Trip and Fall Section 7-201(c)(2) of the New York City Administrative Code, known as the “Pothole Law”, states that no civil action can be maintained against New York City for personal injury sustained as a result of a street (or sidewalk) being out of repair, unsafe, dangerous […]
Read more →NJ Unsatisfied Claim and Judgment Fund In New Jersey, if you are a pedestrian injured by a car that was uninsured or by a hit-and-run driver and you do not own a car or live with a family member that owns a car you may be able […]
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ERISA Liens and New York Personal Injury Settlements The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for the individuals participating in these plans. When […]
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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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