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New City Personal Injury Law Blog

Prostate screening on the decline

New York medical professionals may have mixed thoughts on changing recommendations related to screening for various types of cancer. An announcement occurred in 2012 at which time a task force noted that prostate cancer screening was not a necessity for most men. High-risk individuals, including those in the African-American community and those whose families have a history of cancer, were still identified as candidates for PSA screening.

Statistics for prostate screening have decreased since that 2012 announcement. The number of men over 50 being screened is 18 percent lower than at that time. Similar statistics have been noted in older demographic groups as well. Early prostate cancer detection has also decreased in that time frame. There is a concern that the lower numbers of early cancer cases might be the result of inadequate screening. However, one of the primary reasons for the task force making its recommendations was the fact that many cancers being treated after PSA screening were slow-growing. The effects of treatment tended to be more damaging than the cancers being treated.

Traffic lights intended for driver safety may cause accidents

Traffic signals are intended to safely control the flow of traffic through an intersection. Go through a red light and a police officer will probably pull you over and issue you a traffic ticket. The use of red light cameras in communities in New York to enforce red light violations has come under fire as increasing the chances of getting into a car accident.

According to experts in highway safety, a distracted driver who fails to take notice of a changing light is at risk of causing a car collision with traffic entering the intersection. Red light cameras were originally installed to prevent motorists from entering intersections against a yellow or red light by raising the chances of a driver being caught.

How do you prove a premises liability claim?

It is a matter of general knowledge that if you suffer an injury on the property of another, including a business, if the person or business that controls the premises was negligent in permitting the existence of a hazardous condition that caused the injury then you may have a cause of action for negligence based in premises liability. That is the easy part. The more challenging part comes when you need to build your legal claim and present it effectively in settlement negotiations with an insurer or, if need be, in a New York court.

Laying out the facts of how you were injured is only the beginning of what you need to prove to win a premises liability claim. Beyond that you must show that the property owner was at fault for the hazardous conditions that caused the accident. That invokes inquiries related to whether the owner knew, or at least should have known about the hazard and whether a reasonable person in his or her shoes would have known about it. To do this, your personal injury attorney must be thoroughly grounded in all of the requisite elements to prove a negligence cause of action.

What is a survival action?

You may already be familiar with the cause of action of wrongful death, which can arise whenever a loved one of yours dies as the result of a negligent, reckless or intentional act of another person. But are you aware that there is another potential cause of action that can take place in connection with the death of the same loved one? In New York, this additional potential legal claim is known as a "survival action."

The basis of a survival action is that what "survives" is any cause of action for personal injury that a plaintiff may have, even if the plaintiff dies before the action may be brought or continued against a negligent defendant.

Besides permanent disability, are there other classifications?

If you are a work accident victim in New York, the law requires employers to maintain workers’ compensation insurance. Instead of having to sue your employer, workers’ compensation insurance pays cash benefits toward you lost wages and medical expenses without the necessity of a lawsuit. The tradeoff is that workers give up their right to sue their employers in most instances in exchange for coverage under workers’ compensation.

The goal of workers’ compensation is to help you to recover from your injury and return to work. Sometimes, however, the severity of the injury could keep you out of work for longer than just a few days or a few weeks. This is the reason workers’ compensation uses different classifications of disability to determine the number of weeks of benefits it will pay.

Two hospitals subject to medical malpractice lawsuit in same case

It is one thing for a hospital to find itself the defendant in a medical malpractice lawsuit based on the death of a patient. It is much more unusual for two hospitals to be named as defendants in the same lawsuit, and even more peculiar that the patient is alleged to have died in both hospitals.

Yet that is exactly what a lawsuit is alleging against two hospitals located in the Buffalo area. According to the complaint, a man was diagnosed as being dead from a heart attack shortly after being brought to the first hospital, but then -- allegedly two hours after being pronounced dead -- was found to still have a pulse.

Texting and driving merely one of many distractions for drivers

The distracted driver poses a threat to the safety of other motorists and pedestrians. Car collision injuries attributable to distracted driving totaled more than 400,000 across the nation. Texting and driving is one of the behaviors that motorists engage in that could result in a head-on collision or other type of car accident.

The government estimates that more than 150 billion text messages are sent in the U.S. each month. Texting is not, however, the only conduct that a negligent driver might engage in that could lead to a collision with another vehicle or a pedestrian. 

Type of doctor error could affect how long you have to sue

All states, including New York, limit the amount of time you have within which to file a lawsuit. The purpose of these statutes of limitations is to prevent someone from gaining an unfair advantage in a lawsuit by waiting so long to file that witnesses forget what they saw and other evidence is lost.

When it comes to a claim against a doctor for medical malpractice, what the doctor did wrong could affect the amount of time you have to sue. As a general rule, if you have been injured because of a misdiagnosis or a failure to diagnose a medical condition, the time within which you must file your lawsuit against the negligent doctor is two years and six months from the date of the injury.

What is an "attractive nuisance" under New York law?

The importance of the attractive nuisance doctrine is that if the plaintiff is successful in establishing its elements then the ordinary defenses of property owners or occupiers with regard to trespassers do not apply. As you may expect, proving all of these elements can be challenging in that considerable factual investigation will be required, which is something that an experienced personal injury attorney can help you with.

Children are by nature curious, and sometimes their curious nature can get the better of them, in the form of their going to places and doing things that an adult would know better not to. As a public policy the law only holds minors to adult standards in a few circumstances, such as when they commit certain types of violent crimes. One area in which New York law establishes a separate standard for children is in premises liability via the “attractive nuisance” doctrine.

What happens when a negligent property owner is the government?

An accident at a grocery store, a private home or in a shopping mall that causes you to suffer a serious injury might give you the right to file a lawsuit for compensation against the negligent property owner. Special rules apply when the property owner is the state or federal government.

The doctrine of sovereign immunity is not a factor when you slip and fall on a wet floor in a building owned by a private individual or by a corporation. It becomes a big concern when the building is owned or controlled by the United States or by New York.

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