Medical Malpractice: Four Common Issues

Medical malpractice refers to any case where a doctor or other medical professional engages in negligent or reckless conduct that results in harm to a patient. This harm can be a result of something they did to the patient, such as performing the wrong surgery on a patient, or it can be a result of carelessness, such as misdiagnosing or failing to diagnose an ailment in a timely fashion. Here are a few common issues that arise in medical malpractice cases.

Did they really do anything wrong?

There is a difference between making a mistake and being negligent or reckless. … Read the rest

“Key in the Ignition Statute” Will Hold Vehicle Owner Liable for Deaths of Pedestrians Struck by Drunk Driver Who Had Stolen the Vehicle

When Joe Guerrero left his keys in the ignition of his car with the engine running while he went into a deli last weekend, a drunken man stole his vehicle and then ran down 2 pedestrians. Even though Mr. Guerrero was not driving or occupying the vehicle and had not given the drunk driver, a stranger to him, permission to drive his vehicle, he will be liable to the families of the 2 pedestrians for causing their deaths. This is true because of Vehicle and Traffic Law 1210(a), sometimes called the “key in the ignition statute.” This statute makes the … Read the rest

How Will “Doorbuster Bill” Proposed In Wake of Trampling Death of Wal-Mart Worker Effect Stores’ Civil Liability in the Future?

This past Black Friday bore witness to the inherent dangers in failing to properly control a crowd that could and did turn into a stampeding mob oblivious to the fact that a man was being asphyxiated beneath them. Two days after stampeding shoppers trampled a Wal-Mart worker to death at a Valley Stream, New York store, Queens-based New York City Councilman James Gennaro announced his plans to craft a “Doorbuster Bill” that would require retailers to enact greater security measures during major sales. Nassau County is apparently considering enacting a similar law.

On Black Friday, the now-traditional day after Thanksgiving … Read the rest