Binghamton Law Blog: Covering Topics from Personal Injury to Estate Planning Law

Heading toward the holiday season, no one would want to be in a hospital bed when others count down to the start of the New Year. New York weather conditions in December can change rapidly. Drivers who take to the road when the weather seems fine can face unexpected hazards almost in the blink of an eye. Safety authorities say more people die in weather-related car accidents each year than extensive weather disasters like floods, hurricanes and tornadoes.

Rain, sleet, snow, ice and fog can all cause problems. The U.S. Department of Transportation notes that while rain and wet roadways cause many accidents, dense fog, heavy snow, and blinding rain can suddenly reduce good visibility to almost zero within seconds. Squalls or intense bursts of heavy snowfall can cause slick roads and reduced visibility that take drivers by surprise.

This is the time of the year that New York is hammered by storms that make travel extremely hazardous. There is no shortage of car accidents, and sadly, many lives are lost each year in the time leading up to the holidays. However, proactive drivers can take precautions to increase their chances of arriving at their destinations safely.

It might be a good idea for New York drivers to check weather predictions and to only travel when they must. They should also make sure the gas level in their vehicles' tanks is not below half. Drivers should increase following distances to allow enough space for coming to a halt on icy roads, and when snowstorms limit visibility, they should make sure the hazard lights are flashing. If it is necessary to stop due to snow and public works activities to clear the road, drivers should pull off the roadway.

Doctors nationwide, including in New York, have a duty to provide care of an acceptable standard. If that duty is breached, and the breach causes harm to the patient, there might be grounds for a medical malpractice lawsuit. However, there might be some confusion between medical negligence and medical malpractice -- both of which could lead to tort claims.

If a doctor knows about a patient's symptoms but fails to order tests to help with diagnosis, it could be judged as malpractice. However, if the results of tests or symptoms are misinterpreted, an inaccurate diagnosis could lead to a negligence claim. When it comes to surgical errors, any deviations outside the standard practices or knowingly doing surgery that involves the wrong body part could constitute malpractice. Making a mistake due to distractions or failure to study medical reports and instructions before the surgery will likely lead to a medical negligence claim.

New York parents may have concerns about children with special needs who might outlive them. Naming a disabled child as a beneficiary in a will may not be the best option because it could jeopardize that person's eligibility for government support programs. Medicaid, Supplemental Security Income and other government programs like subsidized housing and job training typically have restrictions on the income of disabled individuals. However, parents can establish special needs trusts by which they can earmark assets to provide support before and after their deaths.

A special needs trust can be put in place to benefit a child with mental and physical disabilities. It can provide for various needs, and the donor can specify how the funds are to be used. However, the beneficiary's limitations might prevent him or her from managing those assets independently. In that case, the donor can appoint a trustee to watch over the spending of the assets, also making sure that the funds are used as intended by the donor.