One of the many concerns about the health care reform bill that was recently signed by President Obama was that it might deprive those who have suffered devastating injuries or death due to the mistakes of doctors and other medical providers of their right to a jury trial. Fortunately, although the bill permits all states, including New York, to institute alternatives to jury trials in order to resolve medical malpractice lawsuits, it also provides that such alternatives are optional. This means that under the health care bill, plaintiffs in a medical malpractice suit will retain their right to have their claims heard and determined by a jury, a fundamental right under our Constitution. In addition, the proposal to institute caps (limits) on the awards for medical malpractice was defeated, thus ensuring that those who are severely injured due to malpractice will recover just compensation.

If you or a family member have suffered an injury due to medical malpractice please call our medical malpractice lawyers at Zucker & Bennett for a free consultation or contact us through our website at www.zuckerbennett.com.

Immediately after the attacks on the World Trade Center on September 11, 2001, thousands of selfless individuals bravely ventured to the site of Ground Zero to assist in the rescue and recovery efforts.  Unfortunately, many of these rescue and recovery workers performed this heroic work without  any protective equipment and without the proper clothing that we now know was necessary to keep them safe from the toxic debris and dust that they sifted through in order to save as many lives as possible.  As a result many rescuers and recovery workers became ill and suffered various long term and permanent injuries.

Under the law as it existed from 2001 through September 2009, rescue and recovery workers who suffered injuries or health problems as a result of their work at Ground Zero had only 90 days from September 11, 2001 to file a claim for compensation with the City of New York.  This requirement resulted in the rejection of claims brought by thousands of workers whose injuries and health problems did not surface until long after the 90 days period had passed.  Fortunately, on September 16, 2009, Governor Patterson signed what is known as “Jimmy Nolan’s Law.”  Mr. Nolan is a carpenter who spent weeks at Ground Zero assisting in the rescue efforts and has since developed severe allergies and respiratory problems.  This law extends the time for filing a claim for injuries and health problems suffered by Ground Zero workers as a result of their work at the site until September 16, 2010.  At Zucker & Bennett, we have more than 20 years of experience during which we have handled thousands of cases involving personal injuries.   We assure you that we will work hard to make sure that you recover the compensation you deserve for the injuries that you or a loved one have suffered resulting from this brave and heroic work. 

If you or a loved one has been injured as result of work performed at Ground Zero, and have not yet filed a claim, or if you have filed a claim that was previously rejected, please contact one of our attorneys at Zucker & Bennett.

There are special rules and procedures that must be followed when bringing a claim against the City of New York and the New York Health and Hospitals Corporation (NYCHHC). For personal injuries claims, a Notice of Claim must be served within 90 days of the accident that forms the basis of the claim. For medical malpractice claims, a Notice of Claim must be served within 90 days from the date the malpractice was committed or within 90 days from the last date the injured party was treated for the injuries resulting from the malpractice by the facility, hospital, or health care provider acting in behalf of the City of New York or NYCHHC. The court has the discretion to grant permission to file a late Notice of Claim. Such application must be made within a year and 90 days from the accident or from the last date of treatment, however such permission is not always granted.

In determining whether to grant the application to serve a late Notice of Claim, the court must weigh various factors, including the length of delay, whether the City or NYCHHC has been prejudiced in defending the claim by virtue of the delay, and whether there is a justifiable excuse for the delay. Ignorance of the law is not a valid excuse. After the Notice of Claim is served, and before any lawsuit may be commenced, the City and NYCHHC have the right to question the individual bringing the claim under oath and to have that individual examined by a doctor. A lawsuit must be commenced within a year and 90 days from the date of the accident or malpractice or from the last date of treatment for the injuries resulting from the malpractice by the facility, hospital, or health care provider employed by or acting in behalf of the City or NYCHHC. The courts have no discretion to extend the statute of limitations.

Examples of claims against the City include falls caused by a dangerous or defective condition on a public sidewalk where the city owns the abutting building or where the abutting building is a 1, 2, or 3 family home occupied by the homeowner and used only for residential purposes. In addition, a claim may be brought against the City for injuries caused by a defect or a pothole located in the street or in a crosswalk. The injured person must show that the City either created the defective condition or that the City had written notice of the defective condition at least 15 days prior to the date of the accident. Since 1982, the Big Apple & Sidewalk Protection Corporation has filed maps with the City identifying defects located on sidewalks, curbs, and crosswalks.

When making a claim for an injury resulting from treatment at a hospital or medical center owned and operated by the New York City Health and Hospitals Corporation, the same requirements must be met and the same procedures must be followed as when a claim is made against the city. Click the following link for a list of New York City Health and Hospital Corporation facilities- http://www.nyc.gov/html/hhc/html/facilities/directory.shtml.

If you or a loved one has been injured as result of a fall on a public sidewalk or as a result of medical malpractice at a hospital or medical center owned by the City of New York or NYCHHC, please contact our accident or medical malpractice attorneys at Zucker & Bennett, P.C.

Retinopathy of Prematurity (ROP) is a condition that can affect premature babies (babies born before 30 weeks of pregnancy) and can lead to visual impairment or even total and permanent blindness if not treated in a timely and proper manner. ROP is caused when abnormal blood vessels form that can cause detachment of the retina, the light-sensitive tissue that lines the back of the eye. All infants who are born before 30 weeks should be evaluated for ROP shortly after their birth by an ophthalmologist experienced and familiar with the treatment of ROP, such as a pediatric ophthalmologist or retinal specialist.

There are five stages of ROP, with stage 1 being the least severe and stage 5 being the most serious (total retinal detachment). Infants with stage 1 or stage 2 ROP often suffer no serious complications and require no treatment. However, if an infant suffers from a more advanced stage of ROP, timely intervention is crucial. If proper treatment is instituted, there is a very strong possibility that retinal detachment can be avoided and the infant’s vision preserved. ROP may be treated with laser therapy or with cryotherapy. In more advanced stages of ROP, (stages 4 and 5), surgery may be required. The American Academy of Pediatrics, the American Academy of Ophthalmology, and the American Association for Pediatric Ophthalmology and Strabismus offer guidelines for the time within an infant must be treated for ROP in order to minimize the chance of retinal detachment and ultimately visual impairment or blindness. If an infant is treated outside of these standards there is a greater chance of a negative outcome. However, if physicians appropriately and timely address and recognize ROP and its signs, the success rate for preserving vision is high.

Please contact one of our medical malpractice attorneys at Zucker & Bennett if your child or loved one has suffered a visual loss to ROP.