What happens if, as a result of negligence, a person dies in the State of New York but they do not have any immediate family members to administrate their estate? Does, any potential lawsuit against a third party become lost? The short answer is no, the opportunity for a lawsuit does not become lost, but the process in which to initiate a lawsuit becomes much more complicated. The following is a brief overview of the process for filing a wrongful death lawsuit when a person dies without a will and without a distributee who is also a qualified person to administrate the estate under the New York EPTL.
In current medicine it is extremely common for persons who have developed ventral hernias due to prior surgery, child birth or injury to undergo a hernia repair operation where the surgeon elects to use a mesh patch to repair the hernia. History has dictated that this is a relatively safe procedure if done properly using generally accepted procedure, but can be extremely dangerous or even deadly if done improperly.
Unfortunately, it happens, your case gets marked off the trial calendar. Even worse, it happened through no fault of your own. How so? Your action was consolidated with other cases, and while you have been timely complying with adversary demands and court orders, the other plaintiffs are no so diligent. The result – the note of issue is vacated and all the consolidated cases are marked off the calendar as a result of the other plaintiffs’ failure to comply with orders and/or reply to demands.
Most lawyers are well aware that when a motion in decided in their clients favor they have an obligation to serve that order on opposing counsel with notice of entry. “Where the rights of a party are or may be affected by an order, the successful moving party, in order to give validity to the order, is required to serve it on the adverse party” ( McCormick v Mars Assoc., 25 A.D.2d 433). Moreover, “[T]he party prevailing on the motion shall file the order and the papers used on the motion with the proper clerk after receiving them. If a party fails to file any papers required to be filed under this subdivision, the order may be vacated as irregular, with costs.” CPLR § 2220(a). So what are the ramifications of failing to serve your adversary with the Court’s decision? In some instances the consequences may be dire.
For many years patients who suffer from deep vein thrombosis have been electively placing filters in their inferior vena cava to prevent a blood clot in a patient’s lower extremities from breaking off and entering their lungs. An IVC filter is commonly used when a patient does not respond well to blood thinners or is at risk of falling which could dislodge the blood clot.
Up until recently this procedure has been classified as a relatively safe procedure with very little risk of an adverse effect. Recent studies have shown that many of the filters on the market today have become increasingly susceptible to migration, perforation and disassembly. This means that the side effects of having an IVC implanted may be much more severe than was originally thought. In order to understand what this means and how it effects a possible patient you must understand how the filter is put in place and how it works.
Modern medicine, in the form of prescription drugs, can be a life saver. Prescription drugs, when properly administered, can relieve many debilitating ailments, allowing individuals to live a satisfying and productive life. Without prescription drugs many people would not be able to live, work, play and carry on their daily activities. Prescription drugs can alleviate pain, cure infections, treat virus, and provide myriad other benefits such as minimizing the risk of more severe medical problems.
Most people assume that surgeons are employed by a specific hospital and if the surgeon commits malpractice that the hospital will become automatically responsible for the surgeon’s negligence under the legal theory of vicarious liability. Under most common forms of employment an employer is responsible for acts of negligence committed by their employees. Vicarious liability normally applies when the employee negligently performs their duties as defined by their employment and causes another injury. This is not the usual case with a surgeon and a hospital.
Many factors go into determining the monetary value of a personal injury lawsuit. Basically, in New York the only remedy for an injured party in a personal injury lawsuit is money damages. This requires a value to be determined for the injured party’s loss. Your attorney must create a dollar amount that they think your case is worth. If your case ever goes to trial, a jury will be asked to evaluate the facts of the case and determine if the defendant is liable and if so, they will be asked to render a dollar amount to compensate the plaintiff for their damages. In order to evaluate the value of a case an attorney must take into account many different variables.
In the context of civil litigation, often times the need arises to enter municipal records into evidence. For example, our firm recently represented a client in a medical malpractice action; as a result of the malpractice, the client required a home health aid for the remainder of her lifespan, a hefty amount of damages if sufficiently non-speculatively established at trial. While there are a number of ways the cost of the health aid could be established, such as by expert testimony by an economist; however, experts are expensive and any money spent proving the case at trial ultimately gets deducted from the client’s recovery in the form on disbursements. To preserve as much money as possible for the client, while still proving the case, a better route is needed – luckily the CPLR and the City of New York provide the better way – CPLR §4518(c) and the City’s own records.
Many parents with infant children living in urban areas of New York are unaware of how lead poisoning can effect the growth of their child. Elevated lead levels in an infant’s blood can cause serious problems in their brain development. Moreover, many parents who have children diagnosed with elevated lead levels are unaware of how this poisoning occurs. The following is a brief scientific overview of the common causes of lead poisoning and how it effects a developing infant.
The infant brain is undoubtedly sensitive to lead. The rapid of post-natal central nervous system development coincides with a time when infants are engaging in a high degree of hand-to-mouth activity. Thus, young children living in environments where there are lead hazards can ingest significant amounts of lead dust at a time when their brains are most sensitive to the toxicant’s effects.