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Queens NY Medical Malpractice Law Blog

Negligent misdiagnosis versus a mistake

When people in Glen Cove or elsewhere on Long Island go to a doctor to get a medical opinion, they naturally expect the diagnosis to be correct, as they should. After all, a doctor's failure to diagnose or misdiagnosis of a condition can lead to life threatening medical complications in the worst case scenario.

On the other hand, New Yorkers have to realize that even the best doctors engage in a good deal of guess work when diagnosing their patients. Although medicine uses science in a lot of ways, it is in many other senses an art, especially since a patient's symptoms could signify any number of medical conditions.

Pedestrians are at risk: 3 shocking statistics

Pedestrian accidents are horrific and often leave individuals with serious injuries if they survive. Many pedestrians suffer life-altering injuries or death because they have no protection against the impact of a vehicle. The faster a vehicle travels, the more likely it is that the pedestrian will be killed.

There are many facts about pedestrian accidents in New York that may surprise you, especially in the city. Here are three that you may not have known.

When is a doctor's wrong guess a case of medical malpractice?

Just like other New Yorkers, the residents of Queens and Long Island go to their doctors expecting that they will be able to tell them whether or not they are in good health or, if they are not feeling well, what it is exactly that is ailing them.

Practicing medicine, though, while considered a "science," is also in an art in that it rarely allows for absolute certainty. A doctor is always making his or her best educated guesses when diagnosing, and this means that a doctor can and will get it wrong from time to time.

New York firm standing up for injured construction workers

Despite advances in workplace safety and construction technology, New Yorkers continue to be injured on the job. Whether a pure accident or caused by the negligence of another, a workplace accident can leave an individual not only with serious physical injuries, but also with financial losses that can leave him or her struggling to make ends meet. Although workers' compensation may be available to help cover these financial losses, sometimes these claims are denied, and often they don't cover the full extent of one's losses.

When either of these situations arise, it may be time to take additional legal action. A denied workers' compensation claim can be appealed. Even a denied initial appeal can be appealed. In pursuing a workers' compensation appeal, an individual should be sure to gather any supporting documentation and witnesses to buttress their claim. They also need to be ready to present convincing legal arguments.

Stay safe on your motorcycle during summer months

Summer is in full swing as we cruise into July and beyond, which means that we can expect more traffic on our roadways in and around Glen Cove and Forest Hills. Of course, with greater congestion comes greater likelihood of a automobile accident, especially for motorcycle riders.

If you love to get out and ride on a bright summer day, now is the time to polish up your trim and plot your routes, but keep in mind the risks and the ways that you can keep yourself safe while you ride. It's always an incredible rush to leave it all behind for a while, but you want to make sure that you don't leave it all behind you for good.

Teens contribute to more fatal accidents this time of year

Summer is here, which means that school is out and families are going on vacations. It also means that more teen drivers will be hitting the road. Although this may not seem like a big deal, it in fact is. Why? Because a recent study conducted by the AAA Foundation for Traffic Safety found that these young drivers are at a significantly increased risk of being involved in all types of crashes, including fatal car accidents. More specifically, those who are between the ages of 16 and 17 are nearly three times more likely to be involved in a deadly wreck than other motorists.

This statistic, coupled with the fact that more teenagers are on the road this time of year, has led many to term the time period between Memorial Day and Labor Day as the "100 Deadliest Days." According to studies, these 100 days see a 15 percent increase in fatal accidents involving teen drivers.

Training is critical for truck drivers

It's often said that teen drivers get in the most accidents because of their lack of experience. They make mistakes that adult drivers would never make.

While this is true, it's important to remember that even adult drivers, if they don't have a lot of experience, can make avoidable mistakes. This can lead to accidents and put other drivers in danger.

New York construction accident leaves one in critical condition

One would think that with all of the heightened awareness on workplace safety that employers would ensure that their work environments are free from hazards. Unfortunately, though, far too many employers either neglect their duties to ensure workplace safety, or they simply don't know how to sniff out all the potential issues that can arise. Although state and federal regulations aim to give guidance to these employers, sometimes they fail to adhere to them. Sometimes, too, despite all possible safety measures being taken, a workplace accident can still occur that leaves a worker with serious injuries.

One New York worker was recently injured at Pier 57, future home of an international food market imagined by famed chef Anthony Bourdain. According to reports, the worker was ejected by a malfunctioning construction elevator, causing him to be pinned between the elevator and a wall. The local fire department was able to free the man, and he was taken to the hospital in critical condition. Investigators for the Department of Buildings descended on the site in the accident's aftermath, but there has yet to be a determination on what, exactly, caused the incident to occur.

How do I pursue a medical malpractice claim?

Being injured by medical neglect can leave you in a difficult position. You will probably face physical pain and suffering, but you might also face serious financial losses in the form of medical expenses, rehabilitation costs, and lost wages. In order to find a sense of justice and claim compensation for your damages, you may need to consider pursuing a medical malpractice lawsuit. We hope that this post will help give you guidance with regard to the steps that should be taken once you decide to pursue this route.

First, it may be wise for you to contact your medical provider prior to filing a legal claim against him or her. By doing so, you may be able to obtain a clearer sense of why you were harmed, which can help strengthen your claim. Additionally, your doctor may be willing to provide free medical services to remedy the situation. You might also want to contact the errant professional's licensing board. Although this won't lead to the recovery of any compensation, it may lead to disciplinary action against the medical professional in question, as well as a warning to future patients.

Workers' compensation and the Section 32 waiver

New Yorkers who have been injured in falls, scaffolding accidents, and ladder mishaps while on the job may have a hard enough time proving that they qualify for workers' compensation benefits. They're employer or their employer's insurer may try to claim that the employee was operating outside of his or her employment duties at the time the accident occurred. However, even those who do successfully claim workers' compensation benefits may have difficulty recovering all the benefits to which they are entitled.

Although an injured worker may receive monthly benefits to help cover their medical expenses and lost wages, there are other options available to them. In New York, an injured worker and an insurer can agree to enter into what is known as a Section 32 waiver. Under these agreements, an individual can receive either a lump sum or annual payment from the insurance company in exchange for permanently closing out the claim. These agreements can apply to medical expenses, lost wages, or both.

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