Botched births can lead to Erb's Palsy, a condition when nerves are pulled and cause the hand, arm, shoulder and face to be hurt. Erb's Palsy is often caused by the use of to much force or poor traction on the baby's neck or head during birth. This should not happen with proper medical care, and you may be able to bring a lawsuit against the doctor(s) who caused this severe medical problem.
Erb's Palsy will have characteristics such as a limp arm, delayed healing of skin on the affected arm, loss of dexterity in the affected hand, loss of motor function in the affected arm, loss of sensation (from tingling to numbness) in the affected arm, underdeveloped arm muscles and bones (which generally makes the affected arm significantly smaller than the unaffected arm, if only one arm suffers Erb's Palsy). In some cases, a baby affected by Erb's Palsy will only face his/her good side, and is unable to face forward for a period of time. Because Erb’s palsy is caused by an injury at birth, it is almost immediately apparent. However, the extent of the injury may not be known for some months after the baby’s birth.
Erb's Palsy may resolve itself if it is not severe. In some cases, physical therapy will be needed, and rarely, exploratory surgery may be recommended. Because nerves recover slowly, it may take months or years for the nerves to repair themselves. Many children will continue to have weakness in their shoulder, arm or hand. If the affected arm is smaller because of disuse, the size difference will most likely be permanent.
If you notice any of the above, please reach out to Ted Novick, Esq. tnovick@ggpnllp.com or at 914-288-9595.
Saturday, December 26, 2009
Tuesday, November 3, 2009
Fairbank Farms of Ashville, NY, is voluntarily recalling approximately 500,000 pounds of ground beef that might be contaminated with E. coli, the USDA stated today. This is a health hazard situation where there is a reasonable probability that the use of the product will cause serious, adverse health consequences or death.
The recalled ground beef was produced September 14th to 16th, 2009 and sold in New York, Massachusetts, New Jersey, North Carolina, Connecticut, Maryland, Pennsylvania and Virginia. The recalled beef is past its expiration date by 23 to 32 days. "We are urging consumers to check their freezers for ground beef products that are listed in the recall. Consumers who identify these products should return them to the point of purchase for a full refund," said Ron Allen, CEO of Fairbank Farms.
FSIS, along with the Centers for Disease Control and Prevention (CDC) and state health and agriculture departments, determined during an investigation that there is an association between the beef products subject to recall and illnesses in Massachusetts, Connecticut and Maine.
To identify recalled products, consumers should check the package label for product name, package weight and sell-by date. All labels will show an establishment number of EST 492 inside the USDA mark of inspection. Recalled products include:
ACME
BJ's Wholesale Club
Ford Brothers
Giant Food Stores
Price Chopper
Shaw's Supermarkets, Inc.
Trader Joe's
Other products
· Cases of 10-lb. Fairbank Farms fresh ground beef chubs (for store grind). These products had a sell date of 10/3/09, 10/4/09 or 10/5/09, but will likely not bear those sell-by dates on their package labels. These products were distributed to retail establishments in Maryland, Massachusetts, North Carolina, New Jersey, New York, Pennsylvania, and Virginia for further processing. Consumers with concerns should contact their point of purchase.
E. coli O157:H7 is a potentially deadly bacterium that can cause bloody diarrhea, dehydration, and in the most severe cases, kidney failure. The very young, seniors and persons with weak immune systems are the most susceptible to food borne illness. Anyone with signs or symptoms of food borne illness should consult a physician.
When a product causes serious injury or death, it is important to contact a personal injury attorney who has experience in handling product liability cases. Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. Call Ted Novick, Esq. @ Gaines, Gruner, Ponzini & Novick, LLP @ 914-288-9595 for a free consultation.
The recalled ground beef was produced September 14th to 16th, 2009 and sold in New York, Massachusetts, New Jersey, North Carolina, Connecticut, Maryland, Pennsylvania and Virginia. The recalled beef is past its expiration date by 23 to 32 days. "We are urging consumers to check their freezers for ground beef products that are listed in the recall. Consumers who identify these products should return them to the point of purchase for a full refund," said Ron Allen, CEO of Fairbank Farms.
FSIS, along with the Centers for Disease Control and Prevention (CDC) and state health and agriculture departments, determined during an investigation that there is an association between the beef products subject to recall and illnesses in Massachusetts, Connecticut and Maine.
To identify recalled products, consumers should check the package label for product name, package weight and sell-by date. All labels will show an establishment number of EST 492 inside the USDA mark of inspection. Recalled products include:
ACME
BJ's Wholesale Club
Ford Brothers
Giant Food Stores
Price Chopper
Shaw's Supermarkets, Inc.
Trader Joe's
Other products
· Cases of 10-lb. Fairbank Farms fresh ground beef chubs (for store grind). These products had a sell date of 10/3/09, 10/4/09 or 10/5/09, but will likely not bear those sell-by dates on their package labels. These products were distributed to retail establishments in Maryland, Massachusetts, North Carolina, New Jersey, New York, Pennsylvania, and Virginia for further processing. Consumers with concerns should contact their point of purchase.
E. coli O157:H7 is a potentially deadly bacterium that can cause bloody diarrhea, dehydration, and in the most severe cases, kidney failure. The very young, seniors and persons with weak immune systems are the most susceptible to food borne illness. Anyone with signs or symptoms of food borne illness should consult a physician.
When a product causes serious injury or death, it is important to contact a personal injury attorney who has experience in handling product liability cases. Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. Call Ted Novick, Esq. @ Gaines, Gruner, Ponzini & Novick, LLP @ 914-288-9595 for a free consultation.
Wednesday, October 21, 2009
Plum OrganicsTM has voluntarily recalled its Apple & Carrot Baby Food in Portable Pouches marked with the following UPC #890180001221 located on the bottom of the package. These pouches are sold individually at Toys-R-Us and Babies-R-Us locations nationally. No illnesses have been reported in connection with this product and no other Plum Organics products are affected.
The U.S. Food and Drug Administration (FDA) website has posted a Plum Organics press release that states the recall was undertaken as a precaution due to the risk of potential contamination with Clostridium botulinum, which can cause botulism, a serious and sometimes life-threatening condition.
The FDA website says food borne botulism symptoms generally begin 18 to 36 hours after eating a contaminated food, but they can occur as early as 6 hours or as late as 10 days. The classic symptoms of botulism include double vision, blurred vision, drooping eyelids, slurred speech, difficulty swallowing, dry mouth, and muscle weakness. Infants with botulism appear lethargic, feed poorly, are constipated, and have a weak cry and poor muscle tone. These are all symptoms of the muscle paralysis caused by the bacterial toxin. If untreated, these symptoms may progress to cause paralysis of the arms, legs, trunk and respiratory muscles.
In a letter released today on the Plum Organics website, the company states it investigated when a routine test determined the formulation was incorrect and that Plum Organics has, "confirmed that a mixing error was to blame which resulted in an improper blend of carrots and apples." The letter does not say the recall is due to possible contamination, nor does it warn of illness that may result from consumption of the product. The Toys-R-Us website does not list Plum OrganicsTM Apple & Carrot Baby Food in Portable Pouches in its list of recalled products.
When a product causes serious injury or death, it is important to contact a personal injury attorney who has experience in handling product liability cases. Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. Call Ted Novick, Esq., a partner in the firm Gaines, Gruner, Ponzini & Novick, LLP @ 1-914-288-9595 to discuss your case and determine if you are entitled to compensation for your injuries. Or, check out the website @ www.ggpnllp.com
The U.S. Food and Drug Administration (FDA) website has posted a Plum Organics press release that states the recall was undertaken as a precaution due to the risk of potential contamination with Clostridium botulinum, which can cause botulism, a serious and sometimes life-threatening condition.
The FDA website says food borne botulism symptoms generally begin 18 to 36 hours after eating a contaminated food, but they can occur as early as 6 hours or as late as 10 days. The classic symptoms of botulism include double vision, blurred vision, drooping eyelids, slurred speech, difficulty swallowing, dry mouth, and muscle weakness. Infants with botulism appear lethargic, feed poorly, are constipated, and have a weak cry and poor muscle tone. These are all symptoms of the muscle paralysis caused by the bacterial toxin. If untreated, these symptoms may progress to cause paralysis of the arms, legs, trunk and respiratory muscles.
In a letter released today on the Plum Organics website, the company states it investigated when a routine test determined the formulation was incorrect and that Plum Organics has, "confirmed that a mixing error was to blame which resulted in an improper blend of carrots and apples." The letter does not say the recall is due to possible contamination, nor does it warn of illness that may result from consumption of the product. The Toys-R-Us website does not list Plum OrganicsTM Apple & Carrot Baby Food in Portable Pouches in its list of recalled products.
When a product causes serious injury or death, it is important to contact a personal injury attorney who has experience in handling product liability cases. Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. Call Ted Novick, Esq., a partner in the firm Gaines, Gruner, Ponzini & Novick, LLP @ 1-914-288-9595 to discuss your case and determine if you are entitled to compensation for your injuries. Or, check out the website @ www.ggpnllp.com
Johnson & Johnson is recalling some children's and infant's Tylenol because of the possibility of contamination by bacteria. The affected lots were manufactured in April and June of 2008. There are 21 different versions of the pain and fever medication and 57 different lot numbers. Some include Infant's Tylenol Grape Suspension Drops, Children's Tylenol Grape Suspension and Children's Tylenol Plus Cold and Allergy in Bubble Gum flavor.
Johnson & Johnson Company, sent a letter on September 18, 2009, voluntarily recalling the product. It was found that one of the inactive ingredients in the children's Tylenol products did not meet the required internal tests and the bacteria called B. cepacia was found in a part of the raw materials that were not used in the final product.
Here is a list of the recalled Tylenol products:
* Children's Tylenol Suspension 4.oz in the following flavors: Grape, Strawberry and Bubble Gum
* Children's Tylenol Plus Cold MS Suspension 4 oz. Grape
* Infant's Tylenol Suspension ½ oz Cherry
* Infant's Tylenol Suspension Drops ½ oz. Grape
* Infant's Tylenol Grape Suspension Drops ¼ oz. and 1 oz.
* Children's Tylenol Dye Free Suspension 4 oz. Cherry
* Children's Tylenol Suspension 4 oz. Cherry
* Children's Tylenol Plus Cough & Runny Nose 4 oz. Cherry
* Children's Tylenol Plus Flu 4 oz Bubble Gum
* Children's Tylenol Plus Cold Suspension 4 oz. Grape
* Children's Tylenol Plus Cough/ST Suspension 4 oz. Cherry
* Infant's Tylenol Dye Free Suspension 1 oz. Cherry
* Children's Tylenol Pediatric Suspension 1 oz Cherry
* Infant's Tylenol Suspension Drops 1 oz Cherry
* Children's Tylenol Plus Cold/Allergy 4 oz. Bubble Gum
* Infant's Tylenol Grape Suspension Drops H/G ½ oz
* Infant's Tylenol Drops 1 oz Grape
* Children's Tylenol Suspension 4 oz. Cherry, Hospital Govt.
If you have any of these products you should go to the Johnson & Johnson website and check the full list of lot numbers. You can locate the lot number on the bottom of the box for liquid products as well as on the sticker that is on the bottle.
If you are a parent or a caregiver and you have questions about this product you can contact the company's consumer call center Monday through Friday from 8 am to 8 pm EST at 1-800-962-5357.
Johnson & Johnson Company, sent a letter on September 18, 2009, voluntarily recalling the product. It was found that one of the inactive ingredients in the children's Tylenol products did not meet the required internal tests and the bacteria called B. cepacia was found in a part of the raw materials that were not used in the final product.
Here is a list of the recalled Tylenol products:
* Children's Tylenol Suspension 4.oz in the following flavors: Grape, Strawberry and Bubble Gum
* Children's Tylenol Plus Cold MS Suspension 4 oz. Grape
* Infant's Tylenol Suspension ½ oz Cherry
* Infant's Tylenol Suspension Drops ½ oz. Grape
* Infant's Tylenol Grape Suspension Drops ¼ oz. and 1 oz.
* Children's Tylenol Dye Free Suspension 4 oz. Cherry
* Children's Tylenol Suspension 4 oz. Cherry
* Children's Tylenol Plus Cough & Runny Nose 4 oz. Cherry
* Children's Tylenol Plus Flu 4 oz Bubble Gum
* Children's Tylenol Plus Cold Suspension 4 oz. Grape
* Children's Tylenol Plus Cough/ST Suspension 4 oz. Cherry
* Infant's Tylenol Dye Free Suspension 1 oz. Cherry
* Children's Tylenol Pediatric Suspension 1 oz Cherry
* Infant's Tylenol Suspension Drops 1 oz Cherry
* Children's Tylenol Plus Cold/Allergy 4 oz. Bubble Gum
* Infant's Tylenol Grape Suspension Drops H/G ½ oz
* Infant's Tylenol Drops 1 oz Grape
* Children's Tylenol Suspension 4 oz. Cherry, Hospital Govt.
If you have any of these products you should go to the Johnson & Johnson website and check the full list of lot numbers. You can locate the lot number on the bottom of the box for liquid products as well as on the sticker that is on the bottle.
If you are a parent or a caregiver and you have questions about this product you can contact the company's consumer call center Monday through Friday from 8 am to 8 pm EST at 1-800-962-5357.
nursing home negligence
Nursing homes are obligated to make sure that patients who are bedridden do not get bed sores. Bed sores are dangerous and worsen over time if not cared for properly and often. Patients need to be turned in bed on a frequent basis to prevent bedsores. Nursing homes are often negligent in allowing bedsores to occur and than commit further negligence by not caring for them properly. If bedsores exist the protocol has to be even higher. At Gaines, Gruner, Ponzini & Novick, LLP, we know how serious bedsores can be and we fight for clients to obtain justice. Elderly patients need to be cared for, not ignored. Call Ted A. Novick, Esq., a partner in the firm @ 1-914-288-9595 to discuss your case. The consultation is free. Or check out our website @ ggpnllp.com
Wednesday, October 14, 2009
While on holiday or business trips to New York many people are injured as a result of automobile or trip and fall accidents, as well as medical malpractice. Unfortunately, most people do not know all of their legal rights or who to call in a place far from home.
A person does not have to reside in New York in order to bring a lawsuit for injuries that occurred while visiting New York. In fact, there will be only a few times that an injured person's presence may even be necessary, making the legal process convenient for those who live out of town or in a different country.
Many people find themselves having taxicab, bus, or train accidents, or tripping and falling on broken sidewalks, dangerous streets, construction areas, overhangs, and in buildings. Many workers who come to New York from places outside of the state get injured, keeping them out of work or unemployed. These injuries may cause these people to lose wages and become unable to pay bills or support their families. Others who are using New York hospitals or doctors find they have been injured as a result of medical malpractice.
Further, if a friend or loved one is staying in a New York nursing home, or hospital, despite their residence being outside New York state, they too will have lawsuit and should be compensated for their injuries, such as bedsores, broken bones, medical malpractice, and/or neglect.
Non-residents of New York have legal rights too, and should have the ability to bring a claim against the city, state, or private person if they have been injured. These injured should be able to have an attorney in New York who will get them through the legal process and get them money damages for their injuries, lost wages, lost business, and lost holiday vacation. If you or a loved one has been injured in New York City, call Ted Novick, Esq., to discuss your claim. It makes no difference what city you live in.
The professional team of lawyers at Gaines, Gruner, Ponzini & Novick, LLP will evaluate your situation and determine the next steps to gain justice for you and your family. Gaines, Gruner, Ponzini & Novick, LLP has fought against all kinds of companies and will fight for you if we believe you have a potential case for medical malpractice, products liability, or personal injury. They are prepared to go to court and have a trial if necessary. Please call and ask for Ted Novick, Esq., one of our partners. Please specifically mention that you read the blog when contacting our office. 914-288-9595 or 1-888-907-4LAW or email tnovick@ggpnllp.com.
A person does not have to reside in New York in order to bring a lawsuit for injuries that occurred while visiting New York. In fact, there will be only a few times that an injured person's presence may even be necessary, making the legal process convenient for those who live out of town or in a different country.
Many people find themselves having taxicab, bus, or train accidents, or tripping and falling on broken sidewalks, dangerous streets, construction areas, overhangs, and in buildings. Many workers who come to New York from places outside of the state get injured, keeping them out of work or unemployed. These injuries may cause these people to lose wages and become unable to pay bills or support their families. Others who are using New York hospitals or doctors find they have been injured as a result of medical malpractice.
Further, if a friend or loved one is staying in a New York nursing home, or hospital, despite their residence being outside New York state, they too will have lawsuit and should be compensated for their injuries, such as bedsores, broken bones, medical malpractice, and/or neglect.
Non-residents of New York have legal rights too, and should have the ability to bring a claim against the city, state, or private person if they have been injured. These injured should be able to have an attorney in New York who will get them through the legal process and get them money damages for their injuries, lost wages, lost business, and lost holiday vacation. If you or a loved one has been injured in New York City, call Ted Novick, Esq., to discuss your claim. It makes no difference what city you live in.
The professional team of lawyers at Gaines, Gruner, Ponzini & Novick, LLP will evaluate your situation and determine the next steps to gain justice for you and your family. Gaines, Gruner, Ponzini & Novick, LLP has fought against all kinds of companies and will fight for you if we believe you have a potential case for medical malpractice, products liability, or personal injury. They are prepared to go to court and have a trial if necessary. Please call and ask for Ted Novick, Esq., one of our partners. Please specifically mention that you read the blog when contacting our office. 914-288-9595 or 1-888-907-4LAW or email tnovick@ggpnllp.com.
Wednesday, October 7, 2009
medtronic lead suffers major setback
In a 37 page Federal Court ruling, the people who were injured due to a defective medtronic insulin lead known as the Medtronic Quickset Infusion Set Model MMT 396, 397, 398, etc... suffered a major setback. But the fight is not over. If you or a loved one was injured due to a defective Medtronic lead, call Ted A. Novick, Esq., @ 1-888-907-4LAW or email him at tnovick@ggpnllp.com today. Mr. Novick is a law partner and an attorney that handles tort litigation for Gaines, Gruner, Ponzini & Novick, LLP. The fight is not over. This decision will be appealed. Call today for a free consultation.
Friday, October 2, 2009
ankle fracture
A significant ankle fracture pain and suffering verdict has been reviewed by the New York State Court of Appeals and in its decision this week in Kings County a verdict was reduced from $800,000.00 to $550,000.00. A 69 year old male slipped and fell and broke his ankle and sued the building owner for negligence claiming that the stairs were slippery. The defendant's argued that they were not negligent. The man suffered a trimalleolar fracture and required surgery (open reduction, internal fixation). The jury awarded $800,000.00 and the Court reduced it to $550,000.00.
Each case is different. Each plaintiff is different. Each injury is different.The best guide we can offer is to look at:
1. Plaintiff's age;
2. the credibility of parties and attorneys;
3. whether the doctors for both side agree on the significance of the injury;
4. whether plaintiff needs pain medication;
5. prior surgeries and the need for future surgery; and,
6. lost earnings.
If you want to discuss an ankle injury call Ted Novick, Esq., a partner in the firm at 914-288-9595 or email him @ tnovick@ggpnllp.com
Each case is different. Each plaintiff is different. Each injury is different.The best guide we can offer is to look at:
1. Plaintiff's age;
2. the credibility of parties and attorneys;
3. whether the doctors for both side agree on the significance of the injury;
4. whether plaintiff needs pain medication;
5. prior surgeries and the need for future surgery; and,
6. lost earnings.
If you want to discuss an ankle injury call Ted Novick, Esq., a partner in the firm at 914-288-9595 or email him @ tnovick@ggpnllp.com
car accidents and injuries
Car accidents happen and sometimes people get hurt and need advice on the rights that they have. NY Accident Attorney New York State has a threshold in terms of injuries that must happen before a lawsuit can be started. It's called the "serious physical injury" threshold in New York State Insurance Law section 5102. If you have been injured in an auto accident call Gaines, Gruner, Ponzini & Novick, LLP at 914-288-9595. Contact Us
Thursday, October 1, 2009
The most common construction accidents include: 1) Workers falling from heights; 2) falling debris striking and injuring workers; 3) falls from elevated equipment, including scaffolding, ladders, and hoists;) 4) injuries caused by heavy equipment or machinery; 5) trips and falls at the construction site, and; 6) Injuries caused by Contractors failing to provide a safe work environment as required by New York City Administrative Code.
Under New York law an employee (construction worker) cannot sue his or her employer for on the job accidents except in very rare circumstances—instead the employee (construction worker) may pursue a Workers' Compensation claim. Worker's Compensation is a form of insurance that pays for lost earnings and medical expenses as well as other benefits. But, Workers' Compensation usually satisfies only a small percentage of your real damages. In order to determine whether you may be entitled to a money award, you need a lawyer that is an expert in construction site accidents who knows how to utilize the Labor laws designed to protect the laborer.
Fortunately, in order to recover fully, the construction worker can sue third parties or other entities that were responsible for his or her accident. New York has very strict safety laws protecting construction workers. A New York personal injury lawyer experienced in construction site accidents is vital to determine the proper statutes and violations to sue under.
Importantly, owners of buildings, General Contractors, architects, and manufacturers can be sued for construction accidents and personal injuries or wrongful deaths at the construction site. New York Labor Law 240(1) and 241(6) and 200 are the most common construction accident statutes employed in such lawsuits.
The lawyers at our offices are experts in these laws and will maximize your potential money award by utilizing all of the Labor laws that protect your interest.
Whether you are a foreman, journeyman or laborer, union or non-union, you have important rights that we will protect so that you and your family will be fully compensated for your injuries. Our attorneys have extensive knowledge of the Labor laws (construction accidents) and also have previously worked for the insurance carriers, which provides us with important inside information regarding settlement and trial strategies that most plaintiff’s attorneys are not aware of.
Please call us to discuss your case.
Please call to set up a free consultation to discuss your case with us by calling Ted A. Novick, Esq.@ (914)288-9595 or by email @ tnovick@ggpnllp.com
Please call to set up a free consultation to discuss your case with us by calling Ted A. Novick, Esq.@ (914)288-9595 or by email @ tnovick@ggpnllp.com
Child Booster Seat - New Law
New Child Booster Seat Law to Take Effect
New York - September 26, 2009
On November 24, New York law [Section 1229-c(1), New York State Vehicle and Traffic Law takes effect and requires the use of booster seats or other appropriate child restraint systems for 4, 5 and 6 year old children. A child restraint system is a device that is used along with safety belts, designed to restrain, seat or position a child in a motor vehicle and meets Federal Motor Vehicle Safety Standards. These systems may include a child safety seat, vest/harness or booster seat that when used appropriately must meet the child's height, size and weight recommendations of the manufacturer. A booster seat must be used with a lap and shoulder belt.
Previously, the law required children 4, 5 and 6 year old children to use only adult safety belts placing them at increased risk of injury and death, but seat belts are designed to fit adults, not children. Young children, who use only seat belts rather than booster seats or child safety seats, are more likely to suffer life-threatening injuries, including severe damage to the brain, spleen, liver and spinal cord.
The National Highway Traffic Safety Administration (NHTSA) states that motor vehicle crashes are the leading cause of death for children age 3 to 6 and 8 to 14. In 2007, 6,532 passenger vehicle occupants 14 and younger were involved in fatal crashes. Most crashes occur close to home (within 25 miles). Most crashes occur at speeds of less than 30-mph and severe injury can happen even at these low speeds. A crash can happen when you least expect it, so it is important for everyone to buckle up every time they ride in a vehicle. Properly installed child safety seats and booster seats can help save a child's life.
If you or anyone you know has been injured in a car accident, you need an attorney to fight for your rights and ensure you receive all compensation due to you. At Gaines, Gruner, Ponzini & Novick, LLP we have the experience and knowledge needed to successfully handle car accident cases. Contact us immediately after a car accident and we will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries or property damage. Call toll free 888-907-4LAW or visit our website at www.ggpnllp.com or call 914-629-5291 for 24 hour access.
New York - September 26, 2009
On November 24, New York law [Section 1229-c(1), New York State Vehicle and Traffic Law takes effect and requires the use of booster seats or other appropriate child restraint systems for 4, 5 and 6 year old children. A child restraint system is a device that is used along with safety belts, designed to restrain, seat or position a child in a motor vehicle and meets Federal Motor Vehicle Safety Standards. These systems may include a child safety seat, vest/harness or booster seat that when used appropriately must meet the child's height, size and weight recommendations of the manufacturer. A booster seat must be used with a lap and shoulder belt.
Previously, the law required children 4, 5 and 6 year old children to use only adult safety belts placing them at increased risk of injury and death, but seat belts are designed to fit adults, not children. Young children, who use only seat belts rather than booster seats or child safety seats, are more likely to suffer life-threatening injuries, including severe damage to the brain, spleen, liver and spinal cord.
The National Highway Traffic Safety Administration (NHTSA) states that motor vehicle crashes are the leading cause of death for children age 3 to 6 and 8 to 14. In 2007, 6,532 passenger vehicle occupants 14 and younger were involved in fatal crashes. Most crashes occur close to home (within 25 miles). Most crashes occur at speeds of less than 30-mph and severe injury can happen even at these low speeds. A crash can happen when you least expect it, so it is important for everyone to buckle up every time they ride in a vehicle. Properly installed child safety seats and booster seats can help save a child's life.
If you or anyone you know has been injured in a car accident, you need an attorney to fight for your rights and ensure you receive all compensation due to you. At Gaines, Gruner, Ponzini & Novick, LLP we have the experience and knowledge needed to successfully handle car accident cases. Contact us immediately after a car accident and we will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries or property damage. Call toll free 888-907-4LAW or visit our website at www.ggpnllp.com or call 914-629-5291 for 24 hour access.
Levaquin can rupture a tendon
Antibiotic Levaquin Can Cause Ruptured Tendon
Imagine being prescribed the antibiotic, Levaquin for a chest or sinus infection, and ending up with a torn tendon or tendonitis. Believe it or not, the antibiotic Levaquin has been know to cause tendons to tear and/or rupture, all without any warning to those who were prescribed or took the antibiotic. The Food and Drug Administration has mandated that a Black Box warning be placed on the packaging of Levaquin so that consumers can make informed choices regarding the risks versus the benefits of the highly prescribed bacteria killer.
"Most people will believe that they tore or ruptured their tendon - or have tendonitis - because of an abrupt movement or an injury during an activity, like sports, without realizing the disability, and the pain and suffering were really caused by Levaquin. The injury was no fault of their own." claims Alan Ripka, Esquire. "One of the problems is that people go to their doctor complaining of pain without telling their doctor about their history of being on Levaquin. In these cases, the doctor inaccurately diagnoses the source of the injury as something other than the Levaquin. In these circumstances, people will never know they may have a legal action against the manufacturers of the antibiotic and may be entitled to compensation for their injuries, pain, discomfort, surgery, medical bills and lost earnings from being unable to work."
If you have taken Levaquin and have been or are injured, call Ted Novick to discuss your claim. It makes no difference what city you live in or where you got or took Levaquin. You can finally get an answer to the mystery of why you had a torn or ruptured tendon, with nothing seeming to cause it. Please fill out the form and submit or call and ask for Ted Novick, one of our partners. Please specifically mention that you read the blog when contacting our office.
Imagine being prescribed the antibiotic, Levaquin for a chest or sinus infection, and ending up with a torn tendon or tendonitis. Believe it or not, the antibiotic Levaquin has been know to cause tendons to tear and/or rupture, all without any warning to those who were prescribed or took the antibiotic. The Food and Drug Administration has mandated that a Black Box warning be placed on the packaging of Levaquin so that consumers can make informed choices regarding the risks versus the benefits of the highly prescribed bacteria killer.
"Most people will believe that they tore or ruptured their tendon - or have tendonitis - because of an abrupt movement or an injury during an activity, like sports, without realizing the disability, and the pain and suffering were really caused by Levaquin. The injury was no fault of their own." claims Alan Ripka, Esquire. "One of the problems is that people go to their doctor complaining of pain without telling their doctor about their history of being on Levaquin. In these cases, the doctor inaccurately diagnoses the source of the injury as something other than the Levaquin. In these circumstances, people will never know they may have a legal action against the manufacturers of the antibiotic and may be entitled to compensation for their injuries, pain, discomfort, surgery, medical bills and lost earnings from being unable to work."
If you have taken Levaquin and have been or are injured, call Ted Novick to discuss your claim. It makes no difference what city you live in or where you got or took Levaquin. You can finally get an answer to the mystery of why you had a torn or ruptured tendon, with nothing seeming to cause it. Please fill out the form and submit or call and ask for Ted Novick, one of our partners. Please specifically mention that you read the blog when contacting our office.
Saturday, September 26, 2009
Construction Accidents/Labor Law
In New York State, there are many safety regulations governing construction sites. If companies break these rules, and a worker is injured, the company may be liable for medical bills, lost wages, pain and suffering and other expenses arising from a construction accident.
The construction accident lawyers at Gaines, Gruner, Ponzini and Novick, LLP help families get the compensation they deserve after a construction accident. Speak with attorneys Steven Gaines and/or Ted Novick for a free consultation and they can quickly help you decide if you have a lawsuit.
The law firm has represented many clients in New York City (Manhattan, Bronx, Brooklyn, Queens), Nassau County, Suffolk County, Rockland County, Orange County, Westchester County, and even upstate New York.
Types of Construction Accidents
* Labor Law Section 240
* Labor Law Section 241
* Scaffolding Accidents
* OSHA Violations
* Industrial Code Violations
* Defective Machinery and Tools
Gaines, Gruner, Ponzini and Novick, LLP have started hundreds of personal injury cases in court, and will not hesitate to do so if it is in their client’s best interests. By working closely with each client and fully preparing every case for trial, they usually can obtain above average settlements and verdicts.
Contact the Firm
Please contact the firm any time, 24 hours a day, to set up a free initial consultation with Gaines, Gruner, Ponzini and Novick, LLP’s construction accident lawyers. During business hours, call (914) 288-9595. After business hours, call an attorney directly at (914) 629-5291. Visit our site @ www.ggpnllp.com to speed up the process.
The construction accident lawyers at Gaines, Gruner, Ponzini and Novick, LLP help families get the compensation they deserve after a construction accident. Speak with attorneys Steven Gaines and/or Ted Novick for a free consultation and they can quickly help you decide if you have a lawsuit.
The law firm has represented many clients in New York City (Manhattan, Bronx, Brooklyn, Queens), Nassau County, Suffolk County, Rockland County, Orange County, Westchester County, and even upstate New York.
Types of Construction Accidents
* Labor Law Section 240
* Labor Law Section 241
* Scaffolding Accidents
* OSHA Violations
* Industrial Code Violations
* Defective Machinery and Tools
Gaines, Gruner, Ponzini and Novick, LLP have started hundreds of personal injury cases in court, and will not hesitate to do so if it is in their client’s best interests. By working closely with each client and fully preparing every case for trial, they usually can obtain above average settlements and verdicts.
Contact the Firm
Please contact the firm any time, 24 hours a day, to set up a free initial consultation with Gaines, Gruner, Ponzini and Novick, LLP’s construction accident lawyers. During business hours, call (914) 288-9595. After business hours, call an attorney directly at (914) 629-5291. Visit our site @ www.ggpnllp.com to speed up the process.
Tuesday, September 22, 2009
Truck/Big rig accidents
Because of their size and weight, commercial vehicles like semi trucks, vans and other "box truck" cargo carriers are among the most dangerous kinds of automobiles on the crowded streets of New York as well as the major thoroughfares that connect the Big Apple to nearby communities in Westchester County, Putnam County and Rockland County.
While most commercial drivers are good stewards of the road, some are not so diligent. Accidents do happen. Often these wrecks can result serious, permanent injury or even death to those involved.
But just as a crash involving an 18-wheeler or tractor trailer is different than a simple car accident, the court cases that stem from these kinds of incidents can be more complex and time-consuming. If you have been injured or a family member injured or killed in a crash involving a commercial driver or vehicle, you need to find a licensed attorney with experience litigating trucking accidents.
You must find a law firm that will stand up for your rights, won't be intimidated by big insurance companies, corporations and contractors and will aggressively pursue all the financial compensation available in your case.
At the White Plains personal injury law firm of Gaines, Gruner, Ponzini & Novick, LLP @ 1-914-288-9595 or toll free @ 1-888-907-4Law for a free consultation.
While most commercial drivers are good stewards of the road, some are not so diligent. Accidents do happen. Often these wrecks can result serious, permanent injury or even death to those involved.
But just as a crash involving an 18-wheeler or tractor trailer is different than a simple car accident, the court cases that stem from these kinds of incidents can be more complex and time-consuming. If you have been injured or a family member injured or killed in a crash involving a commercial driver or vehicle, you need to find a licensed attorney with experience litigating trucking accidents.
You must find a law firm that will stand up for your rights, won't be intimidated by big insurance companies, corporations and contractors and will aggressively pursue all the financial compensation available in your case.
At the White Plains personal injury law firm of Gaines, Gruner, Ponzini & Novick, LLP @ 1-914-288-9595 or toll free @ 1-888-907-4Law for a free consultation.
Road site accident leads to death
A road construction accident in Amenia, New York, left one worker dead on Wednesday, July 29. The man, a New York resident, was operating an Ingersoll-Rand asphalt roller when he fell off of the piece of heavy machinery and was then hit by the construction equipment.
New York State Troopers identified the New York construction accident victim as 23-year-old Donald Flood III of Wassaic, New York. The accident took place early on Wednesday afternoon in Dutchess County, about 60 miles from Albany, New York, near 41 Benson Road.
The Dutchess County Sheriff's Office, the county Office of the Medical Examiner, the Wassaic Fire Department and Northern Dutchess Paramedics assisted state police at the scene.
The NY on-the-job accident took place as workers were laying down asphalt on a road construction site. New York officials told reporters that the investigation into this NY construction site accident is continuing. Police are still unsure of why Flood may have fallen off the asphalt machine.
New York State Troopers identified the New York construction accident victim as 23-year-old Donald Flood III of Wassaic, New York. The accident took place early on Wednesday afternoon in Dutchess County, about 60 miles from Albany, New York, near 41 Benson Road.
The Dutchess County Sheriff's Office, the county Office of the Medical Examiner, the Wassaic Fire Department and Northern Dutchess Paramedics assisted state police at the scene.
The NY on-the-job accident took place as workers were laying down asphalt on a road construction site. New York officials told reporters that the investigation into this NY construction site accident is continuing. Police are still unsure of why Flood may have fallen off the asphalt machine.
Medical Malpractice Defined
What exactly is medical negligence? It is when a doctor or a health care professional acts negligently while treating a patient for a medical condition. It is a result of an action or inaction and the damages that result from it.
A main causes is the failure to diagnose a condition. Misdiagnosis is if a condition is not properly evaluated so that the correct treatment can be provided. A delayed diagnosis can result in serious side effects including death. If an illness or medical condition is undiagnosed too long the condition could escalate beyond repair.
A doctor can be responsible for medical malpractice if he/she fails to provide the patient with informed consent. This means the statistics and possible side effects must be made known so that the patient can make an informed decision as to how to proceed.
An lawyer should evaluate your potential case to see if you qualify for a medical malpractice law suit. If you can prove negligence and you suffered because of the negligence you have a great chance of success. On the other hand, if you did not suffer any side effects or damages it would smarter not to commence an action.
Medial malpractice lawsuits take time and money. Doctors must hired to confirm facts. Medical records must be purchased and the doctor's insurance company is going to fight.
Our lawyers will give you a free consultation and evaluate your case.
Call Gaines, Gruner, Ponzini & Novick, LLP @ 1-914-288-9595 or toll free @ 888-907-4law
A main causes is the failure to diagnose a condition. Misdiagnosis is if a condition is not properly evaluated so that the correct treatment can be provided. A delayed diagnosis can result in serious side effects including death. If an illness or medical condition is undiagnosed too long the condition could escalate beyond repair.
A doctor can be responsible for medical malpractice if he/she fails to provide the patient with informed consent. This means the statistics and possible side effects must be made known so that the patient can make an informed decision as to how to proceed.
An lawyer should evaluate your potential case to see if you qualify for a medical malpractice law suit. If you can prove negligence and you suffered because of the negligence you have a great chance of success. On the other hand, if you did not suffer any side effects or damages it would smarter not to commence an action.
Medial malpractice lawsuits take time and money. Doctors must hired to confirm facts. Medical records must be purchased and the doctor's insurance company is going to fight.
Our lawyers will give you a free consultation and evaluate your case.
Call Gaines, Gruner, Ponzini & Novick, LLP @ 1-914-288-9595 or toll free @ 888-907-4law
Wednesday, August 26, 2009
Cell Phones and car accidents
Cell phones have been on the market now for over 25 years. There are over 139 million cell phone subscribers in the U.S. and the number is growing as children began using them.
The use of cell phones and the act of texting while driving has had a major impact on car accidents across the country. While teenagers are the main culprits here, adult drivers also share in driving while distracted by using their cell phones.
Some scary facts to think about the next time you get in your car: more than 65 percent of teenagers who get behind the wheel to drive are using their cell phones as they navigate. Every year more than 25 percent of all fatal car crashes that involved teenage drivers between the ages of 16 and 21 were because of cell phone use while driving.
As if driving while trying to talk on a cell phone is enough of a distraction, teenagers are now texting while driving. Speaking on a phone is one thing but trying to safely use the text message feature on your phone while trying to drive is nearly impossible. You cannot type on a cell phone without taking your eyes off the road, and oftentimes it only takes a second for something unexpected to pop up that will cause an automobile accident.
It even seems that as the technology and added features of the cell phones improve, the distraction level increases. You can now watch television on your cell phone, which is a great feature to have but it may be too tempting for teenagers who do not have that much experience driving to begin with.
And it is not to say that adults are not talking on their cell phones as they drive because they certainly are. Many do realize the risk and have voluntarily incorporated the use of headsets into their driving routine. Distraction from cell phone use is a serious issue and many states are getting involved to prevent any further tragedies that could be prevented.
As of July 2009 there are six states that have completely banned the use of handheld cell phones while driving: California, Connecticut, New Jersey, New York, Oregon and Washington. It is also against the law to drive while using a handheld cell phone in the District of Columbia and the Virgin Islands. And 20 states have passed laws that make it illegal to text someone on your cell phone while driving.
In order to file a personal injury claim from injuries that have resulted from an automobile accident you must be able to prove that the accident was caused by the negligence of the other party involved. Distractions from the use of a cell phone and or text messaging while driving are a major form of distraction and a simple act of negligence that could be so easily prevented.
If you have suffered medical injuries, loss of wages, pain and suffering and even the loss of a loved one at the hands of a distracted cell phone user, please contact our law firm at 1-914-288-9595 and we can help you receive the compensation that you deserve. Gaines, Gruner, Ponzini & Novick, LLP
The use of cell phones and the act of texting while driving has had a major impact on car accidents across the country. While teenagers are the main culprits here, adult drivers also share in driving while distracted by using their cell phones.
Some scary facts to think about the next time you get in your car: more than 65 percent of teenagers who get behind the wheel to drive are using their cell phones as they navigate. Every year more than 25 percent of all fatal car crashes that involved teenage drivers between the ages of 16 and 21 were because of cell phone use while driving.
As if driving while trying to talk on a cell phone is enough of a distraction, teenagers are now texting while driving. Speaking on a phone is one thing but trying to safely use the text message feature on your phone while trying to drive is nearly impossible. You cannot type on a cell phone without taking your eyes off the road, and oftentimes it only takes a second for something unexpected to pop up that will cause an automobile accident.
It even seems that as the technology and added features of the cell phones improve, the distraction level increases. You can now watch television on your cell phone, which is a great feature to have but it may be too tempting for teenagers who do not have that much experience driving to begin with.
And it is not to say that adults are not talking on their cell phones as they drive because they certainly are. Many do realize the risk and have voluntarily incorporated the use of headsets into their driving routine. Distraction from cell phone use is a serious issue and many states are getting involved to prevent any further tragedies that could be prevented.
As of July 2009 there are six states that have completely banned the use of handheld cell phones while driving: California, Connecticut, New Jersey, New York, Oregon and Washington. It is also against the law to drive while using a handheld cell phone in the District of Columbia and the Virgin Islands. And 20 states have passed laws that make it illegal to text someone on your cell phone while driving.
In order to file a personal injury claim from injuries that have resulted from an automobile accident you must be able to prove that the accident was caused by the negligence of the other party involved. Distractions from the use of a cell phone and or text messaging while driving are a major form of distraction and a simple act of negligence that could be so easily prevented.
If you have suffered medical injuries, loss of wages, pain and suffering and even the loss of a loved one at the hands of a distracted cell phone user, please contact our law firm at 1-914-288-9595 and we can help you receive the compensation that you deserve. Gaines, Gruner, Ponzini & Novick, LLP
Terms Often Used in Personal Injury and Medical Malpractice Cases
No one ever expects to find themselves in court fighting for what is legally and morally due to them, but things happen and drivers or landowners or medical professionals can be negligent. If you have become victim to negligence in a car accident or construction site, etc..., you might have a law suit. Or medical malpractice could occur. If medical malpractice occurred due to an incorrect diagnosis, a delayed diagnosis or a misdiagnosis you might have cause to file a medical malpractice case.
As most people are not familiar with legal terminology until they are in a law suit, here are some terms that you might want to familiarize yourself with if you are considering or are already involved in such a case.
Arbitration. This is a process that is put into effect in an effort to eliminate a court trial. A professional who is involved in the field or area of medicine that the case deals with is brought in to hear both sides in hopes of a resolution.
Claim evaluation. This may be one of the first new words or phrases you may hear if you contact an attorney regarding a negligence or medical malpractice lawsuit. The attorney is going to go over the specifics of the case and perform a comprehensive evaluation to determine, if based on all of the information provided, if it can be proven that there was indeed negligence by a driver, a landowner or by a doctor or medical professional involved. In addition, in order to file a medical malpractice lawsuit you must have suffered as a result of this negligence.
Deposition. It is the process of interviewing key people who are involved or related to your case. They could be witnesses, medical professionals or anyone involved who would have information that is pertinent to your case. The deposition is held usually in an attorney's office and is documented by a court reporter so that it may be used later for the actual trial or in arbitration.
Good Samaritan Act. This is an act that protects people like emergency personnel from the liability of a lawsuit by the mere fact of performing their job. If emergency or any other medical professionals had to worry about being sued they may not perform their duties during an emergency situation therefore further hampering the condition of urgent patients.
Several or joint liability. This is where liability for the negligence is divided between more than one person. A physician may be liable as well as the hospital that he or she works in.
Medical malpractice is an unfortunate occurrence that many people believe could be prevented. Rest assured, human error is also a real situation and good doctors can make mistakes. That is why a good medical malpractice attorney can evaluate your case to determine if a doctor was negligent in his duties.
If you have ever been misdiagnosed, undiagnosed or a delay in diagnosis resulted in personal illness or injuries, please contact our professional team of attorneys at Gaines, Gruner, Ponzini & Novick, LLP @ 914-288-9595
No one ever expects to find themselves in court fighting for what is legally and morally due to them, but things happen and drivers or landowners or medical professionals can be negligent. If you have become victim to negligence in a car accident or construction site, etc..., you might have a law suit. Or medical malpractice could occur. If medical malpractice occurred due to an incorrect diagnosis, a delayed diagnosis or a misdiagnosis you might have cause to file a medical malpractice case.
As most people are not familiar with legal terminology until they are in a law suit, here are some terms that you might want to familiarize yourself with if you are considering or are already involved in such a case.
Arbitration. This is a process that is put into effect in an effort to eliminate a court trial. A professional who is involved in the field or area of medicine that the case deals with is brought in to hear both sides in hopes of a resolution.
Claim evaluation. This may be one of the first new words or phrases you may hear if you contact an attorney regarding a negligence or medical malpractice lawsuit. The attorney is going to go over the specifics of the case and perform a comprehensive evaluation to determine, if based on all of the information provided, if it can be proven that there was indeed negligence by a driver, a landowner or by a doctor or medical professional involved. In addition, in order to file a medical malpractice lawsuit you must have suffered as a result of this negligence.
Deposition. It is the process of interviewing key people who are involved or related to your case. They could be witnesses, medical professionals or anyone involved who would have information that is pertinent to your case. The deposition is held usually in an attorney's office and is documented by a court reporter so that it may be used later for the actual trial or in arbitration.
Good Samaritan Act. This is an act that protects people like emergency personnel from the liability of a lawsuit by the mere fact of performing their job. If emergency or any other medical professionals had to worry about being sued they may not perform their duties during an emergency situation therefore further hampering the condition of urgent patients.
Several or joint liability. This is where liability for the negligence is divided between more than one person. A physician may be liable as well as the hospital that he or she works in.
Medical malpractice is an unfortunate occurrence that many people believe could be prevented. Rest assured, human error is also a real situation and good doctors can make mistakes. That is why a good medical malpractice attorney can evaluate your case to determine if a doctor was negligent in his duties.
If you have ever been misdiagnosed, undiagnosed or a delay in diagnosis resulted in personal illness or injuries, please contact our professional team of attorneys at Gaines, Gruner, Ponzini & Novick, LLP @ 914-288-9595
Wednesday, August 19, 2009
The passing of a loved one is always a difficult time for family matters, but it can be even more difficult when the loved one was killed due to the negligence of another person or entity. This is known as wrongful death. If this has happened to a loved one, the decedent's immediate family members may file an action for wrongful death. If the decedent was still alive for a period of time after the injury, a claim may also be filed for medical expenses or pain and suffering that occurred as a result of the negligent party's actions. Any claim must be failed by a personal representative of the decedent and any compensation awarded goes to the decedent's estate. Once this money becomes a part of the state, it may pass to beneficiaries through the will and testament of the deceased.
There are four elements of a wrongful death lawsuit that must be met in order for the suit to be successful. The first element is the death of a human being. The second element in a wrongful death case is that the death had to be caused by someone else's negligence or someone else's intent to harm the person. Surviving family members must be suffering monetary injury as a result of the death, which can be in the form of the loss of income from a deceased spouse or the expenses related to funeral and burial services for the decedent. Finally, a personal representative must be appointed for the decedent's estate. This representative will have the responsibility of filing any claim for wrongful death.
There are several situations that can lead to a wrongful death lawsuit. If someone is the victim of medical malpractice and later passes away, then a wrongful death claim may be possible. Automobile and airplane accidents can lead to catastrophic injuries that are fatal in nature. If negligence played a part in the accident, it may be possible to recover damages through a wrongful death suit. Employees who are exposed to dangerous substances like asbestos and other chemicals may be able to file wrongful death claims against their employers. Claims can also be filed if someone was killed during a supervised activity or in the commission of a criminal act. Even if someone can be charged criminally for someone's death, they can also be subject to civil action.
When damages are being determined in a wrongful death case, the main measure of damages is the financial injury suffered. Financial injury can include medical expenses, funeral expenses, the lost prospect of receiving an inheritance, and the loss of financial support (in the case of the death of a spouse whose income supported family members). Determining pecuniary damages depends on the decedent's age, health at the time of the injury, and other information. If the decedent was a retired elderly person, the pecuniary damages calculated will be less than the damages for someone who was young, in good health, and had a spouse and kids to support with their income.
Call GAINES, GRUNER, PONZINI & NOVICK, LLP @ 914-288-9595 to discuss your case.
There are four elements of a wrongful death lawsuit that must be met in order for the suit to be successful. The first element is the death of a human being. The second element in a wrongful death case is that the death had to be caused by someone else's negligence or someone else's intent to harm the person. Surviving family members must be suffering monetary injury as a result of the death, which can be in the form of the loss of income from a deceased spouse or the expenses related to funeral and burial services for the decedent. Finally, a personal representative must be appointed for the decedent's estate. This representative will have the responsibility of filing any claim for wrongful death.
There are several situations that can lead to a wrongful death lawsuit. If someone is the victim of medical malpractice and later passes away, then a wrongful death claim may be possible. Automobile and airplane accidents can lead to catastrophic injuries that are fatal in nature. If negligence played a part in the accident, it may be possible to recover damages through a wrongful death suit. Employees who are exposed to dangerous substances like asbestos and other chemicals may be able to file wrongful death claims against their employers. Claims can also be filed if someone was killed during a supervised activity or in the commission of a criminal act. Even if someone can be charged criminally for someone's death, they can also be subject to civil action.
When damages are being determined in a wrongful death case, the main measure of damages is the financial injury suffered. Financial injury can include medical expenses, funeral expenses, the lost prospect of receiving an inheritance, and the loss of financial support (in the case of the death of a spouse whose income supported family members). Determining pecuniary damages depends on the decedent's age, health at the time of the injury, and other information. If the decedent was a retired elderly person, the pecuniary damages calculated will be less than the damages for someone who was young, in good health, and had a spouse and kids to support with their income.
Call GAINES, GRUNER, PONZINI & NOVICK, LLP @ 914-288-9595 to discuss your case.
You see the lawyers on the television all of the time talking about different medications or illnesses and you probably wonder what they are talking about - until you find yourself in need of a lawyer. How do you go about finding a good medical malpractice lawyer?
Because this type of case differs from a lot of other types of cases you must keep a few things in mind. Some attorneys practice certain types of medical malpractice. Try to find an attorney who specializes in your particular type of malpractice. There are attorneys who specialize in misdiagnosis cases while others are more familiar with negligence during or after surgical procedures.
Finding an attorney who is familiar with cases like yours will save you time and money. If your attorney already is familiar with the medical professionals in the field that he or she is going to have to call on to confirm or verify details of your case you are in good hands.
Meet with your attorney for a free consultation so that he or she can evaluate your case and even determine if it is worth pursuing. Medical malpractice law suits take longer to settle and more out of pocket expenses up front. Make sure that you have both the time and the money to pursue this to the end. If an attorney does not think that the case is going to settle for an amount that will cover everyone's costs and expenses then he or she won't even pursue it.
Find out if your attorney has actually had experience with cases like yours. Ask him or her you can expect during the process of pursuing the suit. How many cases have they won? How many cases were settled in court and how many were settled out of court?
You should also check to make sure that your attorney is up on the latest medical information and FDA drug recalls. Medical malpractice due to some drugs, such as heparin and BOTOX are currently making headlines. If your case involves either of these drugs you should hire an attorney who is familiar with them.
Call GAINES, GRUNER, PONZINI & NOVICK, LLP @ 914-288-9595 to find out about your rights.
Because this type of case differs from a lot of other types of cases you must keep a few things in mind. Some attorneys practice certain types of medical malpractice. Try to find an attorney who specializes in your particular type of malpractice. There are attorneys who specialize in misdiagnosis cases while others are more familiar with negligence during or after surgical procedures.
Finding an attorney who is familiar with cases like yours will save you time and money. If your attorney already is familiar with the medical professionals in the field that he or she is going to have to call on to confirm or verify details of your case you are in good hands.
Meet with your attorney for a free consultation so that he or she can evaluate your case and even determine if it is worth pursuing. Medical malpractice law suits take longer to settle and more out of pocket expenses up front. Make sure that you have both the time and the money to pursue this to the end. If an attorney does not think that the case is going to settle for an amount that will cover everyone's costs and expenses then he or she won't even pursue it.
Find out if your attorney has actually had experience with cases like yours. Ask him or her you can expect during the process of pursuing the suit. How many cases have they won? How many cases were settled in court and how many were settled out of court?
You should also check to make sure that your attorney is up on the latest medical information and FDA drug recalls. Medical malpractice due to some drugs, such as heparin and BOTOX are currently making headlines. If your case involves either of these drugs you should hire an attorney who is familiar with them.
Call GAINES, GRUNER, PONZINI & NOVICK, LLP @ 914-288-9595 to find out about your rights.
We protect the rights of nursing home patients too. With your permission we will hire doctors and nurses to review your case. If you suspect that a loved one has been subjected to negligence by a nursing home or hospital please call us @ 914-288-9595.
GAINES, GRUNER, PONZINI & NOVICK, LLP
Attorneys at Law
One North Broadway, 12th floor
White Plains, New York 10601
(914) 288-9595
GAINES, GRUNER, PONZINI & NOVICK, LLP
Attorneys at Law
One North Broadway, 12th floor
White Plains, New York 10601
(914) 288-9595
Saturday, August 15, 2009
Do you or a loved one constantly fear that there may be a construction accident at the job site one day that could cause serious injury or even death? When you are working day in and day out with all different equipment it can become dangerous since people fall into a pattern and are not thinking about what they are doing. Some of the most dangerous types of equipment are tractors, forklifts, dump trucks, delivery trucks, rigs, and cranes which can cause injury and death. These types of construction accidents aren’t always the fault of the person who is operating the equipment, often they are due to the carelessness of managers and people who are running the job site. When something happens on a construction job site it is normally due to the carelessness of the manager or the person overseeing the job site, the person who is operating the machinery, or it could be a product defect. All of these things can cause serious injury and death when you are working on a construction site in New York, Connecticut or New Jersey or anywhere else for that matter.
If you or a loved one has been injured in one of these construction accidents you may be able to be compensated for your injury or a loved ones death. Our lawyers deal with these injuries and will be able to tell you what you need to know about potentially being compensated. The first thing you should do as soon as you or a loved one is injured as a result of a construction accident is take pictures, write a journal, and make sure to file a police report about the injury. Taking all of these steps will definitely help when your lawyer is trying to make a court case for you, having all of these things documented will help you to make a case against the people who are responsible for your injury. If a judge finds the defendant liable/negligent you may be compensated for not only the actual injury, which includes medical expenses, but also for any money that you may have not been able to earn as a result of the injury. Construction accidents are some of the most dangerous accidents in the world because people are operating with very heavy machinery, which could easily crush or injure the people who are operating it. Construction accidents happen every day and many of the people who are involved do not even know they may be able to be compensated for their serious injury.
For more information about construction accidents, call us at GAINES, GRUNER, PONZINI & NOVICK, LLP and HIRE the lawyers who will fight for you and your family.
Friday, August 7, 2009
Medical Malpractice
When doctors and other medical care providers take care of patients, they have a duty to use a reasonable standard of care when making decisions about diagnosis and treatment. When this standard of care is followed, serious medical conditions can be caught before they progress and become fatal. When the duty to follow this standard of care is breached, serious conditions can go undiagnosed and lead to consequences such as stroke, heart attack, or even death. When this happens, victims deserve compensation for their medical expenses, loss of wages, and pain and suffering. If you were misdiagnosed by a medical care provider, contact a personal injury attorney immediately for assistance in filing a legal claim.
Negligence can lead to medical misdiagnosis on the part of doctors, physician assistants, and nurse practitioners. Some examples of negligence that contribute to medical misdiagnosis include incorrectly interpreting the results of diagnostic tests and failure to order appropriate laboratory or diagnostic testing. One of the reasons that misdiagnosis is so dangerous is that it can delay necessary treatment for serious illnesses. For example, if cancer is misdiagnosed, there will be delay in getting the chemotherapy or radiation that is needed to eradicate the cancer and improve the patient's health. Another reason that misdiagnosis is serious is because the treatment for the misdiagnosed condition can be harmful to the patient. If someone is misdiagnosed with cancer, for example, they could be given high doses of chemotherapy. Since chemotherapy can destroy healthy cells along with cancer cells, this can wreak havoc on a healthy person's body.
While any serious medical condition can be misdiagnosed, there are some conditions that are more commonly misdiagnosed than others. Several forms of cancer that are commonly misdiagnosed include breast cancer, lung cancer, prostate cancer, cervical cancer, ovarian cancer, and testicular cancer. Strokes and heart attacks can also be diagnosed if a patient is not being cared for properly. Other examples of medical conditions that are commonly misdiagnosed include tuberculosis, diabetes, pulmonary embolism (blood clot in the lung), appendicitis, and bacterial meningitis.
Many people think that misdiagnosis of a condition is immediate grounds for a personal injury suit. However, doctors are not expected to diagnose every condition as soon as it begins because many conditions are asymptomatic until they are advanced or the symptoms of those conditions may be similar to the symptoms of less serious conditions. Negligence has only occurred if another reasonable doctor with similar training would have diagnosed the condition using the information available. If another doctor would have diagnosed your condition based on the results of tests or a physical examination, then you may be able to file a claim for medical misdiagnosis.
We understand that dealing with a medical misdiagnosis can be difficult physically and emotionally. At GAINES, GRUNER, PONZINI & NOVICK, LLP, we can work with you to determine the best course of action to pursue in handling your medical misdiagnosis case. Our attorneys and staff members will work with you at every step of your case to ensure that you understand what is happening and how it can affect the outcome of your claim.
Head and Spinal Injury
Some of the most serious injuries caused by accidents are spinal cord injuries and head injuries. Such injuries can be life-threatening and can change the quality of one's life drastically. After a head or spinal cord injury, victims may need costly rehabilitation services, intensive medical care, or expensive medical equipment to help them regain their ability to function. When full function cannot be regained, victims of head and spinal cord injuries may experience a loss of income and have to pay for things like wheelchairs, medical supplies, prescription medications, and in-home health care to get the best quality of life possible. It is important to consult a lawyer who is experienced in handling this type of case as soon as you or a loved one sustain a head or spinal cord injury. This type of case has a statute of limitations, so finding an attorney immediately can prevent you from being unable to file a claim at a later time.
Spinal cord injuries are very serious in nature. They can be caused by things like auto accidents, falls, and assaults. Because the spinal cord is part of the central nervous system, any injury to this delicate area can lead to severe consequences such as paraplegia, quadriplegia, difficulty walking, difficulty with movement, or severe pain. The spinal cord has four regions, which are known as the cervical, thoracic, lumbar, and sacral regions. Injuries that occur higher on the spinal cord (in the cervical or thoracic areas) often result in the most severe effects.
Head injuries are also very serious and can cause serious effects such as bruising, swelling, loss of oxygen to the brain, and tearing of the brain tissue itself. Head injuries can be caused by a number of different things include assaults, serious falls, automobile accidents, participation in sports, and being hit with falling debris. After a head injury occurs, a victim may experience effects such as paralysis, concussion, coma, difficulty concentrating, loss of memory, changes in their behavior, depression, seizures, and impaired vision or speech.
When you file a claim for a head or spinal cord injury, you may be able to recover for several different types of loss. These losses include loss of wages, diminished earning capacity, past and future medical expenses, pain and suffering, loss of enjoyment of life, inability to maintain intimate relations with a spouse, the cost of making alterations to your home to accommodate your injuries (such as adding a wheelchair ramp), and costs of wheelchairs and other devices designed to help you with mobility. The success of your claim may depend on medical records, statements from people who witnessed your accident, police reports, and expert witness testimony. This makes it very important that you have an experienced personal injury attorney to represent you in handling a head or spinal cord injury case.
At Gaines, Gruner, Ponzini & Novick, LLP we will discuss your injury with you and determine how to proceed with your claim. Our experienced attorneys can review your medical records and other evidence and develop a plan of action for negotiating a settlement or going to trial with your case. Contact us today to ensure that you don't miss out on the opportunity to have your case reviewed by experienced professionals.
Wednesday, July 22, 2009
Hospital negligence can result in serious injuries and even deaths. If you have been injured as the result of negligence while you were a patient in a hospital, or if a loved one died due to hospital negligence, you may be able to file a claim and collect compensation for pain and suffering, lost wages, medical expenses and other losses. Some of the most common forms of hospital negligence include wrong-site surgeries, medication errors, surgical errors, development of hospital-acquired infections, improper use of anesthesia, improper treatment of a diagnosed medical condition, failure to monitor or stabilize a patient, or improper use of a medical device.
Wrong-site surgeries are when a physician removes the wrong limb during an amputation or removes the wrong organ during a surgical procedure. For example, removing the left kidney when it is the right kidney that was diseased would be an example of a wrong-site surgery. Medication errors can happen because of errors at the hospital pharmacy or because of errors at the patient care level. Medication errors can involve giving the incorrect medication to a patient or giving too much or too little of the correct medication. Surgical errors include the improper use of medical instruments, failure to remove sponges and other supplies from a surgical site, and failure to use proper surgical techniques on a patient.
While not all infections are due to hospital negligence, hospital-acquired infections can be very severe. In someone whose immunity is compromised by illness or weakened due to recent surgery, these infections can quickly become life-threatening. Hospital negligence can contribute to the development of infections if care providers failed to follow proper infection control procedures or did not respond quickly to signs of a developing infection. Patients in intensive care units are particularly at risk for these infections because they are often on ventilators. Ventilators bypass normal breathing mechanisms that work to keep out infection, so it is easier for bacteria to enter these patients.
Improper use of anesthesia can include using too much anesthesia, not giving enough anesthesia, using the wrong anesthetic drugs, or making an error in administering epidural anesthesia. These errors can lead to serious effects on a patient. Too much anesthesia can cause a patient to become confused or disoriented and may even lead to death. Not enough anesthesia can cause a patient to feel the pain of medical procedures. Epidural errors can lead to serious consequences such as paralysis or painful bruising of the spine.
Hospital negligence cases often come down to the documentation available in the form of medical records and the statements of witnesses to the negligence. As a result, it's important to have an attorney who is experienced in handling hospital negligence claims and can work to gather evidence and interview nurses, technicians, and other witnesses.If you believe that you or a loved one has been a victim of hospital negligence call Gaines, Gruner, Ponzini & Novick, LLP at 914-288-9595.
Tuesday, July 21, 2009
Recklessness and negligence is extensive in today's climate resulting in numerous personal injuries. People who are cautious still are involved in accidents that result in injuries. Millions of injuries every year occur in the United States that result in over 6 million auto accidents. Two million of those become permanent personal injuries and many thousands end in death. Accidents involving trucks and large rigs number over 125,000 every year causing 50,000 personal injuries and over 4,000 of those ending in death. The number of fatalities associated with SUV rollovers when an accident does occur is frightening.
You might be surprised to discover that approximately 125,000 personal injuries result each year from the use of dirt bikes and ATVs.
If you are involved in an accident check for obvious injuries on yourself and those with you. If your passengers are ok, check to see if anyone else is injured. Call the police to report the accident and let them know if anyone is injured and how many appear to be injured. This lets them know how many emergency vehicles and personnel will be needed.
Next, obtain information from the other driver(s) involved in the crash. Ask for their name, address, driver's license number, insurance information and license plate number. If there were any witnesses to the accident, obtain their name(s), address(es) and telephone numbers too. Do not say that you were at fault. You may have been, but there may be factors about the accident that you were not aware of initially. It may turn out that the other driver was at fault.You will need the police report number when you go to the police station to request an accident report. However, many insurance companies will take care of that for you. But, just in case, there is nothing wrong with asking the officer for this information if they don't offer it to you. If the police officer asks you for a statement, simply relate the facts.
Ted A. Novick, Esq., the partner that handles the medical malpractice cases at Gaines, Gruner, Ponzini & Novick, LLP in White Plains, NY is looking for potential clients who were allegedly exposed to Hepatitis C at Northern Westchester Hospital in Mt. Kisco, NY. Allegedly, 6,000 patients were exposed to Hepatitis C at Northern Westchester Hospital when a surgical technician injected the patients with saline rather than the pain killer Fentanyl because the technician was addicted to the painkiller and used the Fentanyl on herself and than put saline into the same needle and injected the patients. Hepatitis C is a liver disease. It can cause cirrhosis and cancer. It is usually transmitted through contact with the blood of an infected person, primarily through sharing contamintaed needles to inject drugs. Symptoms include decreased appetite, fatigue, stomach pain, jaundice, itching and flu like symptoms. However, most infected people expereince no symptoms and the infection is usually accidentally discovered. The disease can be treated but around 50% of the people can never be cured. Please call Mr. Novick @ 914-288-9595 to discuss your questions and concerns. For access to Mr. Novick during the evening call his cell phone @ 914-629-5291.
Tuesday, June 16, 2009
Thursday, May 21, 2009
botched plastic surgery
We have a new case where a plastic surgeon botched a breast lift and tummy tuck. The medical facility is in the Dutchess County and Albany, NY area. The pictures show open wounds and scars that are hard to believe a surgeon would be able to do this to a person. The person asked for a size C and was given a double dd. The tummy tuck scar is visible and in no way looks like a plastic surgeon did it. When the client told the surgeon she was unhappy with the result the surgeon said "ok, I can fix it but in my office with local anesthesia" and performed surgery in an office. Now the person has open wounds that won't heal. No Dr. in the area will see her because of the obvious malpractice. Has anyone ever heard of a case like this?
laser burn case
Laser hair removal medical malpractice case with some 2nd degree burns with small scars. Offer started at 25k. Now the offer is 90K. This seems fair and just based on past experience with similar burn case. Has anyone else had such a case?
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