Medical Malpractice Lawyers in New York

We know that insurance companies do not make their money by paying claims to their policy holders. There is a deep opposition in the interests of the company and those of the insured. Insurance companies make their money by investing dollars paid to them as premiums.

Their adjusters are trained to be courteous and pleasant, but to make low-ball offers – after an auto accident, for instance. They will make that offer fairly quickly in hopes that you’ll accept it and end the matter. That way they can invest the money they would otherwise have paid you to cover the full cost of your medical bills or vehicle damage. Now their profit margin looks that much healthier and their shareholders are happy.

None of this is illegal – it’s just the way a business has to operate to make a profit – that is, keep costs low and income high.

On the other side of things are policy holders who may have a totaled vehicle and long-term medical bills, and insufficient money to deal with it.

The Genetic Information Nondiscrimination Act

This month, Congress is passing a bill which would prohibit health insurance companies from denying benefits or raising premiums based on a policy holder’s genetic information. When medical research is done on diseases, it is often found that people of a certain heritage or background are more likely to suffer that disease. Examples are that caucasians are said to be more likely to have skin cancer, and people of Hawaiian or Mexican descent are said to be more likely to become diabetic.

Insurance companies study such statistics and try to minimize future costs by minimizing their coverage for those people and those health conditions.

The Genetic Information Nondiscrimination Act is designed to prevent such discrimination based on genetic tests, although it does not prohibit companies from urging patients to take those tests. The goal is not to deny coverage but to help find the best and least costly therapy.

This Act applies also to employers who use genetic data in hiring, firing, or compensation decisions. It sets fines for such behavior, going as high as $300,000 per violation. However, it does not address discrimination by life insurers or long-term care insurers.

The Act is not yet signed by President Bush, although it is believed that he will sign it. It would not take effect until after 18 months from that date.

If you feel that you have been denied coverage or had your insurance premium raised because of what is considered to be your racial profile, please call or email us for a free consultation.

In April this year, the Federation of State Medical Boards issued a report for 2007. There are over 65,000 physicians practicing in New York, and of those, 1,400 (about two percent) were monitored for:

• Drug or alcohol abuse;
• Mental health concerns; or
• Professional conduct

Because of previous medical mistakes or patient complaints, about 60 percent of those 1,400 were placed on a watch list for monitoring their professional conduct. The other 40 percent were in New York’s physicians impairment program because of mental health problems, substance abuse, or a behavior or anger management issue.

Doctors are monitored for either three of five years, depending on what the problem is.

• There may be another specialist present when the doctor performs certain procedures
• Monitors may appear unannounced to review records or visit the doctor
• There may be a chaperone with the doctor if sexual abuse is the problem
• For those doctors with substance abuse problems, there are “therapy monitors” who make sure the doctor is staying with their recovery plan and are in a fit state to practice medicine.

New York has a higher percentage of doctors being monitored or treated than many other states. But it also has a lower standard of proof for backing up complaints and taking action against the doctors. Some states such as Florida and Virginia require clear and convincing evidence. But New York requires only a preponderance of evidence.

That would make it hard to compare New York’s physician behavior with that of doctors in other states, as a “preponderance of evidence” is easier to establish than “clear and convincing evidence”.

Some cases not available to the public

Most cases of a doctor having a drug or alcohol abuse problem remain confidential and inaccessible to the public. So there is no way for a patient to learn whether his or her doctor has such a problem.

Physicians would prefer that those cases are not open to the public, because that would discourage doctors from going for treatment. On the other side of the controversy, Blair Horner, the legislative director of the New York Public Interest Research Group, has argued that patients should be able to discover such information about their doctors, since there could be unacceptable risk, even a life-threatening risk, for someone who has a doctor with behavioral or substance abuse problems.

If your physician has had any legal action taken against him or her, you can read about it at New York state’s Physician Profile website. If you have been inappropriately treated by your doctor, or abused in any way, you may have a valid claim for medical malpractice. Please contact us to schedule a free consultation.

A New York food company, Gourmet Boutique, is recalling 143 tons of poultry and meat products, found to be possibly contaminated with the Listeria monocytogenes bacterium. Florida agricultural officials and federal food safety inspectors found the problem, and Gourmet Boutique is voluntarily recalling specific products. They are listed on the USDA website, along with recommendations for what to do if you think you may have ingested any of these products.

There are so far no reports of any illness resulting from ingestion of these products. The Listeria monocytogenes bacterium causes Listeriosis, a bacterial infection. It is a rare condition and during 2004 and 2005, occurred only about 3 times per million people in the U.S. About 30% of those cases occurred in pregnant women, and the remaining 70% occurred in people whose immune system was compromised, such as:

• HIV or AIDS sufferers
• Those with a blood cancer
• Chemotherapy patients
• Elderly people
• Some who have a hereditary condition

Listeriosis Symptoms

The Listeria monocytogenes bacterium usually enters the body through ingested food. In the past it has been found in seafood, vegetables and dairy products, besides poultry and meat. After one or two days, the symptoms appearing would be:

• Diarrhea
• Nausea
• Headaches
• Fever
• Sore muscles
• Confusion
• Trouble with balance
• Convulsions

If you suspect you may have used any of the contaminated products, do not delay in seeing your doctor. Antibiotics are used for treating Listeriosis – most often ampicillin or gentamicin or both. Please also feel free to call or email us for a free consultation. We would be glad to give you information about your legal rights and options.

Of all possible causes for personal injury claims, car accidents are the most frequent. Whether you’re the driver, a passenger, a motorcyclist, bicyclist or pedestrian, you can be hurt by an automobile. It makes sense when you think of how most people drive to and from work everyday and how those who stay home still drive to do errands. Almost everybody is on the road most days.

If you are injured in an auto accident, some of the claims you might be able to bring would be:

• Against the driver responsible and/or his insurance company – for your medical costs, lost wages, and pain and suffering
• Against the vehicle manufacturer for a possible defect in the vehicle, either yours or the responsible driver’s vehicle
• Against the City or County for poor road maintenance, signage, or lighting
• Against a bus company if a bus driver was responsible or partly responsible

In car accidents which cause what are considered severe or serious injuries – brain, neck or spinal cord injuries, or severe burns – you may sustain a permanent disfigurement or disability. You may need living assistance from then on. That means very high medical bills and ongoing costs for things like physical therapy, occupational therapy, speech therapy etc. Who should pay for that? What if the negligent driver is uninsured, or under-insured?

Help Your Auto Accident Attorney to Help You

For those situations, legal help is invaluable. It will help your auto accident lawyer if you can supply copies of medical records, bills, and contact information for others involved in the accident. Why not keep a disposable camera in the car so that you can take photos at the scene of the accident? Photos of vehicle damage, relative positions of vehicles, road conditions, and personal injury taken at the time of the accident could be central in winning you the compensation you deserve. Even if you have no camera, you could jot down some notes at the time, if you aren’t too injured. They could be enormously useful.

Keep in mind that insurance companies do not make their money by paying out claims to their customers. They make it by investing the money they receive in premiums. Insurance adjusters are trained to be pleasant, but to make lowball offers in hopes that the traumatized accident victim will accept them without getting any legal advice. Before you sign anything for an insurance adjuster, or accept any offer, please contact us here for a free case evaluation. Why throw away the comfort of a fair and just monetary compensation?

The Gesner family knew nothing of the land’s history when they bought their nice house at Manchester-By-The-Sea in Massachusetts. Not until they tried to sell it did they discover that it had apparently been built on an old dump. So they had the soil tested and found that it contains several heavy metals such as mercury, arsenic, cadmium and chromium, all within four inches of the surface. Testing also revealed that the lead content is about six times the EPA’s limit for children and pregnant women.

Julie Gesner was pregnant

So the family moved out immediately. During their subsequent investigations, they found a letter dated november 2000, written from the Board of Health to the builder. It ordered the builder to stop construction on that house. They could find no follow-up to that letter.

The town administrator, one Wayne Melville, has said he was unaware of this letter until April 18 of this year, when it was brought to his attention. He states that there is no evidence that the land was ever a dump or a landfill. The site is 1.3 acres and apparently there are some old records that indicate a dump did operate there in the 1950s.

The Gesner family considers that the town should have informed them of the fact that their house was on a previous dump, if in fact this is true. The broker who sold them the house mentioned at the time that he had heard a rumor that it was built on a dump. But the Gesners knew no more than that, and went ahead and bought the house.

Now they can neither live in it nor sell it

The EPA has ordered the town of Manchester-By-The-Sea to either explain how it plans to clean up the site, or prove that it is not responsible.

When we buy a house, it’s an emotional event, and sometimes an urgent one if we have our old house in escrow already. People often become attached to a house before they actually own it, and may disregard vague rumors rather than pushing for more information.

If you have sustained financial or other injury through somebody else’s negligence, please feel free to contact us. In a free consultation, we can listen to you and start to determine whether you might have a valid legal claim.