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Blog Posts in 2014

  • Pedestrian death in car accident is related to vehicle speed

    || 3-Oct-2014

    It is estimated that more than 4,500 pedestrians are killed in vehicular accidents each year throughout the United States. The New York City Department of Transportation published statistics concluding that 70 percent of pedestrian deaths are caused by dangerous driver choices. Thus, a car accident involving a pedestrian fatality is generally caused by some form of driver recklessness. In addition ...
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  • Failure to diagnose terminal cancer may be medical malpractice

    || 21-Sep-2014

    Failing to diagnose cancer is a relatively common claim in medical malpractice cases, both in New York and across the country. Generally, the case involves the death of the patient after an extended time in which no treatment took place because the doctor misdiagnosed the condition or failed to diagnose it. By negligently failing to find something that other doctors in the same situation would ...
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  • Life-saving device now recalled as a dangerous product

    || 19-Sep-2014

    The auto industry has long touted air bags as being life-saving devices. They are heavily marketed to car buyers across the country and here in New York who are concerned about their survivability in an accident. However, one manufacturer's air bags are now considered a dangerous product after causing numerous injuries and even some deaths. Takata manufactured the air bags in question, and it ...
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  • Surgery using defective medical device may spread cancer

    || 12-Sep-2014

    A surgical technique using what are called morcellator devices has come under severe scrutiny nationwide, including in New York, and may be discontinued. The devices are electronically powered and are used in gynecologic surgeries. They are billed as minimally invasive, but the downside is that they place the patient at risk of spreading any undetected cancer that may be present. The potentially ...
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  • Pedestrian critically injured in motor vehicle accident

    || 5-Sep-2014

    Being injured in a car accident can be life-changing, depending on how serious the injuries are. In addition to having to heal from their injuries, motor vehicle accident victims can easily struggle with the emotional distress caused by these types of accidents. One person was unfortunately injured in a recent New York car crash involving a pedestrian. The accident happened just before 10 a.m. on ...
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  • Injured customers say weight loss remedy is dangerous product

    || 25-Aug-2014

    In New York and throughout the country, new weight loss supplements are always coming on the market, as other similar proposed remedies lose their initial interest and are withdrawn or fade away into obscurity. Many of those products have in the past been tainted with claims of one danger or another to human health. Recently, a flood of lawsuits has been unleashed against the maker of a weight ...
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  • Brain-injured child gets settlement in medical malpractice case

    || 20-Aug-2014

    Occasionally, in New York or another state, the defendants in medical negligence cases admit liability and focus on the process of trying to minimize the amount of the damages to be paid. In cases where there is gross negligence or a dramatic injury to a sympathetic patient, the strategy generally pays off by keeping a good part of the facts of the medical malpractice away from the jury’s ...
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  • Fatal motor vehicle accident kills 2 in head-on crash on Thruway

    || 14-Aug-2014

    There has reportedly been a series of wrong-way crashes in the past year and a half on the New York State Thruway. The executive director of the Thruway authority confirmed that the authority, along with the New York State Police, are studying the situation. The executive director made his comments at a news conference held on the afternoon of Aug. 12 after a fatal motor vehicle accident took two ...
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  • Doctors: Medical malpractice claim of penis removal is false

    || 6-Aug-2014

    In New York or elsewhere, when a medical malpractice case is highly unusual and even shocking to the senses, it may potentially go viral or at least get some national attention. That seems to be the situation developing in one medical malpractice filing in which the plaintiff accuses two doctors and a hospital of negligently cutting off his penis instead of giving him the simple circumcision that ...
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  • Doctors admit surgical errors: left sponge in patient's body

    || 27-Jul-2014

    Medical malpractice in New York and all other jurisdictions is based on the idea that when a medical provider causes personal injury or death to a patient by administering substandard professional care, the provider is legally liable for the value of the losses the patient suffers. Surgical errors represent a large source of such claims. The kinds of surgical errors that happen are virtually ...
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  • GM may have known about car accident risk for certain vehicles

    || 25-Jul-2014

    The automaker giant General Motors is facing increased pressure from both lawmakers and the public. This scrutiny has intensified as it has come to light that the company may have known about the increased risk for a car accident in certain vehicles. New York readers have likely heard of the unfolding drama after GM recalled millions of vehicles because of a high risk of ignition shut-off with ...
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  • Product liability case involving backyard cable car is settled

    || 15-Jul-2014

    Under the law of product liability, which applies in all states including New York, a manufacturer or distributor of a product that is defective and unreasonably dangerous to the intended user, is strictly liable in tort to the injured user for personal injuries. That is the rule of strict liability that generally is applied in most product liability cases for damages suffered from a defective ...
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  • $16.7 million medical malpractice award for missed diagnosis

    || 9-Jul-2014

    In New York as well as every other jurisdiction, medical malpractice is based on a finding that the doctor or other health care provider was negligent under the circumstances. It must be proved that the defendant’s services fell below the minimum standard of care recognized by the doctor’s peers in the community. Even if negligence is proved, the patient must then prove causation in ...
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  • Brooklyn man killed in car accident after leaving local bar

    || 3-Jul-2014

    An employee at a local bar recently kept a man company in the final few hours of his life. Shortly after leaving the bar where he was reportedly a regular, a Brooklyn man was involved in a fatal car accident and died a short while later. Police were unable to apprehend the driver they suspected caused the accident until hours after the wreck. The accident occurred at almost 3 a.m., when a ...
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  • Unfixed motor vehicle defect? CarMax accused of not caring

    || 27-Jun-2014

    Millions of motor vehicles have been subjected to recall over the last couple of years, and the recalls are continuing. Many of these recalls involve simple fixes that can be completed by car dealerships that specialize in the affected automobiles and for free. However, if the recalls remain unfixed, the motor vehicle defect could be extremely dangerous and result in injury or death to New York ...
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