New York Personal Injury Attorney Defends Medical Malpractice

Medical malpractice is being seen as an important piece in the debate about healthcare reform in the United States. However, the real problem may be too much medical malpractice, not too much litigation. New York personal injury attorney David Perecman explains why he and his firm work so hard to secure maximum compensation for their clients.The person a financial cap would hurt the most are the victims with the most severe injuries - those who can no longer work and need intensive medical care. Special additions for their homes like wheelchair ramps, a special vehicle to get them where they want to do, home care, everything they need to maintain a life that is comfortable, this all costs money. Even more distressing is the fact that caps on pain and suffering would unfairly discriminate against the poor, elderly and women who may have less or no income losses but suffer just the same.
"The solution is not to take away victim's rights," says Perecman, a New York personal injury attorney who has fought tenaciously on lawsuits of numerous victims of medical malpractice.

Improving medical care has gained national attention since the 1999 Institute of Medicine report that stated as many as 98,000 people die each year due to medical errors made in hospitals. The number is greater than those who die in a given year from motor vehicle accidents, breast cancer or AIDS. A large part of the study was conducted with data from hospitals in New York. Personal injury attorneys are looking out for their clients.

"The first thing you want to do as a personal injury attorney is make your clients whole, that's your job," adds Perecman.

Ironically, studies show that, by a large margin, the majority of medical error victims do not even file medical malpractice lawsuits. However, its only fair that when patients become victims of unavoidable or avoidable medical error, they need to be compensated for medical expenses, wage loss, pain and suffering and other financial loss.

In a video shot in his office in New York, personal injury attorney, Perecman presents the side of the victim who has just lost a limb, or now suffers a permanent or serious injury at the hand of a trusted doctor, even death.

"I can't go back and make what happened to my client go away but what I can do is try and give them a life that is comfortable and the only way [New York personal injury attorneys can do that is by monetary compensation," explains Perecman.

According to a June 16, 2009 report from Bloomberg, the idea that protecting doctors from lawsuits will rein in medical costs is not a significant factor in what drives up the costs of health-care. Inefficiency is cited as a much greater problem. A 2004 report by the Congressional Budget Office also says that even significant reductions would do little to reduce high health-care expenses.



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New York Personal Injury Lawyer - 866-ATTY-LAW - Workers Comp Attorney

If an individual injured at the workplace then they are eligible to avail the advantages of worker’s compensation. It is advised to inform the employers whenever a person has received injury in the workplace. Every U.S State has its own Statute of Limitations and so notifies the employer within the time limit.

Nevertheless, once the employer is informed about the personal injury caused, the employee must file formal workers compensation claim forms with the employer. This shall include the information about the level of personal injuries suffered, cause of injury and certain other details related to personal injury claim. It is also possible that you have to file for a worker’s compensation claim through insurance company or even the State.

According to the Workers Compensation Law, suitable justice and compensation is provided to the victims of personal injury/accident injury in the workplace. There are many instances when the employers neglect the safety regulations at workplaces which could lead to serious accidents to the employees. Furthermore, the employer’s insurance company shall hire aggressive defense lawyers who shall try to reduce claims to the minimum or even deny the charges completely.

In case one finds themselves in same situation when employer’s worker compensation insurance challenges the claim, then one has to prove their personal injury was partly caused due to job. To prove the injuries, one has to have a proper medical report and get in touch with a professional workers compensation lawyer who specializes in this law. If the insurance claim is denied or decreased by the employer’s insurance company then the worker’s have a right to appeal. There shall a hearing of the case if the employee and employer are not able to settle the claim. Consult a worker’s compensation lawyer or New York Personal Injury Lawyer in case you are also in the same situation.


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Personal Injury Lawyer Dallas News: Former Texas politico dies after Colorado car crash

Past El Paso County Commissioner killed in multi-vehicle Monarch Pass accident.
Dallas, TX(JusticeNewsFlash.com)–A five-vehicle collision in Colorado, on Sunday, left a former County Commissioner of El Paso, Texas dead, and his wife seriously injured, as reported by the Houston Chronicle. The Colorado State Patrol say, a recreation vehicle traveling westbound on U.S. 50 along the Monarch Pass swerved into the right-hand lane sideswipping a Lincoln Town car. The Town car reportedly then sideswiped a Toyota Camry, which sent both cars careening off the side of the road. The RV then hit an eastbound Nissan Altima head on, which caused the Nissan to rollover onto its side. The debris resulting from the crash struck a fifth vehicle, but no one traveling inside the fifth vehicle was reportedly hurt.
Colorado troopers identified the driver of the Nissan as the former El Paso County Commissioner, Miguel Solis, who was pronounced dead at the scene of the tragic accident. Solis wife, Felipa, was airlifted to Saint Mary’s hospital in Grand Junction for treatment of her serious injuries she sustained in the multi-vehicle collision. The driver of the RV, Ray Stout, 79, of Montrose, Colorado was also pronounced dead at the scene of the accident

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As Lawsuits Hit the MTA, Personal Injury Lawyers Consider How Much is Too Much, or Too Little

Unfortunately things aren't looking up for the MTA. The numbers of people claiming they were injured on transit property continues to skyrocket. New York personal injury lawyers are paying close attention. The MTA receives around 3000 claims a year, according to a recent Audit committee report. The agency, instead of trying to bring down the number of accidents and the people who suffer in these accidents, by making conditions safer is actively looking to bring the number of lawsuits down and they are appealing to the state legislature for help. One of the Authority's proposals singles out people who put themselves in harms way. In the past, juries have tended to look favorably upon the MTA and 96 out of 150 jury decisions last year were decided in favor of the agency. "The problem with banning suits is where to draw the line," says David Perecman, a New York personal injury lawyer. "The MTA should not have any special right to be exempted from personal injury lawsuits. If they are partly to blame they should pay their part . If the claimant is partly to blame they don't get compensated for their part. That's the law in this State. If a jury decides that a person is 505 at fault they only ger 50% of their damages. Banning the claim outright would allow the MTA to walk away from their share of responsibility. From the point of view of the law, the burden of responsibility is with the transit operator and the claimant to act reasonably and prudently." Each case is different so generalization can be dangerous. Anyone who finds himself or herself in a personal injury accident on the MTA or other public transit should call a New York personal injury lawyer to discuss his or her options, urges Perecman. About David Perecman and The Perecman Firm, PLLC: For the past 25 years, the New York personal injury lawyers, construction accident, auto accident and medical malpractice lawyers at The Perecman Firm, PLLC have championed all types of cases for personal injury. David Perecman, founder of the Firm, is the current Secretary of the New York State Trial Lawyers Association (NYSTLA) and a chair of its Labor Law Committee. Mr. Perecman's achievements have brought him recognition as an Honoree in the National Law Journal's Hall of Fame, in New York Magazine's "The Best Lawyers in America" and The New York Times Magazine "New York Super Lawyers, Metro Edition". Source