NY Lawmakers Steer Motorists To Better Insurance Protection, Says NY and PA Personal Injury Lawyer

car-insurance

Most New York State motorists will now be better protected by their car insurance policies — and they didn’t even have to call their agents, thanks to the lobbying efforts of lawyers across the state, who finally persuaded Albany that it needed to reform the way insurance companies operate in the state. The New York State Trial Lawyers Association was among the leaders fighting for motorists.

Gov. Andrew Cuomo.

Gov. Andrew Cuomo.

New York Gov. Andrew Cuomo signed the Driver and Family Protection Act on Dec. 18, which improves Supplementary Uninsured/Underinsured Motorist (SUM) coverage for all motorists. The Senate and Assembly bills are here: S5644B and A8519A.

State lawmakers voted overwhelmingly in June to send the legislation to Cuomo’s desk. The Senate voted 62-1 and the Assembly 104-6.

This is why it is important to anyone who travels in a vehicle, not just drivers: the new law helps to protect New Yorkers who are involved in car accidents with drivers who are uninsured or underinsured.

Under the old law, an insured had to specifically request that their SUM policy limits be increased to match their liability limits.

Under the new law, an insured’s policy will automatically match the liability and SUM limits unless the insured specifically waives the increased SUM coverage by signing an opt-out form. (Why would anyone sign the form?)

I have always said SUM coverage is very important because it protects the insured and their family in the event they are involved in a crash with an uninsured/underinsured vehicle.

The automatically matching limits are great news for auto insurance consumers because the SUM coverage is the most critical component of your car insurance policy.

Here’s why: If you have an accident caused by another driver who has no or inadequate insurance, you could end up paying for your own recovery, and your medical bills could be staggering.

If you’re like most drivers, you accept the minimum levels of coverage to keep your costs down. But those low levels can get you in trouble if you have an accident, regardless of whether it was your fault.

Here’s an example: I once met with a local businessman who had $500,000 of liability coverage to protect others should he have an accident, but only the legal state minimum of $25,000 in SUM coverage to protect himself and his family in that very same accident.

Needless to say, he was shocked to learn that his insurance coverage was so deficient but happy to learn that he could add additional SUM coverage he needed for less than $10 a month.

I have met too many people who don’t learn about the need for sufficient SUM coverage until it is too late. Don’t be one of those families.

Insurance companies like to keep their customers in the dark. They do a terrible job of educating consumers and are far more interested in profits than helping their customers.

Make reviewing your car insurance policy one of your resolutions in the new year. Do it now, in fact. Make sure your insurance company follows the new law and sets your liability and SUM limits at the same amount.

If you have a question about your car insurance policy, email me at [email protected].

Thanks for reading!

Jim

___________________________________

James B. Reed
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

 


Before Your Holiday Road Trip, Review The Most Common Causes Of Car Accidents — And Be Prepared For A Safe Trip!

Car_crash_1

Patrick Allan recently wrote a timely story for LifeHacker about vehicle accidents – and what to look out for this holiday season (and any other time) – as you race about to your next distracted destination.

To get there safely, take a deep breath when you hop in the car and remember what Patrick wrote in “The Most Common Cause of Car Crashes.” Yes, his story is a reminder for drivers 365 days a year.

He suggests some basic safety procedures in addition to getting some sleep before driving – wear your seat belt, don’t drive while intoxicated, and avoid using your phone while driving. All good advice we should already be listening to every day.

Patrick also cites Steve Casner, a safety expert and author of “Careful: A User’s Guide to Our Injury-Prone Minds,” who used data collected for the National Motor Vehicle Crash Causation Survey for the U.S. Department of Transportation, to come up with  a post for Slate on the types of accidents that happen the most:

  • Falling asleep at the wheel: About 7 percent of all accidents and 21 percent of fatal crashes. Check out Patrick’s previous blog post about drowsy drivers for more information about just how dangerous it is, and how much sleep is ideal. (Hint: it’s NOT five hours a night.)
  • Loss of vehicle control: Accounts for 11 percent of all crashes. Always keep other driving variables in mind. Consider the weather, your vehicle’s maintenance, and other drivers.
  • Blind left turns: Accounts for 12 percent of all crashes. If you can’t see around that bus, don’t risk driving out into the intersection. Always stop and wait until you know the coast is clear.
  • Rear-enders: Accounts for 23 percent to 30 percent of all crashes. Pay attention to the car in front of you, watch for those brake lights, and always give yourself plenty of space to stop if you need to.
  • Not staying in your lane: Accounts for roughly 30 percent of all crashes. It doesn’t take much for a driver to drift out of their lane and cause a serious accident.

The rest of the causes involve things like rolling right on red lights, which Casner says accounts for 6 percent of all pedestrian fatalities – but 21 percent of those fatalities are children.

The survey also says about 36 percent of all “pre-crash events” occurred while drivers were turning or crossing at intersections. That’s why it’s critical that you always come to a complete stop, and then check carefully for pedestrians and vehicles, before turning or driving through.

Bottom line: Keep your eyes open after a good night’s sleep. Keep your eyes on the road, not your phone or satellite radio or anything else. Watch for pedestrians, bicyclists, motorcyclists, children, anything or anyone who is moving around you.

Thanks for reading!

Jim

___________________________________

James B. Reed
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

Guthrie Support Group Helps Families Struggling With Long-Term Impact Of Concussions

Steve Hicks, left, coordinator of the Twin Tiers Sports Post-Concussion Support Group, celebrates the fifth anniversary of the group in November 2015 with Dr. Donald Phykitt of Guthrie Sports Medicine.

Steve Hicks, left, coordinator of the Twin Tiers Sports Post-Concussion Support Group, celebrates the fifth anniversary of the group in November 2015 with Dr. Donald Phykitt of Guthrie Sports Medicine.

 

If you or someone you know in the Twin Tiers has had a concussion, there’s a terrific monthly support group that you should join based at Guthrie Clinic in Sayre, Pa.

The Twin Tiers Sports Post-Concussion Support Group was founded and is run by Steve Hicks, a licensed/certified athletic trainer with Guthrie who is contracted out full-time to Athens Area High School, with outreach to Tioga Central High School in New York State.

Steve started the group in November 2010 for high school athletes, their family and friends, but has since opened the group to everyone recovering from post-concussion syndrome.

As an injury attorney who has witnessed first-hand the devastation that head injuries can wreak on the lives of my clients, I have always wished that there was a local support group to help my clients and their families. Steve’s support group made that wish come true.

“Since concussions are not typically ‘visible’ injuries, and there is often a lack of knowledge on how to manage concussed patients, these athletes and their parents were left feeling alone and adrift, without resources,” Hicks said. “I founded the support group after noting that many of these families seemed to be feeling what I called the ‘Deserted Island Effect,’ as if they were the only people to be dealing with such issues. The mission of the group is to help everyone get off their own deserted island.”

The group meets once a month during the school year, at 2 p.m. on a Sunday at Guthrie Clinic in Sayre. People can attend in person, or remote from anywhere in the world if they register to join the support group’s Facebook page at www.facebook.com/groups/TwinTiersSportsPostConcsussionSupportGroup.

Once you are an approved member of the group, you can watch the meetings on Facebook Live on the page, and there is also a link on the Facebook page to a GoToMeeting page.

The next meeting is on Sunday, Dec. 17, at 2 p.m. in the fourth floor 4 Blue Conference Room in the clinic in Sayre. The guest speaker is Cheyanne Northrup, a graduate of Athens Area High School. She was involved in cheerleading, track and field, and diving in school. She suffered a concussion while diving her junior year. During one dive, she didn’t land properly and hit the back of her directly on the water. Now she has memory problems and will talk about her struggles from post-concussion syndrome.

Other upcoming meetings:

Sunday, Jan. 14, 2 p.m. in the 4 Blue Conference Room, Sayre Guthrie Clinic.

Guest speaker: Erin Stackhouse. A graduate of Athens Area High School, Erin sustained a concussion that changed her life while playing indoor soccer her senior year. She is a graduate of the University of Pittsburgh at Bradford and is a mental health technician at the Commonwealth Health First Hospital and is a crisis clinician at Commonwealth Health Wilkes-Barre General Hospital.

Sunday, Feb. 11, 2 p.m., 4 Blue Conference Room,Sayre Guthrie Clinic.

Guest speaker: Jenna Mosenson of concussionsmatter.org will talk about her life with concussions, her website, and her foundation.

Sunday, March 18, 2 p.m., 4 Blue Conference Room, Sayre Guthrie Clinic.

Guest speaker: Claire Lapat of Wynnewood, PA (near Philadelphia) is a senior at The Shipley School. She had the first of her more than 10 concussions in a gym class when she was 10 years old, and she continued to have more as she played soccer. She will talk about how her previous school didn’t support or help her with her concussion/brain injury, and how one of her coaches would have her team do three hours of heading practice and then would mock the girls if they were diagnosed with a concussion or talked about symptoms of concussions.

Sunday, April 22, 2 p.m., 4 Blue Conference Room, Sayre Guthrie Clinic.

Guest speaker: Rusty Wolf, who has had concussions from sports, domestic violence, farm work, violence at work, and a major motor-vehicle accident.

Sunday, May 20, 2 p.m., 4 Blue Conference Room, Sayre Guthrie Clinic.

Guest speaker: Fawn Weaver and her mother, Jeanette, first talked to the support group in May 2015 and Fawn wants to update the group. She graduated from high school and now attends college. She began suffering concussions in the eighth grade.

Thanks for reading!

Jim

___________________________________

James B. Reed
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

Does Your Car Insurance Carrier Penalize You When You Were Not At Fault?

accident-frustration1

The Consumer Federation of America recently released new research that shows that safe drivers often see car insurance increases when they are involved in accidents  caused by other drivers.

car_insuranceAccording to the news release, in this new trend, some insurance carriers are penalizing their own customers when their customer did nothing wrong. It used to be that if you were involved in a collision that was not your fault, your own insurance company would not raise your rates. Makes perfect sense. Why should you be penalized when you did nothing wrong?

However, recently, a number of insurance companies decided to increase their profits by hitting their customers with significantly increased premiums when they had the misfortune to be involved in a crash that was not their fault. Two of the biggest New York carriers, Progressive and GEICO, were among the worst offenders of this new policy.

imagesInnocent drivers who don’t cause accidents should not be charged more because someone else hit them, J. Robert Hunter, CFA’s director of insurance and the former insurance commissioner of Texas, said in the news release. “Most people know that if they cause an accident or get a ticket they could face a premium increase, but they don’t expect to be punished if a reckless driver careens into them.”

CFA urged lawmakers around the country to prohibit penalties on innocent drivers. “Penalizing safe drivers hit by another car is not only very unfair; it also discourages them from filing legitimate claims,” Hunter said. “Lawmakers and regulators need to protect consumers from being punished when they’ve done nothing more than use the policy they have already paid for.”

CFA compared two good drivers – the only differences reflected in their socio-economic circumstances rather than their driving records – and found the following:

  • Higher-income drivers paid $78 more on average after a not-at-fault accident.
  • Moderate-income drivers paid $208 more on average after a not-at-fault accident.
  • Higher-income drivers faced a 6.6% penalty on average after a not-at-fault accident.
  • Moderate-income drivers faced a 9.6% penalty on average after a not-at-fault accident.
  • Excluding State Farm customers, who were never penalized, the average surcharges jumped to $99 (8.3%) for higher-income drivers and $264 (12.1%) for moderate-income drivers.

My suggestion: Contact your insurance agent and ask if your carrier has a policy of increasing premiums in not-at-fault crashes?

If so, I recommend you contact other insurance carriers as there are many carriers who do not increase premiums in this situation.

Thanks for reading,

Jim

___________________________________

James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 


New Drone Pilots Need To Follow Regulations, Be Safe, Says NY and PA Injury Lawyer

drones-faa-hobbyist-regulations_h

As winter turns to spring in the Twin Tiers and people of all ages get ready to fly the new drone they got for Christmas, I would encourage all new owners of all ages to do some homework, if they haven’t already, before taking to the air.

113154-fullDrones are not toys. If a child will be flying the drone, prepare the child. Drones in the wrong hands can damage property, injure and kill people on the ground, and endanger passing commercial aircraft. It’s a HUGE responsibility, and in careless or uneducated hands, drones can be a dangerous weapon that could lead to criminal charges and lawsuits for the operator and their family. As an experienced personal injury lawyer, I know drones are going to be a big problem for those who don’t respect the power they possess in a drone.

I will say it again: It’s NOT a toy.

A few basics you need to know right now:

Go to the FAA website and look at the rules and regulations on drones. (Click on Part 107 for a summary of the rules and regulations.)

  • You need to register the drone – that is something a lot of people don’t know. The buyer should have been told that when they bought the drone but if not, Remember: Ignorance of the law is no defense.  You can register your drone here.  The good news?  It only costs $5.
  • You must have visual identification of your drone at all times. If you can’t see your drone, you are not operating it properly and you can be subject to penalties and fines.
  • You must not operate your drone over other people, under a covered structure or inside a covered stationary vehicle.
  • Daylight-only operations, or civil twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time) with appropriate anti-collision lighting.
  • Your drone can’t exceed 100 mph or weigh more than 55 lbs.

Most of the new Twin Tiers drone operators will be recreational users. You have to register your drone with the FAA but you don’t need any special license operate it, like commercial users do. A handy site for recreational users is here.

Here are the website’s safety guidelines for small unmanned aircraft systems (sUAS):

  • Follow community-based safety guidelines, as developed by organizations such as the Academy of Model Aeronautics (AMA).
  • Fly no higher than 400 feet and remain below any surrounding obstacles when possible.
  • Keep your sUAS in eyesight at all times, and use an observer to assist if needed.
  • Remain well clear of and do not interfere with manned aircraft operations, and you must see and avoid other aircraft and obstacles at all times.
  • Do not intentionally fly over unprotected persons or moving vehicles, and remain at least 25 feet away from individuals and vulnerable property.
  • Contact the airport and control tower before flying within five miles of an airport or heliport.
  • Do not fly in adverse weather conditions such as in high winds or reduced visibility.
  • Do not fly under the influence of alcohol or drugs.
  • Ensure the operating environment is safe and that the operator is competent and proficient in the operation of the sUAS.
  • Do not fly near or over sensitive infrastructure or property such as power stations, water treatment facilities, correctional facilities, heavily traveled roadways, government facilities, etc.
  • Check and follow all local laws and ordinances before flying over private property.
  • Do not conduct surveillance or photograph persons in areas where there is an expectation of privacy without the individual’s permission (see AMA’s privacy policy).

Do your homework, and be prepared before you take your first flight.

It’s a big responsibility. It’s not a toy.

Thanks for reading,

Jim

___________________________________

James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

Ziff Law Collecting Winter Clothing For Twin Tiers Families

Help us fill our Mitten Trees with winter clothing now through Dec. 5.

Help us fill our Mitten Trees with winter clothing now through Dec. 5.

The Ziff Law Firm is collecting new winter clothing for Twin Tiers families as part of its Mitten Tree holiday program.

The law firm is asking local residents to buy and donate new hats, mittens and scarves for all ages. The items can be left under two Christmas trees in the law firm’s lobby at 303 William St. weekdays during business hours.

All items that are collected will be donated to the Samaritan Center, at Mount Zoar and South Main streets in Elmira, for the holiday season.

All those who donate will be entered into a drawing for a chance to win one of two $50 prepaid credit cards.

“The Ziff Law Firm likes to help Twin Tiers families every holiday season, and we are told there is always a critical need for hats, scarves and gloves for all ages,” said Annette Viselli Thorne, a paralegal in the law firm and the event’s organizer.

The drive continues through Dec. 5, when the two winners will be drawn and announced, and the items will be donated.

Thanks for reading and helping your neighbors!

Jim

___________________________________

James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 


NY Injury Lawyer Wins $550,000 Jury Verdict For Elmira Woman Injured In Rochester Hospital Fall

Highland Hospital in Rochester.

Highland Hospital in Rochester.

A six-person Chemung County court jury awarded an 83-year-old Elmira woman $550,000 Friday afternoon as a result of a 2013 fall at Highland Hospital in Rochester. Christina Sonsire of the Ziff Law Firm represented the woman in the one-week trial.

Christina Sonsire.

Christina Sonsire.

The jury of three men and three women deliberated for less than 20 minutes before returning with the verdict in response to a personal injury lawsuit filed in Chemung County’s State Supreme Court in Elmira.

Judge Judith O’Shea presided over the trial and attorney James Wolford of the Wolford Law Firm in Rochester represented Highland Hospital and its corporate owners, Strong Health MCO, LLC, and Strong Partners Health System Inc.

“The jury’s award sends a huge message to Highland Hospital and other regional medical providers that if they are going to encourage people to come for treatment, they need to take basic steps to make sure their facilities are safe,” Christina said. “My client will have to live with chronic limitations from a shoulder injury for the rest of her life, something that greatly interferes with her ability to care for her daughter with disabilities.”

The Elmira woman fell shortly before 6 a.m. on Oct. 16, 2013, while helping her daughter get into a wheelchair in a parking garage near the hospital’s emergency entrance.

“Highland Hospital allowed cement parking stops to be placed inside a pedestrian walkway that bordered the handicapped parking stalls. The parking stops were the same color as the parking garage floor, and lighting in the area was grossly inadequate. My client – who was told to report to Highland Hospital in the early morning for her cancer surgery – was walking near her car when she tripped,” Christina said.

“As a result, my client suffered a severe fracture of her left shoulder, leaving her with a significant loss of range of motion. These limitations make it very challenging for her to care for her daughter in the manner she did before the fall.”

The trial was about much more than the placement of parking stops, Christina said.

“When my client first learned she had cancer, her Elmira-area doctor told her she needed to seek treatment in a bigger city. She decided to go to Rochester, just like many people from our area choose to do,” Christina said. “This case showed Highland Hospital and other regional providers who invite people to travel for their medical services need to do much more to make sure their patients are safe.

“The managers of Highland’s maintenance and security departments were unable to provide any inspection or maintenance records for the area where she fell, they offered inconsistent testimony regarding very basic safety measures in the parking garage, and they even tried to shift the blame to my elderly client by claiming she should have used a flashlight when she got out of her car. Taken together, Highland Hospital gave the impression in the trial that my client’s well-being was not important to them – and the jury took notice.

Twin Tiers residents can be confident that Ziff Law lawyers are capable of achieving big-city results,” Christina said. “We are not afraid to stand up to big corporations that cause people in our community to suffer injustices. It’s not always easy to do, but the alternative – allowing things like this to happen without doing what we can to bring them to light – would be the greatest injustice of all.”

Thanks for reading!

Jim

___________________________________

James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 


Go Car-Less For Two Weeks During 2016 Car-Free Challenge

chemung4

Can you make it most or all of two weeks without driving your car and find alternate ways to get to work, shop and live the rest of your life?

If you are up for the challenge in Chemung, Steuben, Tompkins and Schuyler counties, join the 2016 Car-Free Challenge from Sept. 22 through Oct. 5 and learn about some of the other ways to get around besides as a pedestrian or bicyclist. Check out carpooling resources and mass transit options at the website.

chemung-how-it-works-01To participate, click here and find the link to your Twin Tiers county. You will be asked to register, and to be eligible for drawings, you will need to log at least one car-free effort every day in the two-week period.

Every time during the two weeks that you ride a bike, walk, ride a bus or carpool instead of driving alone, log an entry on the website. To be eligible for a grand prize drawing, you must have at least three days of car-free efforts in the two weeks.

Keep track of your car-free mileage so organizers know how many miles were saved by all participants!

Check out 511NY Southern Tier Rideshare, a free resource to help you find carpool partners who live or work in Steuben and Chemung counties.  When you sign up for ride-matching, you’ll join other riders and drivers in a database. You will save money and be eligible to enter a raffle to win a $25 grocery store gift card when you register for carpooling.

The announcement of the grand prize winner will be at 10 a.m. Oct. 11 at the meeting of the Chemung County Coordinated Transportation Committee at the Corning Community College campus in Elmira at 318 Madison Ave.

Thanks for reading.

Jim

___________________________________

James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

Ziff Law Lawyers Fighting In Albany For NY Families

 

tort reform art

Christina Sonsire and Adam Gee of the Ziff Law Firm recently went to Albany to fight for grieving families in New York State – like Craig and Melissa Storms, who lost their 2-year-old son in a hospital emergency room.

“Knowing that the same family could recover if they lived just across the border in Pennsylvania due to its strong wrongful death laws makes it even tougher for us to deal with families in New York,” said Adam Gee.

“Knowing that the same family could recover if they lived just across the border in Pennsylvania due to its strong wrongful death laws makes it even tougher for us to deal with families in New York,” said Adam Gee.

Christina and Adam lobbied with other members of the New York State Trial Lawyers Association in the New York State Legislature to fight for reforming New York’s 153-year-old wrongful death law, something the lawyers at Ziff Law have been doing for nearly a decade.

“We have been to Albany numerous times to fight for justice for those who lose a loved one due to negligence. It’s one battle we will never stop waging until the laws in New York finally improve,” Christina said.

Under the present wrongful death statute in New York, the assessment of damages is based almost exclusively on expected future income, something that is very biased toward the state’s highest-earning residents. Worse, New York is one of only seven states that do not compensate family members for their grief and sorrow.

“The reality is that New York law discriminates against people who are very young, retired or out of the work force, such as stay-at-home parents or people with disabilities,” said Christina Sonsire. “The families of people who are not actively engaged in the work force have little to no claim for wrongful death in New York.”

“The reality is that New York law discriminates against people who are very young, retired or out of the work force, such as stay-at-home parents or people with disabilities,” said Christina Sonsire. “The families of people who are not actively engaged in the work force have little to no claim for wrongful death in New York.”

“The reality is that New York law discriminates against people who are very young, retired or out of the work force, such as stay-at-home parents or people with disabilities,” Christina said. “The families of people who are not actively engaged in the work force have little to no claim for wrongful death in New York.”

Having to tell a family that we cannot take a case because their loved one’s life is worthless in the eyes of New York State law is a very difficult thing to do, Adam said. “Knowing that the same family could recover if they lived just across the border in Pennsylvania due to its strong wrongful death laws makes it even tougher for us to deal with families in New York.”

The tragic case of 2-year-old Zachary Storms highlights the discriminatory nature of New York’s wrongful death law.

Zachary’s story is heartbreaking.

Craig and Melissa Storms rushed their child to a hospital emergency room because they feared he may have ingested some red and blue dye from a child’s chemistry set.

They did all the right things. They consulted with the American Association of Poison Control Centers, which recommended, to be safe, that they take the child to a local hospital for precautionary treatment.

Things turned nightmarish quickly.

The Poison Control Centers urged “observe-only” to the hospital, but instead, the doctor forced young Zachary to drink an activated charcoal solution. He vomited and refused to drink more and the hospital put a gastrointestinal tube down his throat and poured so much liquid that it filled his throat, stomach, and lungs, killing him almost instantly.

“He was running around the emergency room, playing. Then he was dead,” said Melissa Storms.

“This is about justice and holding the people who caused his death accountable,” said Craig Storms.

However, New York’s wrongful death law only values financial loss, not human loss. A toddler, Zachary clearly was not earning any income, and his young age made it too speculative to project what he would make in the future. Therefore, under New York’s current wrongful death law, Zachary’s life was worthless.

When Congress established the Sept. 11th Victim Compensation Fund, it circumvented the law so surviving victims and victims’ families could be properly compensated. “Congress understood New York’s law is antiquated, and doing something like denying compensation to the parents whose children died that day was just wrong,” said Christina.

It’s time for New York State to do the same and take a giant step toward civil justice reform.

The lawyers at the Ziff Law Firm will not stop fighting for families until New York State changes this law.

Contact your local state representative and tell them about Zachary and why it’s important to modernize the state’s wrongful death law.

Thanks for reading.

Jim

___________________________________

James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 


Is Your Surgeon Operating On A Second Patient At The Same Time?

surgery photo

Here is a new practice that Twin Tiers residents should remember when they, their family or their friends are facing medical procedures in a local hospital: concurrent surgery.

Last fall the Boston Globe newspaper reported Massachusetts General Hospital has surgeons who are performing surgery in two operating rooms at the same time. It’s called double-booking.

mass-generalDouble booking is a very controversial and risky procedure that is apparently an open secret in hospitals. But patients are rarely told. The surgeon responsible for the patient relies on a general surgeon or surgeon-in-training as he or she goes from room to room, performing multiple operations at the same time.

There is a lot of disagreement in the medical community over both the ethics and safety of double-booking. Let’s face it – it’s clearly done to make money and get as many patients through operating rooms in the shortest amount of time possible.

As the Boston Globe reports: Hospitals that permit double-booking consider it an efficient way to deploy the talents of their most in-demand specialists while reducing wasted operating room time. For patients, however, it can come as an unsettling surprise — especially when things go wrong.

At the very least, patients have the right to informed consent. In other words, patients must be informed their surgery has been double-booked so that they can make an informed decision as to whether they want to allow it.

It should be very interesting to see what transpires.

Thank you for reading!

Christina Sonsire
[email protected]