Medical Records are Private and Protected We frequently hear from clients whose doctors refuse to provide them with copies of their own medical records. In other cases we hear from clients whose records have been disclosed to other persons without their knowledge and consent. As a patient, it is important to know your rights both [...]
It's named after a woman, Lavern Wilkinson, who died in 2013 of treatable lung cancer. Her radiologist noticed a suspicious mass in 2010, but Lavern was never told. When she went back more than 2½ later for a chronic cough, she was told she had cancer, that it had spread, and that it was terminal.
THE “EGG SHELL” PLAINTIFF Aggravation/Exacerbation vs. Precipitation Victor, a laborer at a construction site, was hammering a nail into concrete. When he hit the nail it rebounded and struck him in the left eye. Victor lost the sight of that eye. But here’s the twist – because of a childhood disease, Victor had no useful [...]
DRAM SHOP CIVIL LIABILITY Americans love their alcohol in all its destructive glory. The United States Center for Disease Control reports that 50% of American adults consider themselves regular drinkers. In 2016 alone, there were 10,497 people who died in alcohol-impaired driving crashes, according to a National Highway Traffic Safety Administration report published in October [...]
Despite dogs being man’s best friend, many people are justified in being wary around dogs they are not familiar with. The World Health Organization estimates approximately 4.5 million Americans are bitten by dogs every year. Perhaps most concerning is that children make up the largest percentage of dog bite victims. Animal bites can result in [...]
Rt v Three Vil. Cent. Sch. Dist. (2017 NY Slip Op 06207) The plaintiff “RT” (hereinafter the infant plaintiff) allegedly was assaulted by a classmate during a class at a public school within the defendant, Three Village Central School District. The classmate allegedly grabbed the infant plaintiff by the back of his head and pushed [...]
Construction injuries can be the result of a lack of safety equipment such as hardhats, protective goggles, face shields, debris nets, and protective guards on tools and machinery. Improper use of tools and equipment as well as lack of training can also cause injuries.
Should a witness for trial ignore your subpoena, the only avenue to compel obedience is by making an application pursuant to CPLR 2308. Failure to comply with the subpoena is treated as a contempt of court.