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When truckers are distracted

Motorists across New York face hazards every time they take to the roadway, thanks to overcrowded commutes, weather-related headaches and inattentive drivers, among other factors. Just as typical motorists may find themselves losing focus due to cellphones, roadside accidents and related distractions, truckers, too, often get distracted. Per the Federal Motor Carrier Safety Administration, driver distraction is a factor in more than 70 percent of commercial truck-involved accidents, and when commercial trucks and cars collide, the cars are frequently on the losing end.  

Some of the distractions that divert truck drivers’ attention away from the roadway are the same that plague standard motorists, such as texting behind the wheel, trying to follow a handheld map or checking out signage, architecture or something similar on the side of the road. Eating and drinking while at a vehicle’s controls, regardless of the size of the vehicle, is also highly dangerous, because both acts require that drivers take at least one hand off the vehicle controls.

Facing the challenges of probate

If you have been named the executor of a will, you may be dreading the probate process, which is particularly daunting when you are in mourning for a loved one. At Goldberg Sager and Associates, we have helped many Brooklyn clients tackle the complexities of probate.

Being named executor comes with a hefty checklist of responsibilities that can be confusing, frustrating, and emotionally and mentally draining. Forbes notes that your duties as executor may range from ensuring that the funeral and burial are arranged in accordance with the desires of the deceased to filing the will with a probate court. Probate, the procedure by which a will is validated, is one of the major hurdles for executors.

Nursing home residents have rights, too

Making the decision to place a loved one in a nursing home is very difficult. Imagine placing your mother into a home and the various things that will concern you. You will worry if the place is going to be a good fit, if she is eating enough and getting exercise. You will also worry about the standard of care at the facility.

Nursing home abuse happens more often than we like to think about. Fortunately, there are laws in place that protect the rights of nursing home residents.

What surgeons leave behind

When you enter the operating room to have a procedure performed, you place your life in the capable hands of the well-trained and experienced surgical staff. Upon leaving the OR, however, you may be unknowingly taking home a souvenir from your operation. Surprisingly, medical instruments, such as surgical gauze, forceps and other equipment, have been left behind in patients’ surgical sites. It is only when the patient experiences severe pain after the surgery that medical professionals may discover the object that has been stitched up within the patient.  

A study conducted by Johns Hopkins and published in Surgery found that foreign objects are left inside patients during surgical procedures at least 39 times every week throughout the United States. These preventable medical errors can cause severe infection, permanent injury and even death to unsuspecting patients. In one case, a woman had to have part of her intestine removed after x-rays showed a surgical sponge that had been left behind after a procedure. The sponge, which was used during the procedure to soak up excess bodily fluids around the surgical site, had adhered to the outside of the intestine and caused a massive infection.

What should I do in a hit-and-run?

The sound of screeching tires, crunching metal and breaking glass can be scary enough on its own, but what do you do when the other driver speeds off? This is an unfortunate circumstance that many motorists in New York and around the country find themselves in every day. Knowing what you should do before you ever find yourself here can make the situation safer, less stressful and increase your chances of achieving justice.


What you need to know about transferring a deed

Transferring property can often be a complicated undertaking. In most circumstances, you will need an attorney to help you legally transfer a title. Your lawyer will have to examine the transaction and determine what documents must be drafted and filed, what the new owners will be responsible for upon transfer and how the transfer will occur.

If you are considering transferring property, you should first consult with an attorney experienced with real estate laws in New York. Take the necessary steps to ensure that your transfer is completed without any unforeseen complications. Read further for general information on transferring property.

3 reasons to get medical help for your child after a dog bite

Fido wasn't happy to see your child today, and he lashed out in a way you never expected. For example, maybe your child already knew the neighbor's pet, he normally only saw the pet when your neighbor was with him. Today, the dog got off its leash and chased your child down on his bicycle, biting him once he was knocked down. Your neighbor called him off quickly, but your child still suffered in the attack.

Your neighbor is mortified, and your child has several puncture wounds from the dog's bite. While the wounds themselves don't look too bad, it's important to take your child to get emergency care. The wounds may not bleed much and may look small, but there are complications that could occur without treatment.

What is a power of attorney?

If you are unable to make decisions for yourself, a power of attorney can be used in New York to appoint an agent to do make them for you. According to the National Caregivers Library, this legal document can be used to grant power to another person over all your decisions or just particular areas. For example, you could grant a power of attorney to someone who can only handle your medical decisions or you could grant it to someone to handle all of your affairs.

When creating a power of attorney, you need to carefully choose the person to whom you are giving the decision-making power. It should be someone you trust and can rely on to make decisions that would be reflective of what you would make if you could. The person, called an agent or attorney-in-fact, can be anyone you want. The person does not have to be related to you but must be someone over the age of 18.

The risk of medical misdiagnosis

People who visit an outpatient clinic or emergency room in New York assume that they will be evaluated, diagnosed and treated by competent medical professionals. Sadly, this is not always the case. A surprising number of people in the United States leave the doctor’s office as victims of medical error. Medical misdiagnosis or failure to diagnose a patient is more common that people might think. Researchers found that approximately 12 million people across the country are misdiagnosed by physicians each year. The study, which was published in BMJ Quality and Safety also reported that in half of those cases, patients were harmed as a result of the misdiagnosis.

For example, a patient seeking treatment in an emergency room for a lung condition may be diagnosed with pneumonia, when in fact, they have lung cancer. In some cases, they may be released from the hospital without a diagnosis at all. How are these mistakes made? Emergency rooms are chaotic environments, filled with a number of nurses and physicians who are all working on multiple patients at once. In addition, ER and outpatient clinic physicians may not always a full medical history of each patient they see. This can make it difficult to provide a full evaluation and diagnosis. Often times in these medical settings, doctors are rushed to see many patients in a short period of time, limiting their ability to perform a comprehensive evaluation of the patient’s condition. All of these factors can lead to a misdiagnosis.

The various elements that make trucks so deadly in a crash

Commercial trucks necessarily operate and move differently than passenger cars and trucks. This is because they are enormous, very powerful and often carrying heavy or potentially dangerous cargo. For these reasons, there are a number of state and federal trucking regulations that set standards for who can drive commercial trucks, which behaviors operators should avoid, and how cargo must be loaded.

Unfortunately, mistakes can and do happen, which can lead to serious truck crashes. These crashes have the potential to be deadly because again, the trucks are typically enormous, powerful and carrying dangerous cargo. 

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