Smiley & Smiley, LLP

February 2016 Archives

Woman files product liability claim for bath mat injuries

Defective products are often subjected to a manufacturer's recall nationwide and in New York in those cases where a large number of complaints are received. There  are also sometimes class actions filed to obtain relief for a large number of plaintiffs with similar claims that are amenable to mass resolution. When an individual suffers severe injury from a defective product, the best way to claim full monetary compensation is generally through an individual lawsuit claiming product liability.

Jury awards $11.6 million in New York medical malpractice case

Medical malpractice is based on principles of negligence. In the context of a medical negligence suit, the primary legal question is whether the medical provider's course of treatment fell below minimum recognized standards of care imposed in the medical specialty in question. If that question is answered in the positive, then it must be asked whether the medical negligence that occurred was a substantial factor in causing the patient's injury or death. Both of those questions were answered affirmatively by a New York jury that recently entered a verdict of $11.6 million in favor of a former business owner  who claimed to be totally and permanently disabled due to the medical malpractice of a treating radiologist and the doctor's medical group.

Crane collapse continues the NYC string of construction accidents

Mishaps at construction sites occur on a daily basis in New York City. A major incident happened recently when a massive construction crane got loose from workers while they were trying to lower it during high winds. It collapsed on top of pedestrians and parked cars in the street below. The crane was being taken out of operation due to winds of 20 to 25 mph, which is the limit for their safe use in the city. One man, a pedestrian, was crushed to death, and at least three others were injured, in the latest of a flurry of construction accidents in the city.

Study on doctors who commit medical malpractice is published

Medical negligence is a recurring problem in New York and around the country. It may be committed by doctors, hospitals or other medical personnel. A recent study published in a prestigious medical journal concludes that a very small fraction of doctors are involved in a large percentage of medical malpractice settlements nationally. The study looked at data available from the U.S. National Practitioner Data Bank.

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