NY Motorcycle Accident Kills Man, Injures Wife – Motorcycle Accident Compensation should be his Main Objective

Gary Silverstein May 23, 2014

Suffolk County police said that a man died and his wife and passenger sustained serious injuries when the motorcycle they were riding hit a guardrail in New York. The accident occurred when James Burvenich, 36, was riding his 2004 Honda motorcycle at a high speed and lost control. Burvenich and his wife LeeAnn, 33, were taken to Stony Brook University hospital where Burvenich was declared dead. Police are continuing to investigate the accident and have asked for any witnesses to the incident to step forward with information. Both Burvenich and his wife were wearing helmets at the time of the accident, according to police reports.

Killed by School Bus in Upper East Side, Woman’s Family Seeks Pedestrian Accident Compensation

Robert Wolff May 23, 2014

Police officials said that a woman, who has not yet been identified died after being hit by a school bus as she was crossing Second Avenue near E. 93 Street. According to witnesses the driver of the bus that was carrying six children was trying to cross at a yellow light before it turned red. He failed to see the pedestrian probably because of the construction barriers in place that obstructed his view. The children in the bus were escorted out and away from the scene of the accident. Police have not arrested the driver of the bus, who stayed and cooperated with the officials

Does the type of health insurance impact surgical care?

Robert Wolff May 22, 2014

A doctor’s duty of care should not be affected by the type of health care insurance or benefits that a patient has. Yet according to a recent study, Medicaid surgical patients may fare worse than other surgery patients.

Report explores potential causes of neurological birth injuries

Robert Wolff May 16, 2014

Conventional wisdom may assume that a brain injury in a newborn is most typically caused by oxygen deprivation during labor.

Hospitals may be negligent in safeguarding against infections

Gary Silverstein May 9, 2014

Last month, the U.S. Centers for Disease Control and Prevention released a disturbing figure: Around 75,000 patients die in hospitals each year from infections contracted in health care facilities.

Substance abuse among hospital staff may endanger patient care

Gary Silverstein May 1, 2014

Although readers may expect this medical malpractice blog to occasionally address medication errors, today’s entry highlights a different medication concern: prescription drug dependency among doctors, nurses and other medical staff.

Release of Medical Records in a Personal Injury Case

Gary Silverstein April 28, 2014

CPLR §3101(a) requires, in pertinent part, “full disclosure of all matter material and necessary in the prosecution or defense of an action.” With regard to medical treatment received by a plaintiff in a lawsuit, this has been interpreted to mean that the injured plaintiff waives the physician-patient privilege with respect to his relevant prior medical history concerning those physical conditions which he affirmatively places in controversy. See Koump v. Smith, 25 NY2d 287, 303 NYS2d 858, 250 NE2d 857 (1969). However, a party does not waive the physician-patient privilege with respect to unrelated illnesses or injuries. In Romance v. Zavala, 98 AD3d 726, 950 NYS2d

Big NYC Landlords Attempting to Water Down Construction Worker Safety Laws

Gary Silverstein April 25, 2014

New York is famed for its high rise skyline. Apart from its famous tall buildings, most New York buildings are high rises. The construction workers who build, maintain, demolish, and renovate these buildings are protected by Section 240 of the New York Labor Law, which is also called the Scaffolding Law. This law places the onus of construction workers who are working at an elevation on the contractors and owners of the building site, or other parties, but never on the construction worker themselves. According to this law any construction worker who is injured on the job when working at an elevation should be compensated

The Statute of Limitations "Trap"

Gary Silverstein April 25, 2014

A woman goes to her doctor and complains about a lump in her breast.
The Dr. sends her for a mammogram.
A few days later, the Dr. calls to tell her not to worry, as it is “only a cyst”.

Study indicates alarming outpatient misdiagnosis rate

Gary Silverstein April 24, 2014

Readers of this medical malpractice blog may be familiar with some patient safety initiatives focusing on new programs under the Affordable Care Act. What readers may not realize, however, is that a majority of these and other patient safety improvement programs have been limited to inpatient hospital care.

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blogs

NY Motorcycle Accident Kills Man, Injures Wife – Motorcycle Accident Compensation should be his Main Objective

Killed by School Bus in Upper East Side, Woman’s Family Seeks Pedestrian Accident Compensation

Does the type of health insurance impact surgical care?

Report explores potential causes of neurological birth injuries

Hospitals may be negligent in safeguarding against infections

Substance abuse among hospital staff may endanger patient care

Release of Medical Records in a Personal Injury Case

Big NYC Landlords Attempting to Water Down Construction Worker Safety Laws

The Statute of Limitations "Trap"

Study indicates alarming outpatient misdiagnosis rate

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