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Why objections are important to medical malpractice cases

Many medical malpractice cases wind up settling through negotiations and mediations. A fair number, though, go all the way to litigation. When this happens, medical malpractice victims need to be prepared to present compelling legal arguments that are persuasive to the judge and jury. This may sound simple enough, as it may appear that the facts are easy to discern, but the truth of the matter is that the legal logistics of litigation can completely reshape how facts are presented and interpreted.

This is why it is important to know how to make and respond to objections. A properly made objection, regardless of whether a judge rules in your favor, can preserve the issue for appeal. This means that if the final outcome is against you, if you have properly objected to certain issues, then the court of appeals can review those issues. Also, strongly made objections, as well as strong responses, can convince a judge to rule in your favor, thereby increasing your chances of success at the trial level.

The basic timeline of a workers' compensation claim

If you work in the construction field in New York, then you know that his year-round industry can be dangerous. Accidents involving scaffolding falls, machinery pinning, and electrical accidents can all leave an unsuspecting worker seriously injured or dead. Those who are fortunate enough to survive such incidents may have a lot to deal with in addition to their physical and mental recovery, including figuring out how to pay for their medical expenses and recoup lost wages.

Workers' compensation, of course, can help cover these losses, but only if the system is successfully navigated. The first step in recovering these benefits is understanding the process. First, an injured worker needs to seek immediate medical attention and notify his or her employer. This notice can be verbal, but written notice must also be provided within 30 days. Then, a workers' compensation claim needs to be filed.

3 things you should never do after a car accident

With a host of hazards on the roads these days, it is a real possibility that you may suffer a car crash sooner or later. Although this is an unfortunate reality, you can prepare in advance by informing yourself about best practices in the event of an accident.

It’s not only about what you do following an accident, but what you don’t do as well. Sidestepping certain actions can help your case, especially if you decide to take your case to court due to injuries and the other driver's negligence.

Wrongful death award may be modified

Unexpectedly losing a loved one can leave a surviving family utterly devastated. In addition to confronting the emotional toll such a loss can inflict, these individuals usually have to find a way to cover financial damages. With medical expenses, funeral costs, and lost wages playing a part, these losses can seem insurmountable, especially when a family is trying to grieve their loss.

Fortunately, these surviving families may be able to recover compensation for their losses if they are able to successfully impose liability and prove the extent of their damages. Yet, even those who are successful in accomplishing both of these feats can still face an uncertain outcome. One reason is because an award of compensation made by a jury may be modified by a judge. This modification may lessen an award if a judge feels that the award is not in line with the deceased individual's earnings at the time of death, or if the deceased individual was well-known for wasting money away.

Important statistics about bicycle safety

Bicycling is convenient, environmentally friendly and great for your health. If you are passionate about riding your bike, you are well aware of these benefits. You probably also know that biking can be dangerous. 

Bicycle accidents can be severe, especially when it involves a collision with a motor vehicle. The first step to staying safe is knowing the risks. Here are some important statistics and facts about bicycle safety:

Aggressive advocacy needed to combat medical malpractice defenses

If you've ever been surrounded by semi-trucks and suddenly found yourself anxious, you're not alone. These massive vehicles can strike fear into the bravest amongst us, and for good reason. When driven negligently, semi-trucks can cause a massive amount of devastation. Not only can vehicles be completely destroyed in truck accidents, but victims can suffer serious injuries. The worst cases result in death. On top of that, truck accidents are more common than many individuals think.

One reason for their frequency is the increased distance required to safely bring these vehicles to a stop. Whereas a car may be up to 18 feet in length and weigh up to 4,000 pounds, a semi-truck can be as long as 65 feet and weigh 80,000 pounds. This means that a car that is traveling at 40 miles per hour will need approximately 125 feet to come to a safe stop. A semi-truck traveling that same rate of speed will need almost 170 feet to stop safely. When speeds increase to 65 miles per hour, a car will need 316 feet, and a big rig will need 525 feet. The difference is almost the length of a football field.

3 reasons breast cancer is often misdiagnosed

Breast cancer is one of the most troubling forms of cancer. It is sometimes easily treated, but it is sometimes an aggressive disease that proves fatal. Because the stakes are so high, it is obviously imperative that doctors be diligent when it comes to diagnosing and treating this condition. One error could have a hugely detrimental impact on the life of a patient, but misdiagnoses are still common.

How and why is breast cancer misdiagnosed? What can you do if you have been a victim of this form of medical malpractice? Following are three reasons why this illness might be incorrectly diagnosed. 

Aggressive advocacy needed to combat medical malpractice defenses

Pursuing a medical malpractice lawsuit takes courage. It also takes a firm grasp of the law and how it applies to the facts at hand. This is because, as we discussed on the blog previously, there are a number of defenses to these types of claims. Also, high-paid doctors and established hospitals have extensive resources to dump into their defense. This means that aggressive defense attorneys will do everything they can to rip apart a victim's claim, even if that means blaming the victim himself or herself.

To combat such tactics, medical malpractice victims should carefully consider who they choose to be their legal advocate. A competent legal professional, like those at Paul B Weitz & Associates, will know how to spot weaknesses with a hospital negligence claim, then diligently work to gather evidence and witness testimony to strengthen the claim. Our legal team knows how to anticipate potential defense strategies, which leaves us well-positioned to present our clients' claims in a way that is persuasive to judges and juries.

New York construction accident kills one, injures another

New York City is a hotbed of construction. Just about any time of year, men and women go to work to build and repair our city and our state's roadways and buildings. These workers shouldn't need to worry about their safety, but the sad truth of the matter is that some of these individuals are injured on the job. Being hurt in a construction accident can have serious consequences for those who are harmed, as they may suddenly need to find a way to deal with unexpected medical expenses and lost wages. This is unfair, which is why these individuals are encouraged to seek out workers' compensation benefits.

One New York family and a young construction worker may want to consider doing this now after a major workplace accident in Manhattan. According to reports, a large glass panel measuring eight feet by 14 feet fell from what is to be one of New York's tallest skyscrapers. A 67-year-old security guard was killed in the accident, and a 27-year-old construction worker was taken to the hospital with injuries. Reports indicate that the panel was being moved when it fell, but the exact circumstances are unclear.

The link between gestational diabetes and birth injuries

No mother ever wants to face the prospect of a birth injury when delivering her baby. However, birth injuries do occur, and not all of them take place in the delivery room. Sometimes, birth injuries happen long before the actual due date, when care providers make mistakes in prenatal care.

Gestational diabetes is one type of condition that can develop during pregnancy and must be detected and treated. If left undetected and untreated, it can cause complications that can affect the baby.

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