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October 2017 Archives

Premises liability claim follows fatal fall at NFL stadium

Like in all other states, property owners in New York must take care of their properties and avoid dangerous conditions that can cause injuries to patrons. When visitors suffer injuries or lose their lives, the property owners may have to face premises liability lawsuits. However, the plaintiffs will have the burden of proof of negligence -- which could be a challenging task.

Medical malpractice claimed for unnecessary surgery

Medical providers such as doctors and hospitals nationwide, including in New York, have a standard of care to maintain. When that standard is compromised, patients can suffer severe harm, and medical providers may be held responsible. While some medical malpractice claims involve the removal of the wrong organs or body parts, a recent lawsuit claimed doctors removed body parts for the wrong reasons.

Brain injury: Causes, consequences and recovery of damages

Damage to a person's brain can happen in two ways, both of which are preventable and can be caused by the negligence of others. Victims of brain injuries in New York and their families may have questions about it. Traumatic brain injury occurs when a person's brain suffers physical damage such as bruising or bleeding inside the skull and also includes concussion. Acquired brain injury is caused by either total or partial oxygen deprivation.

Steps to take to avoid being affected by medical malpractice

The last thing to wish on any person in New York who has health problems is negligent medical care. A surgical error, a missed or incorrect diagnosis or wrong prescription can be devastating for patients and their loved ones. Because of the prevalence of reports about medical malpractice, it might be beneficial to be aware of the risks when dealing with physicians, hospitals and other health care providers or facilities.

Car accidents: Unsafe passing blamed for fatal head-on collision

New York Route 22 in Putnam County was closed for several hours on Columbus Day. This followed a fatal crash that claimed the life of a man from Ossining. According to a preliminary report, this was one of those car accidents that followed one driver's unsafe attempt to pass another vehicle.

Good Samaritan law can prevent medical malpractice claims

Any New York physician will likely sometime face circumstances in which he or she is expected to provide medical assistance in emergency situations that occur outside of his or her regular practice or place of work. However, what happens if the aid provided does not save the victim's life or some other reason is found to hold the physician responsible for an adverse outcome? Can the doctor be sued for medical malpractice?

Trusts: What is the purpose of a successor trustee?

When a person in New York sets up an irrevocable trust, another party is appointed as the trustee to administer the trust from the date of establishment. However, different types of trusts serve various purposes, and when a revocable trust is established, the trust maker can administer the trust him or herself. A successor trustee will be appointed to take over if the trust maker becomes debilitated and unable to manage the trust -- or when the trustor dies.

Collapsing decks can lead to premises liability lawsuits

Owners of hotels, vacation rentals and other properties in New York must maintain premises in a manner that will ensure the safety of the public. The North American Deck and Railing Association (NADRA) reported that over 40,000 decks on U.S. properties are in states of disrepair, resulting in a significant rise in injuries suffered due to deck failures. The owner of a property where such an incident occurs could face a premises liability lawsuit.

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