Blog

SPBMC Obtains a $9.7 Million Verdict in a Medical Malpractice Case Against a Hospital in Brooklyn

After a three-week trial, a Brooklyn jury has awarded $9.7 million to the two children of a 33-year-old woman who bled to death in Wyckoff Hospital. We proved that several doctors practicing at the hospital had examined her when she was admitted for a cesarean section to give birth to her second child. Several hours after the procedure a blood test showed that she had a 30% loss of her blood...Read More

What New Yorkers Need to Know About “Res Ipsa Loquitur”

Res ipsa loquitur is Latin for “the thing speaks for itself.” In legal terms, res ipsa loquitur is a doctrine of law that establishes a presumption of negligence if the individual had exclusive control over what caused the injury, even without evidence of negligence. It is potential grounds for a personal injury claim in New York State. The Doctrine of Negligence in Personal Injury Law Most...Read More

Liability for Driverless Cars in New York

By 2025, estimates place the partially autonomous vehicle market at a value of $36 billion. Partially autonomous vehicles are those with smart, driverless features such as automatic braking and lane recovery, but that still depend on a human operator. Companies such as Google, Uber, Toyota, GM, and Ford have all begun crafting plans for partial or fully autonomous vehicles, with many already...Read More

Evidentiary Standards and Burdens of Proof in New York

The structure of the New York civil justice system places the burden of proof in a personal injury case on the victim, or plaintiff. This means it is the plaintiff’s burden – or his or her attorney’s – to prove to a judge or jury that the defendant was at fault for the accident or injuries. Achieving the burden of proof takes fulfilling New York’s current evidentiary standard: a preponderance...Read More

Addressing the Opioid Epidemic in New York

New York, along with the rest of the country, is experiencing an opioid crisis. Opioids are drugs that contain opium, a painkilling substance that naturally occurs in the poppy plant. Prescription opioids include oxycodone, hydrocodone, morphine, oxymorphone, codeine, and fentanyl. Some illicit drugs are opioids, such as heroin. The nationwide opioid epidemic stemmed largely from patients...Read More

Parental Responsibility Laws in New York

Parental responsibility laws exist in every state. These laws cover the legal implications of damage or injury inflicted by a minor or child on a person, place, or thing. The laws apply to damaged places or items, as well as to persons who are injured. Of course, parents or legal guardians are held accountable – not the child (except in cases of juvenile delinquents over a certain age). It is...Read More

5 Safety Tips for Walking as a Pedestrian in NYC

New York City is incredibly busy virtually all hours of the day and night. The city is notorious for traffic congestion, but there is also an incredible amount of pedestrian traffic in New York City. It’s essential for all New York City pedestrians to keep a few best practices in mind to avoid injuries and accidents. Stay Alert NYC residents may be accustomed to navigating busy streets on...Read More

What Is No-Fault Car Insurance in New York?

Some states use a liability-based system for resolving car accident claims, and an at-fault driver’s insurance typically covers damages the policyholder causes. However, New York is one of several states that follow a “no fault” rule for car accident insurance claims. This means that a driver who suffers injuries and/or property damage in a car accident in New York will need to use his or her...Read More

What Is New York’s Good Samaritan Law?

In an emergency, an injured person may not be able to call for help and may need to rely on the intervention of passing strangers for assistance. Many states have enacted “Good Samaritan” laws that protect individuals who act in good faith to help others from undue civil or criminal penalties. New York’s Good Samaritan Laws can pertain to preventing a drug overdose death, administering a...Read More

What Is New York’s Right to Know Act?

In 2017, New York City Council passed the Right to Know Act, a new law aimed at improving relations between the New York Police Department (NYPD) and the members of the public who interact with them. The new law comes on the heels of the NYPD’s aggressive implementation of “stop and frisk” tactics. City Council members based the Right to Know Act on a 2013 decision from a federal judge who...Read More