Nursing Home Injuries – Bedsores

Posted on May 8, 2012 by glmain

When your parent or loved one can no longer take care of themselves, and must go into a nursing home, you expect that they will receive a decent standard of care, that their last days won’t be spent in needless pain and suffering. Unfortunately, nursing homes are businesses, and often put profit ahead of providing the highest levels of care.

One of the most debilitating conditions for individuals in nursing homes is bedsores, known medically as decubitis ulcers. An individual who is bedridden, for any condition, must not lie in the same position for lengthy periods of time. If this happens, sores can develop, which not only can be quite painful, but can develop infections, leading to very serious health concerns. Because many nursing homes are understaffed, lack appropriate procedures for avoiding bedsores, or are staffed by personnel who lack the necessary qualifications or skills to minimize the risk of bedsores, far too many residents of nursing home facilities suffer needless injury.

If your loved one has incurred bedsores in a nursing home facility, the lawyers at Sackstein Sackstein & Lee, LLP, can help. We have more that 60 years of experience protecting the rights of personal injury victims, including people who have suffered bedsores in a nursing home. We have recovered many substantial judgments and settlements for our personal injury clients.

The Duties of the Nursing Home

The owner and operator of a nursing home has a duty to act in a reasonable manner, taking appropriate steps to minimize the risk of injury to residents. This requires that the facility have proper measures in place to monitor for and alleviate the risk of bedsores or decubitis ulcers. A nursing home facility should have a regular schedule for seeing that bedridden patients are checked for signs of potential bedsores, and that residents are moved or rotated in their beds. The nursing home also has a duty to ensure that staffing levels are sufficient to ensure that all bedridden patients are monitored and moved in a timely manner, and that all personnel have the skill and training to complete the tasks necessary to minimize the risk of bedsores.

Recovering Compensation for Nursing Home Bedsores

To recover compensation for injuries related to bedsores, you must show that nursing home personnel were either intentionally derelict of duty, or that they negligently or carelessly failed to act to prevent injury. Because of the common knowledge of the likelihood of bedsores for immobile patients, the failure to have any procedures in place to address the risk of bedsores will likely constitute negligence.  Negligence may also be inferred from absence of training, from lack of supervision or from poor hiring practices.

Contact Sackstein Sackstein & Lee, LLP

To set up an appointment with an experienced New York nursing home bedsore injury lawyer, contact our office online or call us toll free at 888-519-6400. Your first consultation is free of charge.

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Helmet Laws in New York

Posted on May 3, 2012 by glmain

Under the laws of the state of New York, if you ride or operate a motorcycle, you are required to wear a protective helmet. The helmet must meet the requirements set forth in section 571.218 of the federal motor vehicle safety standards. If you are convicted of violating the helmet law, you may be sentenced to up to 30 days in jail and may face a $100 fine. It is also a violation of the law to sell, offer for sale, or distribute helmets that do not meet federal motor vehicle safety standards.

If you are injured in a motorcycle accident, and you were not wearing an approved helmet, you may not be able to recover full compensation for all your losses. Attorneys for the defendant, or for an insurance company defending such a claim, will argue that your failure to wear a helmet was a form of negligence, and that your own negligence contributed to your losses.

If you have been injured riding a motorcycle, and you were not wearing a protective helmet, you want to contact the experienced lawyers at Sackstein, Sackstein & Lee, LLP. We bring more than 60 years of personal injury experience to every case we handle. We focus on results, using our extensive knowledge, skill, experience and resources to help you pursue full and fair compensation for all your losses. In over six decades in practice, we have obtained numerous multi-million dollar judgments and settlements for our clients.

Recovering Damages after a Motorcycle Accident

To recover compensation after a motorcycle accident, you must show that the negligence of another person caused you to suffer loss. This requires that you provide evidence that another person failed to act as a reasonable person would under the circumstances. This may involve failing to obey traffic signals or traveling at an excessive rate of speed. This failure (known under the law as a breach of duty) must be both the actual and a reasonably foreseeable cause of your injury. In addition, you must show that you suffered actual losses.

When You Fail to Wear a Helmet

If you were riding a motorcycle without a helmet, and were injured because of the carelessness or negligence of another person, you will still likely have a claim for your injuries. However, defense attorneys will probably argue that your injuries would not have been as severe, had you been wearing a helmet. Obviously, this will only apply if you have head injuries.

Contact Sackstein Sackstein & Lee, LLP

To set up an appointment with an experienced New York motorcycle accident injury lawyer, contact our office online or call us toll free at 888-519-6400. Your first consultation is free of charge.

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Proposed Legislation for Licensed Elevator Technicians

Posted on April 24, 2012 by glmain

Author:Sackstein Sackstein & Lee, LLP

Our Family Serving Yours for Over 60 Years

Toward the end of 2011, we reported in our blog about several tragic elevator accidents in New York City that shocked the public and created widespread concerns about elevator safety. In December 2011, an office building elevator sprang upward as executive Suzanne Hart stepped into the car, crushing her between the elevator car and shaft. She died instantly. Later, an investigation revealed that technicians failed to re-engage a safety device after servicing the elevators that day. Another woman was seriously injured last year in a hospital elevator accident.

Evaluation of recent elevator accidents revealed that unlicensed technicians were working on elevator equipment because no NY laws were in place that set higher standards requiring professional training.

As reported in The New York Times, councilman from Astoria, New York, Peter F. Vallone, Jr. co-sponsored a bill requiring the licensing of elevator technicians and was quoted as saying, “We need to license people who work on equipment that literally holds your life.” At this time, fourteen states, including New York do not require elevator technician licensing. However, changes may be on the horizon.

Additional legislation proposed that elevators in residential and mixed use buildings must have braking devices that prevent cars from accelerating and hitting the tops of elevator shafts.

If you or a loved one suffers injury caused by an elevator accident, find out about your legal recourse. Consult an experienced New York City building accident lawyer about pursuing a personal injury or wrongful death lawsuit.

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What Distracted Doctors and Distracted Drivers Have in Common

Posted on April 5, 2012 by glmain

Author: Sackstein Sackstein & Lee, LLP

Our Family Serving Yours for Over 60 Years

Digital devices whether smart phones, ipads, or blackberries have interjected themselves into practically every phase of life for the technically savvy. People are so used to chatting, texting, or playing online games in a multi-tasking mode that many do not give a second thought to driving at the same time. New York recently passed a law that bans texting while driving. In an effort to tackle distracted driving, the National Highway Transportation and Safety Administration (NHTSA) erected a website at distraction.gov.

But what about operating on a patient or assisting a surgeon while talking on a cell phone, checking emails, or texting a friend?

A New York Times article reported that Perfusion, a cardio-vascular medical journal, surveyed 439 medical technicians about digital device use. It found that 55% who monitored bypass machines admitted talking on cell phones and 50% had texted during heart surgery. Yet 40% believed talking on cell phones during surgery was an unsafe practice and young medical professionals brought up in a digitally connected society seemed the most prone to device distraction.

The article also reported that recently, a Denver medical malpractice lawyer brought a malpractice case a surgeon that left his client partially paralyzed. The attorney argued that a neurosurgeon’s cell phone chat was a distraction during surgery that resulted in medical errors.

Distraction can lead to legal consequences

When facilitating receipt of medical information, digital devices serve an important purpose. However, when distracting medical professionals from delivering effective treatment, they can jeopardize the patient.

If you suspect a medical professional’s distraction resulted in malpractice, consult an experienced New York medical malpractice attorney about a taking legal action.

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When You Have Been Injured in a Motorcycle Accident

Posted on March 28, 2012 by glmain

There’s little that compares to the freedom you can feel when you hit the open road on a motorcycle. Unfortunately, even though awareness programs have put other drivers on notice of the risk of injury to bikers, many motor vehicle operators simply don’t pay proper attention to the rights of motorcycle operators. The consequences are often serious.

At Sackstein, Sackstein & Lee, LLP we bring more than 60 years of experience to people throughout Nassau County who have suffered a personal injury. We place an emphasis on results, using our considerable skill, knowledge, experience and resources to help you get the outcome you want. In our decades in practice, we have obtained many multi-million dollar judgments and settlements for our clients.

Identify All Potentially Responsible Parties

Many motorcycle accidents don’t involve an actual collision. You may have another driver veer into your lane or turn in front of you, and lose control of your bike in your efforts to avoid a collision. Another driver may pass you too closely and blow you off the road with their draft.  You may have a mechanical defect in your bike that leads to serious injury.

An experienced lawyer will know how to identify the specific causes of your accident, and probably will travel to the scene, if necessary. You want an attorney who can bring in expert witnesses as well, such as accident reconstruction specialists or engineers, medical experts or financial professionals, so that you get all the compensation you need and deserve.

Getting Full and Fair Compensation for Your Injuries

Many of the injuries sustained in a motorcycle accident will be readily apparent. However, because of the limited protection you have on a bike, the risks of serious and catastrophic loss are substantial. You want an attorney who will make certain that you take the steps necessary to identify any potential injury, particularly any trauma to your brain or spinal cord. Brain and spinal cord injuries can take weeks, months or even years to fully manifest. An experienced lawyer will have you seek appropriate medical treatment immediately, so that any symptoms of serious injury can be identified as early as possible.

Contact Sackstein Sackstein & Lee, LLP

To set up an appointment with an experienced New York motorcycle accident lawyer, contact our office online or call us toll free at 888-519-6400. Your first consultation is free of charge.

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Surgical Errors

Posted on March 12, 2012 by glmain

When you have an injury or illness that requires surgery, you know that there’s no guarantee that an operation will be successful. You don’t expect, though, that your condition will worsen, that your life may be threatened, because of the careless or negligent actions of a doctor, nurse or other medical worker. Unfortunately, mistakes are still fairly common in operating rooms across the United States.

At Sackstein, Sackstein & Lee, LLP, we bring more than 60 years of experience to people throughout Nassau County who have been injured as a result of medical malpractice, including surgical mistakes. We place an emphasis on results, using our considerable skill, knowledge, experience and resources to help you get the outcome you want. In our decades in practice, we have obtained many multi-million dollar judgments and settlements for our clients.

The Common Types of Surgical Negligence

Even though hospitals and medical facilities understand the many risks associated with surgical procedures, they still fail to put proper procedures in place or provide the supervision or training necessary to avoid incidents of surgical error. The most common types of surgical mistake include:

  • Operating on the wrong body part
  • Performing the wrong surgery on a patient (surgery that was supposed to be performed on someone else)
  • Failing to provide a sterile environment, resulting in unnecessary infections
  • Leaving surgical tools or implements in a body cavity
  • Failing to conduct a proper work-up to determine allergies or other health-threatening concerns
  • Improperly administering anesthesia or any type of medication

Seeking Full and Fair Compensation for Your Injuries

The injuries suffered because of surgical negligence can be severe. An infection can lead to the loss of a limb, a long-term battle with sepsis, or even death. You may need lifelong care, or lose the full use of limbs, eyes or other body parts. You may be unable to return to work.

To get the all the compensation you need, you may need the testimony of other medical experts, individuals who can help a jury understand what the proper standard of care should have been, and why the care you received fell short of that standard.

Contact Sackstein Sackstein & Lee, LLP

To set up an appointment with an experienced New York surgical malpractice injury lawyer, contact our office online or call us toll free at 888-519-6400. Your first consultation is free of charge.

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Accidents Involving Spinal Cord Injury

Posted on March 8, 2012 by glmain

A spinal cord injury, no matter how serious, can have a devastating impact on your life. Even a bruise to your spinal cord can lead to swelling and numbness, loss of motor skills or even temporary paralysis.

At Sackstein, Sackstein & Lee, LLP, we bring more than 60 years of experience to people throughout Nassau County who have suffered serious and catastrophic injury, such as spinal cord trauma. We place an emphasis on results, using our considerable skill, knowledge, experience and resources to help you get the outcome you want. In our decades in practice, we have obtained many multi-million dollar judgments and settlements for our clients.

The Common Causes of Spinal Cord Injury

The leading cause of spinal cord injury is motor vehicle accidents, which account for about two out of every five spinal cord injury claims. Almost a third result from slips and falls. Workplace injuries factor into many as well.

The Types of Spinal Cord Injuries

A spinal cord injury can range from a contusion or bruise to the severing of the spinal cord, though these types of accidents are rare. You can suffer complete loss of movement or sensation below the site of an injury without having your spinal cord cut. A severe bruise can cause swelling that impinges nerves in the spinal cord. In addition, if you suffer a loss of blood to your spinal cord, you may lose feeling or motor skills. Inordinate pressure (from swelling or any other source) can also result in complete spinal cord injury.

An accident can lead to damage to individual nerve cells, which often results in numbness or tingling around the area where the nerve is located.

The Impact of a Spinal Cord Injury

Many of the effects of a spinal cord injury are immediately apparent, such as paralysis, loss of motor skill control, numbness or loss of sensation. Though your condition may improve (unless your spinal cord is severed), there are still often long term consequences of a spinal cord injury. One study showed that, five years after a spinal cord injury, nearly nine out of ten victims were still unable to work. After twenty years, only about a third were gainfully employed.

Contact Sackstein Sackstein & Lee, LLP

To set up an appointment with an experienced New York spinal cord injury lawyer, contact our office online or call us toll free at 888-519-6400. Your first consultation is free of charge.

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Serious or Catastrophic Injury Claims

Posted on February 28, 2012 by glmain

If you or a loved one has suffered a serious or catastrophic injury, you want an experienced lawyer to help you pursue full and fair compensation for all your losses. With a serious or catastrophic injury, there will likely be financial needs not associated with soft tissue injury, or sprains or strains. If you have suffered traumatic brain injury (TBI) or damage to your spinal cord, you may need permanent or long-term care, or need to retrofit your home or vehicle to accommodate a wheelchair.

At the law office of Sackstein, Sackstein & Lee,  LLP, we have brought sound and effective counsel to people on Long Island for more than 60 years. We have a longstanding reputation for getting results, and have successfully obtained numerous multi-million dollar judgments and settlements for our clients. We work closely with you throughout the legal process, keeping you fully informed of all developments in your case, as well as your options and likelihood of success.

Seeking Damages for a Serious or Catastrophic Injury

Serious and catastrophic injuries generally include brain or spinal cord injury, burns, paralysis, broken bones, and amputation or loss of limb.

When you have been injured because of the careless or negligent acts of others, you want to pursue compensation for all expenses or losses resulting from the injury. Typically, with injuries that are not permanent or long-term, you will seek recovery for any lost wages or income, any unreimbursed medical expenses, any property damage (in a car accident, for example), physical pain and suffering, and for any temporary loss of companionship or consortium. A serious and catastrophic injury, however, will likely lead to significant additional losses:

  • A brain injury can result in loss of motor skills or cognitive functioning. You may be unable to perform the simplest daily tasks, such as feeding or dressing yourself. You may require constant care and attention, not only to address basic needs, but to ensure your safety.
  • A spinal cord injury may make you either wheelchair or bed-bound. You may need to retrofit your home to accommodate your wheelchair. You may need continual attention to avoid bedsores or other similar conditions.
  • A serious burn injury can severely limit your mobility, and can leave you with substantial pain on a regular basis. The scarring or disfigurement that is typical with burn injuries may necessitate numerous or continuing surgical procedures.
  • Serious fractures or broken bones can lead to permanent loss of mobility, or of certain motor skills
  • Amputation or loss of limb can require prosthetic devices, or limit your ability to perform basic functions of life.

Contact Sackstein Sackstein & Lee, LLP

To set up an appointment with an experienced New York personal injury lawyer, contact our office online or call us toll free at 888-519-6400. Your first consultation is free of charge.

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Hospital Neglect – Failure to Diagnose

Posted on February 21, 2012 by glmain

When you seek medical attention for an unknown condition, you expect that your doctor will take the necessary steps to identify what’s wrong with you, so that you can get the treatment you need as soon as possible. Doctors have a protocol they are supposed to follow, so that they don’t miss potentially serious conditions, such as cancer, before they spread too far. Unfortunately, for a variety of reasons, doctors may fail to take reasonable measures to determine the specific nature of your illness. When you suffer needlessly because of a physician’s failure to diagnose a medical condition, you want an experienced lawyer to protect your rights.

At the law office of Sackstein, Sackstein & Lee, LLP we bring more than 60 years of experience to people who have suffered personal injury, including people who have suffered unnecessarily because of a hospital or doctor’s failure to diagnose a serious medical condition. We focus on results, using our experience, skill, knowledge and resources to get full and fair compensation for your losses. We represent families who have lost a loved one because of an undiagnosed medical condition.

Your Doctor’s Responsibility Regarding Diagnosis of Your Medical Condition

Statistics indicate the approximately two out of every five medical malpractice claims are based on a failure by a doctor or physician to properly diagnose a serious medical condition. The failure to diagnose can stem directly from the negligence of the doctor, who may either forget to order certain tests or unilaterally decide not to run appropriate tests. A doctor or a hospital may also elect not to conduct certain tests because your insurance provider won’t reimburse the costs of the test.

Your doctor must exercise the standard of care that a reasonable physician would, given the circumstances. This means that they must take all action that someone with the same training would consider appropriate and prudent. If it would be reasonable to order blood tests, they must do so. The failure to take reasonable measures will render a doctor liable for any subsequent injuries or suffering.

The failure to diagnose can apply to a wide range of conditions, including:

  • Cancer
  • Congestive heart failure or other heart conditions, such as blocked arteries
  • High blood pressure, leading to stroke
  • Hepatitis or other autoimmune diseases

Contact Sackstein Sackstein & Lee, LLP

For a private meeting with an experienced New York medical malpractice lawyer, contact our office online or call us toll free at 888-519-6400. Your first consultation is without cost or obligation.

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Concussion Injuries

Posted on February 14, 2012 by glmain

If you have been in a car accident, or have slipped and fallen on someone else’s property, you may have hit your head, either on the ground as you fell, or on the window or dashboard of the car. Even if you didn’t strike your head on something, you may start experiencing headaches, disorientation or nausea. The brain, though protected by your skull, is still an extremely delicate organ. Any type of violent movement of the brain can lead to a concussion. If not properly treated, the consequences can be serious, including death. You want an experienced lawyer to help you protect your interests.

At Sackstein, Sackstein & Lee, LLP, we have brought strong and compassionate legal counsel to people throughout Nassau County for more than 60 years. We place an emphasis on results, using our considerable skill, knowledge, experience and resources to help you get the outcome you want. In our decades in practice, we have obtained many multi-million dollar judgments and settlements for our clients.

How Do You Know if You Have Suffered a Concussion?

A concussion can be caused by a blow to the head, or even by a fall or other injury that causes your brain to move or shake violently inside your skull. How do you know if you have suffered a concussion? Some of the symptoms include:

  • Physical manifestations—The physical signs of a concussion include headaches or dizziness, as well as nausea or vomiting. You may also experience blurred vision, or have sudden enhanced sensitivity to light or sound. A concussion can also lead to balance problems, or to the loss of energy.
  • Cognitive signs—After a concussion, you can experience a wide range of changes in mental function, such as an inability to concentrate or a decrease in short-term memory. You may find it difficult to process simple ideas, or have a feeling that you are thinking in slow motion.
  • Changes in your sleep patterns—A concussion can make it difficult to fall asleep, or it may make you tired all the time. You may also find that your sleep is not restful.
  • Emotional changes—In the aftermath of a concussion, you may be prone to rapid mood swings, and may find yourself easily upset or angered. You may also find that your emotions are more extreme, that you are either very sad or very happy. Concussions can also increase nervousness or anxiety.

Contact the Lawyers at Sackstein Sackstein & Lee, LLP

For a confidential meeting with an experienced New York personal injury attorney, contact us by e-mail or call our office toll free at 888-519-6400. We do not charge a fee for your first consultation.

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