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New York Personal Injury Law Blog

Who's to blame when medical treatment causes more harm than good?

Advances in the medical field abound. From new procedures to medical devices, medical innovations designed to make our lives better are many. In some cases, these advances do result in a happier, healthier life for patients. In others, the story of the application of these advances may not have a happy ending.

A recent piece in The Atlantic illustrates this predicament by sharing two patient stories. One involved a patient that was actively engaged in his care. A patient that questioned recommended treatment - a patient that essentially fired his doctors when they could not provide answers or refused to meet him to discuss their treatment recommendations.

The other patient was likely the more common example. This patient trusted his physicians. He trusted his medical providers. When they recommended a treatment he asked the basic questions. He asked if it was a common treatment, if the practicing physician had experience. The answers were favorable, so he moved forward with the treatment.

Family wins battle with physician over birth injury

For those who wish to start a family, the birth of a child is a joyous occasion. Many pregnancies end with a bundle of joy. Unfortunately many experience complications during the delivery process that can make the journey to becoming a family more difficult.

One family out of Pennsylvania has found themselves in the midst of this more difficult path. Instead of just focusing on the path ahead, they have taken a look back and are holding those responsible for the complications accountable. They took necessary action this will help to ease their journey.

What happened in this case? The family in this case alleges that the medical professional in charge of aiding their labor and delivery process failed to meet his obligations as a physician.

The suit alleges that the combination of the use of Pitocin and a failure to properly monitor the pregnancy resulted in serious birth injuries to the infant.

Medical errors lead to 250,000 deaths in the United States every year

A recent study out of Johns Hopkins finds that deaths connected to medical errors are much higher than previously thought. Experts with the study calculate that over 250,000 deaths are the result of medical errors every year in the United States.

This new finding is significant as it bumps medical error related deaths up to the third most common cause of death in the country.

Difficult birth? Watch out for these 3 unforeseen expenses.

Giving birth is a joyous and dangerous endeavor. With the medical advances present in hospitals today, it is easy to forget the later. Unfortunately, dangers remain when new life enters the world.

Medical advances can help reduce the risk of injury, if used wisely. Medical professionals are expected to monitor the birthing process and intervene when necessary. Medical intervention can be brought on by a number of events, including a drop in the fetus' heart rate.

A failure to intervene when necessary can lead to birth injuries to the infant and the mother.

Lack of communication leads to devastating hospital errors

The prospect of surgical negligence or doctor error is terrifying to most patients. The fact that several studies show simple errors in communication to be the root cause of a significant portion of medical malpractice cases does nothing to alleviate a patient's - or their concerned loved ones' - worries.

One analysis performed by CRICO Strategies examined 23,658 medical malpractice cases from 2009 to 2013. They carefully investigated clinical and legal records and identified more than 7,000 cases where communication failures led to negative outcomes and harm to patients. Of those 7,000 cases, nearly 2,000 involved a fatality.

Crane accidents at center of resistance to new regulations

Throughout New York, construction is an ongoing process. Buildings for residential use, business use and for recreational activities are constantly being cobbled together. While the vast majority of these sites are run safely and with the interests of the workers and passersby in mind, there are sometimes circumstances and mistakes that can lead to a construction accident. Regulatory authorities try to implement safeguards based on the particular situations that might arise to avoid a construction site accident.

Regulations that were drafted after a fatal incident in early 2016 in which a crane collapsed and killed a man are being resisted by trade organizations. The rules stem from a crane that collapsed and killed a 38-year-old man. The proposed rules state that when the winds reach a certain point - 30 miles-per-hour - the cranes are required to be shut down. According to the trade organizations, the number is random and is not scientifically-based.

Car crash data shows teens are more prone to an accident

There are a great number of dangers when out on the road in New York and one that has always been a concern is teen drivers. Since they are inevitably new to driving, might feel overconfident, do not have the necessary experience to adjust to every possible situation and might be a negligent driver, there are significant risks for there to be a car accident involving a teen. Research is examining the frequency with which teens get into accidents and, unfortunately, the research suggests that these accidents are on the rise.

Crane accident kills New York construction worker

New York is a growing in population and popularity and with that in mind, there is always a significant amount of construction taking place. Construction work is an honest living and those who practice it come from a wide variety of countries and cultures. Because it is so prevalent and involves working with heavy machinery in dangerous circumstances, it is inevitable that construction accidents will occur. The person who was injured or the family left behind must be completely aware of their rights after a construction site accident.

Danger of motor vehicle accidents clear in fatal pedestrian crash

The New York City streets can be dangerous for drivers, bicyclists and pedestrians. Even those who are exhibiting the greatest care can find themselves in a situation where they suffer personal injury and even a fatality as a result of motor vehicle accidents. When there is an injury, the person who was hurt needs to be aware of the issues that can arise after it has happened, both financial and personal. If the case of fatalities resulting from these accidents, the family left behind have to face legal and financial issues relating to the tragedy.

Research shows the increased danger of a distracted driver

Drivers in New York are expected to keep both eyes on the road and maintain their attention to what they are supposed to be focused on: operating the vehicle in a safe manner. However, the number of ways in which a person can be distracted has grown exponentially in recent years and with that, the number of people who are injured in a texting a driving accident or due to a distracted driver has increased too. Those who are hurt or lose a loved one in a crash need to be aware of the possibility that it was due to a distracted driver and consider contacting a lawyer in order to receive just compensation.

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