Tragically, just 40 minutes can make the difference between a healthy baby and a little girl who will never walk, never talk, never feed herself, never have a boyfriend, never get married…

In this case handled by Elmira medical malpractice attorney Jim Reed, the Labor and Delivery nurses hooked the Mom up to an electronic fetal monitor and then left the Mom unattended for 40+ minutes. Unfortunately, fetal monitors are absolutely no good if no one is there to read the results….

That’s why the standard of care for labor and delivery nurses requires nurses to review the monitor strips for the first 20 minutes that the mother is placed on the monitor. If all is OK after 20 minutes, the Mom can then be left unattended for short periods of time. If the strips are not OK, then the nurse is trained to immediately intervene and summon a doctor if necessary.

In this case, a careful review of the medical records revealed that the mother had been left totally unattended for the first 40+ minutes she was placed on the fetal monitor. As you might have guessed, the monitor strips were bad meaning that the baby was in trouble and needed immediate delivery. The problem is that no one was in the room to hear read the results and respond to the baby’s cries for help. As a result, the necessary C-section to rescue the baby was delayed by more than an hour causing the baby to suffer profound brain damage (Cerebral Palsy). The baby was rushed from the Corning Hospital to the Neonatal Intensive Care Unit at the Arnot Ogden Medical Center in Elmira, but the damage was already done. The baby had a permanent brain injury called Hypoxic Ischemic Encephalopathy (HIE) which means that the baby’s brain was deprived of oxygen at birth. Read the rest…

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Our laws go hand-in-hand with common standards of human decency. Sometimes, however, there isn’t a law to punish behavior that is dishonorable. That’s when responsible lawmakers step up and make changes to the law.

New York State Assemblyman Tom O’Mara has sponsored “Steven’s Law,” an amendment to NY’s Vehicle and Traffic law, inspired by a tragic local accident case that I handled.

“Steven’s Law” would make it a misdemeanor for a passenger of a vehicle involved in a NY personal injury accident to fail to report the incident as soon as possible.

The tragedy behind ‘Steven’s Law’

The statute was prompted by the case of 17-year-old Steven Bacon of Ridgebury Township in Bradford County, who was killed in a hit-and-run accident the night of March 22, 2007.  Steven was riding his bicycle on Route 427  in Ashland when he was struck by a car driven by Kyle S. Bradley of Waverly. Bradley later testified he had swerved to avoid the passing vehicle of friend Andrew Zeller.

Bradley did not turn himself in until the next day. His passenger, Chris Knolles, did not report the accident either - and as reprehensible as that is, he had no legal obligation to do so.

Although Steven’s injuries were so severe that it is unknown if prompt medical aid would have made a difference, it was incredibly painful for his friends and family to know that his body was not discovered for more than 12 hours.

I have a connection to the case. I represented Steven Bacon’s estate and the Ziff Law Firm managed to settle for the insurance policy limits for the drivers who were responsible for his death.

Bradley was found not guilty on charges of second-degree manslaughter and criminally negligent homicide. The Elmira Star-Gazette reported that when Chemung County Judge Peter Buckley delivered the verdict, he said that although the issues to raise the accident to the level of criminal behavior were not present, “The crime (Bradley) committed was leaving the scene. It was a serious, terrible crime.”

Knolles knew as certainly as Bradley did that an accident had occurred. If  “Steven’s Law” is enacted, it will be a punishable crime for passengers to fail to report an accident.

I commend Assemblyman O’Mara’s efforts to pass this legislation. When lives could be at stake, there’s no excuse for keeping silent.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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• Flee an Accident? Hit and Run Drivers Face Serious Penalties (zifflaw.com)

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It’s been big news in the Twin Tiers: landmark Corning eatery Sorge’s suffered a devastating fire in December.

There are plans to rebuild, but issues have come up in the aftermath of the fire that are important lessons to everyone who depends on insurance to come to the rescue after an accident. And who doesn’t fit that description?

In a recent story, “Sorge’s Restaurant was ‘Under-Insured,”‘Owner Says,” WETM reported that Mike Sorge wished he would have re-evaluated his insurance policy before the flames broke out. Sorge found that the “replacement cost” policy he had won’t cover the costs of restoring the restaurant.

Sorge’s learned the hard way - having the wrong insurance or not enough of the right insurance can cost you A LOT of money. Lots more than you would have paid in premiums to have the RIGHT coverage.

I am no expert on fire insurance, but I have learned a lot about auto insurance in my more than 22 years of handling car accident cases. That’s why I wrote a small, but informative book about car insurance coverage that EVERY New York resident should have. If you are from New York state, you NEED a copy of  “Learn the Five Secrets to Buying Auto Insurance.” Click on the title to follow a link to your FREE copy.

What you can learn from my New York auto insurance book:

• How you can figure out exactly what situations you are covered for.

How you can know your insurance agent is telling you everything you should know.

How to select the best insurance plan for your family

Mike Sorge is sharing his hard-earned knowledge with other small-business owners in a series of Disaster Preparation workshops. When you know something from experience, that isn’t common knowledge and can help people, you want to share it. Take advantage of what I’ve learned through the years by getting  your free copy of my book.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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OMG, is it really worth risking your life to send a text message?

Apparently, to some drivers it is. Texting while driving is believed to be a factor in - or even the sole cause of - a growing number of car accidents.

It’s common sense that you shouldn’ t be typing and driving at the same time. That’s why I say kudos to the Schuyler County Legislature for passing a measure that bans text-messaging on the county’s roads. The ban was passed unanimously on Feb. 10.

As a clip from MSN Video, “Car accidents caused by texting on the rise” shows, authorities can be hampered by the lack of laws against texting while driving. Police may realize a driver is texting, but without a specific law against texting, have to wait until the vehicle commits a traffic violation to stop the car.

The Schuyler County ban on texting while driving is a GREAT new law that I think every county, state, the entire nation, should adopt ASAP.

You can’t trust people not to text

In a post on InjuryBoard.com, “Most Americans Want to Ban Texting While Driving,” it was reported that a national poll found 91% of people thought texting while driving was dangerous, but 57% of those polled admitted doing it!

And 66% admitted to not texting exactly, but  just reading text messages and e-mails while driving!

Here we have an activity that is obviously dangerous, but people still do it.

It’s convenient. They think “I can handle this.”

When you have a gap between what people know they should do - and what they are actually doing - that’s when to step up and pass a law that adds extra incentive to do the right thing - the safe thing.

The Schuyler County ban calls for a fine of not more than $150 for anyone caught texting while driving.

Thank you to the Schuyler County Legislature for being proactive and progressive. WTG.

Thanks for reading,

Jim
________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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You know those commercials for the Snuggie?  The “blanket with sleeves” that covers you no matter what you’re doing? No-fault insurance may seem like a Snuggie - but you should know it doesn’t always have you covered.

New York no-fault insurance provides a maximum of $50,000 to compensate people for medical expenses and lost wages arising from accidents involving the use or operation of motor vehicles.

The insurance company pays for:

• Basic economic losses such as lost earnings
• Necessary medical expenses
• Other expenses ($25 per day) caused by the injury

This coverage provides people with immediate relief for injuries received in accidents. At the same time, no-fault insurance avoids forcing every injured party into litigation in order to receive compensation for damages.

Every motor vehicle in New York State is required to carry no-fault insurance. And every person in the car - or person struck by the car - a pedestrian or bicyclist for example, - may recover their losses from that car’s no-fault insurance.

If that specific car is not insured, an injured occupant may collect on their own no-fault policy - or a policy belonging to any insured relative who lives in the occupant’s household.

So, it must be difficult to find a situation no-fault doesn’t cover, right? Not quite.

The motorcycle exception

Motorcycles are not covered by no-fault insurance - at least not in the same way motor vehicles are.

Even though a motorcyclist must carry no-fault insurance coverage, it benefits people injured by the motorcycle - not the motorcyclist or passenger. (A motorcycle passenger may, however, bring a liability claim against the motorcyclist  if he or she was negligent in causing the accident.)

Deal-breakers

You can void your own no-fault coverage if you are:

• Injured by your own intentional act.
• Operating a vehicle while intoxicated.
• Hurt while committing a felony or fleeing law enforcement.
• Racing or conducting speed tests.
• In a car known to be stolen.
• In an accident in your own car and you don’t have no-fault coverage.
• Are repairing, servicing or maintaining a vehicle and get injured while doing so.

The law of no-fault insurance is extremely complex, and involves many exceptions (many more than I have mentioned here) and supplements.  Don’t take this article as the last word on the subject.

If you have been involved in an auto accident, you should contact a personal injury attorney quickly - to make sure that your rights are protected and you receive just compensation.

Thanks for reading, Jim
_________________________________________
James B. Reed, Esq.
New York and Pennsylvania Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866  Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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Frustration is nothing new in accident and injury lawsuits. All the parties have something to complain about: insurance companies don’t like to pay high settlements, the courts are backlogged, and personal injury victims may have to wait years for their cases to be resolved.

Add to all these concerns the perception that the situation is getting worse.

In recent years, insurance companies have created the idea that there has been an explosion in the number of lawsuits. But a little history lesson puts that idea to rest. The Maryland Injury Lawyer Blog had an entry earlier this month about car accident lawsuits that really opened my eyes to the true situation.

The entry quoted a Time Magazine article, “Traffic Jam.” Here are some fast facts from that article:

• Car accidents account for more than half to three-quarters of personal-injury lawsuits. Tens of thousands of auto accident cases await trial in Chicago, Los Angeles and New York City.
• Car accident victims might wait years for their cases to get to the jury.
• Despite taking in huge sums in premiums, insurance companies suffer a net loss!

The pretty shocking truth is that the Time Magazine article was printed Jan. 10, 1964! That is more than 45 years ago.

I don’t write this in the sense of “Let’s all despair; things are never going to get better.” The reality is that the system is always being refined. Just because things aren’t perfect, let’s not forget to look at what is improving.

The truth is that there are fewer NY accident lawsuits per capita now than there were 20 years ago. In fact, statistics from the NY State Office of Court Administration show that there were actually more than 13,000 FEWER cases brought in NY Supreme Courts in 2006 than in 2002.

Will the legal system ever be perfect? Probably not, because “justice” is a perception to all the parties involved in a case. Most outcomes are likely to displease someone involved.

But it’s important to appreciate the fact that the law is continually being adapted to make things better. Maybe the law will never be perfect, but that is what it aspires to be.

Thanks for reading,

Jim
_______________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866  Fax. (607) 732-6062
Toll-free 1-800-943-3529
mailto: jreed@zifflaw.com http://www.zifflaw.com

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If you are involved in a New York car accident or a Pennsylvania car accident, you may be entitled to a settlement even if you were partially at fault.

Both New York and Pennsylvania have accident laws that allow you to recover even if a judge or jury concludes that you played a part in causing the accident.

These laws are called “comparative negligence” laws because they compare the relative negligence of each of the parties involved in an accident. These laws may permit you to recover money, but the amount may be reduced by the percentage you were found to be at fault.

How your degree of fault affects your settlement

Sound confusing so far? Here is an example: You were in an accident. The other driver was found to be 70% at fault and you were found to be 30% at fault.

The jury returned a total verdict in your favor in the amount of $100,000. The verdict would be reduced to $70,000, lowered by 30% (the amount of your fault).

This is a very simplistic explanation of a complicated area of the law, but it illustrates the general idea of comparative negligence.

Put expert advice to work for you

Your best bet is to hire an experienced personal injury attorney, with knowledge of New York and Pennsylvania accident laws. The Ziff Law Firm can analyze your accident case and guide you to the most favorable outcome.

Contact us for counsel on your car accident case, and check out our Accidents webpage for more information.

Thanks for reading,

Jim
_______________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866  Fax. (607) 732-6062
Toll-free 1-800-943-3529
mailto: jreed@zifflaw.com http://www.zifflaw.com

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If you’re on Workers’ Comp, I hope you read my “Ten Compmandments” in my blog post “Elmira Workers’ Comp Attorney Discusses the Ten Commandments of Workers’ Comp.”  A guy by the name of Lee emailed me a great question about labor market attachment based on that blog post.  His question was “if a case is closed and the claimant has been receiving a monthly check for over 10 years, does this claimant now have to find some kind of work or is this rule only applied to cases not yet settled?”  The short answer is: YES!  No matter how long you’ve been at a permanent partial disability, you have an obligation to look for work within your restrictions.

The other very important thing I want to mention is that the bad economy has nothing to do with your obligation to look for work.  If you’re partially disabled, you have an obligation to make a good faith effort to look for work within your restrictions.  The fact that the economy is bad only means that you may not get a job, but it doesn’t change your obligation to look for a job.  If you’re partially disabled you should be applying for at least 2 to 3 jobs per week and you should make and keep a record of your efforts in a notebook.  If you go somewhere to apply and they won’t take your application because they’re not hiring because of the bad economy, you should document that you went to the employer and that they weren’t taking applications.

Thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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I’m not Moses bringing down the Ten Commandments from Mount Sinai.  Heck . . . I’m not even Charlton Heston as Moses.  I am an attorney who currently represents about 700 Workers’ Compensation claimants.

You can think of my Ten Workers’ Compensation Commandments as the “Ten Compmandments” and they are among the habits of folks whose Comp cases do well. 

1. Immediately report your work injury to your employer.

2. Inform your medical providers that they’re treating you for a work related injury.

3. Treat with your physician every 45 days.  If you don’t, you may not be eligible for comp payments for the time periods for which you don’t have up-to-date medical.

4. If you are less than totally disabled because of your work injury, look for work within your restrictions.  See my post NY Workers’ Comp and Labor Market Attachment Revisited.

5. Do not talk with insurance company claim representatives or investigators.  Inform them that you’re represented and let your attorney talk to them.

6. Do not heed your neighbor’s Comp advice.  Discuss your case with an attorney.

7. Inform your attorney when you return to work or if you perform any work.

8. Keep your attorney’s office updated with your latest contact information: address; phone number; and email.

9. Attend your hearings.

10. Keep your all of your Comp records forever.

Thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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Dallas, Texas Attorney Bob Kraft recently wrote an informative blog post explaining some critical information regarding continued eligibility for Social Security Disability benefits after you have been approved.  The post is titled “How Long Do Social Security Disability Benefits Last?“  The text of the post is below.

How Long Do Social Security Disability Benefits Last?

Social Security Disability payments are different from other long term disability insurance programs. Often a private disability plan is defined, and dictates, for example, that you can only receive benefits for a specified period of time. Social Security Disability and Supplemental Security Income benefits, however, may last until you are able to return to work or you reach retirement age. If you are disabled at the time you reach the age of retirement, your Social Security Disability payments will be converted over to retirement payments.

Returning to Work and Continuing Disability Review: If you return to the workforce after being found disabled, the Social Security Administration can review your case and see if you continue to be disabled. You are also entitled to a trial work period after being found disabled. How to approach working after you have been found disabled is an involved issue, and you should call to discuss it with an attorney before you begin working.

In theory, all cases are subject to a continuing disability review after a certain period of years. Depending on your age and the type of impairments involved, you should be prepared to have your case reviewed several years after your disability is awarded. It is, therefore, important to keep track of all doctors you have seen since your disability was originally granted.

Thanks for reading,
Eric

________________________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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