The United States Department of Justice (DOJ) has announced a $145 million settlement with Practice Fusion, a company that furnished software used for keeping electronic health records (EHRs). The settlement describes a scheme in which Practice Fusion’s software would encourage doctors to prescribe more opioids, which in turn would earn them a kickback from a pharmaceutical company. The pharmaceutical company involved was not named in the settlement.… Read the rest
Unfortunately, bed sores are a common problem at nursing homes around the country. Aside from being painful, bed sores can result in serious health problems, potentially even being life-threatening in more advanced cases. They are almost never unavoidable and can be a major sign of neglect on the part of a nursing home, and if you have a loved one in a nursing home, you need to be wary of the appearance of bed sores.… Read the rest
If you are injured by the negligence of another person it is important to know that you may have an action against not only that person, but may also have an action against others based on the situation. Through the doctrine of vicarious liability, one person (or company) may be held liable for the acts of another person. Not only does vicarious liability allow a party to recover from multiple sources, it may also help a plaintiff sue the proper party and assure they will receive just compensation.
Employer’s Vicarious Liability
The most common example of vicarious liability is holding … Read the rest
The American Automobile Association (AAA) released a report that shows older drivers are more likely to be distracted when using in-vehicle technology while driving. The report was released after a study was conducted on the age-related differences in the cognitive, visual and temporal demands of in-vehicle information systems. The study was comprised of 128 participants who divided into “younger drivers” between the ages of 21-36 and “older drivers” who were between the ages of 55-75 years old. … Read the rest
Every homeowner is required by law to maintain their decks and their properties in a safe condition at all times. To prevent accidents from occurring, on June 21, 2010 the New York City Buildings Department launched the No-Penalty Deck and Porch Inspection Program, an initiative to help property owners throughout the City ensure their decks and porches are structurally sound and in compliance with City regulations.
Under the program, there is no risk or violation for the initial visit by the Department. In the event that repairs are needed, or unsafe conditions that do not present an imminent danger are … Read the rest
In 2008, the New York State Bar Association (NYSBA) created a permanent Task Force on Wrongful Convictions. The task force examined 53 cases where a defendant was wrongfully convicted of a crime but later exonerated. In a report issued last year, it concluded that wrongful convictions resulted from multiple factors including identification procedures, government practices, mishandling of forensic evidence, defense practices, the use of false confessions and the improper use of jailhouse informants.
Based upon the findings and recommendations of the Task Force on Wrongful Convictions, the NYSBA earlier this month unveiled new legislation that would amend the Criminal Procedure … Read the rest
Once in a while discussions about injuries resultant from playing Nintendos games are published. Ailments have humorously been labeled “Nintendinitis” and recently more specifically as “Wiiitis,” referring to Nintendos Wii video-game system. The Wii games console includes a wireless remote that detects movement in three dimensions for players participating in sports such as tennis, golf, boxing, baseball, and bowling. Wiitis may become a more prevalent problem because adults are more likely to use the Wii than Nintendo.
The current issue of The New England Journal of Medicine (Karen A. Eley, M.R.C.S.(Ed)) reports that a 14-year old in Oxford, England was … Read the rest
For more than ten years, Taxi and Limousine Commission rules have prohibited drivers from using cell phones while driving. In May, 1999, the Commission was the first regulator in the country to ban hands-free cell phone use while driving. Now the TLC has gone further. Effective January 29, 2010, the ban against licensees using a telephone while operating a vehicle has been expanded to include portable and hands-free electronic devices in the hopes of reducing distracted driving that often leads to auto accidents.
According to the TLC website, the rule makes four other changes to existing rules: Expands the definition … Read the rest
The New York State Bar Association (NYSBA) had its annual meeting in New York City this week. For the past number of years the meeting has featured a Presidential Summit at which the Bar President chooses hot topics of the day for a distinguished panel to discuss. This years topics were wrongful convictions and attorneys use of social media, which centered mostly upon issues of privacy and the internet.
I was fortunate this year to be able to attend the Presidential Summit for the first time, and it was well worth the time (I shouldnt say it was well worth … Read the rest
In 720-730 Fort Washington Ave. Owners Corp. v. Utica First Ins. Co., — N.Y.S.2d —-, 2009 WL 3645656 (N.Y.Sup. 2009), an insurance policy was purchased to protect against injuries sustained by workers injured during roofing work. Somehow, the policy included three exclusions: an employee exclusion, an exclusion for roofing work, and an exclusion for any liabilities assumed under contract or agreement. Sure enough, during the construction work, an accident occurred in which an employee of the subcontractor was injured when a concrete block allegedly fell on him.
The insurance company disclaimed coverage based upon the three exclusions and the building … Read the rest