Michael J. Gaffney Attorney at Law
1164 Victory Blvd., Staten Island, NY
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Posts tagged "negligence"

Medical malpractice lawsuits hold physicians accountable

Staten Island residents generally have a lot of faith in doctors, and this faith is usually justified. Physicians are required to undergo years of schooling and training to make sure that they have an acceptable level of skill and judgment. When a patient undergoes a surgical procedure or receives treatment for an ailment or injury, things don't always go according to plan and sometimes the patient suffers. Sometimes this suffering is unavoidable due to the nature of the surgery or treatment. At other times, however, this suffering is a direct result of malpractice by a medical professional.

New York increases efforts to stop distracted driving

The month of April is National Distracted Driving Awareness Month. Distracted driving has proven to be a big problem in this country. Statistics show that in 2013, over 3,000 people were killed in distracted driving related accidents. In the same year close to 424,000 people were injured in car accidents involving distracted drivers.

Who can be sued for medical malpractice in New York?

At some point in their lives most New York residents will need to seek professional medical attention. When a person goes to a doctor for diagnosis or treatment, that person is counting on the doctor's education, training, and experience to ensure they will be well-cared for.However, when it comes to medical care, there is always a chance that something won't go according to plan. Sometimes this is the fault of the doctor. Medical negligence can include a failure to diagnose or errors in diagnosis, illness management or treatment. If this negligence caused harm to the patient, the patient may be able to file a medical malpractice lawsuit against those responsible for their care.Generally, a medical malpractice case can arise against a doctor if he or she failed to meet the accepted standard of care generally accepted by the medical community, resulting in injury to the patient or a worsened medical condition. In some circumstances the patient may also bring a case against the hospital for improper care or inadequate training. Many types of medical professionals can be guilty of medical malpractice. If a hospital employee is negligent, the hospital may be held liable as a result of the "respondent superior" doctrine, which holds employers responsible for employee negligence while on the job. In cases where a health care professional is considered an independent contractor, the hospital might not be liable under a respondeat superior theory, but can still be held liable for their own independent negligence, including negligent training or supervision.Source: FindLaw, "Medical Malpractice In-Depth," accessed on April 21, 2015

Man suffers from disease; complex owner may be held liable

Property owners and apartment complexes in New York have a standard of care to adhere to when it comes to providing housing for their residents. One housing provider may have unfortunately failed in their duty to provide safe property conditions. In November and December of last year, the city Health Department found eight residents at one apartment complex with Legionnaires' disease.

Elements of a medical malpractice case

When you receive medical treatment from a health care professional in New York, you should expect to receive care in accordance with the standards in place within the medical profession. When appropriate care is not received, patients may face serious injuries, illnesses or even death.

Can I recover damages after my motorcycle accident?

Regardless of the type of vehicle, accidents on the road can be serious for all parties involved. Motorcyclists can be especially prone to injury and death in an accident. Motorcycle accidents can be some of the most severe road accidents. Due to the motorcycle's small size, it may be difficult for other drivers to see motorcyclists on the road. This lack of visibility is a big reason why motorcycles are more likely to be involved in serious accidents than passenger vehicles.

Knowing the dangers of MRSA when in a hospital or health facility

It's bad enough when a person in New York has to enter the hospital for any reason, but a medical issue -- no matter how seemingly innocuous -- can turn very serious if hospital-acquired infections cause a person to become ill or die. One particular infection that can occur is MRSA. This is a staph infection that resists a large number of antibiotics administered to combat it. If it happens in the hospital, it can lead to infections in the blood or a surgical site and pneumonia. Understanding the facts is important when recognizing the problem and knowing what to do after it happens.

New York pedestrian accident numbers are staggering

Staten Island residents have no doubt heard or read about the alarming number of motor vehicle-pedestrian accidents in New York. As this blog pointed out recently, lawmakers have tried to address the problem by creating new speed limits in New York City. However, speed limits can only do so much to prevent these accidents.

Woman injured on Staten Island Expressway settles for $345,000

Truck drivers on the Staten Island Expressway are responsible for numerous accidents each year. Many of these accidents cause serious injuries and some can even be fatal. This is why truck drivers face federal regulations when they are behind the wheels. Despite the additional safety measures, crashes involving trucks still occur and impact the lives of victims involved in them.

What should you do if you have experienced medical malpractice?

When a patient is treated by a medical professional, there is chance that the patient may be harmed or injured as a result of the treatment. In some cases, patients can be misdiagnosed and in turn, receive unnecessary and harmful treatment. Doctors in the New York area are expected to adhere to a standard of care, requiring them to care for their patients in the proper way. Medical professionals who fail to do this may be guilty of medical negligence and should be held accountable for their actions.

Michael J. Gaffney, Attorney at Law
1164 Victory Blvd.
Staten Island, NY 10301

Phone: 347-286-1937
Fax: 718-447-9908
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