Nassau

Published on: February 8, 2012

Dr. Mom Disagrees with Governor’s Proposed Malpractice Cap

by Stephen Bilkis

As New York Governor Cuomo proposes legislation that seeks to limit pain and suffering awards to $250,000 in cases involving medical malpractice, there is at least one woman who disagrees with his proposal. This mom also happens to be a practicing physician, which gives her some rather unique perspectives that can only be understood by someone with experience from both sides of the issue. In this instance, the practicing doctor is also the mother of a 13-year old boy who is the victim of medical malpractice.

While her son’s award was awarded several years ago and is not subject to the governor’s proposed cap, she is aware of the day-to-day responsibilities in caring for someone who has been injured due to medical malpractice. A New York Injury Lawyer learned that her son must be attended full-time, as he is unable to walk or talk. His cerebral palsy was caused by medical negligence, which leaves the youth confined to a wheelchair and unable to go though any of the daily things that many people take for granted, such as eating, getting dressed, bathing, and even going to the toilet. Her son also needs a motorized wheelchair and a van with wheelchair access in order to travel anywhere.

Dr. Mom is also at least one physician who takes her responsibility seriously and recognizes there are times when the human factor becomes involved that specifies that we all make mistakes. As was also reported to a Nassau County Personal Injury Lawyer, that she and other physicians, must “live with the reality” that they may cause someone irreparable harm and that they will be sued. While the thought of a potential lawsuit sounds extremely unpleasant to her, her thoughts are also with the potential victim of any such errors. She is all too aware of this by her own experience.

Published on: February 6, 2012

DUI Caused Wrong Way Crash

by Stephen Bilkis

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.

Published on: January 31, 2012

Mother Arrested for Child Endangerment Following a Car Crash

by Stephen Bilkis

A young girl suffered a variety of injuries after a car crash caused by her mother who may have been driving while intoxicated. The mother sustained minor injuries. The accident occurred on a Wednesday around 6:30pm on a California state highway. Police on the scene asked the mother to submit to a breathalyzer test, but she refused, instead opting for a blood test. A New York Injury Lawyer points out that those suspected of driving while intoxicated are given a choice between a breathalyzer and blood test in the state of California. The test results should provide additional information about this case.

If found guilty of driving while intoxicated, the mother may face a host of charges including driving under the influence and child endangerment. Even though the mother insists both she and the girl were wearing their seatbelts at the time of the accident, the police department will neither confirm nor deny her claim. Further investigation into this accident is needed before any charges are filed. The mother has since been arrested for suspicion of driving while intoxicated. No other vehicles were involved.

The girl, who is in serious condition, was taken to a nearby children’s hospital. It is unclear how long she will have to stay in the hospital. If the mother is found negligent, the girl may have to live with relatives or be placed in foster care on a temporary or permanent basis, claims a Nassau County Injury Lawyer. Future court hearings may be necessary to determine the best place for the girl. Depending on the severity of her injuries, the girl may need additional care after leaving the hospital.

Published on: January 28, 2012

A family involved in a fatal car crash is survived by the father

by Stephen Bilkis

A family involved in a fatal car crash is survived by the father who was injured after a pick-up truck hit their car. The man’s wife and two young children were killed instantly after their car was cut in half by another vehicle. The driver of that vehicle was also killed, states an New York Injury Lawyer.

The father was taken to a nearby hospital and treated for his injuries. The extent of those injuries is unknown at this time. The father should be released soon and now has to plan a funeral for his family. The children, ages five and two, were killed instantly and did not suffer. They were pronounced dead on the scene by emergency medical personnel. The wife was also pronounced dead at the scene as was the driver of the other vehicle.

It is unclear how this car accidentoccurred, but speed may have been a factor. The driver of the truck may not have seen the car or was trying to pass it which caused the accident. Further investigation is needed to determine the exact cause of the accident. The man in the truck may have suffered a medical emergency such as a stroke or heart attack at the time which caused him to lose control of his vehicle. A medical examiner’s report should provide law enforcement with important details as to the man’s medical condition at the time. This report will also reveal if the man was under the influence of alcohol or illegal substances.

Published on: January 26, 2012

Surgeons May Order Unnecessary Tests and Scans to Protect Themselves if Sued Later on

by Stephen Bilkis

A recent study of orthopedic surgeons suggests that many order unnecessary MRI’s, bone scans, x-rays and other tests to protect themselves in the event of a lawsuit. The study, which was conducted on a volunteer basis, compiled anonymous responses from members of the Pennsylvania Orthopaedic Society. A New York Injury Lawyer states that these responses demonstrate an overwhelming number of surgeons order tests on patients that are not essential to their care. These tests are expensive and increase the cost of health care for patients and health care centers each year.

The study claims that surgeons with at least 15 years of experience or those who have been sued in the past five years are most likely to order unnecessary tests. If sued, surgeons can better defend themselves by producing these test results, especially if sued for medical malpractice This is the first study published that relied mostly on responses submitted anonymously. Other studies have compiled outside data such as percentage of lawsuits, number of tests ordered per year and the concentration of surgeons in one area.

This information is valuable not only to surgeons and hospitals, but also to insurance companies and patients. Before agreeing to a test, patients may need to be more diligent in asking their physician why the test is necessary in the first place, a Nassau County Personal Injury Lawyer advises. As healthcare costs continue to rise, many insurance companies may be reluctant to pay for certain tests. This cost may fall on the patient’s shoulders instead.

Published on: January 14, 2012

Do Cellphones Cause Brain Cancer?

by Stephen Bilkis

In 1993, Larry King propped a young man into the spotlight on a night when many extra had tuned into his show in expectation of political commentary. (It was the night after Inauguration Day in Washington, after all.) King introduced a young man from Florida who had filed a claim against a cellphone manufacturer, and a carrier of that cellphone brand. He claimed that radiation from their phones had caused or accelerated the growth of a brain tumor in his wife.

“The tumor was exactly in the pattern of the antenna,” a New York Injury Attorney remembers the man saying. In 1989, the man’s 31-year-old wife was diagnosed with a malignant astrocytoma, which is a brain cancer that occurs in about 6,000 American adults each year.

To the husband, the shape and size of the tumor unmistakably resembled a malignant shadow of the phone. He saw a hazy line swerving from the left side of her midbrain to the hindbrain, and like cloud watchers, assumed the shape was an exact replica of his wife’s phone antenna. According to him, his wife was known to hold her phone at exactly the angle shown in the images of the tumor.

Published on: January 11, 2012

Beloved Mother Struck and Killed by Patrol Car

by Stephen Bilkis

A woman was struck by a patrol cruiser as she walked home one rainy night in April. She died soon after from her injuries. As she walked home in the rain, the 63-year-old office worker was hit by a police car at 10:41 p.m. on a Saturday night.

She was taken to the hospital, but it was already too late – she was pronounced dead at 11:25 p.m. She was almost home – just a few blocks away, when the accident occurred, likely caused in part by the stormy weather which had been prevalent during that time.

The officer, from the suffered some minor bruises to his knees and also went to the hospital, but was later released. When he hit the woman, he was on patrol. His identity has not been released by Nassau police, and the investigation is still ongoing.

Published on: January 5, 2012

Harassment Lawsuit Adjusted to Include Additional Actions

by Stephen Bilkis

A federal Supreme Court in Utah modified charges against a Weber County judge to include retaliation against the woman filing a harassment suit, a source was told.

The woman filed the harassment suit February 2010 in the U.S. District Court for Utah in Salt Lake City. She named the county and the judge in the revised lawsuit. According to the document, the judge is accused of conducting unwanted sexual advances to his chief court administrator. The harassment occurred for about two years, a court reporter read from the lawsuit.

Her lawyer and the woman released a key piece of evidence in their case to the media after several failed attempts to hold the judge responsible. When the state’s Judicial Conduct Commission did not do anything about the harassment, the lawyer and his client released the 11-page love poem, which the judge wrote for the woman. The poem was single-spaced and mildly erotic. These cases are of great interest to courts in New York City and Nassau.

Published on: December 29, 2011

Hertfordshire Boy Receives 6.4 Million Euros for Birth Injury

by Stephen Bilkis

An eight-year old boy from Welwyn Garden City, who suffers from quadriplegia and cerebral palsy, recently received 6.4 Million Euros compensation after suffering a serious birth injury, claims a report.

The now eight-year old was born at Edgware Birth Centre in Burnt Oak. As a source explained, the birth injury occurred when a student nurse did not recognize that his heart rate had fallen during delivery, and did not speed up the delivery. On top of that, delays made the transfer from the Edgware Birth Centre to Barnet General Hospital longer than was expected, which only compounded the situation. Hospitals in Nassau and Suffolk Counties try to guard against this situation.

The eight-year old’s parents made a claim for compensation against Barnet and Chase Farm Hospitals Trust. The claimed that the mother should not have been sent to the Edgware Birth Center in the first place, as the centre only accepted first time mothers under the age of thirty five, and she was thirty eight years old at the time of delivery. She should have been sent first to a hospital where they may have been able to better handle her difficult delivery.

Published on: December 22, 2011

DUI crash cause critical situation

by Stephen Bilkis

A Morgan Hill Police Sergeant told a reporter that a driver was seriously charged with a felony when the passenger in her car was injured in the car crash. The car got out of control and hit a tree when the passenger received the injuries.

The police reported that they went to the scene to investigate the accident. The media carried the story and it was learned that the young man was only 17 years old. The Police reported that the driver seemed to be intoxicated while driving.

The facts seemed to agree with the legal aspects of the situation and render this as an unfortunate incident for all who were involved. According to reports, the passenger in the vehicle became unconscious when the police arrived at the scene. It was apparent that he had visible signs of injuries to her face. A helicopter took the injured man to the hospital nearby and he was taken to the intensive care unit where he received treatment for this serious condition.