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

Protect yourself from unfair settlement offers after a crash

When you're in a car accident, you may be shocked about how much your medical care costs and how much the repairs for your vehicle will be. You know that the other party is supposed to pay for those expenses, but you're not so sure the settlement you've been offered will be enough.

It's a good idea not to take the first settlement you're offered for that very reason. You need to know that whatever you're offered is not only a fair deal for you but also in your best interests. There are sometimes cases where insurance companies want to settle as quickly as possible to save money, even if that means leaving you with less than you actually need or deserve.

New York: Medical malpractice ranking and statistics

Living in New York, there's a possibility that you'll need medical care at some point in your life. One thing you might be worried about is the likelihood of medical malpractice. Fortunately, there is data that can help put your mind at ease.

Medical malpractice takes place in every state, but which states have the best medical care (or at least the lowest number of medical malpractice cases?) By looking at statistics, you can tell that some states are more likely to have physicians who face malpractice lawsuits than others. For example, Louisiana is the state with the most medical malpractice. There are around 44.1 cases per 100,000 residents with a total payout of $59 million.

Nursing home patients increasingly at risk of poor treatment

In what is probably not something you want to read, the facts show that nursing home residents are being exposed to more errors and maltreatment in nursing homes today than ever before. The inspector general for the federal Department of Health and Human Services (DHHS) stated that urgent action needs to be taken, because there is a growing problem in American nursing homes.

In the alert, the inspector general pointed out incidents in 33 states where residents of nursing homes had to be taken to emergency rooms due to horrible situations of neglect, rape and broken bones. The inspector general urged people to visit their loved ones often to help prevent these issues and to catch perpetrators.

Fall injuries: Who's to blame for dangerous stairs?

If you fall down a set of stairs, you might just believe it's down to being clumsy or that it's your fault. The truth is that someone else may be accountable for the injuries you have suffered.

Yes, people do fall every day, and many times there is no one to blame but themselves. However, if a serious injury takes place, it's worth talking about who may be to blame for the staircase's properties that caused the accident. For instance, if the stairs have frozen over, then the owner might be liable since he or she had not used salt or nonslip padding to protect those who may use the stairs.

At least 3 injured in New York taxi crash

When you're in a taxi, you expect the driver to take extra care to avoid accidents. You want the driver to obey the laws of the road and to slow down if unsure about the traffic ahead. That doesn't always happen in New York, where time is money and money keeps the driver behind the wheel.

When a driver doesn't obey the laws or takes unnecessary risks, people could get hurt like in this situation. A two-vehicle collision involving two New York taxis has resulted in several people needing treatment for injuries. According to the news, one yellow cab had been traveling west on 85th street when it collided with a vehicle that had been traveling south on 2nd Avenue.

One-time doctor convicted of malpractice aims to practice again

How would you feel if you found out that the person performing medical procedures on you had been accused and convicted of medical malpractice in the past? What would you say if you found out that the doctor had changed his name and performed services he was no longer able to perform?

You may be shocked and confused as to how this could happen. You'd be much like those involved in this case that surrounds a one-time doctor who is now an accused killer with a new name. In the original story, these individuals were victims of a man who had performed multiple operations while making serious errors. A judge told him he'd never practice medicine again.

Is texting and driving illegal in New York?

Texting and driving is extremely dangerous, as is using a cellphone while behind the wheel. Interestingly, despite the danger involved, many people still use their cellphones and text while they're driving. They even admit to knowing the danger, but they continue to act negligently.

As someone who is a victim of a serious collision, it's traumatic to know that the incident may have been prevented by putting down a phone. That's particularly important this holiday weekend, since the Fourth of July may have more people calling family, taking photos of fireworks on the go and overall not paying attention on the roads.

An amusement park may be liable for injuries you suffer

On a hot summer day, many families head to theme parks to spend time together. There's nothing quite like the adrenaline of a roller coaster, the fun of a wave pool or eating unique fair foods. One thing that some families end up dealing with that they did not expect is injuries. Sadly, injuries can happen on roller coasters and in amusement parks that seriously wound or kill people.

When you take your child to one of these facilities, that's the last thing you want to see happen. Maybe surprisingly, there were actually between 2,800 and 4,300 injuries between 1997 and 2003 that were a result of amusement parks, their rides and services.

What is a defect in design?

A defect in the design of a product can result in serious injuries. Cases involving design issues are typically focused on a manufacturer's decisions when creating a product. For example, if a manufacturer knows there is a flaw in a vehicle but does not take steps to recall it, then the design's defect could put someone at risk of serious injuries or death.

If you are hurt because of a defect in design, there are a few things you'll have to do to seek out compensation. First, you will need to show that the manufacturer needed to use a reasonable alternative design and that the manufacturer could have done so. For example, if the floor mat of a car catches on the accelerator and causes it to get stuck, the floor mats could easily be changed to prevent the problem.

Bedsores: A sign of trouble in your loved one's nursing home

Bedsores, also known as pressure sores, are caused when tissues rub against bone. They occur because the pressure of the tissue rubbing on the bone is not relieved over an extended period of time. This continuous friction causes a sore, which can become infected.

While bedsores can happen due to a patient being unable to move or being in a single position for a long period of time, proper health care should help eliminate the risk. Usually, bedsores do not develop if the nursing home provides adequate help to the individuals living there.

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