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Stethoscope laying on a wood table

A study conducted by researchers at the Johns Hopkins University School of Medicine indicates that over 250,000 people die each year due to various medical errors. While most medical procedures are intended to improve the health of a patient, a small mistake in their medical record could lead to severe consequences. If a physician’s negligence causes wrongful death or harm to an individual, the family or patient can sue the party at fault for medical malpractice. Below is an explanation of how medical errors occur and how they get reviewed in a malpractice case.

How Do Errors in Medical Records Result in Malpractice?

All records regarding a patient’s history play a significant role in determining what kind of medical attention they receive. Physicians always reference a patient’s file when they administer treatment. If there was a mistake when the initial diagnosis was made or transcribed, this could affect the patient’s care by allowing their condition to get worse or causing them to undergo unnecessary medical procedures.

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Associate Regina Koyfman, with the assistance of Partner Daniela F. Henriques, recently defeated a defendant’s motion seeking dismissal on the issue of serious injury threshold. Our client (“plaintiff”) was a passenger in a motor vehicle that was struck on the passenger side, which caused severe injuries in the plaintiff’s neck and back. In support of the defendant’s motion for summary judgment, they submitted the medical affirmation of Dr. James R. Dickson.

On June 10, 2019, Dr. Dickson conducted a defendant’s orthopedic examination of the plaintiff, which revealed the following ranges of motion across the plaintiff’s body:

  • In the cervical spine, both left and right rotation were fifty degrees, extension was 30 degrees, and flexion was 80 degrees.
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Seafarers on boats, ships, liners, yachts, and other maritime-related vessels are often injured each day. Some of these accidents are caused by breakages or productions of defective maritime products. In the case that a defective marine product leads to an accident or an injury on navigable water or the dock, the injured party can file a claim. Also, the product which leads to an injury must meet the definition of a defective product as per maritime law. The plaintiff needs to hire a competent and reputable lawyer for consultation and to sue the party at fault. The tips below will aid in determining who is at fault in a defective maritime product case and the resulting action that they should take.

Parties Responsible for a Defective Maritime Product

A docked boat with a few lights on
According to the general maritime law, a manufacturer of a defective product is only held accountable in the event of an accident or injury. Anyone selling any product that is in a poor state and likely to injure the consumer is subject to accountability for any physical harm caused by the product. For one to pursue a claim of strict liability, he or she does not have to be the direct purchaser of the maritime product. As such, a third party injured by a defective product can hold the manufacturer responsible for the injury in a court of law.

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Both parents and the government consider school buses as safe transport means for schooling children. However, bus accidents happen from time to time and affect dozens of lives in the process. Several questions arise regarding the party liable for the accident, responsible for the medical expenses, and how one can seek financial reimbursement.

After an accident, parents should seek help from an experienced attorney regarding how to file a personal injury claim. Here are essential details of school bus accident liability.

Determining the Party Responsible for the Accident

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Most states, including New York, require their drivers and motorists to have liability insurance, but some drivers may not possess enough insurance to cover all injuries and property damage caused by their vehicle. If you find yourself involved in an accident with an underinsured driver, contact an attorney as soon as possible.

Take Pictures of the Crash Scene and Get Medical Attention An insurance policy and other documents sitting under a pair of glasses

Take photographic evidence of damage to vehicles, debris, and any visible injuries. These images will serve as evidence for your underinsured motorist claim and help determine who was at fault. After an accident, either party may have minor or severe injuries, so call for emergency medical help immediately and make sure to keep any receipts from medical costs incurred due to the accident injuries.

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Leav & Steinberg LLP is excited to announce that Julia S. Slater joined our team of personal injury attorneys in September 2019 and has recently been admitted to the New York Bar. Ms. Slater now works as an Associate at our firm and concentrates her practice in litigation, specializing in personal injury, product liability, and mass torts. She is admitted to practice in the States of New York and New Jersey.

Educational Credentials

A headshot of Julia S. Slater, an Associate at personal injury law firm Leav & Steinberg LLP in New York, NY

Ms. Slater graduated from Syracuse University in 2016 and received her Juris Doctor from the Benjamin N. Cardozo School of Law in 2019. While in law school, Ms. Slater participated in the divorce mediation clinic and Trial Advocacy Program. She was also a contributor to the Cardozo Arts & Entertainment Law Journal.

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Leav & Steinberg LLP recently represented a man who was injured in a slip and fall accident on an icy and snowy parking lot. The defendant, a snow removal company, tried to file a motion for summary judgment in their favor, rather than going to trial or settling out of court. Associate Julia Slater successfully defeated the defendant’s motion.

The Injury and Defendant’s Motion Courtroom representing legal services by personal injury attorneys Leav & Steinberg LLP in New York, NY

After his shift at work, our client (the “plaintiff”) was walking through his employer’s parking lot toward his car, when he slipped and fell on black ice and snow that was not properly cleared from a snowstorm the night before. The plaintiff fell and broke his right ankle. We filed a lawsuit against the snow removal company responsible for clearing the employer’s parking lot. The snow removal company filed a motion against the plaintiff, asking the judge to rule in its favor and that the case should be decided, based on summary judgment, right then and there, arguing that the company was not liable for our client’s injuries.

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In January 2019, partner Edward A. Steinberg settled a case at private mediation where Leav & Steinberg LLP represented a plaintiff who suffered injuries in an incident that took place in January 2014. The case was handled from the inception by partner Daniela F. Henriques. Learn how our partner was able to get the plaintiff the compensation she deserved.

The Facts of the Case The inside of a courtroom, representing the personal injury cases of Leav & Steinberg LLP in New York, NY

The plaintiff, who was 67 years old at the time of the accident, was injured when a floor manager—an employee of the defendants’ establishment—slipped and fell on water near the entrance. The plaintiff was present in the upper level of establishment, near the bread display, waiting for a table to become available for about 30 minutes. She was facing the glass display that allows patrons to see the employees making fresh bread. Her back was to the restaurant, and she was there with members of her family, including her son.

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Every driver hopes that they never get involved in a car accident. Unfortunately, reckless driving, bad weather, car engine failure, and other factors can lead to one. Truck accidents are more dangerous than car accidents as trucks are massive and will have a more significant impact. Truck accidents often lead to serious or fatal injuries, financial burdens due to medical bills, and emotional trauma for both the injured and their loved ones. Therefore, it is vital to consult with a lawyer to understand all viable legal options to file a truck accident claim. Here are some of the claims to include.

Economic Damages Incurred

A white 18-wheeler driving behind a red vehicle
Economic damages incurred during a truck accident are relatively easy to account for since they have an actual monetary value. Your attorney will assess all the information required to calculate the economic damages, including but not limited to damage to your vehicle or property, cost of physical therapy and other medical expenses, renovation cost to your property due to damage, and lost wages.

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Childbirth is a moment that every parent looks forward to. Unfortunately, things might not always go as anticipated. Injuries to newborns as a result of medical negligence can and do happen. If parents suspect their child suffered birth injuries due to medical malpractice, then a file can be claimed against the doctor and the hospital where the delivery took place. This may help to ensure that clients get justice and compensation for the pain and financial losses presently and concurrently incurred.

What Are the Common Signs to Look for?

A female patient sitting on a medical bed

While some signs of birth injuries may be easily noticeable after delivery, others may not be present until later on in the baby’s development. Also, while some symptoms may indicate a birth injury, they may also indicate other health problems. The following are symptoms that should require immediate attention:

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