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Queens NY Medical Malpractice Law Blog

The protections of Labor Law 241 in New York

As people in New York know, construction projects are constantly underway in New York. Once one finishes another one is ready to begin. These projects involve heavy machinery and high heights. So, when there is an accident, the consequences can be very severe for the construction workers. Unfortunately there are many construction accidents each year in New York and many construction workers suffer catastrophic injuries.

There are laws in place to help protect the victims of these accidents though. One of these laws is Labor Law 241. This law states that when contractors or other parties violate safety regulations and an accident occurs that the contractor is strictly liable for any injuries. This means that the injured construction worker does not need to prove that the safety violation actually caused the injury. So, if the lighting did not follow a regulation and an injury occurred in that area then the contractor could automatically be liable.

What will happen if Congress kills class actions?

Class action lawsuits arise from incidents that cause injuries to many people -- for example, the people that purchase a certain product. If that product's production is below reasonable standards and malfunctions, causing injuries or other damages, the people that purchased the product or those injured by the product can band together and file a class action lawsuit.

Sometimes, a class action lawsuit is the only way to get the justice that such people deserve. When bringing a suit against a large company, it can be much more difficult for an individual to be successful in pursuing his or her claim due to a vast difference in legal resources. A class action suit, filed on behalf of a group of people, has much better odds of success.

Assistance after serious motor vehicle accidents

Countless individuals head out on the open road each and every day. While the vast majority of these outing occur without incident, there are some that unfortunately end in severe accidents. Being involved in such an accident is undoubtedly an incredibly stressful experience, but you don't have to go through it alone.

An important factor in such incidents is the cause of the accident. If the crash was caused by the negligence of another party, you may have a clear path to recovering damages for your injuries. It doesn't matter if a driver had a few too many and was driving drunk or if you were hit by a driver who failed to stop at a red light, you deserve justice.

What is the standard of care and why is it important?

This blog has previously alluded to the standard of care. Determining exactly what the standard of care is constitutes an important component of medical malpractice claims in New York because, if a doctor has not met the standard of care when treating or diagnosing a patient, then he or she can be held liable for negligence and have to pay compensation to his or her patient for any injuries he or she suffered as a result of that negligence.

Basically, the standard of care is the way an ordinary doctor, being careful and cautious, would treat his or her patient. More specifically, a doctor has to give his or her patient the same care as would another doctor, equally qualified, would give under the same facts and circumstances.

Several dead in Long Island car accident

A recent car accident on Long Island killed 3 people and left 4 other people injured, although none of the injuries reported were critical. The accident involved multiple vehicles.

Police are still investigating the cause of the accident and have even taken temporary custody of the vehicles in order to look them over, but the first indication is that the driver of a Honda did not maintain control of the vehicle and crossed the centerline of the road. The car then hit a Nissan Pathfinder.

AMA warns that LED streetlights may be dangerous for drivers

In June of 2016, the American Medical Association (AMA) issued a warning concerning the dangers of those bright LED streetlights you have seen lining New York streets. These LEDs emit a blue light that can disrupt your sleep and result in increased health risks such as cancer and cardiovascular disease. In addition, the AMA believes that these lights wreak havoc with a driver's night vision. This means that the city's LED lights may have contributed to the car accident you had a few nights ago.

At the moment, the AMA, along with other groups, are pushing municipal areas to reconsider the intensity of the LED lights they are using. Across the country, many areas have already made the switch to LED lighting, however there are still many more that plan to do so. The main reason why areas are making the change to LEDs from the old yellow streetlights is because the LEDs are more energy efficient. While the yellow sodium lights only last two to five years, LED lights can last for 15 to 20 years.

The most common causes of deadly construction accidents

The Occupation Health and Safety Administration (OSHA) has what it dubs construction's "fatal four," that is four common causes of deadly construction accidents which OSHA and, presumably state-level administrative agencies which do the same work, are trying hard to curb both in the New York City area and throughout this state.

The fatal four causes of death at construction cites are falls, getting electrocuted, being crushed or pinned in some way and getting hit by an object. Any one of these hazards can result in catastrophic injuries to the injured worker which he or she may or may not be able to recover from. It is noteworthy that these statistics do not account for motor vehicle accidents that are related to work.

Possible risks of anesthesia

In a major surgery, a New Yorker who is going under the knife is actually relying on at least two doctors to do their jobs well, the patient's surgeon and his or her anesthesiologist. Most major surgeries could not happen without anesthesia that sedates a person so they do not feel pain, and thus, will not move during the surgery.

However, the drugs an anesthesiologist deals with are powerful and, if not used exactly according to established standards, could cause life threatening medical complications. While one hopes this important doctor does his or her job well, there are still some risks to taking general anesthesia, and is important for New Yorkers to understand some of these risks and take appropriate action.

4 things to do when stuck in a swarm of bikers

You're worried about getting caught in a swarm of bikers. You've seen the news footage. You watched the video of a driver in San Fransisco getting pulled from his car and thrown to the ground, surrounded by helmeted dirt bike riders after stopping in the middle of the interstate. You know they beat him up badly enough to break his leg before he got away, then they ran before the police arrived.

You also know it's not an isolated incident. You heard about the similar group of bikers in New York. After one biker got involved in a fender-bender, you know how the gang chased down the SUV, swarming around his vehicle and eventually beating him up.

Is workers' comp the only program available for the injured?

New Yorkers who work in the construction injury know that it is a dangerous business. Any construction site presents some special hazards and risks, such as having to work near traffic or work in high places with less than sure footing. Even when the worker is being as careful as possible, serious accidents that can lead to permanent or long-term catastrophic injuries still can and do occur.

Many New Yorkers and residents of Long Island already know that if they get hurt on the job, they are entitled to workers' compensation benefits which cover their medical and other injury-related expenses and some, but not all, of their lost income.

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