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Posted on February 27, 2018 by Jeffrey K. Kestenbaum
When a person is killed by another person’s accidental or intentional acts, it is considered wrongful death. The surviving family members of the victim may be able to file a wrongful death claim against the liable party. This allows the family to receive compensation for damages, whether or not the liable party is convicted of a crime.
However, each state has specific laws that apply. In order to receive any type of compensation, you must first prove that your loved one died a wrongful death.
Posted on December 24, 2015 by Jeffrey K. Kestenbaum
Donald L. Blankenship, one of the most powerful men in West Virginia and former chairman and CEO of Massey Energy, is presently on trial in federal court as a result of a fatal accident involving one of his company’s coal mines according to a recent New York Times article. Back in April of 2010, the death of Blankenship’s 29 employees brought to light the company’s purportedly less-than-stellar safety record. Indeed, the accident is known as America’s deadliest coal mining disaster in almost four decades. The case against him is the first of its kind to press criminal charges against a coal baron, which alleges willful violation of safety laws in pursuit of profits. Continue reading
Posted on December 17, 2015 by Jeffrey K. Kestenbaum
The Centers for Disease Control and Prevention tracks injuries in the U.S. and has found that injuries and violence are the leading causes of death in the nation for individuals ages 1 to 44 when compared to other leading causes of death. According to the U.S. Bureau of Labor Statistics, in 2014 it is estimated that almost 3 million individuals were hospitalized due to injuries. Almost one million of these personal injuries required time away from work. Continue reading
Posted on November 17, 2015 by Jeffrey K. Kestenbaum
Across our great nation, approximately 94 percent of employees – about 140 million workers – are covered by workers’ compensation insurance. In fact, according to the U.S. Department of Labor (DOL) as of November 2015, New York workers’ compensation has paid more than $412 million in compensation to claimants. Medical expenses were more than $17 million in addition to this prior number. Approximately 12,000 workers’ compensation claims are filed each year by claimants living in New York while worksites located in New York accounted for tens of thousands of additional claims.
Posted on October 14, 2015 by Jeffrey K. Kestenbaum
Tackled by undercover law enforcement, slammed on the ground, handcuffed and detained – this was not the experience former tennis star James Blake was expecting when he was en route to attend a U.S. Open event in Flushing. Unfortunately, that’s exactly what happened, according to a recent Time Magazine report. Mistaken for an identity theft suspect, 35-year-old Blake reports not one of the plain-clothed Caucasian officers identified themselves when they tackled him in front of the Grand Hyatt Hotel in Midtown. The Harvard-educated former professional athlete was waiting for a car ride and had just finished an interview with a magazine writer. Continue reading
Posted on September 17, 2015 by Jeffrey K. Kestenbaum
Two patient deaths at a UCLA hospital have been linked to two medical scopes that still carried deadly bacteria, despite being properly disinfected, according to a recent CNN News report. Seven hospital patients have been infected with the superbug, known as carbapenem-resistant Enterobacteriaceae (“CRE”), at the hospital including the most recent deaths. According to the Center for Disease Control and Prevention, CRE can kill up to half of the patients who contract this deadly bacterium.
If you or someone you know has been injured due to the negligence of another, contact an aggressive Brooklyn personal injury lawyer right away. Continue reading
Posted on August 29, 2015 by Jeffrey K. Kestenbaum
The ranking of hospitals is beneficial to the consumer public, according to a recent U.S. News & World report. With just under 100,000 patients admitted to U.S. hospitals on a daily basis, it is important to know how the facility you may be visiting compares to others. Hospitals are ranked nationally and regionally, according to the report. The reason why hospitals are ranked is because almost two million people annually need the services of inpatient hospital care for a number of medical conditions that, when treated, may pose an increased risk of harm or even death. If you or someone you know has been injured as a result of the negligence of another, contact a skilled and experienced Bronx personal injury lawyer right away.
How the Hospitals Ranked
The rankings were based on 16 specialties in which hospital care is given and included:
• Cancer;
• Cardiology and heart surgery;
• Diabetes and endocrinology;
• Ear, nose and throat care;
• Gastroenterology and GI surgery;
• Gynecology;
• Geriatrics;
• Nephrology;
• Neurology and neurosurgery;
• Orthopedics;
• Pulmonology;
• Urology;
• Ophthalmology;
• Psychiatry;
• Rehabilitation; and
• Rheumatology.
The first 12 specialties were rated on data, while the last four were ranked solely based on reputation. A total of 4,716 facilities were analyzed using this information. The hospitals that were ranked regionally listed the facilities that were best in states and major metropolitan areas. The national rankings found that only 137 U.S. hospitals performed well enough to be nationally ranked in at least one specialty; 220 were found to be high performing in one or more specialty; and only 15 qualified for an honor roll ranking. The factors considered included reputation with specialists, patient survival rate, patient safety, and other care-related indicators.
Do Your Research
While the rankings are helpful to consumers, it’s important to understand that they are a starting point for patients. In fact, each year thousands of people are injured or killed as a result of negligence. In fact, New York State ranks top in the nation for medical malpractice payouts according to a study, ranking above Pennsylvania, New Jersey, Maryland and Connecticut in this area. Medical malpractice is the sixth leading cause of death in the U.S.
According to New York law the time in which a lawsuit may be filed before it is forever banned, known as the statute of limitations, is 2.5 years from when the injury occurred or at the end of continuous treatment during which the act that caused the injury occurred. There is an exception to this rule, however. When a foreign object is left in a patient’s body after surgery, patients must bring a medical malpractice claim within one year from the date the foreign object is discovered. There are other exceptions that may apply so contacting a reputable personal injury lawyer in the Bronx immediately following the incident is always a good idea.
The most knowledgeable personal injury lawyers Bronx residents can rely on will help you recover compensation due to you if you have experienced medical malpractice. Personal injury affects millions of Americans each day. Unfortunately, liability is not always clear as these types of cases can be as unique as the individuals or organizations involved. For this reason, if you or someone you know has been the victim of personal injury due to the negligence of another especially if that negligence was committed by the very people that were relied on for healthcare, contact one of the most aggressive and experienced personal injury lawyers Bronx has to offer. The lawyers at the Law Office of Jeffrey K. Kestenbaum provide legal services throughout New York, including Brooklyn and the Bronx and handle several different types of accident cases. Click or call (718) 237-5586 today to schedule your initial free case consultation.
Posted on July 14, 2015 by Jeffrey K. Kestenbaum
In what is just the latest of abnormally dangerous construction-related accidents this year in New York, a recent incident in early June resulted in a 12-ton heating and air-conditioning unit plummeting 30 stories onto Madison Avenue. According to a New York Times report, the number of construction accidents has been on the rise. New York City’s Building Department (NYBD) has recorded eight fatal construction-related accidents just in 2015, the highest it has been since the 2008 boom.
If you or someone you know has been injured in a construction-related accident in New York, whether as a worker or an innocent bystander, contact one of the most experienced construction accident attorneys Brooklyn has to offer. Continue reading
Posted on June 24, 2015 by Jeffrey K. Kestenbaum
Early one Sunday morning, on Madison Avenue between East 38th and 39th streets, an industrial air conditioner that was being transferred by a crane plummeted almost 30 stories after a cable snapped. Ten people were injured, including two construction workers and eight pedestrians, as a result of falling debris, according to a NBC New York report. Mayor de Blasio, who spoke at a press conference at the scene of the accident, announced the City would be conducting a full investigation as to the cause. If you or someone you know has been injured due to the negligence of another in a similar situation, contact the most aggressive accident attorneys Brooklyn has to offer. Continue reading
Posted on May 15, 2015 by Jeffrey K. Kestenbaum
Playgrounds in New York provide children and their families with a healthy, enjoyable form of outdoor entertainment. Playgrounds, however, can also pose significant safety and health risks for children if they are not properly maintained. For example, injuries can occur from improperly maintained surfaces or protruding nails from playground equipment. Notably, injuries at playgrounds in New York have become an increasing problem. Continue reading
