New York Serious Injury Law and Disc Herniations Defendant’s Burden to Establish the Lack of a Serious Injury If you are injured in a car accident in New York, the law requires that you establish that you sustained a “serious injury.” In a case where the car crash victim […]
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New York City Bicycle Accidents Bicyclist Struck by a Car Although the City of New York has taken many steps to make our roads safer for bicyclists, it is still a sad fact that New York City bicycle accidents occur far to often. It has been reported […]
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Trip and Fall on a New York City Sidewalk Trip and Fall Every day people are injured or hurt in a trip and fall accident because of a broken or defective sidewalk in New York City. We have previously discussed the legal obligations of owner of commercial […]
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Errors in Using Medical Alarms An FDA article in the journal Nursing2009 describes problems that can arise with the use alarms on patient monitoring equipment. From 2005 through 2008, FDA received 566 reports of patient deaths related to the alarms on monitoring devices. Part of the […]
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Medical Errors – Misreading Letters and Numbers An article by the Institute for Safe Medication Practices (ISMP) reminds healthcare practitioners how dangerous it can be to misread the letters and numbers on prescriptions, drug orders and medical records. Unfortunately, these mistakes are easy to make because some […]
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New York General Obligations Law § 5-335 Limitation of Non-statutory Reimbursement and Subrogation Claims The General Obligations Law now prohibits health insurers and other benefit providers from seeking reimbursement from the proceeds of any settlement of personal injury, medical malpractice or wrongful death actions for medical services […]
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HIPAA – Patient’s Access to Medical Records Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), a patient has a right to obtain a copy of his or her medical records. Certain exceptions apply where access to such medical records may endanger the health or […]
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Medicare and Medicaid – The Right to Reimbursement Medicare and Medicaid have subrogation rights and a “right to reimbursement” when a person that has received Medicare or Medicaid benefits recovers an award from a personal injury action. There are many theories and ideas floating around that suggest […]
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Snow and Ice upon City Sidewalks When is the City of New York City responsible for slip and fall accidents involving snow and ice? Snow and ice upon a sidewalk can create an dangerous slipping condition. Slip and fall accidents can result in serious injuries including fracture […]
Read more →Personal Injury Settlements and Child Support Judgments New Jersey Claims What happens when you receive a settlement offer for a personal injury claim but are a judgment debtor for child support within the State of New Jersey? New Jersey Statute N.J.S.A 2A:17-56.23b(1)(a) provides that a judgment for […]
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