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New York City Personal Injury Law Blog

The truth about medical malpractice in america

While "medical malpractice" is a term widely used, many New York residents are unfamiliar with the fine print of these claims. Although mistakes are common, they can be complex and difficult to pinpoint; not to mention, they can come with damages that may last a lifetime. The below information discusses some recent facts about medical malpractice claims, as well as the ways doctors handle such situations.

According to a Forbes article published last October, medical malpractice claims appear to be on the decline. However, OB/GYNs and neurosurgeons still face a considerable number of lawsuits. As for the payout of these claims, Forbes shares that the average malpractice payment has seen a 25 percent increase since the 1990s -- OB/GYNs and neurosurgeons see these payments occur in roughly one out of eight claims. And although many point toward unsatisfactory outcomes as the sole reason behind malpractice claims, countless patients across the nation experience horrific results from medical procedures.  

Are you a victim of sexual harassment in the workplace?

New York workers have the right to a workplace that is free from discriminatory and harassing treatment. You do not have to endure unfair, inappropriate or illegal treatment in your workplace, especially sexual harassment. If you are a victim of this type of behavior, you have the right to fight back.

There is no place for harassment of a sexual nature in your place of work. Victims often feel ashamed or overwhelmed by what they experienced, but you do not have to face it alone. You can speak up for yourself and take action to hold other parties accountable for their inappropriate behavior. 

New York's school bus laws: what to know

As the incident of the Chattanooga school bus crash still lingers in the minds of concerned parents, New York's school bus laws have come under close scrutiny. While most buses are inherently safer than, for instance, smaller vehicles, many residents worry over the regulations of specific school zones. Below are a few facts to know about New York's school bus laws.

It is a question that most parents ask, and is one that can come with a complex answer: do bus drivers require children to wear seatbelts onboard? As the Governor's Traffic Safety Committee shares, all school buses manufactured after July 1, 1987 must be equipped with seat belts. However, the law does not stop there; the state does not currently require the use of seat belts. Instead, this decision is up to the individual school district. The committee encourages parents who are concerned about seat belt rules to contact their local school board for more information. 

Fewer pedestrians died in the Big Apple in 2017

The streets of New York City often fill with pedestrians. Tourists, residents and those who commute into the city for work flood into the city every day. With the sheer number of people walking the city's streets, it may surprise you to know that the number of pedestrians dying in traffic accidents has dropped significantly in the past four years.

In fact, in a time when more pedestrians are dying on city streets across the country, the number of people dying that way here in NYC has dropped around 45 percent since 2013. This may be due to changes made in order to increase the attentiveness of drivers and lower speed limits.

Common types of brain injuries

Any accident can be frightening, but a brain injury is an entirely different story. Even a small concussion can have hidden dangers that can expose themselves over time. While most New York residents know that a brain injury of any kind can be crucial, few know the various types of injuries and the short- and long-term effects they can have on an individual's life.

First, many might wonder, how does a traumatic brain injury directly affect the brain? BrainLine first explains that there are two main areas where brain trauma occur, known as focal injuries and diffuse injuries. There can be both primary injuries, which occur immediately, and secondary, which become apparent over time. Essentially, a primary brain injury can cause the brain to bleed, swell or suffer from torn nerve fibers.  

Title VII: A key factor to fighting sexual harassment at work

No matter where you work in New York, certain rules of appropriate behavior apply to all work environments because employment law dictates it. While you may not see eye-to-eye with every colleague or executive, it does not give anyone license to treat you disrespectfully or impede your ability to perform the normal tasks of your workday.  

Working in a hostile atmosphere or facing coworker or employer intimidation causes stress. Some types of wrongful behavior, like sexual harassment, strike a very personal, intimate cord. The emotional trauma that accompanies such violations may carry lasting repercussions that reach far beyond the actual date of a particular incident.

Medical errors: a widespread issue

For some New Yorkers, simply making an appointment with a doctor is enough to bring on a world of stress. When that doctor makes a mistake, however, everything can change. Depending on the type of medical condition, a person's overall health could be thrown into jeopardy. The following delves into the most common medical errors and what some advocates are doing to address this nationwide problem.

According to an article shared from MD magazine last month, nearly half of all patients admitted to intensive care units experience a medication error at the hands of a professional. While most errors did not inflict significant harm, some medications require close monitoring and dosages. More specificallly, MD shares that 6 percent of these mistakes caused notable harm to the patient; high volumes of medication orders contributed to these slip-ups. Closing the article, MD states that proactive steps to reduce the number of errors included making regular ICU patient care rounds and maintaining clear communication. 

Which factors can contribute to truck rollover accidents?

Nearly any type of large truck accident you can imagine is terrifying to think about. From being t-boned or rear-ended by a commercial truck to getting hit head-on or involved in a chain reaction crash, you and other New Yorkers could face serious injuries or death when confronted by a semi on the road. Another frightening, potentially devastating and common type of truck accident is a rollover crash.

The Federal Motor Carrier Safety Administration explains that truck driver error accounts for 78 percent of rollover crashes across the country. However, not all accidents are due to an inattentive or reckless trucker. The following factors are often involved in rollovers:

  • Speed, swerving between lanes or taking a turn too fast
  • Adverse weather, especially ice, rain or wind
  • The driver being distracted, fatigued or intoxicated
  • The truck needing maintenance or sustaining a blown tire or failed brakes
  • Cargo that is improperly loaded or has shifted during transport

OSHA releases list of top safety violations

If you or one of your family members is employed in the construction industry in New York, you have good reason to want to stay aware of the type of risks faced on job sites everyday. You should be able to trust that employers will do all they can and should to keep people safe but unfortunately this does not always happen. The Occupational Safety and Health Administration all too often must issue citations to companies that fail to follow safety standards.

The Claims Journal reported that the list of top ten violations issued by OSHA in 2017 included nine things in which falls, a commonly acknowledged serious risk on construction sites, may be included. In fact, the violation in the top spot with more than 6,000 citations in the year was fall protection - general requirements. Coming in at number nine is what is referred to as fall protection - training requirements. This violation received more than 1,500 citations last year.

Why are there drug recalls?

Vehicles, toys, food, drugs; it seems that there is always something being recalled in New York and throughout the U.S. Despite meeting required testing and safety standards, there may still be problems that aren’t discovered until these products are in the hands of consumers.

The federal government’s Food and Drug Administration requires meticulous testing of drugs before they are released to the market, according to WebMD.com. Unfortunately, that doesn’t mean it is 100 percent safe. Both the drug maker and the FDA continue to keep an eye on new medication and results of its use. If there are problems, the drug may be recalled either by the maker or upon request of the FDA.

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