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UPDATE: More Elmira Pedestrian Accidents …. It’s Time for Drivers to Wake Up and Watch Out for Walkers and Bicyclists

Jim Reed — Wed, 25 Jan 2012 15:53:36 +0000

Two accidents involving pedestrians in the last 24 hours in Elmira serve as a stark reminder of the dangers facing pedestrians from inattentive or distracted drivers!

First, a mother and her 1-year-old child were injured, then a 17-year-old girl was struck 45 minutes later!

In the Elmira/Corning area where I live, there seems to be a growing trend of cars and trucks hitting pedestrians and bicyclists. I think this is a combination of more walkers/bikers and more cars/trucks sharing the roads together with a huge increase in the number of distracted drivers on the road.

These drivers are distracted by phones, radios, texting — or they are simply not paying attention.

In both Elmira pedestrian injury cases, the pedestrians were crossing the four-lane Clemens Center Parkway, which is a nightmare for pedestrians because they have to move quickly to get across safely before the light changes.

How many times have we seen pedestrians stranded unsafely in the middle of an intersection, waiting for the light to change again? This problem is especially obvious on a road like the Clemens Center Parkway, where the road is four lanes wide and there is a higher speed limit.

BUT REMEMBER: NY LAW REQUIRES A MOTOR VEHICLE TO YIELD TO A PEDESTRIAN! So regardless of the color of the light, if you see a pedestrian on the road, follow the law and give them a safe distance.

In one of the accidents, a mother and her 1-year-old child in a stroller were struck. They suffered minor injuries, police said.

According to news reports, the first accident occurred at about 8 p.m. Tuesday at the Clemens Center Parkway and East Fifth Street, Elmira, NY. The mother and child were transported to Arnot Ogden Medical Center and the driver of the pickup truck accused of striking them, Clayton Stevens of Lowman, was charged with Failing to Yield and Driving with a Suspended License.

A 17-year-old girl was hospitalized with internal injuries and possible broken bones after a second accident 45 minutes later involving a pedestrian at the Clemens Center Parkway and South Avenue on Elmira’s Southside. She is being treated at Robert Packer Hospital in Sayre. Police said the investigation continues.

See the news reports from WETM-TV and the Star-Gazette.

Remember the 17-year-old girl, and the mother and her 1-year-old child, the next time you’re driving on Clemens Center Parkway and SLOW DOWN. As you approach intersections, even if you have a green light, scan both sides of the road for pedestrians. Remember there may be people still trying to cross the road!

Finally, FOCUS ON THE ROAD — not your text messages or your missed phone calls or talk radio or talking with your passengers.

Someone else’s life may depend on you paying attention to the road!

Thanks for reading.

Thanks, Jim

_________________________________

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

Appeals Court, CPSC Urge Wider Use Of SawStop Technology, Says NY Woodworking Attorney

Jim Reed — Wed, 14 Dec 2011 21:51:59 +0000

SawStop Technology Can Save Your Fingers!

Tablesaw safety continues to make headlines and woodworkers fearing injuries should take note about the latest legal and government developments.

The question that is being asked, and I think it is a good question, is whether the government should REQUIRE tablesaw manufacturers to use safer technology when that technology is available and feasible?

Many of my friends answer “Hell no, keep guv’mint out of my business” while other friends answer “Hell yes, this is the perfect role of government to enforce safety standards to protect people”.

I have to confess that I am in the “Hell Yes” camp because unfortunately tablesaw manufacturers have historically demonstrated that they will NOT voluntarily adopt the safest technology. Because of that, and because I see first-hand the devastating effects of bad injuries, I tend to support anything that results in fewer innocent people getting hurt.

That’s why I support past safety regulations that have resulted in much greater public safety. Things like seatbelts and airbags in cars have resulted in fewer deaths and less catastrophic injuries. Years ago, seatbelts were non-existent, then a rare exception. But it wasn’t until seatbelts were REQUIRED that we widespread adoption of this safety device. No one today would argue that requiring seatbelts was a bad thing.

And that’s why I am in favor of the government requiring all saw manufacturers to adopt SawStop (or something equivalent) safety technology.

In a perfect world, these tablesaw manufacturers would build safer saws because they can and because they truly care about the safety of their customers. However, we don’t live in a perfect world and corporate design decisions often come down to profits and the least expensive way to build a product. Unfortunately, touting your saw as the safer saw isn’t nearly as touting your saw as being cheaper than your competition’s product.

Normally, one place where manufacturers end up paying for their decision to build an unsafe product is in the courtroom. In the courtroom, a manufacturer who builds an unsafe product when there are safer, feasible alternatives, can be required to pay substantial verdicts.

Historically, tablesaw manufacturers have avoided liability because they have all built their saws in essentially the same way and have then banded together in the courtroom to say the way they build their saws is to the “industry standard”. They essentially claim that this industry standard is “the best we can do because everyone in the industry does it that way”. They then claim other designs are not feasible, or not practical, or more expensive…..

For years, the conspiracy of the table-saw manufacturers was successful in avoid liability but recently the tide turned in a very important table-saw case.

A federal appeals court in Massachusetts has upheld $1.5 million in damages to an insurance company so it could recover expenses from Ryobi’s parent company in the case of Carlos Osorio, a flooring installer who suffered a hand injury in 2005 while using a Ryobi table saw, according to Fine Woodworking magazine.

Dr. Stephen Gass, the inventor of SawStop, testified on Osorio’s behalf in the lawsuit against Ryobi, saying none of the major table saw manufacturers, including Ryobi, had adopted his safety technology. With SawStop, the blade instantly senses when it comes in contact with skin and the blade snaps out of sight before any serious damage can be done to a person’s body.

Osorio’s table saw did not have the SawStop technology and the district court, citing safety concerns, ruled in his favor based on Gass’s testimony.

The federal appeals court’s October ruling supporting the district court can be found here.

An interview with Stephen Gass, the inventor of SawStop, is here.

Also in October, the Consumer Product Safety Commission voted unanimously to propose new table saw safety standards. Read a news story about that decision here. And the actual CPSC decision is here.

I recently wrote about my experience in buying a SawStop table saw. Yes, they are more expensive, but itsn’t the safety of the woodworkers in your family worth it?

SawStop works. As I said in my last post, I encourage all of my woodworking friends in Elmira, Corning and the Twin Tiers to check out the latest in safety technology.

Please, be safe out there. Always put safety first, even if it costs you more than you wanted to spend.

Thanks for reading.

Thanks, Jim

_________________________________

James B. Reed

NY & PA Injury & Malpractice Lawyer

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Blogs: NYInjuryLawBlog.com and

NYBikeAccidentBlog.com

Consumer agency pushes for safety rules for table saws (usatoday.com)
Govt looks for ways to reduce table saw injuries (seattletimes.nwsource.com)

Maps Of Road Fatalities A Reminder Of Toll Of Distracted Driving, Says NY and PA Accident Lawyer

Jim Reed — Wed, 07 Dec 2011 15:33:43 +0000

Check out where fatal accidents have occurred in your community in recent years.

A United Kingdom transportation company has created a website that allows anyone to track road fatalities in the United States by location, including in Elmira, Corning and the Twin Tiers.

You can find the exact scene of an accident that led to a death between 2001 and 2009. I drilled down to the local fatalities in Elmira, Horseheads, and Corning and learned that I handled a large number of the wrongful death cases displayed on the local map.

I have worked on many cases in the last 26 years, and each of the little dots is a reminder of what I know to be devastated family and friends. … The 14-year-old cyclist mowed down by a hit-and-run driver, the elderly pedestrian hit by a driver who admitted she was busy adjusting her radio and on and on ….

It’s very unsettling and sad.

But it’s important that everyone take a look at the map of their community. Notice where people died when you look at the map of Chemung County — Lower Maple Avenue in Elmira, County Route 64 in Big Flats, Interstate 86 and the Miracle Mile (Corning Road) in Horseheads. Look at the grouping of fatalities, on I-86, Route 352 and Route 64. Those are high-traffic areas where everyone should be their most vigilant. Those should be no-distraction zones, and that means turning the radio or CD down, too!

Some of the fatalities were pedestrians, some were drivers or their passengers, and some were on motorcycles or bikes. Yes, it’s important to know where the most dangerous spots are in Watkins Glen and Southport and Pine City, then south to Towanda, Sayre and Athens, Wellsboro and Mansfield.

But there is a larger lesson here.

The maps serve as a stark reminder to all of us to SLOW DOWN and PAY ATTENTION TO THE ROAD. Shut off the cell phone. Cut down the chatter. Be vigilant. Live in the present.

Respect the lives of others, and be mindful of the dangers around you. Distracted driving kills. Next time you’re on the road, think of the people lost in accidents on that map.

Please have a safe and joyous holiday season free of heartbreaking accidents.

Thanks for reading.

Thanks, Jim

_________________________________

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

With Rise In Accidents, NY Woodworking Lawyer Urges Table Saw Safety

Jim Reed — Tue, 06 Dec 2011 13:04:52 +0000

Woodwworkers should look into investing in a table saw from SawStop.

As an avid woodworker (my wife says too avid!) and injury lawyer who has seen way too many people hurt in way too many ways, I am always concerned about woodworking safety.

I have an uncle who is a constant reminder of what can easily happen when working in the workshop. My uncle is a good, safe, competent woodworker who is missing a good portion of a finger because of a woodworking accident that happened literally in the blink of an eye. He wasn’t doing anything unsafe and was doing what he had done hundreds of times before, but nonetheless he lost a big chunk of a finger.

In my quest for greater safety, I recently purchased a new table saw featuring a finger-saving technology called SawStop. Essentially, this is a saw that has an incredible technology built into it that causes the whirring saw blade to be stopped in milliseconds if there is any contact between the blade and skin.

Sure, the SawStop saw costs a little bit more than other comparable table saws, but when you consider the pain, disability and whopping medical bills that result from a table saw accident, that small additional expense is chump change.

I bought my SawStop from Brian Kita of Hermance Machine Co. in Williamsport, PA. Brian was awesome to deal with and he had this to say about the SawStop saw:

We handle a lot of manufacturer’s products here, and I have to tell you, this is the only product line we carry that makes such a difference in our customers’ lives. They sell through recessions and they sell when schools have no budget money. People have come to us straight from the emergency room with bloody bandages covering what’s left of their fingers to write me a check for a SawStop. I’ve taken calls from pros angry that they need a cartridge that seemingly blew for no reason, only to have them call back and excitedly tell me that as they wrote out the purchase order, they found a small smear of blood from where they contacted the blade but never even felt it. Yeah, SawStop has something unique, and they could probably charge a whole lot more for it, but I’m grateful that they don’t.

Having now assembled my SawStop saw, I am pleased to report that not only does it feature incredible safety technology, it is also, by far, the most precision-machined, well-engineered piece of power woodworking equipment I have ever owned.

My point of this post isn’t intended to serve as an advertisement for SawStop — it is intended to reach out to my woodworking friends to encourage them to very carefully consider ALL aspects of safety, which would include consideration of the latest, greatest safety technology.

The alternative — doing nothing, using an old, unsafe table saw — is not wise. According to an October story by The Associated Press, the U.S. government says about 10 people EACH DAY lose a finger or get their hand mangled by unsafe table saws! That is remarkable!

The Consumer Product Safety Commission has started looking for ways to reduce injuries. The agency estimated there were more than 67,000 blade-contact medical injuries in 2007 and 2008, costing more than $2 billion.

Table saw makers say those numbers don’t reflect the new products like SafeSaw. So we’ll keep track of this story and watch for newer figures from the government!

In the meantime, be safe out there!

Thanks for reading.

Thanks, Jim

_________________________________

James B. Reed

NY & PA Injury & Malpractice Lawyer

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Blogs: NYInjuryLawBlog.com and

NYBikeAccidentBlog.com

Consumer agency pushes for safety rules for table saws (usatoday.com)
Govt looks for ways to reduce table saw injuries (seattletimes.nwsource.com)

ELMIRA ATTORNEY GIVES TIPS ON WHAT TO DO IF YOU SUSPECT MALPRACTICE

Christina Sonsire — Thu, 13 Oct 2011 20:44:26 +0000

Image via Wikipedia

Many people are paralyzed by the thought of medical malpractice. Doctors and nurses — some of the most respected members of our society — are there to help and heal us. They come into our lives when we need assistance, and we place our trust in their judgment and skill.

But, what happens when something goes terribly wrong?

There are several steps you should take if you suspect you or a loved one have become a victim of medical malpractice:

1. Ask LOTS of questions. This advice actually applies to all interactions with medical professionals, because the more informed you are about your own health, the more likley it is you will understand the treatment being provided to you. Don’t be afraid to tell a doctor or nurse you don’t understand the technical terms being used. Ask specific questions about your diagnosis and prognosis, and inquire about all alternative treatments that are available to you. Ask your doctor or nurse directly if something went wrong. Although you may not get a straight answer, it never, ever hurts to ask. Knowledge is power, and when you are talking about your health, you want to be the most powerful person in the room.

2. Take LOTS of notes. It is hard to remember everything that happens, especially if you are sick for a long period of time and are under substantial stress. Take notes yourself or have a loved one keep an ongoing diary. If you are in the hospital, write down the names of each and every nurse, aid, doctor and resident who comes into your room with a brief description of what each person did and said. Remember, however, to show discretion. Ultimately your health and recovery are the most important things, and you don’t want to create any unnecessary tension. Some health professionals may become anxious if you are taking notes each time they treat you, and preoccupation with notetaking can distract you from paying close attention to what the doctors and nurses are actually doing and saying. The primary purpose of taking notes is to help you remember what happened down the road, but getting better is certainly a much more important goal.

3. Research. Gone are the days when medical knowledge is held by those with years of training. The internet is full of very good resources about all types of medical conditions. I generally start with an organic google search then look on you tube to see if any videos are posted about the condition I am researching. I have assembled several very useful compendiums on various medical conditions, and you are welcome to contact me at the email address below to see if I have anything that is helpful for you.

4. Request your medical records. You generally want to wait until you have made substantial recovery before requesting your records. To request records, simply call or go to the medical records department at the hospital or office where you were treated and request copies. ALWAYS GIVE A DATE BY WHICH YOU EXPECT TO RECEIVE THEM! Even though most records are kept electronically these days, records offices often wait weeks or even months to provide them. If the date you gave comes and goes and you have not received the records, call or go to the office immediately and request them again. In New York state it costs $0.75/page for each page of records, but providers are not allowed to withhold them solely on the basis of your inability to pay.

5. Call a malpractice attorney. Ultimately this is the best way to find out if you actually have been the victim of malpractice. I screen many, many potential medical malpractice cases each year, and even though Ziff Law only excepts a few due to a variety of reasons, I am usually able to give the potential client a good sense of whether or not has been victimized.

The bottom line is that you have a right to know what happened. By taking these steps you may be able to finally get some answers.

Thanks for reading.
_________________________________
Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web:zifflaw.com
Blog: NYInjuryLawBlog.com

Lawsuit Pierces Medical Code of Silence, Says NY Medical Malpractice Lawyer

Jim Reed — Thu, 29 Sep 2011 19:48:01 +0000

Speak No Evil says the Medical Community!

As a NY medical malpractice lawyer for more than 25 years, I am well aware of the “white-coat conspiracy of silence.”

This is an unwritten but well-known code of conduct that is routinely followed by doctors, nurses, hospital administrators, etc., that says:

“No matter what … never, ever, EVER … admit that one of your medical colleagues did anything wrong.”

A recent NY case against a Manhattan hospital turned that Code of Silence upside down when it ordered a doctor to turn over an email that he had written that was critical of the medical care provided to a patient. Needless to say, defense lawyers for the hospital who were claiming the medical care was OK screamed bloody murder and tried everything in their power to suppress this email so it would never see the light of day.

Here is a quick summary of the lawsuit, from a New York Law Journal article:

Rose Lowenthal, 89, died from post-operative developments two days after successful hip surgery at New York Downtown Hospital in December 2008.

Her surgeon, upset by her death, wrote an email to the chief of the hospital’s surgery department, criticizing Mrs. Lowenthal’s post-operative care.

Mrs. Lowenthal’s son filed suit in 2009 and the hospital refused to turn over the email, saying it was confidential because it was turned over to the hospital’s Quality Assurance Committee.

But a Manhattan Supreme Court justice rejected that argument, telling the hospital to turn over the email in the lawsuit because the hospital had not proved the email was written for the committee.

In an affidavit, the surgeon said he wrote the email on his own, and added that he was not invited to participate in the committee’s meeting or the morbidity and mortality meeting in Mrs. Lowenthal’s case.

The family’s lawyer, Scott Rubin of Levine and Grossman in Mineola, said the doctor’s unsolicited critical letter was the first of its kind he’d seen in more than 30 years of practice.

“Usually doctors don’t send letters excoriating departments or other doctors,” he said, adding with great understatement that the email “could be quite helpful to me.”

Why would the hospital’s lawyers be so upset by the disclosure of this email? Wouldn’t they want the truth to emerge? Wouldn’t they want to improve the medical care provided by the hospital?

Well, you would think so, but the reality of it is that these lawyers don’t want any doctor’s criticism of another doctor or medical provider to EVER see the light of day ….

I am glad the judge disagreed and ordered them to turn over the email!

Thanks for reading.

Jim
__________________________________________

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

Injury Lawsuits Make ALL of Us Safer, Says N.Y. Injury Lawyer

Jim Reed — Thu, 18 Aug 2011 12:38:25 +0000

Leslie D. Kelmachter

Sometimes it is easy to forget all the good that is accomplished by lawsuits. Seatbelts, airbags, fire retardant pajamas, safer workplaces, safer cars, safer roads….the list goes on and on…..our lives made safer as a direct result of lawsuits.

Sometimes we need a reminder and this week, two Upstate N.Y. newspapers published two excellent articles on this very issue.

Leslie Kelmachter, the president of the New York State Trial Lawyers Association made an impassioned and powerful defense of the power of lawsuits in two newspapers this month.

In the Aug. 11 Ithaca Journal, Leslie Kelmachter, argued in an op-ed that “eliminating workplace protections and punishing victims of negligence and their families” is not the way to stimulate New York’s economy and create jobs. Kelmachter wrote “Lawsuits Are Powerful Way To Get Justice For Consumers” in response to a Guest View the newspaper ran that argued that limiting victims’ rights to access the civil justice system would be good for New Yorkers.

In an Aug. 12 Letter to the Editor of The Buffalo News, Kelmachter again strongly rejected the argument to limit victims’ access. The writer of the Another Voice column said limiting legal access benefits New Yorkers, but Kelmachter correctly pointed out that “eliminating vital protections for workers and consumers only helps big business and hurts average New Yorkers.”

In the Ithaca newspaper, Kelmachter writes about the McDonald’s “Hot Coffee” lawsuit, a case made famous with a great documentary.

The 79-year-old victim’s lawsuit revealed that hundreds of people were burned by coffee that was too hot. The jury found McDonald’s at fault and it stopped making its coffee at dangerous temperatures.

As Kelmachter summarized in the Ithaca newspaper: “Corporations and their front groups, under the friendly sounding banner of ‘tort reform,’ paint the picture that those who want their day in court are abusing the civil justice system. But the trial-by-jury system is the time-honored means by which Americans hold our government and big corporations accountable. Preventable injuries cost all New Yorkers. Protecting workers and consumers makes New York a stronger state.”

Thanks for reading.

Jim

_________________________________

James B. Reed

NY & PA Injury Lawyer

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Blogs: NYInjuryLawBlog.com and

NYBikeAccidentBlog.com

“Hot Coffee,” the Movie, Highly Recommended For Those Who Want BOTH Sides of the Story

Jim Reed — Mon, 27 Jun 2011 19:41:46 +0000

Everyone has heard of the “frivolous” McDonald’s hot coffee lawsuit – the one where a jury awarded millions of dollars for some spilled coffee. But have you ever wondered if you knew the whole story … whether there might be more to the story of why a jury might have returned a large verdict for a little spilled coffee?

I can tell you that I have been trying injury lawsuits in Upstate N.Y. for more than 25 years, and when I am picking a jury, I am always confronted by the idea of “runaway juries” and “ridiculous verdicts” and the McDonald’s case is always advanced as the poster child for where the personal injury system has gone wrong.

Many times I have explained the true facts behind the McDonald’s case. When people hear what really went on, they understand exactly why the McDonald’s case isn’t crazy after all:

I explain that the woman suffered horrible burns, leaving her with permanent scars.
I explain how this particular McDonald’s purposely kept its coffee hotter than other McDonald’s despite previous people who were injured by the scalding coffee.
I explain how the judge reduced the jury verdict for punitive damages from $2.7 million to $480,000.
I explain that the legal system actually worked as it should in that case because ultimately McDonald’s was only ordered to pay an amount that was just and fair to the victim as well as an amount that was just and fair to McDonald’s.

But better than any explanation I can provide is a new movie called “Hot Coffee,” which tells the real tale behind the McDonald’s case. This movie is playing on HBO right now and I strongly urge you to watch it if you get the chance.

Don’t worry – the movie is actually much more interesting and entertaining than it sounds.

So you can learn more …

Here is the movie website and the HBO website.

To read an interview with the filmmaker, click here.

And here is the trailer for the movie:

Below I have pasted a recent review of the movie by noted lawyer Gerald L Shargel.

One thing I have learned as a trial lawyer is that there are ALWAYS two sides to every story, so it’s important that we always hear BOTH sides before reaching a final conclusion ….

Thanks for reading and please let me know what you think of the movie!

Thanks, Jim

_________________________________

James B. Reed

NY & PA Injury & Malpractice Lawyer

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Blogs: NYInjuryLawBlog.com and

NYBikeAccidentBlog.com

From Gerald L. Shargel’s review:

“While there may be no reliable data about the number of frivolous lawsuits filed each year, the civil justice system is largely self-regulating and the vast majority of frivolous lawsuits are weeded out early. The initial filtering process is the assessment of the case by lawyers who often take cases on a contingency basis, earning a fee only if there is a recovery; lawyers understandably will avoid a case where the claim is unlikely to succeed. Even after a jury verdict, a judge has the right to modify a jury’s damage award if the evidence does not support it. In Stella Lieback’s hot coffee case against McDonald’s, the trial judge reduced the $2.7 million punitive damages verdict to $480,000, while compensatory damages were reduced from $200,000 to $160,000.

“Tort claims serve the public good. More than simply compensating victims, meritorious lawsuits can force corporate or individual defendants to change or modify the behavior that caused the harm or injury. Hot Coffee lends a strong voice to those who favor fundamental fairness in redressing well-founded claims.”

To see the full review, go here.

Must See TV: Hot Coffee Premieres on HBO on Monday 6/27 (lawprofessors.typepad.com)

“New” Chemung County Court Schedule has Good Intentions, but Bad Implications, says NY Accident Lawyer

Jim Reed — Wed, 22 Jun 2011 18:09:06 +0000

The new shorter court schedule will be bad for Chemung County courts.

Due to huge NY State cutbacks in the budget for NY courts, many courts are being forced to take drastic measures in an effort to reduce the cost of court operations.

One example right here in Chemung County is that ALL Chemung County courts will now be operating on a reduced schedule.

Chemung County courthouses will now be open from 8:30 a.m. to 4:30 p.m. but actual court hours will only be from 9 a.m. to noon and 1 to 4 p.m.

This is a far cry from the hours the courts used to be open when I first started practicing 25 years ago. Back in the “good old days,” the court schedule varied from judge to judge but it wasn’t unusual if you were in a long trial for a judge to “start early and stay late” so as to get as many witnesses completed in a day as possible. Under this new system, all hours are mandatory with no exceptions unless you get written permission from the Administrative Law Judge.

The “new” operating schedule for Chemung County courts has whittled the court day down to a meager six hours (three hours in the morning and three in the afternoon). We often hear judges at all levels complaining about the backlogs in their dockets. One thing is for sure: the “new” court hours are only going to make things worse for our local courts by contributing to their already significant backlogs.

Specifically, limiting the court day to only six hours will increase the number of days required for trials. Trials that would normally last three days under the “old” schedule now will last four or even five days under the “new” schedule. This will, in turn, force courts to delay or push back other proceedings before the court to later dates.

I fear that the increase in backlogs will negatively impact our clients by further delaying the completion of their cases. Even though obtaining compensation through our judicial system has always been a long journey, the shortening of the court day will only make things worse.

Now don’t get me wrong, I certainly don’t blame our local judges for this mess as frankly this new schedule is not of their creation — it is required by the massive state cutbacks that have negatively impacted the courts in many different ways. In fact, NY judges have the biggest beef of all because they have worked without a pay raise for more than 10 years, which simply isn’t fair (but that is a subject for its own blog post!).

Thanks, Jim

_________________________________

James B. Reed

NY & PA Injury & Malpractice Lawyer

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Blogs: NYInjuryLawBlog.com and

NYBikeAccidentBlog.com

NY Malpractice Lawyer Discusses “Wrong-Site” Surgery Cases: Did We Operate on the WRONG Leg?

Jim Reed — Tue, 21 Jun 2011 13:48:28 +0000

It's up to you to be vigilant when you or someone you love faces surgery!

As a New York medical malpractice lawyer who has handled “wrong-site” surgery cases, I wasn’t too surprised to see the news report that estimates that 40 times a week (that’s more than 2,000 times a year!), doctors mistakenly operate on the wrong site.

Huh, the wrong site? Yup, that happens when a doctor is supposed to operate on a RIGHT knee and he operates on the LEFT knee. Or the doctor was supposed to operate on the left eye and he operates on the right. Can you say “Ooooooppppsss”?

But this is NOT funny. The victims of wrong-site surgery suffer all the dangers of surgery (bleeding, infection, scarring, disability, etc.) with none of the benefits of the surgery they were supposed to receive. In fact, many times, the patient is so weakened by the wrong-site surgery that they don’t have the strength to undergo the surgery they were supposed to have.

The Washington Post reported this week that seven years after the Joint Commission, the group that accredits our nation’s hospitals, unveiled mandatory rules to prevent surgery errors, the problem may actually be getting worse!

The good news is that progressive hospitals and doctors are implementing strategies to combat wrong-site surgery, according to the report. Some strategies are simple: require the doctor to physically mark the site of the surgery during the pre-operative preparation; make both doctors and nurses double-check one another as to the proper site of the surgery, and so on.

Medicare is also creating a very strong incentive for doctors and hospitals to ensure that they do not perform surgery at the wrong site by refusing to pay any of the expenses associated with the incorrect surgery. Nothing like hitting someone in the pocketbook to make them pay attention!

And finally, the prospect of an expensive medical malpractice lawsuit is also a strong deterrent to this sloppy mistake that simply shouldn’t occur. In NY and PA, where I routinely practice, it is medical malpractice for a doctor to perform surgery at the wrong site because the standard of care for proper surgical practice always requires the surgeon to confirm the proper site for surgery BEFORE operating.

According to the Washington Post report, based on state data, Joint Commission officials estimate that wrong-site surgery occurs 40 times a week in U.S. hospitals and clinics. In 2010 alone, 93 cases were reported to the accrediting organization, compared with 49 in 2004.

“Attention to the problem comes at a time of increased focus on the broader issue of medical errors, which a recent study found affected one-third of hospital patients,” the report said.

The federal government recently introduced a program aimed at reducing medical mistakes, the Post reported. Medicare requires reporting and does not pay for wrong-site surgery, and many insurers have followed suit, the Post added. Next year, Medicaid will begin a similar policy.

Wrong-site mistakes have multiple causes, experts told the Post: mixing up the left and right sides; operating on a patient who was accidentally given test results belonging to someone else; marking the incorrect vertebrae in spinal surgery; neglecting to mark the site at all. Some occur even though a member of the surgical team thinks something might be wrong but fails to speak up, fearful of slowing the process or challenging the surgeon in charge.

Please remember when you or someone you love is facing surgery – be watchful and ask questions!

Thanks, Jim

_________________________________

James B. Reed

NY & PA Injury & Malpractice Lawyer

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Blogs: NYInjuryLawBlog.com and

NYBikeAccidentBlog.com

New York Accident Lawyer | New York Malpractice Attorney | NY Injury Lawyer » Lawsuits

UPDATE: More Elmira Pedestrian Accidents …. It’s Time for Drivers to Wake Up and Watch Out for Walkers and Bicyclists

These drivers are distracted by phones, radios, texting — or they are simply not paying attention.

BUT REMEMBER: NY LAW REQUIRES A MOTOR VEHICLE TO YIELD TO A PEDESTRIAN! So regardless of the color of the light, if you see a pedestrian on the road, follow the law and give them a safe distance.

Finally, FOCUS ON THE ROAD — not your text messages or your missed phone calls or talk radio or talking with your passengers.

Someone else’s life may depend on you paying attention to the road!

Appeals Court, CPSC Urge Wider Use Of SawStop Technology, Says NY Woodworking Attorney

SawStop works. As I said in my last post, I encourage all of my woodworking friends in Elmira, Corning and the Twin Tiers to check out the latest in safety technology.

Please, be safe out there. Always put safety first, even if it costs you more than you wanted to spend.

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The maps serve as a stark reminder to all of us to SLOW DOWN and PAY ATTENTION TO THE ROAD. Shut off the cell phone. Cut down the chatter. Be vigilant. Live in the present.

Respect the lives of others, and be mindful of the dangers around you. Distracted driving kills. Next time you’re on the road, think of the people lost in accidents on that map.

With Rise In Accidents, NY Woodworking Lawyer Urges Table Saw Safety

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Why would the hospital’s lawyers be so upset by the disclosure of this email? Wouldn’t they want the truth to emerge? Wouldn’t they want to improve the medical care provided by the hospital?

Well, you would think so, but the reality of it is that these lawyers don’t want any doctor’s criticism of another doctor or medical provider to EVER see the light of day ….

I am glad the judge disagreed and ordered them to turn over the email!

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So you can learn more …

From Gerald L. Shargel’s review:

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Please remember when you or someone you love is facing surgery – be watchful and ask questions!