When it comes to injuries caused by medical malpractice during emergency medical care, there are special rules that apply. “First responders” are protected by state laws from most lawsuits. And although there are no such protections for doctors and nurses in the emergency room, the very nature of emergencies lowers the professional expectation to avoid medical mistakes.
It is estimated that 142,000 people died in 2013 all over the world due to the adverse effects of medical treatment. Each year, it is estimated that approximately 98,000 people in the United States die as a result of medical malpractice. According to a new study published in the journal BMJ Quality & Safety, about 12 million adults seeking outpatient medical care are misdiagnosed each year in the nation.
You would think that job safety is something that gets better over time. Every year, federal safety agencies and other groups work hard to promote safety practices in the workplace and more data about the biggest risks in various industries is made available for review. Still, workplace safety is not immune to some of the dangerous trends that can leave workers exposed to a greater chance of having a severe or serious accident. One illustration of this is in a prominent story from this past November in Crain’s New York Business. The story begins with the chilling tale of a worker who fell five floors
In the last federal fiscal year, there were 18 workers killed at construction job sites in New York City. This was an increase compared with 12 worker fatalities in the prior federal fiscal year, and 7 deaths two years prior. The increase in fatalities at construction sites throughout the city has prompted concerns among workers, public officials and safety advocates. The New York Daily News reported that thousands rallied recently to draw attention to the problem and demand greater safety measures in order for workers to be better protected. The construction field is a high risk field even under the best of circumstances. Unfortunately, employers
When a child is involved in a personal injury case, the NY State legislated “statute of limitations” does not end until the child’s 20th birthday. As NY laws consider a minor constrained by an age disability, the normal statute of limitations of two and a half years is put on hold until the child turns 18. Thereafter, the statute of limitations goes into effect on the child’s 21st. birthday. Eligibility for filing juvenile personal injury claims in New York The minimum eligibility for filing personal injury claims in NY is adulthood, or 18 years of age, so all children, no matter at what age they
Personal injury incidents are tragic, but they become even more devastating when a child is the victim of abuse leading to permanent injuries. Globally, thousands of children are found to be the victims of parental neglect, police torture, foster-home abuse, and teacher abuse. In New York State, children of abuse can suffer permanent physical and emotional damages, which shape these children into violent, insecure, or emotionally unstable adults, years later. If you were abused as a child, or you happen to be the unfortunate parent of an abused child, you can turn to law for justice. When can a NY childhood abuse case turn into
Slip and fall cases are a part of premises-related personal injuries. Tripping or slipping and falling is something all of us would have experienced at some point of time or the other in our lives. At times such accidents might turn out to be more serious resulting in a severe personal injury. A personal injury lawsuit may be filed if this slip and fall injury is caused by the negligence of someone else. If the owner or occupier of the property has been negligent by not removing dangers in front of you even though he had the ability and knowledge to do so, or if
Under New York State laws, a wide range of employers are obligated to provide workers’ compensation benefits to their employees. These employers have to post a notice of coverage in a visible location at their business address. The laws governing the worker’s compensation privileges in the state are collectively known as the Worker’s Compensation Laws (WCL). Which types of employees are covered by the WCL? Workers in a non-profit business. This category includes all part-time or leased employees, family members, and volunteers. County or municipal employees engaged in “hazardous” work All public school teachers except the teachers employed by New York City; and all public
When a person undergoes a surgical procedure, no matter how simple or complex, there is always a chance of risk. The risk stems not just from the medical procedure, but also from the process of administering anesthesia and patient care.
In 2012, the total medical malpractice payout throughout the US was 12,142, amounting to one claim every 43 minutes. New York ranked number one in the top five states for medical malpractice payouts with an astounding $763,088,250. The medical negligence problem in New York is alarming and is one of the states in the nation where medical malpractice filings remained nearly level.
