Coughlin & Gerhart, LLP
Main Navigation

March 2019 Archives

Trusts are like specialized tools added to a toolbox

Investors in New York might know how they would prefer to have their assets distributed after death, but they might have questions about the most appropriate way to plan it. One way to do this is by adding trusts to their estate planning, similar to adding a specialized tool to a toolbox for a specific purpose. The specifications of an irrevocable trust cannot be modified, but a revocable trust can be modified as often as the grantor wants during his or her lifetime.

Medical malpractice suit might follow teenager's death

A New York family is struggling to deal with the tragic death of a teenager. The family indicated they intend to file a medical malpractice claim against the SUNY Downstate Medical Center. They claim the medical facility's negligence led to the 15-year-old's death.

Many medical malpractice claims involve diagnostic errors

The last thing any New Yorker who needs medical treatment would want is being misdiagnosed by a doctor. However, as two recent studies and several in the past decade found, a significant percentage of medical malpractice claims against physicians involved misdiagnosis. Analysis of claims showed that the failure to assess the entire clinical picture by analyzing all of the available information appears to be the primary cause of diagnostic errors. This includes the patient's medical history, the symptoms he or she reported, the physical examination and all test results.

Traumatic brain injury consequences can be life changing

The Centers for Disease Control and Prevention says almost 2.8 million people nationwide, including New York, will be TBI victims during this year. Anyone can suffer a traumatic brain injury, whether it is while participating in sports or as the result of a slip-and-fall injury or car accident. The reality is that it could be a life-altering injury that might prevent the victim from returning to work, and long-term therapy might be par for the course.

Wills, estate planning and new parents

With a newborn child in the house, changes to familiar dynamic are inevitable. While new parents adjust to those changes, they might neglect to consider the changes this new member of the family brings to their legacy planning. Life is unpredictable, and lives can be lost in split seconds. New York parents might be wise to modify existing documents such as wills and beneficiaries and appoint guardians as soon as possible after such an event.

Medical malpractice for misdiagnosis is not uncommon

Anyone who feels ill enough to go to the doctor will naturally expect the physician to diagnose the condition accurately and provide the necessary treatment. Unfortunately, the number of medical malpractice claims that go through the New York civil courts indicate that many conditions are misdiagnosed. When this happens, complications can develop, often severe enough to lead to disabilities or death.

Revocable trusts: Valuable in planning for blended families

The circumstances and dynamics of each New York family are unique, and so are their estate planning requirements. Fortunately, tools such as revocable trusts are available to meet the needs of all. They are particularly useful for blended families in which both parties come into the marriage with their assets and children from previous relationships, and children might be born in the new union.

Medical malpractice: Who was the negligent party?

Anyone who is hospitalized in New York expects medical treatment of an acceptable standard. Patients naturally want to be in better health at the time of their discharge than what they were upon admission. Sadly, the number of medical malpractice claims that are filed in the state's civil courts indicates that many people are in poorer health after hospitalization.

© 2019 by Coughlin & Gerhart, LLP All rights reserved. Attorney advertising. Prior results do not guarantee a similar outcome.