Personal Injury Attorneys - Manhattan, Brooklyn, Queens, Long Island and the Bronx

In Caiozzo v. Koreman, 581 F.3d 63 (C.A.2 (N.Y.)), the plaintiffs decedent died while in custody as a pretrial detainee at Albany County Correctional Facility (ACCF). The cause of death was ascribed to seizure due to acute and chronic alcoholism. It was alleged that the defendants failed to provide him with alcohol withdrawal treatment that they knew or should have known he needed, resulting in his fatal seizure. The timing of a detainee's last drink is important in assessing the need for and timing of alcohol withdrawal treatment. The error of the defendant nurse who examined the plaintiffs decedent was in believing that his last drink was the evening on the date that she examined him, when in fact it was the evening before. A deliberate indifference claim can lie where prison officials engage in a policy of deliberately igno

Well theres a mouthful. The quote, from Senator Rockefeller in the context of the health care reform debate, was said in an interview on Bloomberg Televisions Political Capital with Al Hunt, airing this weekend. He is not only critical of the insurance industry, but he intends to do something about it. Specifically, Rockefeller said he would introduce an amendment requiring insurers to spend 85 percent of their revenue on health care for consumers. Rockefeller also said he would back a plan, in separate legislation, to repeal the insurance industries antitrust exemption. Rockefeller was critical of Senate Finance Committee because it failed to include the public option, although he did vote for it. Rockefellers proposed amendments shows how he is honed in on the different ways health insurers pad their bottom line at the expense of the public and wants to confront these excesses by spurring competition and controlling costs. His amendment limiting insur

If you spend an hour reading this report, chances are that five to 11 Americans will die from preventable medical errors by the time you finish. Chances also are better than 50-50 that not a single malpractice payment will be made as a result of any of these avoidable deaths. Policy makers intent on reducing the legal liability of our health care system should address the crisis that experts acknowledge the shocking prevalence of medical errors instead of falling prey to the special interests' fiction that lawsuits are at the root of the problem. So begins and ends the July 1, 2009, report by Public Citizen titled The 0.6 Percent Bogeyman debunking the myths concerning the so-called medical malpractice crisis. According to the report, the problem isnt that too much is being paid out in medical malpractice claims; its that too many victims of malpractice are not aware that their situation merits a

Part and parcel of many types of claims for bodily injuries is the medical examination conducted by a physician designated by an insurance company. This can occur in contexts including a personal injury lawsuit, a claim for motor vehicle no-fault benefits, a disability claim or a workers compensation claim. Once in a while one of our clients complains that they were injured by the insurance company doctor, although no one, as far as we know, has gone so far as to try to sue the doctor. But if a client did sue, would it be considered an action for medical malpractice or for negligence? It made a difference in Bazakos v. Lewis, --- N.E.2d---, 2009 WL 1765980 (N.Y., 2009), a 4-3 split Court of Appeals decision dated June 24, 2009, because the suit was commenced after the 2 -year