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Blog Posts in July, 2014

  • 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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