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Archive for 2010

Gallbladder Surgery

Gallbladder Surgery

Gallbladder Surgery What is the surgeons duty of care during a gallbladder surgery? Understanding Gallstones he gallbladder (or cholecyst or gall bladder) is a pear-shaped organ located in the right upper abdomen below the liver. Bile is produced by the liver and stored in the gallbladder until needed by the […]

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Cholecystectomy – Risk of Injury to the Common Bile Duct

Cholecystectomy – Risk of Injury to the Common Bile Duct

Cholecystectomy and the Risk of Injury to the Common Bile Duct uring laparoscopic gallbladder removal surgery, or cholecytectomy, there can be times when the surgeon mistakes the common bile duct for the cystic duct.  If the surgeon does not recognize this error before clipping or dissecting, this may produce […]

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Legal Requirements of Medical Malpractice

Legal Requirements of Medical Malpractice

Legal Requirements of Medical Malpractice What are the legal requirements of medical malpractice? New York Medical Malpractice edical malpractice is the negligence of a doctor or surgeon.  Negligence is the failure to use reasonable care under the circumstances, doing something that a reasonably prudent doctor or surgeon would not do […]

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Third-Party Claim

Third-Party Claim

Third-Party Claim What are third-party claims? New York City Work Site Accidents here are many types of accidents that can occur at a New York work site: a slip and fall, a car crash while making a delivery, or a fall from a scaffold at a construction […]

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New Jersey Dog Bite

New Jersey Dog Bite

Bitten by a Dog in New Jersey ew Jersey provides for strict liability against the owner of a dog when someone in bitten by a dog regardless of the prior propensities of the dog to bite, as long as the statutory requirements are met.  NJSA 4:19-16 (Liability […]

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New York Dog Bite

New York Dog Bite

Bitten by a Dog in New York n New York, in order to recover damages for a dog bite the law requires that the owner of the dog either knew or should have known of the dog’s vicious propensities prior to the attack. Once such knowledge of […]

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Uninsured Motorist or Supplemental Underinsurance

Uninsured Motorist or Supplemental Underinsurance

Uninsured Motorist or Supplemental Underinsurance Motorist Insurance Residency Requirement n New York, when you sustain an injury in a car accident where the tortfeasor (or the person at fault for the accident) was uninsured, or a hit-and-run car accident, or the tortfeasor does not have sufficient liability […]

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New York Labor Law

New York Labor Law

New York Labor Law Understanding the Labor Law he “New York Labor Law” provides statutory protection to construction workers and other person frequenting construction sites. Labor Law § 200 The general provision that protects construction workers from injury at a job site is Labor Law § 200.  […]

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Understanding New York No-Fault Benefits

Understanding New York No-Fault Benefits

New York No-fault Benefits Understanding Your Benefits n New York, if you are injured in a motor vehicle accident you are entitled to receive no-fault benefits.  These benefits are provided regardless of who may be at fault for the accident and are part of the financial responsibility […]

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NY Insurance Law and the Gap in Treatment

NY Insurance Law and the Gap in Treatment

NY Insurance Law and the Gap in Treatment What is the “Gap in Treatment” rule under the NY Insurance Law? Serious Injury Law hen you are involved in a motor vehicle accident in the State of New York, you are entitled to no-fault benefits that will cover […]

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