There are many common misperceptions about New York personal injury lawsuits. I will be discussing these in my blog posts over the next few days. One of the most common mistaken ideas is that if you “are almost killed” by someone’s negligence, you must have a case. This is usually…
New York Medical malpractice cases, like medical malpractice cases everywhere, are tough. Juries like doctors. They feel sorry for doctors who are sued. They don’t want to tell physicians they were “negligent”. Doctors’ insurance company lawyers fight like hell to disparage the patient in front of the jury, to make…
There is good news for open-heart surgery patients in Syracuse, New York: New York State’s Health Department reported this week that Syracuse’s Upstate (SUNY) Hospital’s death rate for open-heart surgery has dramatically improved: In 2005 SUNY Hospital had one of the highest death rates for open-hear surgery in New York…
The other day a fellow Central New York injury lawyer congratulated me on a recent Court victory I had, which changed the law throughout New York State, and helped him, and other New York personal injury and medical malpractice lawyers, better represent their clients. The case he was referring to…
“Help, this woman is bleeding to death! Is there a doctor in the house?” But no doctor intervened, and poor Diane McCabe died a slow death. In fact, it took her 15 hours to bleed to death. Why couldn’t they stop the bleeding? Was she in some remote location with…
When Floridian Beth Hippely was diagnosed with breast cancer, and needed a blood thinner to fight it, she walked into Walgreens with her prescription. A teenage, unlicensed pharmacy technician, who Walgreens had recently hired, happened to be filling prescriptions that day. She accidently gave Hippely a dosage 10 times stronger…
Lawyers who handle nursing home neglect, negligence and abuse cases in the Syracuse and Central New York area are never surprised to see local nursing homes cited and fined for serious deficiencies. In fact, what is surprising is that more fines and citations are not issued. Bad conditions in nursing…
I recently had a win at an appellate court in Rochester, New York, (Thompson v Mather) that has been the subject of chatter within the New York medical malpractice lawyer blogosphere, and even made an entry on one of our nation’s top legal blogs, Eric Turkewitz’ New York Personal Injury…
I can think of few laws as unfair as “damages cap” laws. For those readers unfamiliar with this concept, let me explain. A “damages-cap” law essentially says that, in a personal injury or medical malpractice lawsuit, the injured plaintiff is limited to a certain amount of compensation for his or…
A New York Times article today, written by two fourth-year Harvard Medical School students, describes the frightening pervasiveness of medical malpractice in the United States, and the medical profession’s seemingly incorrigible habit of turning a blind eye to it. In my blog post today I will extract the article’s pearls…