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What happens in a Personal Injury Trial?

In a personal injury trial, the evidence is examined by a judge or jury to decide whether the defendant should be held legally responsible for the plaintiff’s allegations of injuries and harm. The plaintiff gets the opportunity to argue their case in a trial with the hope that a judgment against the defendant will be obtained. The defendant also gets a chance to refute the plaintiff’s case in a trial and to offer their own evidence pertaining to the dispute. After both sides have presented their arguments, the judge or jury considers whether the defendant is liable for the injuries that the plaintiff allegedly suffered,

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Breaking Down NY Scaffolding Accidents

We know that ladder and scaffold accidents are a major cause of injury at construction sites around the country. We also know that New York has one of the strictest scaffold laws on the books. But how does this really affect safety on the job? The Construction Industry Partnership (CIP) has published a paper called β€œConstruction Safety: A Tale of Two Cities” that really gives us some clues to some of the realities around construction in and around the five boroughs. Some Statistics This report shows, for example, that 62% of all victims in a critical survey were of Hispanic origin and 70% of fatalities

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When Cosmetic Surgery gives Rise to Medical Malpractice

The prevalence of cosmetic surgery is higher in the United States than any other country. About 14 million people in the country get cosmetic surgery every year, or 40 out of every 1,000 people. In the UK, a 2012 study found that facelifts, breast surgery, nose reductions, eyelid operations, and weight-loss procedures accounted for 80 percent of the increasing number of legal actions against cosmetic surgeons. In 2000, the total amount spent on medical malpractice insurance was $6.4 billion.

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Misdiagnosis and Delayed Diagnosis

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.

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Misdiagnosis and mortality rates

Researchers have discovered that people in New York and around the country who have obesity hypertension syndrome may not get the proper diagnosis, which could lead to inappropriate care. Commonly, those who have the disorder are diagnosed with other respiratory conditions, and researchers believe that this is contributing to a high mortality rate. The survival rate for those with obesity hypertension syndrome is lower than the five-year survival rate for breast and colon cancer.

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Elements of a Dental Malpractice Lawsuit

According to the Journal of the American Dental Association, there are certain types of dental procedures that require more intensive surgeries or complicated processes in which malpractice is more common. Consequently, dentists may be more prone to make errors when administering or performing these treatments when compared to other, more simple procedures.

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Medical Malpractice during Emergency Medical Care

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.

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What are the Common Types of Medical Malpractice?

Medical malpractice occurs when a doctor or any other healthcare professional breaches their duty of care to a patient and that breach results in injury or death. Fortunately, these cases happen on fairly rare occasions; but when they do occur, they can have devastating consequences. Like many others, you may wonder what type of treatments might be the cause for medical malpractice.

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NY Construction is Less Safe Than 7 Years Ago, Crain’s Says

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

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New Yorkers Rally For Construction Safety

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.Β  The increase in fatalities at construction sites throughout the city has prompted concerns among workers, public officials and safety advocates.Β  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

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