No one expects to be the victim of an accident or injury that arises as the result of someone else’s negligence. And yet, thousands of people are injured every year file personal injury suits to address exactly this kind of situation. Here are seven common reasons that people get hurt, resulting in personal injury lawsuits:… Read the rest
The Centers for Medicare and Medicaid Services (CMS) has proposed a new version of its Physician Fee Schedule rule, which, if adopted, would significantly expand the number of telehealth services covered by Medicare. The new rule would make it easier for Medicare recipients to obtain certain telehealth services, as the agency begins to adopt a more open attitude towards telehealth in general. This push is a clear response to the coronavirus pandemic, and the risks it particularly poses to the demographics most often covered by Medicare.… Read the rest
No one wants to believe their loved ones are being mistreated while in the care of a nursing home. After all, the entire purpose of placing someone you care about in a nursing home is to ensure their needs will be cared for when you are unable to care for them yourself. However, far too many nursing homes are neglectful of their residents, and one of the surest signs that this is going on is the appearance of bed sores.… Read the rest
BayerAG, the chemical and pharmaceutical conglomerate, has agreed to pay $10 billion to settle a series of lawsuits brought against it over its signature weed killer, Roundup. The herbicide became the subject of major public controversy after it was discovered that Roundup had carcinogenic properties, a fact that was known by its manufacturer, Monsanto, for decades. The company covered up this fact and continued to sell Roundup to the public, netting billions of dollars from sales of the weed killer in the interim.… Read the rest
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