Articles Tagged with “manhattan accident attorney”

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Partner Edward Steinberg, presented the Legistlative Update at the Decisions seminar held in Westchester County.   Each year, the New York State Trial Lawyers Association, holds a conference where attorney’s in the field of negligence law speak on varying topics and recent updates.  Last month, Edward Steinberg of Leav & Steinberg was selected to speak on the legistlative changes in New York.  Many of these changes are critical to helping those victims injured as a result of the negligence of others.

Among the most important changes was the change in the law called Laverne’s Law.

Lavern’s Law was recently signed into law by Governor Cuomo on January 31st, 2018, after recent Senate (53-1) and Assembly (104-8) amendments were passed on Tuesday, January 30, 2018.

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One of the most important of many areas of discovery in a medical malpractice case is the examination before trial of the defendant doctor. As part of that discovery process is to make sure you obtain a complete certified copy of the doctor’s office records, if any, well before the deposition takes place. In addition you want to make sure that the defendant brings with them their original office chart, not just a certified copy. You want to have the opportunity to examine that original chart for a number of very important reasons. First a review may help support any claims that the doctor may have added  or changed his original records to help support his version of facts concerning treatment, conversations, etc. By having an opportunity to review the original chart you can determine, if it contains handwritten notations, whether the doctor used different color pens to generate the same contemporaneous note, especially if the suspected addition which supports his version of events is in a different color ink.

Phil Papa of our office, once had a case against a defendant podiatrist who was being sued for failing, at an office visit, to recommend emergency hospitalization to my client, a diabetic, for treatment of an infected diabetic foot ulcer. His office notes stated that he advised the patient to immediately proceed to the nearest emergency room for treatment. My client testified that he was never told to seek hospitalization. He ended up with a partial amputation of his foot. I requested a discovery and inspection of the original chart because the doctor had not produced it at his deposition. During a careful examination of the office notes which were handwritten on note paper. I picked up that the watermark on the note paper he generated the note in question established that the piece of paper was printed a year after the date of the visit in question. He obviously had decided to rewrite that note with changes but didn’t realize that the paper he used was manufactured after the fact! Needless to say the case immediately settled.

While many firms suggest that they specialize in handling medical malpractice cases, it is imperative that a client or the family of a loved one, consult and retain an firm that has the background and experience in handling the nuances that come with medical malpractice.  At Leav & Steinberg, LLP your case will be reviewed and if handled, no aspect of the case will be ignored.

 

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Dog1-239x300                                  OR                             Dog2-300x246

Dogs, some say they are man’s best friend. In New York City, this is more than just an expression. People here love to have their trusty companions by their side at all times. Dogs are brought along to Saturday brunches, trips to the book store, and even on the subway.

According to the New York City Department of Health and Mental Hygiene, there are approximately 85,085 dogs with active licenses living in New York City. The Department also reports that only about 20% of dogs are actually registered with the department.  

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Chicago-Marathon
This blog is often filled with stories of clients who have sustained serious life altering injuries and have asked LEAV & STEINBERG, LLP to represent them in seeking the legal justice and adequate compensation due to the negligent actions of others.  Very often the cases take years to progress through litigation.  Very often at each step of the way (depositions, discovery inspections, physical exams) there are pitfalls and things that must be carefully planned in order to achieve success.  The outcome is usually a result of the hard work in preparation.  My personal life over these past six months is quite similar.

As this weekend approaches, I have been checking the weather in Chicago for Sunday.  Mostly sunny, high of 65 and low of 52.   Looks like perfect running weather.  If it was only that simple.  I made the decision to enter the lottery to run the Chicago Marathon about 6 months ago.  Luckily I got in.  That was where the hard work begins.  I have trained for the last 4 months with six days of working out and varied my runs with heart rate training, pacing sessions, and interval speed work.  The goal, to qualify for the Boston Marathon for April 2018.

I have previously run 4 marathons and have gotten within 4 minutes of qualifying.  That has not stopped my determination.  I am hopeful this year will be the year.  I am focused and mentally ready.  As my trainer has told me…the hay is in the barn….  time to run…  The last few weeks are tapering weeks so the running has decreased and the level of rest increased.  This can be tough as many of you on the east coast know….its mallomar season.

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TI Rap concert
As we reported previously here on May 30th, 2016 Leav & Steinberg, LLP was retained by several individuals who sustained serious and significant injuries at the T.I. Rap Concert.

For many excited concerts goers and fans, the night of May 25, 2016, was supposed to be filled with fun and music at rap artist, T.I.’s, New York concert held at Irving Plaza. Unfortunately, due to inadequate security measure and substandard emergency protocol, violence and gun fire erupted during the show inside New York’s famous music venue tragically leaving one person dead and others seriously injured.

Two of our clients at Leav and Steinberg, LLP were at the T.I concert at Irving Plaza to have fun and enjoy the show at the time of the shooting. They could have never expected that moments later they would be fleeing for their lives. At some point during the show, gun fire inside Irving Plaza sparked mayhem and chaos which quickly combined with overcrowded conditions that spread throughout the venue causing patrons inside the venue to flee to the nearest exits.

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Sidewalk
When Lt. Brendan Connolly a New York City Firefighter was responding to a local emergency, the dangers of being a firefighter were always in the back of his mind.  Smoke, trapped locations, innocent victims needing help.

However, the roads of New York City are often so dilipadated and filled with potholes and ruts that when his fire truck hit a recurring defect in a city street of Cypress Hills, Queens his life would change forever.

As reported here in the New York Post, Lt. Connolly fractured his spine and has been rendered disabled from working because of a sinkhole that has been recurring.  Neighbors report that this problem has been recurring for years.  Yet, the ability to legally recover against the City of New York for this defect is fraught with many hurdles.  Some nearly impossible to overcome.

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Tesla Logo
As an attorney representing car accident victims quite often, the recent news of two Tesla vehicles that crashed while in self-driving or autonomous driving mode raised a lot of questions.  From the attorney perspective, we are taught to evaluate an accident applying two major elements.  The first element is negligence, a two prong question.  First, d id the operator of a motor vehicle, operate his or her car in a way that was unreasonable under the circumstances.  The failure to operate your car in a reasonable manner is the first element of negligence.  The second element is proving that that failure, was a substantial factor or proximate cause of the accident.  The lines are blurred when we consider modern technology.  We must now consider whether the vehicle itself was negligent.

Tesla advises all of its owners that it’s autopilot feature DOES NOT mean that the vehicle is operating itself.  However, all marketing and news stories are describing the benefits of placing the car in autopilot mode and allowing the car and its sensors to sense the road and vehicles and obstructions around it.  Given this dichotomy, one must ask if the warning given is sufficient to free Tesla of any responsibility.

Joshua Brown’s death was the first reported death while operating a vehicle in autopilot mode.  This month, his vehicle collided with an 18 wheeler when the autopilot feature and the surrounding sun glare did not allow the vehicle’s autopilot features to react in a reasonable and timely manner.  The National Transportation Safety Board is investigating this accident with a focus on fault of the vehicle’s autopilot features.

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  • Bed sore

When one is admitted to the hospital, it is always due to a medical condition; either emergent or developing. Whether serious or just for monitoring the hospital and its staff must always remember, the safety of the patient is paramount.  Unfortunately, what often happens with those who are laid up is that their body begins to breakdown and develop what is knows as pressure ulcers or “bed sores”.

Bed sores develop when the body is caused to rest in one particular position for too long.  As many who are in the hospital have injuries or ailments that restrict movement, hospitals have protocol in place for observing the patient, monitoring any development of bed sores and of course, when seen, enacting a protocal ranging from rotation, to dressing application to adjusting the patient so that part of the body can heal.  The development of bed sores is not at all uncommon but with proper medical care and supervision can be avoided.  At the very least, any initial sign of a bed sore, can then be treated so as not to cause the spread or further deterioration of the skin.  Such bed sores are extremely painful and debilitating.

In pursuing a recent medical malpractice case on behalf of a patient who was in the hospital for unusual abdominal pain, Leav & Steinberg, LLP was asked to investigate how the patient could have developed not just stage 1 bed sores but sores that progressed all the way to a stage 4. Sadly our client passed away only a few months after developing the bed sores, but the family was distraught that he could have endured such a horrific and painful ending to his life, despite being under the constant care and supervision of what was supposed to be trained nurses and doctors.

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Dresser IKEA
Having a newborn is one of the great gifts life has to offer.  A new baby ready to discover the world. Parents ready to provide a safe environment.  However, many products that companies sell to the public are dangerous and can cause serious personal injuries and even death to the innocent and helpless.

This past week, the world’s largest retailer IKEA recalled 29 million dressers.  The Malm and other models of chests pose a serious hazard, and consumers were urged to anchor the items or return them, the U.S. Consumer Product Safety Commission said Tuesday on its website.  The dresser, it was reported had caused 6 deaths and had 82 incidents.

Sadly, the problem is not new.   As is often the case, it is not until litigation is brought or serious injuries or death occur that a company chooses to recall and fix a product; often placing profits over safety.

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Blue bicycles emblazoned with “citi bike” are becoming ubiquitous around New York City. On May 27, 2013, the Citi Bike program opened to Manhattan and parts of Brooklyn. The program started with 6,000 bicycles at more than 300 stations. The “city has added more than 350 miles of bike lanes in recent years” in order to accommodate the Citi Bike program. While biking is healthy and doesn’t add to air pollution, a biker must be cautious and aware to prevent injury.

Injuries While Biking

“About 800 deaths and more than half a million emergency room visits related to bicycling occur in the United States each year. Head injuries account for about two-thirds of hospitalizations and three-fourths of deaths. … Helmets would prevent about 85 percent of head injuries.”