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New York City Personal Injury Law Blog

Unintended acceleration: More than floor mats and pedal design

When 89 fatalities and numerous serious injuries are caused by unintended acceleration, why isn’t there more media coverage? It might be because software/hardware failure is not easy to pinpoint especially when source code is proprietary.

More lawsuits allege that Toyota failed to exercise reasonable care in developing and testing code that controls the throttle in its vehicles. Software engineering processes have become the issue in these trials. We’ll explain more in this blog and link to additional resources.

Malpractice claims against federally qualified health centers

Federal funding of a healthcare clinic affects the amount of time to bring a medical malpractice lawsuit. In New York, there are more than 100 health centers that receive federal funds. Claims against the appropriate federal agency, not the clinic or the doctor, must be brought within two years.

The U.S. Department of Health & Human Services maintains a directory that lists community-based federally qualified health centers (FQHCs). In New York City, a few include Betances Health Center, the New York and Presbyterian Hospital and the Charles B. Wang Community Health Center. These clinics receive federal funding to provide services from primary care to maternal and child health care.

Delay in sepsis diagnosis and treatment can be fatal

As a parent, it may be tough to identify when a child is simply whining or instead very ill. A young child may not have the right words to convey where it hurts. An older child's symptoms may mimic something benign, but could actually be very serious.

When a 12-year-old boy died five years ago, it was because the symptoms of sepsis mirrored those of a stomach bug. A resulting New York program has sought to speed identification and treatment of sepsis. The advocacy of the boy's parents has meant that 4,727 fewer people have died from this condition across our state.

Does glyphosate, a main ingredient in Roundup, cause cancer?

To the many people who have developed non-Hodgkin’s lymphoma after exposure to glyphosate, the answer is yes. This type of cancer that starts in the lymphatic system has been on the increase. The International Agency for Research on Cancer listed the main ingredient in Roundup a “probable carcinogen” two years ago after research supported a link with the cancer.

On the other side is Monsanto, who defends its flagship product as completely safe, stating “Glyphosate is not a carcinogen.” The scale of use in the U.S. makes this an important debate – more than 220 million pounds of glyphosate were applied to genetically modified Roundup-ready soybean, corn and cotton crops in 2015.

4 questions to ask before seeking experimental treatment

Medical treatments are advancing at an incredibly rapid pace. This makes it difficult to keep up with developments and discern between legitimate research and unapproved procedures.

You are not alone in relying on a doctor for help understanding the options. However, with all the information available with the click of a mouse, it is important to do your own research as well.

The link between textured breast implants and a rare cancer

Battling breast cancer takes an excruciating toll from loss of hair to coping with a lumpectomy or complete mastectomy. Last year, approximately 109,000 women across the country had reconstructive surgery at the end of their cancer treatment. Another 290,000 American women received implants for breast enlargements, according to the American Society of Plastic Surgeons.

Now the troubling news: a rare type of cancer - anaplastic large-cell lymphoma (ALCL) - has been linked to breast implants. The Food and Drug Administration has received 359 reports that include nine deaths.

Options when a hit-and-run driver leaves the scene

Car crashes happen in the blink of an eye. One second, you are thinking about an important presentation on your way to work. The next second, it’s shock from being rear ended and spreading pain.

Every collision has the potential to cause serious injuries, which is why New York drivers are required to stay on the scene when an accident causes property damage or injuries. Unfortunately, some drivers flee the scene, which leaves victims without needed aid or contact information for an at-fault driver.

A checklist to follow before giving informed consent

What rights do you have to decide the course of your medical treatment in New York? Informed consent is required before a undergoing heart surgery or cancer treatment, but what does this really mean.

Unfortunately, many people put more effort into choosing their new television rather than picking a surgeon. Before any surgery or procedure, do your homework. Find out if the surgeon is board certified in the specialty, the number of this type of surgeries he or she completes each year and what are the outcomes. Does the surgeon have a malpractice history. A simple Google search may turn up that other states have revoked a license. Question where the physician is advertising - going with an Penny saver surgeon may lead to a bad outcome and no insurance. 

Assigning liability when vehicle autopilot programs fail

Autopilot mode is still limited to several Tesla and Mercedes models, but that could soon be changing. Many auto manufacturers are lining up to start selling driverless vehicles. Much debate has focused on who is liable when it’s not a texting human who causes a crash, but instead a software glitch.

Last year, a driver using autopilot was killed in Florida when his Tesla crashed into a truck merging on the road. The software couldn’t distinguish the white truck from the brightly lit sky and thus did not apply the brakes.

The danger of capping medical malpractice damages

The bill introduced in the House of Representatives as HR 1215 is innocuously titled, "Protecting Access to Care Act." But the main purpose of the proposed law is to cap noneconomic damage awards at $250,000 if a medical provider is federally supported or the doctor accepts federal subsidies through Medicare and Medicaid.

These noneconomic damages are awarded to compensate for pain and suffering when someone is seriously injured or dies as a result of medical malpractice. For the family of someone who dies, these damages often come as little comfort and cannot ever fully offset a loss.

How many people are affected by medical malpractice? Three recent reports put the number at more than 200,000 deaths caused by medical error annually. Dr. Kevin Kavanagh, an author of one of these reports, expresses concern that "Despite having knowledge to prevent adverse events - many health systems do not adequately invest in patient safety to put well-known safety improvement strategies in place."

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    Martin H. Weisfuse
     
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