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Bedsores are a preventable condition

Do not be lulled into thinking that bedsores are not a serious threat to a person’s health.  Bedsores, pressure sores and decubitus ulcers are most often a sign that a patient is being neglected.  And where there is neglect, there’s a good chance that a hospital, nursing home or home care nurse is guilty of medical malpractice.

Because some facilities are understaffed, performing preventative care for bedsores, which can be as simple as just rotating a patient’s body, may not take place in a timely fashion. Sustained pressure on a person’s body cuts off circulation resulting in tissue being damaged.  That damage can be further compounded by a patient lying in soiled linens and clothes if they are not able to care for themselves.

This weakens the skin even more, and if left long enough, results in the affected tissue dying which produces ulcerated sores.  Unfortunately, if left untreated, bedsores can grow worse and may even lead to death in some cases.

The first step after you notice bedsores on a loved one is to seek immediate treatment.  This means confronting the facility where your family member is receiving care.  You may or may not get the response you’re seeking, but you should not be deterred.  In some instances, people are too intimidated to confront medical staff, and if that’s the case, you should bring a lawyer on board to represent your interests as soon as possible.

Experts agree that bedsores are completely preventable and under no circumstances should they be allowed to fester.  When neglect takes place that leads to bedsores, a patient, and their family has every right to seek legal recourse to compensate them for the negligence they’ve experienced.

Isaacson, Schiowitz&Korson LLP proudly serves New York City, including Manhattan, Brooklyn, Bronx, Queens, Long Island, Nassau and surrounding communities.  Contact us for a free consultation at (212) 267-6557.

Determining who is at fault in an elevator accident

One of the great tools of making New York a thriving city is the use of a simple invention known as an elevator.  It has enabled the city to go vertical and turned the Big Apple into a great modern day metropolis.

People who use elevators on a daily basis probably don’t think twice about stepping on and off of one.  That’s because they trust that building managers and maintenance companies have done their job to keep the elevators safe and in good working order.

In addition, elevators (and escalators) are strictly regulated by city and state officials.  Owners must abide by highly detailed and regulated codes and inspections designed to protect the public before they can put an elevator into use.

However, despite this level of regulation, sometimes elevator accidents do take place.  They can include falls, stoppages in between floors, being stuck in an elevator, electrocutions and falling debris.  When that happens, and you have sustained injuries, no matter how minor, you should contact a lawyer to discuss possible legal action.

Elevator accidents are guided by premises liability laws which hold building owners and related parties responsible when accidents take place.  But in most cases, because elevators are found in larger buildings, it is rarely a simple thing to point the finger at a single party.  While property owners may be easy to blame, they can then point the finger at maintenance contractors.  Contractors can also justify placing blame on manufacturers, creating an almost endless game of who is at fault.

That’s why it’s critical to hire an experienced premises liability lawyer. They can stop the merry-go-round of blame and drill down to the facts of a case, speeding up a settlement to you and helping in your recovery.

Isaacson, Schiowitz&Korson LLP proudly serves New York City, including Manhattan, Brooklyn, Bronx, Queens, Long Island, Nassau and surrounding communities.  Contact us for a free consultation at (212) 267-6557.

In a city of walkers, sidewalk accidents are bound to occur

In blistering cold weather or harsh heat, New Yorkers are a hardy lot, preferring to walk to many of their destinations, beating traffic jams and getting a good dose of exercise.

Unfortunately, because New York is a city that continues to age, infrastructure in general, and sidewalks, in particular, continue to require ongoing maintenance.  Sometimes that happens in a timely manner.  And sometimes it does not.

Despite all this wear and tear, municipal government and private property owners have a duty to provide walkers with safe and well-maintained sidewalks and walkways.  When this doesn’t happen, and people trip or slip and fall, they may be entitled to seek compensation.

More than just a matter of maintenance, liability for sidewalk accidents can be the result of:

  • Uncleared snow and ice that creates a slipping hazard
  • Debris that clutters up a clear passage
  • Faulty construction that may include an improper slope, use of poor or inadequate materials
  • Tripping hazards due to grates, sidewalk vaults or other similar infrastructure items
  • Poorly lit areas that make it difficult to see obstacles and hazards

An attorney may represent a client and file a lawsuit under premises liability laws which hold property owners and landlords accountable for not only sidewalk accidents, but for all kinds of accidents taking place on their private property.

It’s best not to delay either because there are statutes of limitations under New York law.  For example, a person has 90 days to file a claim if the sidewalk in question is owned by a city or a town.

Premises liability laws can be complex, and most property owners, especially commercial property owners, will have an experienced legal team representing their interests.  To make sure you are fairly compensated for your medical bills, lost wages and other damages, it’s essential to make sure you also are well represented from the outset of your claim.

Isaacson, Schiowitz&Korson LLP proudly serves New York City, including Manhattan, Brooklyn, Bronx, Queens, Long Island, Nassau and surrounding communities.  Contact us for a free consultation at (212) 267-6557.

 

Who is liable in a bus accident?

Millions of people ride Metropolitan Transit Authority (MTA) buses in New York City every year. And for the most part, these trips are safe and comfortable journeys with well-trained drivers behind the wheel.

But because New York City is so crowded with all types of commuters, sometimes bus accidents happen due to sudden stops, pedestrians in the roadway, bicyclists or poor vehicle drivers.

In general, buses are considered common carriers, defined as an entity or a business with the job of transporting people or goods from point A to point B for compensation.  This includes municipal buses, school buses, commercial buses, taxi cabs and some kinds of trucks.

Because common carriers are responsible for the lives of several people, they are required to show a high degree of safety when it comes to transporting them.  This includes obeying all traffic laws, and not making any risky or hazardous maneuvers.  But when this doesn’t happen, and accidents take place due to their negligence, riders, other vehicle drivers, or pedestrians can be compensated for damages.

The key to winning a bus accident case is to determine who is actually liable.  This may sound easy on the surface, but in reality, it can be a complicated matter.  Several parties, ranging from the bus driver to the owners of the bus, or even a passenger that distracts a driver, can all be held accountable for contributory negligence if it can be proven they are at least partially at fault.

Sorting all of these issues out is not an easy task and can be challenging to an attorney who will also be going up against firms with substantial legal resources and a goal to pay out as little as possible.  While it will take some time to sort out the details, it’s important to be as accommodating as possible to ensure you get full compensation forexisting medical bills, future medical care, lost wages, and pain and suffering.

Isaacson, Schiowitz&Korson LLP proudly serves New York City, including Manhattan, Brooklyn, Bronx, Queens, Long Island, Nassau and surrounding communities.  Contact us for a free consultation at (212) 267-6557.