On December 12, 2008, a jury in a Westchester County medical malpractice case awarded a 7 million dollar verdict to the family of Theresa Capwell, an Orange County mother of three who died on September 10, 2001. Ms. Capwell had been admitted to Westchester Medical Center on September 18, 2000…
The United States Supreme Court ruled this past Monday that smokers may sue tobacco companies for fraud in the marketing of “light” cigarettes. In a surprising 5-4 decision considering the conservative, pro-business nature of the Court, the Supreme Court determined that several Maine residents had been deceived by Altria and…
In New York accident cases, the hospital chart description of how an accident occurred is tremendously important in a successful settlement or jury verdict. What I have seen over the last several years is a carelessness, or in some cases intentional effort by emergency hospital personnel to minimize, downplay, or…
You have decided to have elective surgery, such as breast implants, a nose job, or radial keratotomy. Before the procedure is performed, the surgeon (or more likely his nurse or assistant) will hand you a document which contains a long list of potential complications and risks of the procedure you…
According to data from the National Highway Traffic Safety Administration, in which NHTSA reported on motor vehicle deaths from 2001 through 2006, there are five holidays that drivers should try to steer clear of, if at all possible. The fifth most dangerous holiday is New Year’s Day, (which surprised this…
If you are the victim of New York medical malpractice by a hospital, doctor, physical therapist or chiropractor, it is vital that you obtain your records immediately after the malpractice has occurred. The most important reason is that an attorney cannot commence a medical malpractice case in New York without…
According to a study conducted by the United States Department of Justice, Plaintiffs won more than 50% of state court civil trials throughout the U.S. in 2005. Surprisingly for trial lawyers such as this writer, plaintiffs were more likely to get favorable results in bench trials, in which the judge…
When you are in a New York motor vehicle accident, your medical bills, hospital bills and lost wage claims are paid by the no-fault insurance company, which is your own insurance company, even if the other car was at fault for your accident. Any occupant of your vehicle that is…
If you are bitten by a pit bull in a Bronx County dog bite incident, for example, here is a list of what you should and should not do: Find out immediately from the dog owner if the animal has had its rabies shots so you are aware of the…
When you or a family member are involved in a New York motor vehicle accident, slip and fall accident in the Bronx, from a dog bite, or on a construction site, for example, it is vital to remember the following: Immediately get treatment at a hospital, doctor’s office, or clinic,…