New York Injury Lawyer Blog

Cancer is one of the most severe diseases known to humanity. Although many diseases are accompanied by significant pain and discomfort when they develop, cancer often progresses slowly and silently. Pain, significant swelling or lumps, bleeding, nausea and significant weight loss frequently appear only in the later stages of cancer development, when it may not be curable or effectively manageable.

According to a New York City medical malpractice attorney, every doctor is taught in medical school that early cancer detection is essential and immensely improves the chances of survival and effective treatment. Although not all cancer can be efficiently detected in the early stages with the currently available medical knowledge and technology, most cancer types can be identified in their first stages using several screening methods. Biopsy is the golden standard, but it is usually employed when there are enough suspicions to discuss a possible cancer diagnosis.

The Papanicolau test, also known as a Pap smear, is used to prevent and diagnose cervical cancer. A mammogram may be employed when there are suspicions of a breast cancer. Flexible sigmoidoscopy and colonoscopy are effective diagnostic tools for an early detection of colon cancer. Other early screening tests and blood tests exist to identify various cancer forms in their initial stages, when they can be effectively treated with surgery, chemotherapy, radiation therapy or hormone therapy.

Although these diagnosis means do exist, many doctors fail to diagnose cancer at an early stage due to various reasons. Sometimes, medical experts can be irresponsible enough not to order these tests at all, even when these are obviously necessary. Failure to diagnose cancer may also be caused by an incorrect interpretation of a test or an incorrect tissue sampling in the case of a biopsy. Whatever the reason, the consequences for cancer patients and their families can be disastrous.

Failure to diagnose cancer deprives the patient of the necessary treatment that could save his or her life, or could prolong their survival years. Frequently, the patient goes home assured that he or she has no cancer, only to return much later with significantly more severe symptoms such as pain, bleeding or weight loss.

Although there is no proper substitute for years of happiness spent with one's family, you could use the services of a medical malpractice lawyer in New York City and surrounding areas. If you or someone you love suffered from an incorrect or a failed cancer diagnosis, don't hesitate to call us to find out how we can help.

Do you believe you or someone you love is a victim of medical malpractice? Medical malpractice is defined as the improper, negligent, or unskilled treatment of a patient by a healthcare provider. The broad term "healthcare provider" includes any professional person that provides services in regards to health issues including physicians, nurses, dentists, hygenists, pharmacists, physical therapists, as well as others.

There are four elements of a malpractice claim that need to be addressed. The first one, duty of care, refers to the obligation of the healthcare professional to provide services to the patient. The second element addresses the failure of the provider to meet the standard of care. The third element requires proof of a physical or emotional injury. The final element addresses whether or not the injury is a result of the negligence or substandard care.

A New York medical malpractice lawyer can help you understand the process and the legal-ese. Duty of care is satisfied when the healthcare professional agrees to treat the patient. It is that agreement that obligates the healthcare professional to provide competent care. Standard of care basically evaluates the care given to the patient by comparing it to local and national care standards for comparable illness or injury. The resulting injury, physical or emotional, must be confirmed through testimony or evidence. The most critical component of the four elements is determining the actual cause of the injury.

The common argument presented by defense teams is that the injury is a result of actions, behaviors, or other causes unrelated to the care or treatment provided by the healthcare professional. The plaintiff and his or her legal team must prove the direct relationship between the injury and the substandard care received to prevail.

The injuries sustained due to medical malpractice can be acute or chronic, they may eventually subside, or remain with the individual for his or her entire life. Perhaps the results of substandard care caused the premature death of your loved one, an immeasurable loss that is felt everyday. Lives are forever altered when a medical malpractice occurs, and additional pain and suffering is endured. There are unexpected financial costs related to the resulting injury, and the ability to earn income may have been impacted. Compensation does not ease the loss, but it can help ease the additional burdens brought on by the injury, and it can reduce the chances of having someone else endure the same fate.

If you find yourself or someone you know in circumstances such as these, you need a skilled professional to be your advocate. With experience you can count on, empathy you can lean on, and the passion to stand strong for your best interest, contact a New York City medical malpractice attorney, we are ready to serve.

A medical mistake can change the life of a patient and the lives of his or her family forever. These errors alter the future and become a permanent reference point in the lives of those impacted. They are the dividing line of what life was like before and after the mistake occurred.

Medical mistakes can cause the death of a patient, a terrifying thought. Unfortunately, it is a devastating and horrific reality for an estimated 225,000 patients a year in the United States. Statistics indicate that medical malpractice is the third leading cause of death following the victims of heart disease and cancer.

According to a Manhattan medical malpractice attorney, negligence and errors, that are the result of surgery, are referred to as surgical malpractice. These mistakes occur not only during a surgical procedure, but can also happen during pre- and post-operative care. Misdiagnosis can lead to unnecessary surgeries, which account for 12,000 deaths annually.

Victims that live must adjust to injuries caused by surgical errors. Their lives forever altered. The most common surgical mistakes include infections from improperly sterilized equipment, internal injury to nearby tissues, muscles or organs and inorganic items left inside, such as surgical tools. Miscommunications and mistaken identities also occur, causing the wrong operation to be conducted on the wrong body part, the incorrect side of the body or the wrong person. Surgical mistakes can occur during the administration and monitoring of anesthesia as well.

Life after surgical malpractice often involves chronic pain, additional medical treatments or the permanent loss of function and ability. Not only does this alter the quality of the victim's life, but it also brings an additional financial burden while potentially and simultaneously impacting the ability of the patient to return to work.

When your relationship with your medical providers changes from patient to victim, communication frequently ends, adding to your frustration. A quick settlement may be offered, by professionals hired to protect the reputation and assets of your medical providers, which will be in their best interest, not yours.

If you or your loved one has fallen victim to surgical malpractice, life for you has quickly and drastically changed. While you focus on additional treatments and recovery, someone needs to focus on the logistics and your long-term issues. Consideration needs to be given to the immediate and long-term physical, emotional and financial burdens that are now and will continue to be a part of your future. If you or your loved one has fallen victim to surgical malpractice, you need a New York City accident lawyer advocating for you.

Cerebral palsy is defined as an array of symptoms that involve movement disability that are non-progressive and are not caused by a precise disease. It is a medical syndrome rather than a well-defined disorder because it has a multitude of variable symptoms and may develop due to different causes. Whatever the type and the intensity of symptoms, cerebral palsy is caused by damage to motor centers, which are brain centers responsible for movement, and this damage can occur during pregnancy, during childbirth or in children up to three years old. If paralysis or a movement disability occurs after this age and is related to a certain disease, then it is not cerebral palsy.

Cerebral palsy occurs in small children because of some unfortunate event that took place during pregnancy, childbirth or their initial growth stages, and causes brain impairment that translates into movement disabilities. Symptoms include spasticity and contractures, which means that the muscles are abnormally tight and fixed, and involuntary movements, such as facial expressions, balance impairment, abnormal posture, decreased muscle mass and a limited range of movements. Secondary symptoms associated with cerebral palsy in children include seizures, speech impairment, learning disabilities, urinary and fecal incontinence, behavioral problems and mental retardation.

Cerebral palsy is frequently caused by a medical mistake or failure to take action when necessary during or after a problematic pregnancy. The most commonly encountered cause of this severe medical disorder is asphyxia or hypoxia during pregnancy or birth, which means that the child's brain was not getting enough oxygen. Birth trauma, sometimes due to medical negligence or imprudence, is also a frequent cause of cerebral palsy symptoms in children. Untreated infections, radiation and toxic substances exposure may also lead to cerebral palsy development. While many of these risk factors are difficult to recognize and manage, several of them are easily identifiable by medical professionals if careful examination and preventive measures are performed during pregnancy or after childbirth.

If your child suffers from cerebral palsy symptoms and you have reason to believe that it is caused by a medical error or failure to take action during pregnancy or after birth, then you should consider getting advice from a professional New York City medical malpractice attorney. Don't hesitate to call us, and find out how a medical malpractice legal expert can help your case.

Earlier today another Toyota mini-van rolled over several times on the George Washington Bridge (GWB) causing the death of the female driver, Patricia Salcedo, 32, of New York City. Accident investigators have not yet determined what caused the Toyota mini-van to flip; however, according to officials, Ms Salcedo was heading westbound on the bridge in the Toyota minivan when it flipped.

Per a recent study, over 10,000 people are killed yearly as occupants in light vehicle rollovers, including 8,345 killed in single-vehicle rollovers. Eighty percent of the people who died in single-vehicle rollovers were not using a seat belt, and 64 percent were ejected from the vehicle (including 53 percent who were completely ejected). The study further shows that 55 percent of light vehicle occupant fatalities in single-vehicle crashes involved rollover. The proportion differs greatly by vehicle type: 46 percent of passenger car occupant fatalities in single-vehicle crashes involved rollover, compared to 63 percent for pickup trucks, 60 percent for vans, and 78 percent for sport utility vehicles (SUVs).

According to a New York vehicle rollover accident attorney, SUVs and minivans are perhaps the most unsafe vehicles on the road and they are prone to roll over because of their higher center of gravity and narrow wheelbase.

Lately bus accident incidents have been making the newspaper headlines and main story on television. Not that bus accidents are just starting to happen; however, the deadly New York tour bus crash on I-95 in the Bronx brought the issue to a national audience. As you may remember, said accident occurred on March 12, 2011 when a tour bus carrying 31 passengers on their way from a casino outing at Mohegan Sun in Connecticut crashed killing 15 passengers and severely injuring several others.

In wake of the spotlight on tour bus accidents in New York State and around the country, NY Governor Cuomo ordered random roadside checks of buses on New York roads. Per the Governor, "...bus drivers who don't follow the rules as well as buses that are unsafe must be taken off the road so that New Yorkers can have confidence in the safety of the public transportation system." The crackdown by the Governor led to numerous bus drivers and buses being taken off New York roads. One would think that with the increased press on the Bronx bus tragedy, operators would heighten their own inspection of their buses and make sure that drivers satisfied all the necessary requirements to operate these buses. However, as the random roadside checks found, defective buses were still in operation. Plus drivers without the proper licenses were still operating these buses. For example, one such random check found a bus from Pennsylvania that had bad brakes, leak in the brake hose among other safety violations which could have resulted in another deadly crash. Incredibly, the bus driver did not have a commercial license which is required to operate such a vehicle.

In additional to random checks by police and department of transportation inspectors, New York State has taken an additional step to reduce to number of bus accidents on New York roads and highways. The NY state senate recently passed a bill that requires criminal background checks, including fingerprinting, on all newly hired bus drivers. Bus drivers who currently have a commercial license would need to submit to the criminal background check once their commercial licenses comes up for renewal. This requirement is already in force for school bus drivers. Per the bill's sponsor, "bus drivers literally hold their passengers' lives and safety in their hands. Those passengers should be able to trust that the driver is qualified to handle that responsibility." According to an experienced New York bus accident lawyer, the new law should make New York roads safer and reduce bus accidents which may cause serious bodily injury and even death.

One of the latest debates being held in Albany New York is whether there should be monetary limits on pain and suffering awards for medical malpractice lawsuits in New York State. What if someone who is dear to you is the victim and whose health and life is destroyed by the negligence or misconduct of a hospital's medical staff or doctor? What if it is you? Does it make you uneasy that the legislature in Albany is presently debating a bill in support of an award of $250,000.00 as being the maximum compensation for pain and suffering in medical malpractice cases? Is it right to set a limit on pain and suffering damages? Who wins and who loses?

The possibility of this major change is the result of Governor Cuomo's Medicaid Redesign Team whose task is to recommend savings practices and make changes in existing programs in order to meet the guidelines for the Governor' Medicaid expenditures cutoff amount of about $15.1 billion. Supporters of the $250,000.00 cap on medical malpractice pain and suffering claims express enthusiasm over being able to save a considerable amount on malpractice insurance premiums and of course reduce Medicaid related expenses. Naturally, most New York plaintiff medical malpractice attorneys are against the proposed changes to the law.

Another opinion on the matter illustrates how a medical institution could be instrumental in the mitigation of medical malpractice lawsuits by creating a system that protects the patients, hospital administration and medical team. A supporter of such a system is Dr. Amos Grunebaum who touts praise for the initiative taken by New York Presbyterian Hospital/Weill Cornell in their implementation of an extensive obstetrics safety program. Details of the program implemented by said hospital are found in Dr. Amos Grunebaum's report published in the February issue of the American Journal of Obstetrics & Gynecology. Dr. Grunebaum's point of view places emphasis on said hospital's proactive measures taken to provide medical staff with a protocol aiming to saves lives in life threatening hospital situations, set a foundation for the safety of patients, create accountability and medical team cohesiveness by replacing written records with a computerized patient care log, and to employ a solution that addresses the precarious nature of a doctor's excessive work hours and how it may adversely affect patient care. While those measures may require the hospital to incur an expense to instate the procedures and hire necessary staff the long term benefits outweigh the initial cost.

Finally another unintended outcome of this proposal if it is effectuated in New York State's legislature is the further denigration of health care provided by underfunded and overextended medical facilities. According to a New York medical malpractice lawyer, "if hospitals and doctors provide services with the knowledge that their liability for pain and suffering is capped at $250,000.00 then it might create an environment where procedures are not handled with the utmost care thereby endangering the quality of treatment and resulting in irreparable and irrecoverable medical injury to the most defenseless citizens."

Pregnancy for an expecting woman is generally a time for joyous thoughts, reflection, preparation and nervous elation in anticipation of the delivery date. For many expecting mothers the day of delivery reveals a perfectly healthy baby ready to live in a non-amniotic world. Unfortunately some women face a delicate situation where delivery complications lead to conditions such as cerebral palsy. It is possible that some of these women with a newborn or child who has cerebral palsy may be able to sue for damages with representation by an experienced medical malpractice attorney.

What Is Cerebral Palsy?
According to the National Institute of Neurological Disorders and Stroke (NINDS), medical professionals use the term to partially describe various neurological disorders that may be detected at birth or during early childhood and which cause permanent limitations in terms of physical movement and muscle coordination but do not worsen as time progresses. Although the disorder affects movement and muscle coordination, the affected areas are not the result of muscle or nerve malfunction but rather the consequence of abnormalities in the brain. The severity or lack thereof of the cerebral palsy affecting the baby or child depends on how the brain damage occurred and the part of the brain that was damaged. For instance, children with cerebral palsy exhibit different degrees of mobility and impairment whether it is a slight drag to one leg, muscle stiffness in both legs, writhing movements, seizures , delayed speech, and can be as harsh as frequent uncontrollable seizures coupled with severe mental retardation, floppy neck and stiff limbs making it impossible to walk. The preceding symptoms are only a few of the signs that a child with cerebral palsy may manifest.

What Causes Cerebral Palsy?
In some cases the cause may be lack of oxygen to the brain at birth. According to NINDS there are some instances where the disorder commences after birth and could be attributed to brain damage in the first few months or years of life caused by, "brain infection, injury to the head from a vehicular accident, fall or child abuse." In the majority of cases, it is the result of injury to specific areas of the brain whether the culprits are genetic deviations, damage to the fetus or maternal infections or fevers to name a few. The damage may be in the form of injury to the white brain matter, abnormal development of the brain, bleeding of the brain, or harm to the cerebral motor cortex and other areas of the brain.

How Can I Protect Myself? What Are the Risk Factors? Was There Carelessness or Error By The Doctor Or Hospital Staff Which Caused My Child's Birth Injuries?
The following risk factors even if present may not necessarily cause cerebral palsy but special attention should be given to them especially since they pose a risk. By becoming informed you can take precautionary measures or discover that you were not properly advised or given the best medical care by the doctor or medical staff and therefore did not receive the opportunity to mitigate or eliminate a situation conducive to cerebral palsy. Scenarios such as underweight infant, multiple births, infections during pregnancy, premature birth, conflicting blood types, and contamination by toxic substances are some of the circumstances that elevate the risk of the occurrence of cerebral palsy. If you are currently pregnant then you as well as your physician should be paying close attention to the following conditions which may result in birth defects such as cerebral palsy: baby positioned feet first prior to labor, newborn suffering from vascular or respiratory complications while subjected to a difficult delivery, undersized despite gestational age, a poor Apgar score indicates the baby's vitals reflect potential problems, severe untreated jaundice may result in the death of brain cells and an infant afflicted with seizures.

How Do I Know If I Need To Hire A Medical Malpractice Attorney?
The most obvious case in which you should seek the legal advice of a seasoned medical malpractice legal team is one where problems with the delivery resulted in an extended period of lack of oxygen to the newborn's brain. Or perhaps it was error by the medical team for its failure to note the existence of incompatible blood types thereby resulting in a blood reaction that damaged the baby's blood supply and brain function. The reality is that there could be a myriad of possibilities as to whether the cerebral palsy disorder was caused by the mistake or error of the physician or medical team. Therefore, the best course of action to take in a case of possible medical malpractice resulting in cerebral palsy is to consult with a medical malpractice attorney who is highly experienced in cerebral palsy lawsuits.

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We all see the headlines: California child loses limbs after five hours wait in hospital's emergency room; New York woman dies in New York hospital's waiting room; California woman dies in emergency room lobby as 911 refuses to help, and so on. If you are one of those unfortunate individuals who have gone to a hospital's ER, then you have experienced the feeling that your condition will get worse before you see a doctor. According to a New York medical malpractice attorney, "the fact is, most city hospitals are not equipped or staffed to promptly attend to every patient who goes to the emergency room." The below incidents are heartbreaking examples of what may occur when hospitals and doctors fail to promptly respond to patients in the emergency room.

Sacramento Child Loses Limbs After A Five Hour Wait In Hospital Waiting Room

A California couple recently filed a lawsuit alleging that a Sacramento hospital and doctors failed to timely diagnose their infant daughter suffering from Streptococcus A. According to the complaint, the couple took the infant who was suffering from a persistent fever, skin discoloration and weakness to the hospital. While at the hospital, the sick child had to wait in the emergency room for five hours as her condition worsened. The infection and subsequent delay in treating the child caused widespread infection resulting in the amputation of her feet, left hand and part of her right hand. The child has since undergone extensive rehabilitative therapy and will most likely require future therapy and possibly more surgery.

New York Woman Dies In A New York Hospital Waiting Room

Perhaps the most memorable example of a hospital's failure to attend to a patient took place in New York. On June 19, 2008, a woman collapsed and died on the floor of the waiting room at a Brooklyn psychiatric hospital and lay there for more than an hour as employees ignored her. The patient had been waiting for almost twenty-four hours for a bed at this busy hospital and was in line with thirty two other patients who too were waiting for a bed. This disturbing event was captured by a security camera and broadcasted across the nation.

California Woman Dies In An Emergency Room Lobby As 911 Refuses To Help

On May 9th, 2007, Edith Isabel Rodriguez was taken to Martin Luther King Jr. Harbor Hospital. As expected, the emergency room at this inner city hospital was crowded so Ms. Rodriquez waited to be seen by a doctor. While there her condition deteriorated yet none of the doctors or medical staff approached her. Concerned family members and strangers then tried unsuccessfully to alert doctors and medical professionals of Ms. Rodriquez's deteriorating conditions. After some time, family members called 911 for assistance but the 911 operator refused to provide paramedics or an ambulance to take her to another hospital. Sadly, Ms. Rodriguez died of a perforated bowel on the emergency room floor at Martin Luther King Jr. Harbor Hospital.

While the above stories are shocking, such events occur though out the United States daily. According to a New York injury attorney, "yearly, thousands of patients die or suffer needlessly as a result of the failure of hospitals and health care professionals to promptly treat them while in the ER." There are numerous reasons for the unnecessary suffering and sometimes death. But, the main reason seems to be overcrowding and not enough doctors or support staff at hospitals located in poor inner city neighborhoods. Due to severe budget cuts, many inner city hospitals have closed, thereby significantly increasing the case load on the ones that remain open. With the ongoing recession and states' severe budget deficit, it is unlikely that this problem will be resolved any time soon.

In an effort to reduce the high number of accidents caused by distracted drivers, New York State became the first state to make it illegal to talk on a cell phone while driving. The original law was passed almost a decade ago, and since then, many other states have followed New York's lead in banning talking on a cell phone while driving. To make the law more comprehensive, on November 1, 2009, New York State lawmakers passed a bill banning "all drivers from using portable electronic devices, such as cell phones and smart phones, to send text messages or e-mails while driving." The law defined the pertinent terms as: (a) "Portable electronic device" shall mean any hand-held mobile telephone, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device. (b) "Using" shall mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, or other electronic data.

To further crack-down on distracted drivers, New York State again took the lead in punishing drivers who talk on a cell phone while driving. Effective February 16th, 2011, in addition to the monetary fine and ticket, drivers caught talking on their cell phone while driving will have two (2) points added to their driving record. As we all know, points on one' license will lead to higher insurance premium. In additional to the increased insurance premium, an accumulation of eleven points over an eighteen month period may lead to the eventual suspension of the offending driver's license. This is in line with a similar law which imposes two (2) points against the driving record of drivers who are caught texting while driving. According to a New York car accident lawyer, "the new law will help to reduce the amount of motor vehicle accidents caused by drivers who are distracted by cell phone conversations while driving."

Most New York injury attorneys would agree that the addition of points is a good idea in deterring drivers who drive and talk on their cell phone. Prior to the new law, you often see people driving and talking on the phone even though there was an existing law where the offender could be fined and ticketed. The fine and ticket alone wasn't much of a deterrent for people who habitually engage in such activity which has been proven to cause serious accidents some resulting in death. The fact is; distracted drivers are more likely to cause accidents resulting in serious bodily injuries and even death. As a New York motor vehicle accident lawyer puts it, "the two (2) points to the license will not stop everyone from driving and talking on their cell phone but it will make some offenders think twice about engaging in such a dangerous practice."

We have all experienced driving along a highway and approaching a tractor trailer carrying what appears to be an unsafe or unsecured load. If you have not, then drive along I-95 in the Bronx, New York or I-285 in Georgia on any day of the week and this will be a very common sight. The most common sight is the flatbed tractor trailer carrying huge rolls of cylinder pipes or aluminum. Another frightening sight is a flatbed tractor trailer carrying huge pieces of wood or lumber. Yet another common occurrence is that of a big rig carrying construction materials or equipment that are not properly secured or fastened. According to a local tractor trailer accident attorney, "truck accidents can be caused from unsecured or unsafe cargo on trucks or tractor trailers."

Normally, as we approach these trucks on the highway we all have the same thought; the cargo seems unsafe or unsecured!! What if the straps holding the load should break? What if the straps holding the load are not fastened correctly? What if the truck needs to stop suddenly, will the cargo rollover on me? If you are like most people, you nervously speed past the truck or tractor trailer and breathe a sigh of relief once you have safely passed. You then feel silly for acting "paranoid."

Drivers should not feel silly for the anxiety that they may feel whenever they pass tractor trailers with unsafe or improperly secured loads. As a matter of fact, several individuals are injured or killed every year in New York as a result of accidents caused by unsafe or unsecured cargo falling off trucks or tractor trailers. Even a cautious driver is limited in his or her ability to avoid an accident if the straps holding the load on a tractor trailer should break. Chances are that the falling cargo will roll off unto the adjacent vehicles. If you are lucky enough to avoid being hit directly by the falling cargo you will most likely be involved in an accident with the vehicles closest to you. According to a good New York truck accident lawyer, "it is almost impossible to avoid an accident if you are driving next to a truck or tractor trailer when its load falls."

Recently while driving north on I-85 in Georgia, I was amazed by the amount of large trucks and tractor trailers on the highway. Even though most of the highways in Georgia are at least five (5) lanes wide, those trucks dominated the roadway for much of my drive. To be fair, most New Yorkers would feel the same way about the amount of large trucks and tractor trailers on I-95 in the Bronx, especially at the end of the month. And, unlike Georgia where the highways are five to seven (5-7) lanes wide, most parts of the I-95 in the Bronx are two to three lanes wide. So driving beside one of these trucks or tractor trailers on I-95 in the Bronx can be scary leaving the driver to do his or her best to avoid an accident with a truck. According to an experienced New York truck accident lawyer, you should drive carefully whenever you are driving close to trucks or tractor trailers on any roadway whether in New York, California, Florida, Pennsylvania or Georgia.

Did you know that someone is injured or killed in a truck accident every 16 minutes? According to the United States Department of Transportation, there are approximately 500,000 truck accidents every year in the United States. The percentage of people killed or injured in traffic crashes involving trucks or tractor trailer were, drivers (65 percent), passengers (31 percent), pedestrians (3 percent), and bicyclists (2 percent). Per a recent study, the highest number of truck accidents occurred in California, Texas, Florida, Georgia, and Pennsylvania. Another study found that 68% of truck accidents occurred in rural areas with 68% occurring during the day time and 78% occurring on the weekends.

The most common causes of tractor trailer accidents are:

• dangerous or reckless driving
• mechanical failure
• truck driver inattention/distraction
• truck driver following too closely
• failure to yield right of way
• unsafe lane changes
• unsafe speed
• oversized load
• oversized vehicle
• defective brakes
• brake failure
• slippery road or pavement
• lack of training
• poor driving conditions
• driver fatigue
• running off the road
• driving under the influence of drugs and/or alcohol

According to a good New York tractor trailer accident attorney, irrespective of the state you are driving in; use extreme caution whenever you encounter a large truck or tractor trailer on the highway.

A few days ago while was driving on the Long Expressway, I noticed that the driver before me was driving erratically. Said driver kept driving his car over the lines. Most experienced drivers are able to spot drivers who are distracted. Even though illegal in New York City, the typical NYC driver is usually distracted from talking on the phone or texting while driving. Since I knew that the driver was distracted, I decided to stay behind his car until he gets off the phone. After sometime behind this driver I noticed that he was reducing speed and still driving erratically. Noticing this, I decided to pass him. As I passed the car, I quickly glanced over to see what was the cause of the distraction. To my surprise, the driver had a tray on the driver seat with breakfast and what appears to be a hot cup of coffee between his legs. Apparently, he was having breakfast while driving on the Long Island Expressway.

Now, I do understand that we are all busy and usually have very limited time to eat breakfast in the mornings, but, having breakfast while driving on the Long Island Expressway seems not only reckless but outright dangerous. Most experienced New York City car accident lawyers would agree that a high percentage of car accidents in New York City are caused by drivers who are distracted while eating and driving. The number is even higher for drivers who spill hot drinks or food such as coffee, tea or soup. It has been documented that a large percentage of car accidents are caused when some drivers take their eyes off the road to pick up a food item that fell on the floor of the car.

The next time you decide to get food from the drive thru of your favorite restaurant, pull over to safe location and eat. Do not eat while driving on the roadways or highways. A local New York injury attorney agreed that eating while driving is extremely dangerous and may cause an accident resulting in seriously bodily injuries and even death of innocent third parties and/or the driver.

You are not feeling well so you schedule an appointment with your primary care physician. Said doctor runs some tests and gives you the prescription to fill at your local pharmacy. If you are like most people, you look at the writing on the piece of paper and wonder if the pharmacist will be able read the doctor's hand writing and give you the correct medication. You think to yourself, I am smart, but I cannot read this. Then your mind starts to wonder. What if the pharmacist really cannot decipher the doctor's handwriting on the prescription! What if the pharmacist gives me the wrong medication! What if the pharmacist gives me incorrect dosage of the prescription! What if...!!!!

According to a New York injury attorney, the above scenario is all too real for thousands of people across the United States. The fact is medication mistakes do occur. These errors can happen when you are a patient in the hospital, when you get prescriptions filled at your local pharmacy, mail order pharmacy, on-line pharmacy, or even when you take your medicines in your own home. While some medication errors do not cause permanent injury or damage to the patient, a vast majority of patients do experience severe illness, medical complications and even death. A recent study estimated that medication error occurs in approximately 5% of patients admitted into hospitals yearly. Furthermore, approximately 100,000 individuals die each year as a result of medication error.

There are many reasons for nurse or pharmacy medication errors. Some of the common reasons are: poor physician communication of needed medication (includes situations where the doctor's medication orders were not legible or communicated clearly); confusion between drugs with similar names; poor or improper labeling and packaging of medication; improper use of abbreviations; incomplete patient medical history (not knowing patient's allergies, other medications being taken by said patient); fatigue or overworked nurse or pharmacist; distracted nurse or pharmacist; wrong medication given to patient; packaging multiple medications in similar packages.

Medication errors and pharmacist mistakes will occur; however, there are precaution that you can do to lessen your chances of being injured by medication error or pharmacist mistake. Some suggestions are: tell your health care provider of ALL the drugs that you are currently taking; make sure that the nurse checks your chart before administering any kind of medication; have your health care professional explain the benefits and potential side effects of your medication. If you are elderly, have the health care professional explain the medication to your family member as well. Constantly remind your doctor, nurse or pharmacist of your known allergies. Never chew, crush, break or mix the tablet or capsule in fluid. Check the dates on your medication and do not take expired medication. Have your doctor or pharmacist review all your medications for potential conflicts. Only use the measuring device that comes with liquid medication. If possible try to get all your medication from the same pharmacy.

If you have been injured as a result of medication error by your pharmacist or nurse immediately contact a New York medical malpractice attorney who can explain your rights.

I left Georgia at 5am today determined to make it on time to the airport for my 7am flight back to New York City. As I walked out of the hotel, I immediately realized that the drive to the airport would be very dangerous. I needed to drive a quarter mile from the hotel to highway 285 and from highway 285 unto the Georgia 400. The road leaving from the driveway was covered in "black ice" and extremely slippery. Nevertheless, since I am a New Yorker I was confident that the 4 x 4 and I could handle whatever Mother Nature had to offer. However, once I got onto the Georgia 400, I immediately realized my worst fear, that driving to the airport would be treacherous. At 5am, the GA 400 was littered with crashed vehicles. As I carefully drove passed the many accident vehicles on the GA 400, I was surprised that none of many accidents involved a tractor trailer or heavy truck. My biggest fear was that a tractor trailer would make contact with ice on the highway, lose control and cause an accident involving serious bodily injuries.

This exact event unfolded before me recently while I was driving on the New Jersey Turnpike in New Jersey. The car driver in that accident cut across several lanes immediately before the tractor forcing the tractor driver to break suddenly. The sudden breaking caused the tractor trailer to "jack knife" thereby pinning the car underneath it. The car driver who was involved in that New Jersey Turnpike tractor trailer accident was severely injured.

Accidents involving tractor trailers usually result in seriously bodily injuries or even death to the occupant(s) of the other vehicles, usually a car. Most people seem to think that the size and weight of the tractor trailer will prevent it from losing control on slippery roads. That presumption is wrong. Most experienced New York truck accident attorneys would agree that any vehicle, including tractor trailers and heavy trucks, can lose control on ice if not operated carefully.

I finally made it to the airport on time. As I sat in the waiting area for my section of the plane to board, I noticed the news on the television. The reporter was interviewing several tractor drivers and there were many tractors and big trucks parked in the background. According to one tractor driver, because of the ice on the road, all tractor drivers pulled off the highways and parked in rest stops and along the side of the road. According to a local New York accident lawyer, we should applaud all tractor trailer drivers who decided not to drive in such dangerous conditions thereby potentially saving the lives of other commuters on the icy, slippery and treacherous roads and highways.