In New York State, an accident victim may receive less than 100% of their damages, even if they “win” their case. That is because New York State law allows for a defense called “comparative negligence.” What is Comparative Negligence? New York State is a pure comparative negligence state. That means that if both the plaintiff and defendant contributed to the accident, the court must determine each party’s percentage of fault and award compensation accordingly. This can mean that even if a party is almost entirely at fault for an accident, he may still receive compensation. How does Comparative Negligence work?Continue Reading
While not all bed sores can be prevented, standards of care have been developed in order to prevent them in most cases. Bed sores, also known as decubitus ulcers, pressure ulcers or pressure sores, often occur in hospitals, nursing homes and long-term care facilities when a patient has limited or no mobility. When a patient is unable to move, due to a spinal injury, paralysis, coma, surgery or any other reason, he or she must rely on the attending staff to ensure that all necessary steps are taken to prevent bed sores from developing.
Did you know that in New York State, by the time you discover that you have been a victim of medical malpractice, it may already be too late to receive compensation? In New York, the statute of limitations for filing a suit against a municipal hospital is 15 months from the date of the malpractice, not the date in which a patient discovers a fatal or life-altering error has been made. Currently, 44 states have a statute which starts the clock ticking on the date that the patient discovers the malpractice, New York is not one of them. What isContinue Reading
When we entrust people we care about to a licensed long-term care provider, we want to be certain of our choice and confident that the best care will be provided. Unfortunately, this is all too often not the case. For this reason, the government has designated an advocate, known as an Ombudsman, for residents of nursing homes, board and care homes, assisted living facilities and similar adult care facilities. The Ombudsman can help you understand and exercise your rights to good care in an environment that protects an individual’s dignity and quality of life.