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.

Despite the clear negligence on the part of the Corning Hospital staff nurses, the medical malpractice insurance carriers for the Hospital and the Guthrie Clinic (Guthrie now owns the Corning Hospital), stubbornly refused to settle the case. It was not until 2007, more than NINE years after the baby’s birth in August, 1998, that the lawyers for the malpractice insurance companies finally made any offer to settle the case. And it was not until after Steuben County Supreme Court Judge Joseph Latham actually set a firm trial date, that the carriers finally offered a present value amount of $2,400,000 to settle the case. By very sophisticated use of annuities, life insurance planning and a Supplemental Needs Trust, the expected payout of benefits to this little girl over her projected lifetime will be more than $20,000,000. It sounds like a lot of money but given the high cost of medical care and the 24/7/365 medical needs of this child over her lifetime, each and every penny will be necessary for her care.

As experienced medical malpractice attorneys know, there is no such thing as an “easy” medical negligence case. No matter how strong your case, the doctors, hospitals and their medical malpractice insurance carriers, defend these cases tooth and nail. They force you to spend year upon year and tens of thousands of dollars (we have invested more than $80,000 in some cases) prosecuting your case. Consequently, there is nothing more satisfying than to resolve a case in a manner that you know will benefit your deserving client for the rest of their lives…

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The headlines this morning said it all:

• Buffalo Car Accident Kills Two
• Snow Causes Two Car Crash in Elmira
• Corning Highway Accident Due to Snow

In my area of Upstate New York, the first snow falls of the year provoke lots of car crashes and auto accidents.  Having spent my career representing people badly injured or killed by accidents, I have seen the same accident causes over and over again.  The sad part is that the vast majority of accidents are totally avoidable IF drivers gave some basic thought to safe driving practices.  Frankly, there would be a whole lot less winter car crashes if people used some basic common-sense when winter driving.  Here’s a few tips to make you a safer driver in the snow and ice:

• Install Good Snow Tires– This seems like a no brainer but I can’t tell you the number of lawsuits I have handled where drivers were driving on bad or even bald tires.  In the winter, you need traction and snow tires are essential.
• Clean the Snow and Ice Off Your Windows BEFORE You Start Driving– How many times have you watched drivers trying to drive with just a small cleared area on the front windshield.  How the heck do you expect to make safe turns if you can’t see out your side windows?  How are you going to see the cars behind you if you can’t see out your rear window or use your mirrors?  OK, I know it’s cold and you just want to get in to the shelter of your car but it is critical that you take the time to clear your windows.
• SLOW DOWN IN THE SNOW– Simple but the single best way to avoid a car crash.  Just because the speed limit is 55mph or 35mph does NOT mean it is safe to go that speed.  Remember:  As a driver, you are legally required to have your car under control at ALL times.
• Choose the Safest Route– As someone who has lived in this area of Upstate NY for my whole life, I am always amazed that some people will choose routes that everyone knows are very dangerous in the winter.  For instance, we live in an area of steep hills and deep valleys.  Often, it might be faster to go over a hill rather than the long way around a hill but in winter conditions it is usually much safer to avoid the hills whenever possible.
• Carry a Cell Phone and Equip Your Car with Basic Supplies– God forbid that you follow these safety rules and you have an accident anyway but if that does happen to you make sure you have some basic supplies like a cell phone, blankets, flares, drinking water, some food.  If you are involved in an accident, most experts strongly urge you to stay in your car (so long as it is in a safe location) and wait until emergency help arrives rather than setting off in a snowstorm to find help.  Every year we hear of someone who dies due to exposure following a car accident…the best advice is to stay put.

I wish you a safe and happy winter driving season.  “Let’s be CAREFUL out there!”

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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I am frequently asked about settling of Workers’ Comp cases. The question of whether or not to settle your Workers’ Comp case is an individual choice that involves a lot of factors. However, I’ll address a couple of important points that touch on the concerns I see raised by folks on our blog and in my practice.

An important thing to keep in mind about settling a Workers’ Comp case is that settlement is voluntary for both parties and the insurance company is only going to seriously consider settlement for the amount of their liability, which probably doesn’t come close to your loss. Insurance companies evaluate everything in terms of dollars and cents so if a settlement doesn’t make economic sense, they’re not going to be interested.

Insurance companies are generally interested in settling for around 5 to 5 and 1/2 years of your payments. On occasion, we can negotiate higher, but 5 to 5 and 1/2 years is pretty much the ballpark. A couple of reasons for this are that the insurance company is looking forward to a time when they may pass liability for your claim on to a state fund or they find another way to get out of paying you. See NY Workers’ Comp and Labor Market Attachment Revisited.

The most important point about settling your Workers’ Comp claim is to NOT settle before you’re at maximum medical improvement. If your injury is recent, insurance company representatives may be hounding you to settle. The overwhelming majority of settlements settle both lost wage payments and medical benefits. I advise our clients to NOT consider settlement of their claims until their work injury is at maximum medical improvement.

I would be happy to hear any questions you may have about settling your Workers’ Comp case.

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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“Let’s be CAREFUL Out There”…..  That’s Sergeant Phil Esterhaus’ famous line from Hill Street Blues he used every day before sending his police officers out on the street to fight crime.

That same advice applies to the hundreds of thousands of hunters who will be hitting the woods on Saturday for the opening day of gun season for deer hunting in New York State.

By all means, PLEASE, let’s be careful out there.

As an injury attorney for more than 20 years in an area of Upstate NY known for great hunting (Chemung County, Steuben County, Yates County and Schulyer County), I have unfortunately witnessed the cruel consequence of what happens when hunters don’t follow the basic rules of hunter safety.

On behalf of my injured clients, I have brought a wide range of hunting negligence lawsuits:

• A turkey hunter shot not once, but twice, by a 17 year old hunter who failed to confirm his target BEFORE pulling the trigger.  He claimed that “I thought it was a turkey” despite the fact that the hunter he shot two times at close range was 6′2″ and 260 lbs.  Might big turkey…..

• A deer hunter killed by a hunting companion who “forgot” his buddy was hunting in a stand of trees and who shot into that stand of trees when he “heard a deer moving.”  Turned out he heard his buddy, who was dressed in safety orange, standing up to come out and greet him.  Sadly, this hunter shot and killed his buddy.

• A deer hunter who shot into a home badly injuring a woman as she lay sleeping in her own bed.  Despite the fact that the hunter was within 350′ of the woman’s home, he felt that there was “no problem” shooting that close to a home.  Too bad for him that NY law makes it unlawful to shoot within 500′ of a dwelling.

These are just a few examples of the many different ways that people can be hurt by hunters who fail to follow basic safety rules.  Now, don’t get me wrong, I come from a family of hunters and some of my good friends are avid hunters.  But good hunters know the importance of safety and my experience is that good hunters are safe hunters.  They know to follow the basic safety rules hammered in to my thick head by my father many years ago:

• Treat every gun as if it is loaded AT ALL TIMES.

• NEVER shoot until you have clearly and unmistakably identified your target.

• ALWAYS empty a gun of its shells after leaving the woods and before putting the gun in the car.  Even unloaded, assume the gun is loaded.

• ALWAYS know what is behind your target and if you are not sure, do NOT shoot.

• NEVER shoot toward a house, barn or livestock.

Of course, these are just a few of the many rules that every hunter should know and practice every time they go out.  A super resource for New York hunting information is the DEC website at www.dec.ny.gov.

I hope everyone has a safe, fun and productive hunting season.  Let’s be careful out there….

Thanks for reading,

Jim Reed
NY & PA Injury & Malpractice Lawyer
jreed@zifflaw.com

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One of the things that drives everyone nuts is trying to schedule depositions in multi-party cases.  Trying to coordinate the schedules of 3,4, 8 or 10 different trial lawyers to find a mutually convenient date is nearly impossible.  In the old days, this task involved many, many phone calls and follow-up phone calls.

Thankfully, there is now a MUCH better way to schedule meetings than the “old way” that involved picking up the phone.  It’s a website that makes scheduling EASY.  My paralegal just came to my door with a huge smile on her face after using this website for the first time–  her exact words:  “It is SO easy and SO fast.  It saved me TONS of time.”  You don’t get a better endorsement than that from a very busy paralegal.

Below is the tip I received last month form Susan Liebel’s excellent blog, Build A Solo Practice, that turned my on to this great website.  Read below for the details.

Hope this tip helps legal secretaries and paralegals everywhere!  By the way, it is also useful for ANYONE who has to coordinate the scheduling of a date for many people.

Thanks for reading,
Jim Reed
New York & Pennsylvania Accident & Malpractice Lawyer
jreed@zifflaw.com

“Tip of the Week” - Scheduling Through ‘When is Good’

via Build A Solo Practice, LLC by Susan Cartier Liebel, Esq. on 10/5/08
H/T to Allison Shields of LegalEase for turning me on to this nifty and FREE time-management tool that helps to eliminate phone and e-mail tag when trying to schedule a meeting.  It’s called “When Is Good.”
Here’s how it works:
When you go to the site, you’ll be provided with a grid containing dates and times. You can customize the grid, change time zones, etc. Then you’ll click on the dates and times that you’re available. You’ll receive a link that you can email to all of the potential meeting participants, as well as a results code to view the results.
Meeting participants will click on the link in the email you’ve sent them. The link will take them to a page with all of the available meeting dates and times and instruct them to click on all of the dates/times when they are also available.
You can then visit the results page and see when everyone is free.
You also have an option to create an account that will save all of your events in one place.
This cool and FREE little tool can save a lot of time devoted to the complicated task of coordination which, as Allison points out, can eat up more time then the actual meeting.  I will just have to start using this with my clients.  Thanks, Allison!

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The one-car accident described below got me thinking about a question I am often asked:

If I am riding in a car driven by one of my friends and he does something dumb (speeding, driving drunk, driving too fast for conditions)  that causes me to get injured, can I bring a claim against my friend?

The short answer is YES. If you have been hurt due to the negligence, carelessness or recklessness of another, you can bring an action against them even though they may be your friend, your relative or even your spouse.  That goes too for the driver of a car in which you are riding.

Now this does NOT mean that every car crash results in a valid claim or lawsuit.  Both New York and Pennsylvania have rules about when you can and cannot bring a lawsuit.  For instance, NY requires that you have suffered a “serious injury” in order to qualify to bring a lawsuit in NY auto accident case and in Pennsylvania your right to bring a lawsuit may be determined by whether you elected the full tort or limite tort option.

But what this DOES mean is that just because you have some relationship with the negligent person, does NOT automatically disqualify you from bringing a claim against them and their insurance company.

I hope this helps clarify this issue.

Thanks for reading,

Jim Reed
New York & Pennsylvania Auto Accident Lawyer
jreed@zifflaw.com

Bradford County Crash Injures Three People

Contributor: Katie Graham, WETM-TV

ATHENS TOWNSHIP-Athens Township police are investigating a one-car accident that sent three people to the hospital Monday night.

It happened on Wilawana Road near the Dandy Mini-mart, near exit 59-A, around ten o’clock Monday night.

Athens Township police say they’re not sure how the accident happened.

Ambulances took three people to Robert Packer Hospital.  Their conditions are unknown Tuesday morning.

Related article

• Pennsylvania Accident Lawyer Explains That Many PA Car Insurance Policies Do NOT Provide Death Benefits
• New York Accident Lawyer Applauds a Defensive Driving Course for Teens in Watkins Glen, NY

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Thanks for reading,
Jim Reed
New York & Pennsylvania Car Crash Lawyer

Teens Learn How to be Safer Drivers
Reported by: Camille Williams, WETM-TV, Elmira, NY

Watkins Glen

Some Southern Tier teen drivers put the pedal to the metal at Watkins Glen International Saturday.

But they weren’t racing; instead they were learning how to stay safe on the road.

It’s part of a Tire Rack Street Survival program, where teenagers learned how to avoid accidents and how to be good drivers.

Around 30 different teens took part in the training event in Watkins Glen.

4 different stations taught the teens how to deal with real-life situations.

For example, they learned how to make sudden stops on slick roads and how to make sudden moves to avoid accidents.

Parents say they’re glad their kids were a part of the experience.

“This is different than what a driver’s education program would provide any way it’s not really what you’d experience on closed public roads that we teach our kids to drive on.” Says Diane Van Delden, Parent

Watkins Glen International officials say the race track teamed up with the Genesee Valley BMW Club for the event.

This is the second year for the program.

HERE’S ANOTHER ARTICLE ABOUT THIS GREAT PROGRAM FROM WWW.THEGLEN.COM

Teen Drivers Survive the Street at The Glen

Most people that visit historic Watkins Glen International usually come for one reason and one reason only; speed. All of that changed on Saturday, November 8, as the Tire Rack Street Survival driving course took over the main paddock area to help teach teens how to “put on the brakes” and become safer and smarter drivers. This is the second year in a row that The Soul of America Road Racing has hosted this event in an effort to give teen’s practical experience beyond that of normal drivers’ education. A total of 30 students from cities as close as Elmira, NY, Trumansburg, NY, and Sayre, PA and as far away as Princeton, NJ attended the day of instruction at the legendary road course. The day started with a half hour classroom session in The Glen’s state-of-the-art Media Center. Following the classroom session, each student was paired with an instructor from the Genesee Valley BMW Club. The students then rotated through several drill stations that included a braking test to experience how their cars reacted to sudden stops, a cone course to practice accident avoidance, and a figure-eight course to teach how to deal with oversteer and understeer experiences. The blacktop of the paddock was wet from rain which helped better simulate difficult driving conditions such as snow and ice. Students completed each exercise in their own personal vehicle so as to understand how they would respond in each situation. The day ended with another quick classroom session to sum up all of the lessons. “This class has showed me what to do in emergency situations and allowed me to practice reaction skills that I would not be able to practice on the road,” said Kyle Vandelden, a driving school participant and student at nearby Trumansburg High School. “It’s good to know how my car reacts and to learn the car’s limits by pushing it past them with an instructor telling me how to handle things.” Watkins Glen International and the Genesee Valley BMW Club teamed up to support the Trumansburg schools’ committee for Teen Driver Safety. Many area businesses supported the school including McDonald’s, Glen Mountain Market, Subway, Dunkin’ Donuts and Wal-Mart, all in Watkins Glen, NY.

Tire Rack Street Survival programs are held nationwide with 56 such schools being held in 2007. The schools are open to any person between the ages of 16 and 21. Parents or students looking for more information about this program should visit www.streetsurvival.org.

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The consequences of deer collisions can be horrible– catastrophic injuries and death, totalled or badly damaged vehicles.

But deer collisions are NOT inevitable and there are some defensive driving steps you can (and should!) take to try to minimize the likelihood of hitting a deer with your car.  Over the last 20+ years I have handled many personal injury and wrongful death cases involving collisions with deer and I have learned first-hand that many drivers do not take reasonable precautions to avoid deer accidents.

Heck, I have lived in Upstate New York for all of my 47 years (ugh!), I drive MANY miles every year in highly deer infested areas, and I have never hit a deer.  Some would credit this with just good luck but I think it has less to do with good luck and everything to do with the fact that when my Dad, an avid hunter himself, taught me to drive, he pounded in to my thick teenage head, the need to drive defensively to avoid hitting a deer.

Below are a few simple tips that my Dad taught me that can greatly reduce your chances of hitting a deer.

DRIVING TIPS TO AVOID DEER COLLISIONS

1.  SLOW DOWN– If you are in an area that is known to harbor a large deer population, SLOW DOWN.  This sounds so simple but it is amazing the number of drivers who go the same speed even though they know that an area is known for a high number of deer.  Come on folks….we all know that you can’t go the same speed when roads are snowy and icy because the road conditions make it dangerous to go the “usual” speed.  The same is true for deer-infested areas.  If you know you are in an area where deer frequently cross the road, slow down and watch out for deer crossings.

2.  BE ON THE LOOKOUT–  During the Fall and especially during hunting season, EXPECT to see more deer on the road.  Expect to see them in unexpected areas.  Expect to see them behaving in unusual ways.   A buck in rut is blinded by lust and spends his days and nights chasing does for mating.  This mating activity greatly increases the number of deer crossings.  Likewise during the hunting season, deer are on the move trying to avoid the hunters in the woods.  For defensive driving purposes, this means we KNOW we are facing greater hazard from deer collisions so it means that we need to be even more vigilant in watching out for deer.

3.  IF YOU SEE ONE DEER, MORE WILL INEVITABLY FOLLOW– Another simple rule. However, it’s amazing the number of drivers who will see one deer at the side of the road and won’t slow down at all.  Not smart.  Deer, particularly doe’s, travel in packs, and during mating season those packs are often hotly pursued by one or more bucks.  Knowing this, smart defensive drivers slow WAY down when they see a deer anywhere near a road.

I hope these tips help you safely navigate the high-risk deer season.  Best of the season to you!

Thanks for reading,

Jim Reed
New York Accident Lawyer
jreed@zifflaw.com

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I recognize the Ziff Law Blog is not really a forum for political talk, and I know I risk offending some of you by posting about a topic that has charged so many people and forced us to consider where we are as a nation and where we hope to one day be.  However, this morning, as I went about my daily work, writing letters to insurance companies and returning phone calls to clients, I couldn’t shake the feeling that something was profoundly different about the world today and I needed to take a moment to reflect upon what has happened.

In the interest of full disclosure, I admit I supported Barack Obama from the start, though I respect John McCain and the sacrifices he has made for our country.

I also fervently supported Denise Juneau, my best friend from law school who became the first Native American woman in US history to win statewide office when she was elected Montana’s State Superintendent of Public Instruction last night by over fourteen percentage points.

However, this moment is much more encompassing than right v. left or red v. blue.   It is bigger than social issues and political agendas and talking points.  And, to me, it is more significant than the election of the first black president, though the importance of that milestone should not be understated.

The most profound aspect of the election’s outcome is our ability to finally join the global community of the 21st century.  It is no secret that our policies and actions over the past eight years of not only caused concern at home, but have resulted in substantial ostracism abroad.  I had an opportunity to spend six weeks abroad in 2001 and again last winter, and I assure you global sentiment toward the USA was neither positive nor optimistic.  Regardless of whether dismal global impressions of the USA were based upon sound reason, they were real, and deep and startlingly pervasive.

This year’s presidential election  gives us a chance to earn back our reputation for being the land of hope and opportunity, a place where anyone with a dollar and a dream can take a chance and make it big.  Barack Obama delivered an inspirational speech last night in Grant Park, where he described the mood of our nation: 

If there is anyone out there who still doubts that America is a place where all things are possible; who still wonders if the dream of our founders is alive in our time; who still questions the power of our democracy, tonight is your answer.

It’s the answer told by lines that stretched around schools and churches in numbers this nation has never seen; by people who waited three hours and four hours, many for the very first time in their lives, because they believed that this time must be different; that their voice could be that difference.

It’s the answer spoken by young and old, rich and poor, Democrat and Republican, black, white, Latino, Asian, Native American, gay, straight, disabled and not disabled — Americans who sent a message to the world that we have never been a collection of Red States and Blue States: we are, and always will be, the United States of America.

It’s the answer that led those who have been told for so long by so many to be cynical, and fearful, and doubtful of what we can achieve to put their hands on the arc of history and bend it once more toward the hope of a better day.

Change has come, no doubt about it.  Whether we wanted change or not, its here, and we are all about to embark on an uncharted path together.  These are exciting times, and, if nothing else, I am really happy to be alive and see where we go from here.

Thanks for reading,

Christina Bruner Sonsire, Esq.

csonsire@zifflaw.com 

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For our lawyer readers of this blog, a recommendation for a VERY useful tool– CiteGenie.

For those of you who are using FireFox as your browser, I recently discovered an awesome free Add-On called CiteGenie. It lets you cut and paste from Westlaw directly in to a Word document and it automatically pulls over all the citation info in Blue Book perfect form!!

This saves tons of time when you are researching because you can just cut and paste the good quotes and the citations are all there for you to use.

CiteGenie not only works for legal citations but also for other information that you cut and paste from the web—it brings over the website information and also lists that information in the proper Blue Book format.

I highly recommend CiteGenie. Here’s a recent review: http://www.llrx.com/features/citegenie.htm

You can find this Add-on at: http://www.citegenie.com/download_stable.html

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

Email: jreed@zifflaw.com

Web: http://www.zifflaw.com

Visit the New York Injury Law Blog at: http://www.NYInjuryLawBlog.com

Email me at FreeReports@zifflaw.com for two free books concerning NY

Car Accidents and NY Car Insurance Secrets YOU Need to Know.

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