Budget Cuts for Free Cancer Screening Clinics in New York Could Put Patients' Lives at Risk, Says New York Medical Malpractice Lawyer

Increased strain on the system will increase misdiagnosis or late diagnosis of cancers and infections, says Preston Douglas of New York Cancer Malpractice Lawyers Gurfein Douglas LLP

New York, NY (PRWEB) May 10, 2009 -- Recent budget cuts in New York State's free cancer screening program will not only cause delays in breast, colon and cervical cancer screening for thousands of New Yorkers, but according to one New York personal injury lawyer, the added money and time pressure placed on the system will likely lead to slap dash testing procedures and test results that get lost or slip through the cracks.

According to Preston Douglas, partner in the New York personal injury law firm of Gurfein Douglas LLP, the philosophy of modern medicine is all about the cost.

"Poor people can't afford Park Avenue doctors," Douglas said. "They depend on these free clinics for their healthcare needs. When budgets get cut more people are hurt and die. That's the way I've seen it work in my 35 years in practice and there is no reason to expect the situation to change now despite what the Health Department would like us to believe."

Douglas said that misdiagnosis, or late diagnosis of cancers and infections are the two most common errors doctors make and, coincidentally, they are the illnesses that can result in the worst harm to patients.

"There are practical ways to detect these illnesses," Douglas explained. "But to do it effectively, a logical path of diagnosis must be followed. This is where breakdowns happen, and mistakes are made, when there's not enough money to go around."

While delays alone in routine diagnostic testing may not put the State at much risk for liability claims, a misdiagnosis or misreading of data and images can end up costing the provider, and the patient who was misdiagnosed, plenty.

"When claims of medical malpractice arise," Douglas said, "we look at the harm that was done and the nature of the care that was given before any legal papers are filed. People who call a medical malpractice attorney, rich and poor alike, frequently know what was done wrong to them and can give specifics in a clear way.

"Since nobody knows the exact moment when a cancer changes from localized to incurable metastatic," he added, "it is essential that the paper trail between labs, doctors and patients be traced to be able to determine if any breakdown, or delay in follow-up procedures, made a difference in the health and survival prognosis of the patient."

Douglas explained that in the case of cancer, it is generally accepted that the delay, depending on the type and location of the cancer, must be on the order of one year to make a difference.
"This is entirely different with an infection," he said, "which can change from treatable to critical in a matter of hours."

Before a patient can file a medical malpractice claim, the doctor's care of the patient must be reviewed by a medical expert to see if the doctor deviated from the accepted standard of care. Whether there was medical negligence or deviation from the standard of care will depend on the type of illness and whether the delay caused a change in the patient's chances of survival.

In general, he points out, academic specialists inside hospitals make fewer mistakes than doctors practicing in outlying areas.

"It really does come down to geography in many instances," he said. "Doctors in suburban and rural areas tend to be in the business of moving patients in and out of their offices as fast as possible in order to make the most money.

"As for doctors in the best urban teaching hospitals," he added, "I don't see any particular specialty area making more diagnostic mistakes than any other, except maybe emergency departments. These people are under pressure to make a diagnosis and treat in the shortest time possible. Sadly they are often wrong."

Douglas, whose New York City law firm has handled many cases of cancer malpractice, recommends that patients should call a lawyer if they have had a bad outcome they feel is due to a neglect or error by their doctor, or clinic, or hospital, or any other healthcare provider. And if a lawsuit is filed, he explained, clients should know that it could take several years to complete.

"On television," he said, "the plaintiff is in court by the third commercial break. That's not real life. We prepare our clients to go on with their lives as best they can while the case proceeds, and we help do whatever we can for them to make their lives easier and livable.

"In the meantime," he added, "we have to get records and read them. Then we send the records to the appropriate specialists for their opinions. Then, if we believe there has been malpractice, we will start a lawsuit. The preliminaries could take many months. Then there will be depositions of all parties. And, finally, there's a trial if the case can't be settled. But expecting an early settlement is probably unrealistic."

Recent Attack Puts Pet Owners on Notice, Warns New York Personal Injury Lawyer

Recent pet chimpanzee attack on a Connecticut woman may make pet owners more liable in the future, according to New York Personal Injury attorney Richard Gurfein.

NEW YORK, NY (March 22) --Grabbing all the headlines lately was the tragic story of a Stamford, Conn. woman who was horribly mauled by her friend's two-hundred-pound pet chimpanzee and hospitalized with life-threatening injuries.

For one New York City personal injury lawyer, this unprovoked and brutal attack on the 55-year-old woman by a pet chimp, once featured in television commercials for Coca-Cola and Old Navy, calls into question the larger legal issue of pet ownership and responsibility, and the rights of victims of an animal attack to bring a civil suit against the pet's owner.

According to Richard Gurfein, a leading New York personal injury lawyer, in order to recover damages, the victim of an attack must prove that the owner was aware of the pet's "vicious propensities" based on the prior behavior of the animal.

"The owner of any animal," Gurfein said, "is responsible for all of the damages caused by the animal, when the owner knew, or should have known, the animal was capable of being vicious and could cause injury to a person. "The owner of such an animal," the New York accident attorney added, "can be found negligent just as in any other accident, like an auto accident, or a trip and fall, where negligence is a cause of injury to someone."

In the wake of the highly-publicized chimp attack, the U.S. House of Representatives made its first official move to ban humans from owning primates as pets, overwhelmingly voting in favor of passage of the Captive Primate Safety Act, which prohibits people from buying, or transporting primates across state lines to keep as pets. The Humane Society of the United States applauded the bill, which passed by a vote of 323 to 95.

But primates aren't the only animals that have been known to attack humans.
Gurfein noted that a study by the New York City Department of Health found that there were 6,568 dog bites reported in 1998. Of that total, 95% took place in the five boroughs with 28% reported in Brooklyn, 25% in Queens, 19% in the Bronx, 13% in Manhattan and 5% other.

Bites are the most common type of injury people suffer from an animal," Gurfein explained. "Dog bites represent a major source of morbidity, mortality, disability and healthcare cost in New York City.

"Not only are there medical costs," he added, "but the associated pain and suffering takes it's toll, particularly if the victim is a child."

Gurfein said that dogs could be classified as dangerous based upon its actions, its breed, or the actions of its owner. Depending on the jurisdiction, the owner of a dog that has been classified as "dangerous" is required to act as a reasonably prudent owner in protecting others from their pet. The law doesn't require the pet always act viciously. All the law requires is that the pet displays the propensity to possibly harm others. In these cases the owner must take care to avoid injury to those with whom the pet may come in contact.

Through January 20, 2002, the most recent data available from Animal People, an animal advocacy organization, pit bulls terriers and Rottweilers together appear to commit about two-thirds of the reported animal attacks on humans in the U.S.

The organization classifies "severe injury" as any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

The New York City Administrative Code provides for the regulation of dangerous dogs. The Commissioner of Health is empowered to conduct hearings to determine if confinement, destruction or a less harsh penalty is appropriate in any given circumstance. The intent of the law is to protect the citizens of New York from unwarranted attacks and injuries by pets whose owners should know they pose a threat.

OOOPS, SORRY. WRONG GUY!

New York False Arrest Lawyer Advises Victims of Their Rights

NEW YORK, N.Y. (Jan. 22) -- It can happen to anyone. It happened to a Manhattan doctor who was paraded in front of TV cameras in surgical scrubs after being accused of sexual abuse. It happened to a decorated former DEA agent who charged that Bronx cops arrested him for drug dealing after a run-in over a parking ticket. It happened to a Haitian immigrant who claims he was stopped and beaten by two police officers who thought he committed a robbery. As it turns out, none of these individuals were guilty of the crimes they had been accused of committing.

These reports, and hundreds of other stories like them, are the sad tales of people who became the unsuspecting victims of false arrest in New York City.

"While the number of false arrest claims in New York City have been trending downward steadily over the past few years," Richard Gurfein, a New York false arrest lawyer explained, "it doesn’t change the fact that every day innocent people become the target of police and private security misconduct, such as false arrest and false imprisonment. And, when they do, it can mean big trouble for the victim."

Gurfein, who represented a New York man returning home to his Harlem apartment, and for no reason other than being in the wrong place at the wrong time, this innocent man was yanked from the back seat of a gypsy cab by the police and struck on the head with the butt end of a cop’s service revolver, urges victims of false arrest to insist on being represented by an attorney as soon as the arrest takes place, and at all stages of the proceeding.

"If you are arrested, don’t say anything," Gurfein advises. "The smartest move is to speak with a false arrest attorney so as not to jeopardize a possible false arrest claim after the resolution of the criminal complaint."

By definition, he said, a false arrest is a civil tort that consists of an unlawful restraint of an individual’s personal liberty or freedom of movement by another purporting to act according to the law.

"The moment your liberty is restrained wrongly, a claim arises, "Gurfein said. "The value of a false arrest and/or false imprisonment claim, or a claim for malicious prosecution, will depend on the specific facts of the case."

This is all the more reason why Gurfein strongly advises people who are arrested to say nothing to anyone until they speak with a false arrest lawyer.

"In clear cases of false arrest or mistaken identify," he advises, "it is in the best interest of the victim to have a false arrest lawyer review the situation first and decide the proper course of action."

Gurfein said it is not uncommon for him, in situations where an innocent client is pending an arraignment, to get his client a criminal defense attorney who will make sure his client’s personal injury claim will not be prejudiced.

"Criminal defense lawyers may be more concerned with keeping their clients out of jail, and could resort to negotiating plea agreements even if their client didn’t do it" Gurfein explained.

"But remember this," he emphasized. "Any plea deal, which means the victim has agreed that they are guilty of something, means their arrest was legitimate. If that happens, the victim cannot file a claim for false arrest.

"My focus as a New York false arrest lawyer," he continued, "is on protecting any future claim that might arise out of the situation, including damages for mental anguish, shame and humiliation, injury to reputation, physical suffering or bodily injuries, loss of earnings or business, medical expenses and legal expenses in defending the prior charge. If the police didn’t have reasonable grounds for the arrest in the first place and acted recklessly, willfully, wantonly or maliciously, the victim may even be entitled to punitive damages."

Clients need to realize that they always have a choice, Gurfein remarked.

"If your background and experience tells you the police can make a strong enough case for arresting you, which we call ‘reasonable cause,’ then the chances of winning a false arrest case are pretty small. Taking a plea deal to avoid jail may be the right choice for you. But if you take a deal it will end any chance you have of filing a civil suit for false arrest.

"You can either stand on your legal rights," he continued, "and not give up your right to be compensated for their wrongs, or plead out to some minor charge and avoid the risk of losing a criminal trial. Sure, it’s not always an easy choice. But it’s always a moral choice."

Gurfein noted that a Notice of Claim against a municipality, such as the City of New York, must be filed with the municipality within 90 days of the plaintiff’s release from custody.

"The statute of limitations for false arrest and imprisonment generally is one year," he said. "But if the defendant is working for a city and is covered by the General Municipal Law, such as a police officer acting within the scope of his authority, then the 90-day period controls."

Prominent New York Products Liability Lawyer Offers Tips for Keeping Kids Safe this Holiday Season

NEW YORK, NY (December 18, 2008) -- With only 8 shopping days left before Christmas and 4 days to the start of Chanukah, the rush to buy and wrap toys for the tots in your life isn't an excuse to put dangerous products into your child's hands at holiday time.

Nor is saving money, while a good idea, a reason for parents to get careless and overlook the importance of safe toys for kids.

"Take a moment and look online for product recalls, customer reviews, and reviews about the manufacturer," warns Richard Gurfein, a New York products liability lawyer and past-president of the New York State Trial Lawyers Association. "And be sure to visit websites provided by the government and concerned citizen groups that advise parents on toy safety, such as the U.S. Consumer Product Safety Commission," (www.cpsc.gov)

Just this week, Mattel Inc., the world's largest toymaker, agreed to pay $12 million to settle claims the company shipped toys tainted with lead paint to 39 U.S. states, according to the Massachusetts Attorney General's office.

"Everything from toys to children's furniture to cribs and even clothing can contain toxic levels of lead," Gurfein said.

The Mattel products, made by third-party contractors in China, contained lead levels of as much as 50,000 parts per million, according to court papers. New federal standards cut the permissible lead content to 90 parts per million from 600 parts per million.

"If lead is ingested by a young child," Gurfein explained, "it can cause a brain injury that can lead to significant learning disabilities and impede the progress of normal intellectual development."

Gurfein advises that if a child is injured by a toy, parents should seek medical attention immediately. He also advises parents to notify the U.S. Consumer Product Safety Commission and report the toy they found to be dangerous.

"After the child has received proper medical attention," Gurfein said, "parents should consult with a lawyer who has experience handling products liability cases.

"If the child's injury is caused by a dangerous product," he added, "it could result in an action against the manufacturer and anyone else who participated in putting the product into the 'stream of commerce. What's more, when a middleman gets involved with the product, like for example a retailer who explains a product's use, they become liable to the injured parties as well."

Gurfein cautions parents never to buy toys for very young children with parts small enough to fit through the cardboard tube on toilet paper role. He warns that these toys are not safe for children under 3, or for any child who still puts things in their mouths. "Even latex balloons can present a choking hazard for small children. Mylar balloons are safer," he said.

"Children under 6 years of age do not always play with toys in a safe manner," he explained. "Toys with sharp edges or pointed tips should be avoided. And, toys that run on batteries should be inspected to make sure that battery terminals don't come loose and rub against each other. If the two terminals do come in contact, they can cause the battery, and the toy, to overheat and burn an unsuspecting child."

As a father and grandfather himself, Gurfein recommends that parents follow these 4 simple steps to prevent some of the most common accidents to children caused by toys they receive as holiday gifts:

Step 1
Buy American.

It's a good way to make sure toys meet safety standards set forth by the federal government.

Step 2
Visit HealthyToys.org

HealthyToys performs independent safety tests and chemical analysis of common toys to determine their true levels of toxic materials, like lead. The HealthyToys.org consumer guide to toxic chemicals tested 1,500 toys in 2008, and found medium to high levels of cadmium, arsenic, lead, PVC or other harmful chemicals in a third of them. Lead was found in 20 percent of the toys tested. Healthy Toys also provides a list of the best and worst tested toys, reviews of independently tested products, and will even test specific toys upon request.

Step 3
Check for recalls.

Look online for recalls and customer reviews before buying a child a toy. Look for reviews of the manufacturer and for possible recalls of other toys they have produced.

Step 4
Shop Online.

Shopping online gives parents an opportunity to research as they shop. There are often a wider variety of healthy toys online than can be found in a department store.

Gurfein suggests that parents might also want to check out two additional websites that provide child product safety information: The U.S. Public Interest Research Group www.uspirg.org; and World Against Toys Causing Harm, or W.A.T.C.H www.toysafety.org.

WHO PAYS FOR LIVES LOST IN RECENT NYC APARTMENT BUIDLING FIRES?

Noted New York Building Accident Lawyer Richard Gurfein Singles Out No One, Yet!

NEW YORK, NY (Oct. 20) -- Two apartment building fires in New York City on the same weekend; seven people killed, including four young children and one child in critical condition; authorities trying to place blame for one of the fires on a 10-year-old boy who they claim was playing with matches; plus claims that fire detectors had been deliberately disabled by tenants of the buildings. Who’s to blame?

According to Richard Gurfein, the noted New York City building accident attorney, establishing liability in horrific situations like these usually cannot be determined until after fire investigators, who are trained to gather and interpret data at the scene of a blaze, have completed their investigation.

“Very often, “Gurfein said, “ when Gurfein Douglas, my personal injury law firm, is hired to represent a plaintiff in a premises liability matter like an apartment fire, we begin the preparation of the case by gathering all of the earlier claims made by the fire department, or by building inspectors, or the press. Our first step is to hire an expert in building and construction code compliance, and instruct the expert to check if there were any violations against the building at the time of the fire, or if the landlord had failed to maintain smoke detectors, or failed to install or maintain sprinklers, or if emergency fire exits were blocked or locked, or if the landlord did anything else that might have contributed to the blaze.

“Until the facts surrounding the cause of the fire have been confirmed scientifically, and until it has been established what, if any, building code violations had been ignored, determining who is at fault, and the degree of their liability, remains an open question.

“For this reason,” he said, “I advise anyone who has been injured in a building accident to cooperate with the authorities and call a lawyer as soon as possible.”

Gurfein explained that in the case of a building fire where people are injured, or killed, as was the case in the recent apartment house fires in Manhattan and in the Bushwick section of Brooklyn, the cause of the fire is always important in the eyes of the law.

“If the fire,” Gurfein said, “was caused by a defect that should have been spotted and corrected, then the landlord may be at fault. If there was defective wiring in the building that could have caused the blaze in Chelsea, then the fact that that 10-year-old boy might have been playing with matches in his kitchen might have nothing to do with the fire.”

Furthermore, when a firefighter is injured on the job, General Municipal Law 205-a provides the special right for the firefighter to file a claim if the injury, or death, is a result of willful neglect or omission by any person, or persons, who failed to comply with any of the statutes, ordinances, rules, orders and requirements of the federal, state, county, village, town or city governments, or of any and all of their departments, divisions and bureaus.

“If the cause of the fire is a landlord’s neglect, or worse, as in situations where landlords terrorize tenants by creating unsafe, unlivable conditions to get them out of the building, then a plaintiff has a pretty good case,” Gurfein said.

“On the other hand,” he added, “while innocent victims of a fire are not responsible for the outcome, anyone who causes a fire can be at least partly responsible for any injuries, or death, or property damage caused by the blaze. We call it ‘comparative fault.’

“In New York State,” he said, “if a defendant is found to be less than fifty percent at fault, they only pay the percentage assigned by the jury. On the other hand, if the defendant is more than fifty percent at fault, they are liable for one hundred percent of the judgment amount.”

Gurfein warned that if the cause of the Chelsea fire can be linked back to the 10-year-old boy only, it could dramatically impact the outcome of any personal injury claim that might arise out of this incident.

“The way the law reads in New York State,” he pointed out, “infants under the age of four years old are “non sui juris,” which means they are incapable of fault or negligence. On the other hand, a 10-year-old can be held accountable for his, or her, own actions.”

NOTED LABOR LAW ATTORNEY IN NEW YORK DEFENDS STATUTE AT ISSUE IN RECENT DEATH OF CRANE RIGGER ANTHONY ESPOSITO

NEW YORK, NY (Sept. 17) -- Labor laws in New York State, under constant assault by contractors and developers to weaken them further or repeal them altogether, already provide for limits on owner and general contractor liability under the statute and have been interpreted by appellate courts in favor of employers on numerous occasions recently, according to Richard Gurfein, a noted construction worker injury lawyer in New York and past president of The New York State Trial Lawyers Association.

To further compromise the law, which is the only such law remaining on the books in the United States, opponents of sections 240 and 241 of The New York State Labor Law, commonly referred to as the “Safe Place to Work Law,” or the “Scaffolding Law,” are claiming that these statutes establish an absolute liability standard on any contractor or property owner for a fall from any height by an employee, regardless of fault, and that the law deprives owners and contractors of their right to defend themselves against such claims.

“I know what they’ve been saying, but it just ain’t so,” Gurfein fired back. “Despite significant pressure on the state legislature to repeal the "absolute liability" section of Labor Law 240, an owner or contractor can be held responsible only when the failure to provide proper safety equipment was the cause of the injury, and not when the worker’s own action was the sole cause of the injury.”

The debate over the status of Labor Law 240 heated up recently when a construction worker fell about 400 feet to his death while he and others worked to lower a crane at a building site on the West Side of Manhattan. The worker, Anthony Esposito, 48, a crane rigger, was wearing a safety harness, but it was not attached to anything, according to the New York Buildings Department.

“Construction is a dangerous job,” Gurfein said. “State and local governments try to regulate construction sites, but when a worker’s choice is between working in unsafe conditions or refusing and getting fired, regulations get ignored.

“With proper safety equipment,” he added, workers should not fall off the 48th floor of a building under construction.”

Recognized by his peers as a leading personal injury lawyer in New York and an outspoken advocate for workers’ rights and safety, Gurfein has seen his share of serious worker injuries in his 30-plus years of private legal practice.

“We are relentless in our pursuit of justice for clients who have been seriously injured as a result of a fall at the work site, especially if the accident was caused by inappropriate or defective equipment, or took place at work site lacking the proper equipment,” Gurfein said.

In a recent case, Gurfein represented a union electrician who was assigned the task of drawing wire though a hole in the top of a wall, out of reach of the worker.

“To access the location,” Gurfein explained, “our client had to climb on top of existing ductwork. His employer didn’t have a ladder so he was told to ask the building custodian for a ladder. The ladder he was given lacked the required non-slip feet and slipped out from under him as he was coming down from the ductwork. He fell 10 feet to the floor, seriously injuring his knee.

“Without the necessary laws in place to protect workers who are injured due to the negligence of their employer, Gurfein added, “our client might not have gotten the relief he needed from the courts, without which he would not have been able to pay his bills, and care for his family, until he was well enough to return to work.”

For more information about Labor Law 240 & 241, and for information on what you can do to support laws in New York State that protect worker safety at construction sites visit: LAWYERS WITH AN EDGE.COM, and/or NYSTLA.org, the web site of the New York State Trail Lawyers Association.

In The Wake of Recent Drownings at New York Area Beaches Noted Personal Injury Lawyer Issues Warning to Owners, Operators and Bathers

NEW YORK, August 18 -- Sadly, the death of 10-year old Akira Johnson, who was swept out to sea early this month while paddling in the water at Coney Island – one day after four other bathers went missing in riptides at weather ravaged local beaches -- will likely not sound enough of an alarm to convince municipal authorities to redouble efforts to protect bathers’ lives, warned Richard Gurfein, a noted New York personal injury lawyer and former president of The New York State Trial Lawyers Association. Mr. Gurfein has represented and won numerous liability claims on behalf of clients against the City of New York in his more than three decades in private practice.

Gurfein noted that his safety warning extends to recreational bathers as well, who despite the inherent risks and unpredictable nature of ocean currents, will continue flocking to city beaches seeking relief from the heat and humidity in the few peak vacation weeks that remain of summer of 2008.

“The city and other beach owners,” Gurfein said, “have a responsibility to operate their bathing areas in a reasonable manner. If lifeguards are aware of a situation, be it an unforeseen current making swimming unusually dangerous, or a hidden problem such as a sudden drop-off under water because of dredging activities, they have a responsibility to warn bathers by every reasonable means at their disposal.”

But keeping New York area beaches safe for swimmers is not only the responsibility of the public authorities.

“It’s a two-way street,” Gurfein stressed,” “and swimmers have responsibilities too. I have seen situations in my 30-plus years in personal injury practice where bathers, or their families, have sued municipalities for injuries, or drownings at a city beach only to discover that the injured parties ignored warnings and acted irresponsibly.”

Gurfein cited a recent appellate case against Suffolk County where the courts dismissed the lawsuit because the swimmers ignored the fact that the beach was closed and the lifeguards had gone home. “They swam even though they were told swimming was prohibited after the beach closed,” Gurfein said.

“People have a right to expect that local municipalities will anticipate the likelihood of a strong undertow or current, or any other unsafe condition at a public beach, and limit or prohibit bathing in that area until conditions improve,” Gurfein added. All five incidents on New York’s South Shore, in Long Beach and on Coney Island, were tied to strong rip currents that were due to a powerful storm system that brought 8-foot waves to the area earlier in the week.

“How many drownings is it going to take,” Gurfein lamented, “before the city will apply appropriate standards of safety in places where large crowds of inexperienced bathers gather to play and cool off?”

“On the other hand,” he added, “bathers should always think safety first. The law says that people are expected to act reasonably. I would much rather see people disappointed but safe and alive, then see someone take a foolish risk and then try to bring a lawsuit because they got injured or worse.”