New York Personal Injury Lawyer Blog

Recent reports from a New York City Injury Lawyer reveal lawmakers from the state of Vermont have considered asking the Shumlin administration in Vermont to come up with recommendations for correcting the medical malpractice system in the state with the main concern being they would like to lower the costs of healthcare in the state.

Medical malpractice investigations are very common. In debates over healthcare reform at both state and federal levels, the spotlight is put on the doctors and the medicine they are claimed to use to prevent lawsuits.

Members of the House Health Committee almost finished their completion of the work they have done on a bill that is supposed to put Vermont in the direction of single payer health care. They recently got a visit from the chairman of the Judiciary Committee with a suggestion calling for the medical malpractice study.

Healthcare has been a national issue for several years now as members of both national political parties have debated on whether healthcare reform is even possible, and if so they have to figure out the best way to do it. It has been in the news almost every day and much of the country has been up in arms regarding this issue. It has struck cords in everyone from the very rich who don’t want to pay more taxes to the middle class who can’t afford the rising costs in addition to almost everything else these days. Because the cost of healthcare is going up, the costs of prescription drugs have gone up considerably as well, mainly for senior citizens who need more drugs and are more likely to be on a fixed income.

One of the issues the study would spend a significant amount of time addressing is the cost of defensive medicine and one of the main points is to find a way to lower the costs of medicine while at the same time protecting patients.

Continue reading "Vermont House Wants a Study on Medical Malpractice" »

According to initial reports from a New York Injury Lawyer, a man from Ventura was arrested late Thursday night thought to be drunk driving after driving the wrong way on Highway 101.

The man, as well as two others, were harmed in the crash. The man was arrested and given a sobriety test, which he apparently failed. It is believed that the man has previous drunk driving arrests on his record.

A Nassau County Personal Injury Lawyer close to the case was led to believe that the man was arrested on suspicion of felony DUI as well as driving with an expired license. He was then allowed to leave for treatment of a broken bone and facial fractures at Santa Barbra Cottage Hospital, according to reports from the CHP.

Reports were received by the CHP somewhere between 8 and 9 that Wednesday night that a vehicle was driving the wrong way on northbound 101 close to Casitas Pass Road and then there was also an accident involving four to five other cars north of Bailard Avenue. An early investigation found that the driver had entered the freeway going to the wrong way at Casitas Pass Road, it one car on the side before hitting two others and careened into the center median and turned over multiple times, reports the CHP.

The driver was extricated by faculty from the Carpinteria Fire Department. One of the passengers in his car suffered cuts and bruised and was taking to Santa Barbara Cottage Hospital as well. The passenger was treated and immediately released after questioning.

One of the drivers of one of the vehicles that was hit, a 31year old woman of Santa Barbara, was also extricated and rushed to Cottage Hospital for a broken leg as well as a broken hip, says the CHP. As far as anyone knows, the other people involved in the wreck are unharmed at this time.

Northbound 101 was closed for approximately three hours after the investigation for cleanup and further investigation into the cause of the accident.

Continue reading "DUI Caused Wrong Way Crash" »

A second grade boy was injured at his Louisville elementary school, reports a New York Injury Lawyer. The boy was found in the bathroom at his school last week, but as of right now, the police have no answers as to what caused his injuries.

The boy was found in a bathroom stall in the bathroom at the elementary school he attends. The injury occurred on March 23, when he took his bathroom break.

He went for a bathroom break and wound up harmed and sedated. Because of the sedation he was not immediately interviewed by police. Due to the extent of his injuries, he could not be talked to right away, but has since been interviewed by local authorities.

Since then, police have been able to interview him, and he remains in a local hospital in stable condition.

The second grader took a bathroom break almost near 1 pm, which according to teachers and school faculty was perfectly normal. He went in to a stall, and after a few minutes the teacher tried to speak to him by calling his name but got no answer. The teacher immediately called a security guard who after trying to talk to the boy, still did not get any kind of response. He then opened the stall and found the boy inside, drugged and hurt.

After this happened, the school nurse was quickly notified and called to the scene to begin providing first aid to the boy while they waited for an emergency medical team to arrive with help. The team arrived quickly and rushed him to the hospital.

Police will not say the cause of the injury or who could have been responsible. The boy is currently in the hospital recovering with his family while a police investigation is pending. Anyone who thinks they may have any information about this case is strongly urged to contact police or school administrators immediately.

If you or a family member has suffered an injury, such as a bicycle accident, motorcycle accident, or have a premises liability issue, it is important to speak with a skilled legal counsel as soon as possible. You may be entitled to compensation for your injuries, that can include reimbursement for medical costs, loss of income and compensation for pain and suffering.

Continue reading "Sedated Boy Interviewed in School Bathroom" »

A fire in a North Side mobile home park killed a woman and her dog, revealed reports from a New York Injury Lawyer.

There were two more men inside the address when the fire broke out, but they got out in time, although they did in fact suffer pretty severe burns.

The deceased was identified by the city coroner as a 66 year old owner of the mobile home.

The neighbor of the deceased said that the fire woke him up, and also told police that the woman who died was on an oxygen tank.

Firefighters were called to the scene around 5 am and said the fire was so big and out of control that they could see smoke from the firehouse, which was more than a mile away from the trailer park. When they arrived at the fire, it was completely engulfed in flames. Fire investigators said it took 45 minutes to put out the fire.

Because the mobile home has a tin roof, the flames and heat were kept inside the home instead of venting out the top as they would in a typical house fire. The woman and her dog were found inside the trailer when the firemen arrived. The cause of the fire is still unknown.

A New York Burn Victim Lawyer said that both of the men who escaped the blaze were admitted to Deaconess Hospital and flown immediately afterward to Wishard Memorial Hospital’s burn unit. They are suffering serious burns at this time and it is unknown when they will be released.

The neighbor was very sad about the woman’s passing, and said that the woman was a good neighbor who never went out of her way to do favors or help out in any way she could. He said she was a very quiet and pleasant woman and did not deserve to die this way.

Investigators are still doing their best to determine just what caused the mobile home to catch fire. An autopsy is being performed on the deceased.

Continue reading "Mobile Home Fire Kills Woman" »

The Deepwater Horizon Oilrig explosion and subsequent oil spill devastated many families, lives, and coastlines. The man made devastation was incalculable. A New York Injury Lawyer has learned that the widow of one of the 20 crewmen that was killed by the explosion has settled her lawsuit with BP. As a result of the settlement, the presiding U.S. District Judge agreed to dismiss the suit.

While the exact terms of the settlement were not disclosed, her lawsuit against the BP partners that were named as a part of the suit was also dismissed. It appears that the only party involved in the disaster that was not named in her suit was Transocean, who was the owner of the rig.

This lawsuit is but one of the more than 350 lawsuits that have been filed against BP, Transocean, and the many companies and contractors that were part of the oil-drilling project, sources told a NYC Personal Injury Lawyer. Each of these are from parties who claim to have been injured and/or suffered economic loss due to either the explosion itself, or due to the resulting oil spill that affected so many beachfronts and communities.

The owner of the rig, Transocean, still faces at least one federal lawsuit from the victims. For those victims who want to file a claim in that lawsuit, the deadline the federal court has set is April 20, which incidentally is the one-year anniversary of the oil rig’s explosion.

While it may be relatively simple to attempt to assess the blame for the tragedy, what many of the people in the Gulf region have experienced can defy belief. While there are those whose losses may be simplified by their having a little oil wash up on their beaches, others have endured events that are more dramatic--events, which have altered the course of their lives forever. No one should ever forget about those who died as a result of this disaster.

During the course of these events, one thing remains explicably clear, with all of the technologically advanced equipment and instruments, no one, according to the official reports, prepared for the ultimate worst-case scenario, which ultimately happened.

If you have experienced the loss of a loved one becase of a wrongful death, or have suffered an injury because of a the negligence of another, it is important to seek legal guidance right away. You may be entitled to compensation for your injuries, including reimbursement for medical expenses, loss of income, and for pain and suffering.

Continue reading "Deepwater Horizon Widow Settles Lawsuit" »

A man who knocked a woman down the stairs during a robbery on a CTA platform is being sought after for questioning, related a New York Injury Lawyer with ties to the case.

The woman 68, was rushed to the hospital, but died of a head injury, explained the N York Injury Lawyer.

Police are still looking for the robber, and have issued a community alert and been handing out fliers at the CTA’s Fullerton station. They are hoping the fliers will lead to more witnesses coming forward so the killer can be caught.

The woman who died wasn’t the target of the robbery which happened on Monday afternoon before 5 o’clock. The perpetrator grabbed the iPhone of a different person and happened to knock down the deceased while trying to make his escape.

Since a death is involved, the police are investigating it with the same importance as if it were a homicide. As far as police and investigators know the robber himself was unharmed and probably thinks he got away with his crime. Police are urging anyone with any information regarding this case to please come forward even if what they have seems significant.

The woman will be missed by her family and those in the community who knew her, as it was a tragic and senseless crime that led to a death, and all for an iPhone. The man whose iPhone was stolen felt responsible even though her family strongly urged him not to feel guilty and that it was the man who robbed him and pushed her down the stairs with no regards to anything except for whether he would get his iPhone.

People in the community were outraged at the pitiful nature of this crime and have publicly expressed their disgust. Police are hoping that this will make someone somewhere come forward with some information even if it is minor.

The man is still being sought and an investigation is pending by local police and the CTA until further notice.

Continue reading "CTA Robber Kills Woman " »

A Hilltown, PA, doctor stands accused of prescribing medication to patients in exchange for sexual favors, sources told a New York Injury Attorney. The same doctor is also facing allegations in a malpractice suit for his alleged role in the suicide of a local police detective.

On Thursday, the accused doctor exercised his rights and chose to waive a preliminary hearing, after which he was ordered to stand trial and face the charges that have been laid against him. The charges were placed as a result of a police department investigation involving both undercover officers and informants, a Staten Island Personal Injury Lawyer learned.

The investigation into the doctor’s alleged pills-for-sex activities began as a result of an unrelated investigation. One of these investigations involved a drug-dealing pimp, and the other involved instances of drug smuggling into the women’s prison. By combining the information from both investigations, police were able to begin a different investigation, which resulted in the charges being filed against the doctor.

As stated previously, criminal charges are not the only legal problems currently besieging the doctor. A malpractice lawsuit was filed against him in March 2010 by the attorney who represents the widow of a police officer who was under the doctor’s care before committing suicide.

According to the sources who spoke with a New York Wrongful Death Lawyer, the head detective of the Upper Gwynedd police department had missed work for approximately three months due to having had shoulder surgery. He visited the doctor, who was his doctor of record at that time, due to some anxiety that he was feeling due to returning to work with a different police chief. The doctor allegedly not only prescribed the detective allergy and sleep medication, but also Xanax. One of Xanaxes known side effects is for the patient to have suicidal thoughts.

The initial Xanax dosage that was prescribed to the detective was 1 mg a day. Over the course of the next month, the dosage was increased to 8 mg a day, which according to the widow’s attorney is “an extraordinary amount.”

As of this writing, no trial date has yet been set for either case.

If you have been injured due to the negligence of another or due to carelessness, it is important to contact legal counsel right away to learn about what legal recourse you may have. You may be entitled to compensation for you injuries, which can include reimbursement for medical expenses, loss of income, as well as pain and suffering.

Continue reading "Doctor Accused in Sex-For-Pills Sting " »

The Governor of the State of Alabama as well as the Alabama Attorney General are both reminding and urging all of the victims of the BP Deepwater Horizon oil spill to submit their claims to the federal court before the April 20 deadline, sources revealed to a New York Injury Lawyer. That is the deadline that the federal court in New Orleans has set for people to file claims against the rig’s owner, Transocean.

The Alabama Attorney General has been especially vocal about the apparent lack of cooperation with the BP claim processing that has taken place since the company began processing and disbursing claim payments, a Westchester Personal Injury Lawyer was told. This is in contrast to the claims that the processing center has made about recently reaching a milestone and having processed about half of the claims against BP. He recently commented that, “Quit dragging your feet and stalling the large majority of claims to a point where victims are so desperate that they settle for anything.

Alabama’s governor and attorney general have reportedly taken a larger role than the previous administration and have vowed to fight for the area since they believe it was harder hit when the oil spill washed ashore after the oilrig exploded.

When the Deepwater Horizon oilrig exploded and allowed untold millions of barrels of crude oil to flow into the Gulf of Mexico, no one could know what hazards would be experienced, nor how far the damage would go. While the oil spill was allegedly contained and the oil well itself was capped, hundreds, if not thousands of people continue to struggle with how to cope with the aftermath of this manmade disaster. Time has been too short to determine the long-term physical, psychological, and emotional affects that await its victims, just as the environmental damage may also not manifest itself for many years.

As the governments, oil executives, judges, and lawyers all make their arguments both for and against each other; the government of the State of Alabama is asking its citizens to beat the deadline for including their claims in the federal lawsuit. This seems to be the only way they will receive anything for their lives being untracked, and in many cases completely destroyed.

Whether you have been injured due to a premises liabilty issue, a defective product, or have suffered injury from a car accident, the law offices of Stephen Bilkis are here to assist you, provide you with real guidance to your problem, and a free consultation. Call us today and schedule a free consultation at any of our offices located in the New York area.

Continue reading "Alabama Reminds Oil Spill Victims of Deadline to File Lawsuit " »

On Wednesday, the Florida 4th District Court of Appeals overturned an earlier decision by a Circuit Court judge thereby allowing a lawsuit that was filed in 2005, a New York Injury Lawyer has learned. As part of that decision, the appeals court ruled that the lower court had erred when it dismissed a negligence lawsuit in 2009.

The suit alleges that the plaintiff had entered the hospital in May 2002 seeking to have a broken ankle surgically repaired.. During her stay at the hospital, she acquired methicillin-resistant staphylococcus aureus, which is more commonly referred to as MRSA. The staff infection reportedly caused the plaintiff injury and complications.

MRSA is caused by a strain of staph bacteria, which has become resistant to the types of antibiotics that are normally used to treat staph infections. A NY Injury Lawyer found that MRSA commonly occurs in places such as hospitals, prisons, nursing homes, and dialysis centers. Any place that people have frequent skin contact is considered a possible place to acquire MRSA.

Although the original plaintiff in the case that the appellate court ruled on died in 2009, her husband has continued with the lawsuit. It should be stated at this point that while the woman did develop complications from her acquisition of MRSA at the hospital in 2002, her death was unrelated to MRSA.

The ruling on this case has paved the way for about 17 additional cases that have been pending the outcome of this decision. The widower’s attorney went on to say that the trial judge had dealt a big blow to every case that was awaiting trial for hospital acquired MRSA that had been filed either at the same time as this case, or during the time span since. These cases can all proceed to trial now, and those parties concerned can now have their day in court.

Suffice it to say that the hospital that was named in the case was disappointed with the appellate court’s ruling, and they would simply say that their legal teams are moving forward as the pending lawsuits make their way through the judicial process.

If you have been the victim of the negligence of another, including medical malpractice, a construction accident, or a defective product, it is important to speak to legal counsel as soon as possible. You may be entitled to compensation for your injuries, which can include not only medical expenses, but also compensation for pain and suffering, as well as lost income from work.

Continue reading "FL Appeals Court Gives Green Light to Staph Suit " »

A Plant City, FL, man is in the Hillsborough County Jail today as he waits for his court hearing on Friday after being charged with DUI manslaughter. The charges arise from a car accident that occurred on March 6 that resulted in two people being killed and two others injured including the accused.

Florida State Troopers told a New York Injury Lawyer that the accused was driving eastbound on State Road 60, in the westbound lanes, and just west of State Road 39. He then reportedly struck an oncoming vehicle nearly head-on. The 33-year old driver of the other vehicle was seriously injured, and her 34-year old passenger was killed at the scene. The accused man’s 23-year old passenger was also killed in the crash. The man who has been arrested and charged as a result of this was also injured.

Many of the eyewitnesses of the crash were horrified, and those who could see the vehicle driving in the wrong direction report that they felt helpless as they watched and could do nothing to stop it.

As part of their ongoing investigation, the troopers reports said that the 50-year old man’s blood alcohol content was 0.216. Florida’s legal maximum blood alcohol content is 0.08. Driving under the influence and manslaughter are not the accused only charges that he faces. A NYC Personal Injury Lawyer also found the man has also been charged with “driving under the influence involving serious bodily injury, and one count of DUI property damage.” Since he was driving on the wrong side of the road, he received a traffic citation for that as well.

In the State of Florida, DUI manslaughter is considered a Second Degree Felony. If convicted the accused faces heavy fines, payment of restitution, and a maximum prison sentence of up to 15 years. If convicted of the charge of DUI involving serious bodily injury, which is a Third Degree Felony, he could receive up to a $5,000 fine and up to five-years in prison. There is also the possibility of his losing his driving license for the rest of his life also.

If you have suffered injury due to the carelessness or negligence of another party, it is important to speak to legal counsel right away. You have a right to receive just compensation for your injuries, which can include reimbursement for medical expenses, lost income from work, and pain and suffering. It is important to act promptly however, as there are strict filing deadlines on personal injury cases. Do not delay, and call us today for a free consultation.

Continue reading "Florida Man Facing DUI Manslaughter Charge" »

By means of a recent report that was issued Tuesday, a New York Injury Attorney learned that at least part of the reason for rogue doctors being allowed to continue practicing medicine after having established a negative history is that state medical boards are not disciplining them. They are not disciplining them even after both hospitals and in many instances, the legal system have established histories of negligence and malpractice.

State medical boards are charged with the responsibility of licensing and also with the disciplining of doctors, dentists, and some other medical professionals. The problem it seems, is that once rogue doctors have been disciplined and in some cases restricted and fired from a hospital, the state medical boards are lax in disciplining them. The report that was prepared by Public Citizen, which is a nonprofit consumer advocacy group, further states that Florida’s proportion of undisciplined doctors was higher than the national average.

The group acquired the data used in the report from the National Practitioner Data Bank that was established as a way to track those doctors who were either barred, or restricted. Hospitals, state licensing boards, and professional societies are required to report any activity involving doctors whose privileges to practice at a hospital have been suspended or revoked, or whose license has been suspended or restricted. The reporting requirement is also inclusive of any issues with the doctor’s professional conduct or competence.

There have been relatively few doctors that have been disciplined over the past 20 years, the NYC Personal Injury Lawyer was told. Of the 10,000 doctors that have been disciplined during that time, only 5,800 of them were actually discharged from their duties at a hospital. The report goes on to add that in most cases the state medical boards took no action against the problematic doctors, and that most of them continue to practice medicine.

While the report lists a few examples of problem doctors, there is one that is troublesome. One such doctor, who was never disciplined by the state medical board, had at least 10 medical malpractice reports over a 14-year period that totaled more than $7 million in damages.

Continue reading "Many State Medical Boards Leave Bad Doctors Undisciplined" »

There are DWI suspects, and then there are DWI suspects who drive their pickup truck onto a police cruiser. A New York Injury Lawyer was told of a recent DWI arrest that a 26-year old man may want to tell his children about, or perhaps he would just as soon forget about it.

Early Sunday morning outside of a local bar, two men became involved in an argument following a night of drinking. As the two men were outside of the bar continuing in their heated discussion, one of the men climbed into his Volkswagen and sped away. The other young man would not hear of it and chose to enter his F-250 pickup and give chase to the other man, recounts the NY Personal Injury Lawyer. The chase continued for a short time and ended when the man in the pickup truck forced the driver of the Volkswagen into a utility pole. As bad as this is at the moment, unfortunately the story does not end at this point.

The 26-year old pickup truck driver, having had a few too many alcoholic beverages at the bar and apparently startled at the crumbled up Volkswagen that lay before him, threw his pickup into reverse so as to back away from the damaged vehicle. What he did not notice was the unmarked police vehicle that had been driven in behind his truck by an alert detective who had been witness to almost the entire crash.

Having his vehicle in reverse and unaware of the detective behind him, he backed his truck onto the hood of the police car. Thankfully, the detective was quickly taken to the local hospital where he was treated and released with minor injuries. The monster-truck driver, however, was immediately taken into custody and charged not only DWI, but also with reckless driving, negligent driving, and two counts of second-degree assault.

The 26-year old Maryland man with monster-truck ambitions was released from jail sometime Sunday morning after posting a $10,000 bond.

Drinking and driving never mixes, regardless of whether you drive on or off road. If you have been injured because of the negligence or carelessness of another, whether it involves a brain injury, broken bone, or back injury, it is important to get legal guidance as soon as possible. You may be entitled to compensation for your injuries including reimbursement for medical expenses, pain and suffering, and loss of income.

Continue reading "Man Drives Monster Truck onto Police Cruiser" »