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NYC, Bronx, Albany, Poughkeepsie and NY Statewide Accident Injury Law Blog

Are medical errors really the third-leading cause of death?

Medical errors aren't just little things like forgetting to check on a patient. They can be serious and cause permanent injuries or death. It's vital for nurses, doctors and other medical professionals to be at their best at all times and to make sure they give their full attention to each patient they see.

How common are medical errors in the USA?

You can seek compensation after a boating crash in New York

Heading out on the water might be your plan, but even in the winter, boating safety is a must. Waters are cold, and hypothermia is a real risk if you get wet or are exposed to the elements for too long. Fortunately, there are some ways you can help yourself and your co-workers or family members stay safe on the water.

First, always wear life jackets. While you might be a good swimmer, the cold water shocks the body and makes it hard to swim or catch your breath. Make sure the life jacket is the right size and made to support your weight.

What happens if a child is hurt at school?

When your child is at school, you expect the school to take pride in its ability to care for your child and in its ability to keep him or her safe. One thing that can take you by surprise is a phone call stating that your child was hurt on the premises.

In some cases, the school may be negligent and can be held liable for the injuries your child suffered. For example, if there were jagged metal pieces on playground equipment that cut your child, the school may be held liable for not maintaining the equipment properly.

How can you avoid an e-cigarette explosion?

When e-cigarettes first were marketed, they seemed like a great alternative to a traditional cigarette. They had less of the damaging chemicals found in cigarettes, and no tobacco was needed. They wouldn't emit dangerous second-hand smoke, making them safer to use inside, too.

The problem is that some of these devices have actually exploded when being used, scarring, disfiguring and burning the faces of the victims. If that's happened to you, you know how suddenly your life can change. You did something you thought was safer for you and the people around you, and now you've suffered as a result. Fortunately, the manufacturers do need to take responsibility, and you can file a claim to receive compensation.

This rare disorder must be diagnosed as soon as possible

A rare infant seizure disorder is often hard to diagnose, but if it's not caught, it can cause devastating consequences. It's a rare form of epilepsy that can cause major health consequences to these children. 

Typically, the first signs of this condition arise at four to 12 months old, according to a researcher and assistant professor of pediatrics at the University of California, Los Angeles. The seizures caused aren't the same as other kinds; they cause the child to drop his or her head quickly and to jerk the arms upward. The seizures are short, lasting only around a second, but these quick seizures can cause serious harm to the child. 

Woman seeks compensation for nursing home abuse in New York

When a loved one is in a nursing home, you want that person to be cared for like family. When records aren't kept or bad policies are followed, there's a risk that your loved one could be hurt like in this case.

A judge in New York has determined that he will allow a nursing home negligence case move forward. According to the Nov. 16 news, the Barnabas Rehabilitation and Continuing Care Center had sought to dismiss a case against it for failing to diagnose and treat a hematoma on an elderly patient's bicep. That condition later caused a number of complications along with compartment syndrome.

The definition of a reasonable person by law

When a premises is safe, people can enjoy visiting it without a fear of being injured. When it's not, it puts those same people at risk of serious injuries and can result in accidents. The owner of a premises should be reasonable and keep the premises maintained. Failing to do this can lead to legal problems for the owner in a case of a personal injury, since the person who was injured can claim that the owner was negligent and should be held responsible for any debts accrued because of said injuries.

What is a reasonable person defined as by law?

Slip-and-fall accidents can be avoided with maintenance

If you slip and fall outside on someone else's premises, you may be interested in filing a slip-and-fall lawsuit against the owner. As the winter approaches, it's more likely for people to slip and fall on icy sidewalks or pathways, so it's more likely for businesses and individuals to find themselves on the other end of a lawsuit. It's important for owners to take time to maintain these areas of their property to prevent accidents.

If a business owner or property owner doesn't maintain the walkways in the winter and someone falls, the victim may be able to claim negligence. The law doesn't always require that a property owner removes ice or snow from his or her property, but the property owner should understand that if they have customers or invited guests coming onto the property, there could be a risk if the walkways aren't maintained. If there is a hazard, he or she should take steps to help protect those who will be visiting.

You can pursue compensation for a breach of confidence

A breach of doctor-patient confidentiality is its own kind of negligence. Whether or not it hurts a patient directly, it's expected that doctors will respect the privacy of their patients. Telling someone about a patient's welfare can impact him or her, whether it leads to termination at a job or difficulties between family and friends. Doctors have access to patient financials as well as medical conditions, both of which are protected under law.

A doctor can't divulge any medical information about a patient to a third party without consent from the patient directly. For example, if you are an adult and give permission for your information to be shared with a husband or wife, that's the only person the doctor can discuss your condition with. If you don't give permission to the doctor to talk about your condition to someone else, the doctor is bound by law not to except for in a few specific cases, like if a lawsuit depends on a doctor disclosing that information.

What are some identifying factors of nursing home abuse?

When your loved one goes into nursing home care, you want him or her to experience only the best. If you're concerned that abuse or neglect is taking place, there are a few things you should look for and identify, so you can give evidence and information to your attorney.

Poor hygiene is the first thing you should look for if you suspect nursing home neglect. A good nursing home takes time to bathe patients or to help patients bathe, giving them the respect they deserve. Basic personal hygiene is a must in these facilities, and nurses should be taking the time to help patients perform these tasks.

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