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April 2020 Archives

Medical malpractice is among top 3 primary causes of death

The number of wrongful death lawsuits filed in New York and other states each year is reported to be significantly less than the number of medical errors that occur. Estimated numbers of deaths nationwide due to medical negligence or errors exceed 250,000, but the number of lawsuits claiming medical malpractice does not come near that amount. This might be because many victims of medical errors are unsure about the viability of their claims.

DIY wills and trusts may not be the best option

Sometimes, in certain circumstances, people in New York who have not engaged in estate planning choose to go with low-cost do-it-yourself options. Digital estate plans are easily accessible and promise to save attorney's fees. However, none of those digital wills and other related documents are designed to meet the unique needs of every individual who chooses this option.

Who may file a wrongful death claim?

Driving is the most dangerous mode of transportation nationwide, including in New York. Despite all the awareness campaigns to underscore the dangers of driving under the influence of alcohol and drugs, texting while driving and other risky behaviors, thousands of people die in car accidents each year. Although no amount of money can replace a loved one lost in a crash, filing a wrongful death claim could relieve the unanticipated financial and emotional damage sustained by the surviving family members.

Not all adverse medical outcomes constitute medical malpractice

Anybody in New York whose medical condition does not improve -- or worsens -- after treatment by medical professionals might have questions about his or her legal rights. However, medical malpractice is a complicated field of the law, and negligence does not cause all adverse outcomes. Medical malpractice happens when a doctor or medical facility is negligent in a way that causes harm to a patient.

Estate planning requires review of wills and trusts

Many people in New York do not realize the importance of reviewing estate planning documents occasionally. Once wills and trusts are established, reviewing them can ensure that life's changes are reflected in these documents. Advisers say all important legal documents should be reviewed and modified if necessary at three- or five-year intervals and also upon reaching certain milestones in life.

Whiplash in an auto accident can cause traumatic brain injury

Victims of car accidents can suffer a range of injuries, some of which could remain hidden and undiagnosed for weeks or even longer. Many crash victims in New York are unaware of the damage the whiplash motion of the head could cause. Traumatic brain injury can occur even without the head striking the steering wheel, dashboard or windshield.

Procrastination prevents some from drafting trusts and wills

It is not uncommon for people in Upstate New York to put estate planning on the back burner. Some procrastinate, while others do not want to consider their mortality, and still others might do estate planning without professional guidance. Seeking legal counsel can prevent the many basic mistakes made by people who do not understand the intricacies of trusts, wills, powers of attorney and other estate planning documents.

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