of skilled people in the justice system who can see clear evidence of negligence or lack of attention to safety, but in the days and weeks and months before an accident, there was no one onsite who could understand that poor safety precautions were a liability for the company.
A Culture of “Don’t Worry About It”
Screening for celiac disease
New York residents genetically predisposed to celiac disease may develop the autoimmune condition either as a child or as an adult. The disease is usually confined to the small intestine, but symptoms are not always apparent and regular screening for at-risk individuals is highly recommended. Screening for celiac disease involves both antibody and genetic testing.
Many medical tests are not reviewed by the FDA
New York patients may be dismayed to find out that many of the medical tests performed each year in the United States are not reviewed and approved by the Food and Drug Administration. A 1988 law gives the FDA authority to review only tests that are sold to multiple labs, which allows thousands of tests to be performed each year that have not been required to undergo any kind of official scrutiny. The FDA also points out that only about 1 percent of the nation’s approximately 180,000 medical labs have ever been inspected.
