This just in from NewsInferno:
The family of [Peter Cicero], who died from hepatitis C has been left to wonder if medical malpractice committed by Dr. Harvey Finkelstein played a role in his death. Finkelstein is the Dix Hills doctor who exposed patients-infecting at least one with hepatitis C-to blood-borne pathogen infections because of his practice of reusing syringes. Finkelstein, an anesthesiologist since 1981whose patient base reaches into the thousands, continues to practice at the Pain Care Center of Long Island and has admitting privileges at the New Island Hospital in Bethpage, the North Shore University Hospital in Plainview, and the Long Island SurgiCenter in Melville. Six of Finkelstein’s patients tested positive for hepatitis B and six for hepatitis C, according to the Nassau County Health Department.
Cicero, a former patient of Finkelstein’s had already sued the doctor because a botched procedure had left him paralyzed. The malpractice suit was ultimately settled in 2004; Cicero had received $975,000. Did the doctor not only paralyze, but also kill him?
Perhaps the courts will have to decide.
Attorneys hear it all the time: a long description of someone else’s carelessness, of injuries sustained, and of expenses incurred. Then comes the anxious question, “Can I sue?” The answer to that question is almost always “yes,” since, as a general rule, anybody can sue anybody for anything.
Of course, many prospective lawsuits have no chance of succeeding, and good lawyers advise against filing them. The real question, therefore, isn’t “can I sue” but “should I.”
While only an attorney can make that call, here are some questions to consider as you prepare to discuss a prospective personal injury lawsuit with your attorney (in rough order of importance)…
[read more]
Ten-year-old Dalton Nelson rushed onto a Utah baseball diamond to return a foul ball during a youth baseball tournament. He was accidentally clubbed in the head by a batter taking a warm-up swing. His parents sued, and won a $7 million settlement. [read more]
Everybody knows the facts of the "McDonald's Coffee Spill Suit" (at least they think they do).
We researched the case, and discovered that the reality is far removed from the commonly believed version—which we found is almost on a par with urban legends like the alligators in the sewers of New York. [read more]
If you win a personal injury lawsuit, the money that is awarded to you will consist of “compensatory damages,” or an amount designed to reimburse you for all the losses that you suffered on account of the accident or other event. In some cases, you may receive additional “punitive damages” that are intended to punish the defendant. [read more]
52-year-old Deborah Shank became permanently brain damaged and confined to a wheelchair in a collision with a tractor-trailer 7 years ago. She received a $700,000 settlement from the trucking company. After attorneys’ fees and other expenses, she was left with $417,000. This was far too little to cover her ongoing medical needs, but at least it was something. The money was placed in a special trust to partially fund Mrs. Shank’s care.
Using a technicality in her health insurance policy in effect at the time, her former employer, Wal-Mart, sought to get its hands on the money. They sued and succeeded. The money is now slated to go to Wal-Mart, leaving Mrs. Shank dependent upon what she can get from Medicaid and Social Security. [read more]
Lynn Flaherty went to her family doctor’s office, and complained of headaches and a nasal discharge—typical sinus infection symptoms. Apparently, the doctor didn’t even examine her, trusting instead in the “diagnosis” of her assistant. One thing led to another, and eventually Mrs. Flaherty had to have brain surgery. She sued for malpractice—and was awarded $3 million. [read more]
In a perfect world, justice would prevail easily and promptly, no matter what. But in the real world, justice must often be obtained through a long and complicated legal process. The people who are seeking to deny you justice–typically big corporations and insurance companies–are going to have formidable legal firepower on their side. If you don’t have a competent attorney working for you, you’ll be “outgunned,” and can easily lose no matter how good your case is. Here’s some advice on how to find such an attorney. [read more]
Christopher Puccio visited an Applebee’s in West Virginia, and warned that he was extremely allergic to fish. Allegedly, the restaurant’s staff ignored his warning and failed to clean its grill before preparing his food. He experienced a severe allergic reaction and is now suing the restaurant. [read more]
It’s happened. You’ve been injured. Now what? While every case is different, there are some basic “dos” and “don’ts” just about everyone should follow in a personal injury case. Here’s our 8 step guide. [read more]
