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Filing a medical malpractice suit in New York

New York residents probably will be shocked to learn that preventable medical errors are now the third leading cause of death in America, accounting for over 250,000 deaths each year. These alarming statistics appeared in a 2016 report summarizing the conclusions reached by researchers at the Johns Hopkins University School of Medicine.

When medical malpractice leads to death, the family of a deceased patient often files a wrongful death lawsuit against the negligent person and/or facility. In cases of nonfatal medical malpractice, the injured patient himself or herself often files a medical malpractice lawsuit.

Discussing your inheritance void, of unnecessary contention

While you may not wish to think about your death, your efforts to begin planning your estate before it is too late can save your family a lot of unnecessary strife and confusion after your death. One of the best things you can do is to involve your family in discussions about who will acquire your inheritance. At Goldberg Sager & Associates, we are familiar with the complications that many people in New York face when planning their estate. 

A large part of preventing familial conflict when planning your estate is to begin far in advance. According to the Huffington Post, your approach to holding a meeting with your presumed heirs can make a significant difference in fostering feelings of unity and understanding after your death. Begin by making a list of the people you wish to share your inheritance with. During the meeting, you can encourage open dialogue and facilitate a successful conversation by doing the following things:

  • Invite an advisor: You may wish to invite someone you trust to advise the meeting. This person could be a mediator, an attorney or even a financial planner. 
  • Stay calm and friendly: Use a casual tone and encourage everyone to listen to each other. If things get heated, do your best to stay calm and focused. 
  • Define an agenda: Create an agenda for the meeting and share it with everyone at the start. This way, everyone involved can follow along to stay on track and keep the meeting efficient and purposeful.

Tour Bus Accidents in New York City Are Quite Common

Every year, millions of people around the country take a sightseeing tour around a new city that he or she is visiting. New York City features many tourist attractions. According to reports, tourism in New York City has continued to steadily grow over the last ten years, however, so has the risk of tourist accidents. While the Metropolitan Transportation Authority (MTA) does not have any regulations governing the mandated reporting of tour bus crashes in New York City, these incidents are unfortunately quite common.

VA Conceals Medical Errors

In the United States, medical errors account for the third leading cause of death. According to USA TODAY, the Veterans Affairs hospital system is the nation's largest employer of healthcare workers. A recent ongoing federal lawsuit and investigation into the VA has revealed that Thomas Franchini, a podiatrist, along with other physicians have made dangerous medical errors in multiple cases, but were allowed to resign without any disciplinary action. Furthermore, the VA failed to inform state licensing regulators and patients about their conduct and past performance. This allowed doctors like Thomas Franchini to resign and go into private practice, putting not only veterans but the public at large in danger.

How can you keep your heirs from fighting?

You're worried that your estate is going to push your family apart. You've heard the horror stories about brothers and sisters who no longer speak because they got so upset about the way their inheritances panned out.

You know that you can't prevent all issues. Sibling rivalries may come into play. Kids may grow apart no matter what you do. That said, you want to take whatever steps you can to protect your family. You want that to be your legacy.

Holding truck companies liable for the actions of drivers

Clients often come to us here at Goldberg Sager & Associates facing inordinate expenses after having been involved in truck accidents in Brooklyn. You see just how massive these vehicles are when you drive next to them on the road; imagine the damage one can cause should it collide with your vehicle. The subsequent medical and repair costs you could be facing may leave you needing to seek compensation from those who are liable. The question then becomes whether that is limited to the trucker who hit you. 

If said trucker is an independent operator that contracts with carriers, then the answer is yes. Yet if he or she is an employee of a trucking company, the legal principle of respondeat superior may apply. This doctrine states that employers can be held liable for the actions of their employees if those actions were done within the scope of employment. Who then defines how far the scope of employment extends? 

What can cause delays with settling an estate?

Some people in New York are under the impression that having estate plans can help them to speed up the probate process. While it is possible for some estates to be probated without the court’s intervention, it is necessary for probate court to review and approve of certain types of plans and preside over all disputes. Also, people who do not have plans in effect at the time of their deaths must have their assets pass through probate court. 

The probate process is not always a fast and timely one. There are many things that can cause delays and draw out the time it takes to settle an estate. Here are some common reasons that increase the time it takes to probate an estate. 

What to Do If You Are Injured in a Bike Accident

According to DNAinfo, the New York City Department of Transportation data has revealed that Mayor de Blasio's Vision Zero initiative has failed New York City bicyclists. For many bicyclists, New York City can be a dangerous place to ride. However, for many people cycling is used as a regular form of transportation. In 2015, there were 53,987 bicycle related accidents and 234 fatalities in the five boroughs, which is extremely alarming. Most bicycle injuries occur due to:

How common are anesthesia errors?

One of the most critical aspects of surgery is the administration of anesthesia. You may not think much about it when you are consenting to a medical procedure in New York that requires you to have it. But it is an aspect of medical care you should not overlook. When administered properly, it relaxes the body and takes away the pain and discomfort you would normally feel without it. When it is given improperly, the results could lead to a great deal of pain, trauma, complications and death. 

Anesthesia errors are a lot more common than you may think. According to, each year, medical mistakes that include anesthesia errors cause an estimated 250,000 patients to lose their lives. Here is a brief overview on how they occur and to prevent them. 

Don't Let Social Media Create Inconsistencies In Your Case

Oftentimes, a personal injury case will involve an evaluation of pain and suffering. Today, many people actively use different forms of social media, which can be used by a defendant to prove that such claims are false. For instance, if someone is claiming that an injury has lead to chronic foot pain, but is then captured in a photograph wearing high heels.

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