New York Personal Injury Attorney Blog
What is the Locality Rule and Is It Used in New York Medical Malpractice Cases?
When determining the applicable standard of care in a medical malpractice case, there is a concept followed in New York known as the “locality rule.” This rule places an importance on taking into account the standards of care within the geographic community (locality), in which the defendant physician or hospital is providing treatment. Basically, a…
Do New York City EMTs Have a “Duty to Act”?
While on the clock, New York City Emergency Medical Technicians (EMTs) have a “duty to act,” which means they are legally obligated to administer care to consenting individuals who are in need of it. However, like most states, New York does not have a similar law or policy in place for those who are off-duty….
What If You Miss the Filing Deadline for a Personal Injury Claim in New York?
The filing deadline created by the New York statute of limitations for personal injury lawsuits is critically important. Unfortunately, missing the deadline may leave you without the ability to pursue a claim and be compensated. When a personal injury claim is pursued after the statute of limitations runs out, the defendant will most likely react…
What are the New York Laws on Shared Fault?
Determining who was at fault is a vital element in a personal injury claim in New York City. Once liability is assigned, it will typically determine how much each party will be responsible for paying for resulting injuries or property damage. When it comes to fault, New York is unlike many other states, in that…
Do You Know Who is Taking Care of You in the Hospital? Part One
The days of having your own physician coordinate your care when you are a patient in the hospital have long passed. If you have been admitted to the hospital recently, you may have experienced a situation where you did not see your primary care physician—maybe they did not even know that you had been admitted…