The Basics Behind Medical Malpractice
At Argyropoulos & Associates, we know that those who have been subject to medical malpractice are often in a difficult position physically and emotionally. Being ill or requiring medical attention for bodily issues can already be a stressful time for anyone. Seeking treatment and then having that treatment backfire as a result of improper medical procedures or unreasonable mistakes can leave patients feeling hopeless and without recourse. The statute of limitations for medical malpractice is two and a half years in New York
How Is Medical Malpractice Defined?
Medical malpractice can be defined as when a healthcare professional causes undue harm or injury to a patient through not adhering to standard practices or not properly informing patients of all risks associated with any given procedure to be undertaken. When most people think of medical malpractice, they think of the most obvious cases such as errors or mistakes during surgery that lead to direct damage or loss of functions. While these cases are very grave, the realm of malpractice spans outside of surgery and into how care is given.
For example, if a physician gives unreasonable delay to the treatment of a condition that is easily identified and harm comes of it, that would be grounds for malpractice. It’s not enough for a medical professional to fail to meet standards of care, the patient must be able to prove that any harm they received was partly or fully in result of that negligence.
The Three Different Types of Medical Malpractice Damages
Malpractice damages can be categorized in a few different ways. Generally speaking, most categorizations will be something along the lines of this:
Compensatory Damages. These damages are awarded in response to any medical costs incurred as well as any wages that were lost as a result of missing work.
Non-economic Damages
These can be summed up as damages awarded for non-financial aspects of loss. A malpractice injury can result in very real, quantifiable damages such as loss of function or inability to perform work which leads to calculable loss of wages due to off time or the relinquishment of the victim’s career. These examples would fall under economic/compensatory damages.
In other words, non-economic damages account for things such as Pain and Suffering—which is a specific type of damage that must be specified and negotiated since it is highly dependent on the nature of the injury and how that would impact quality of life for the aggrieved.
Punitive Damages. This category of damages is reserved for only the worst offenders. If the malpractice is so overwhelmingly clear and was caused by an indisputable and reckless level of negligence, action could be sought to not only receive the prior category of damages, but also take legal action against the accused. The intent behind punitive damages is to punish the accused.
How Do I Know If I Have a Case For Malpractice?
Many malpractice cases have merit when you consider events in a timeline. The parameters of medical care are fairly well known if you feel as if you have received insufficient care and were neglected by a healthcare professional, there is a very real possibility you were. All too often, many doctors and healthcare professionals try to cut corners and save time by moving patients along too quickly or failing to listen to the patient with a compassionate ear. Everyone has had an experience where they tried to explain their condition to a doctor and felt as if they were not listened to. Not only is this unethical, but it is also dangerous to the patient and exceedingly costly to the provider.
Medical Malpractice Lawyers in New York
There’s no better way to determine if your medical malpractice claim has merit than to consult professionals. At Argyropoulos & Associates, we’ve successfully won numerous cases across the realms of medical malpractice, personal injury, workers’ compensation, and social security disability.
Call us today for a free consultation so we can hear your story and determine the eligibility of your case.
What Should I Ask When Visiting a Personal Injury Lawyer?
Meeting a Personal Injury Lawyer After an Accident
Being involved in an auto accident can be a harrowing ordeal. In many cases, injuries are sustained for both parties whether minor or major, some injuries are not at all obvious until medical examinations are done. For example, if you hit your head during the accident, it is in your best interest to do scans to ensure there was no damage done. Head injuries are notoriously deceptive—that is, an injury that does not hurt much at all can prove to be far more serious than initially expected. You may be under a great deal of stress when considering the prospect of having to pay for your injuries, the damage to the vehicle, and possibly the injuries and damages of the other person involved in the accident if the ruling does not go your way. It is for these reasons we’ve put together this small guide of things to consider when visiting a personal injury lawyer.
Document Everything ASAP
If you’ve been involved in an auto accident, one of the most important and time-saving things you can do is to document everything when it’s still fresh in your mind. Assuming you aren’t immobilized or gravely injured, upon being involved in an accident, it is wise to take stock of the scene before the police arrive. Take pictures of the damage to both vehicles from every angle as well as any skid marks on the ground. If there are any people who have witnessed the accident you can ask them to stick around for when the police arrive to give their version of the events.
A big detail that can make a difference in the verdict of your case was whether the other driver was guilty of distracted driving—using their cellphone while driving. New York is particularly known for its aggressive and strict laws regarding distracted driving. While it is not always the case, sometimes call or text records may be used against a person if the court orders it. The driver’s mobile service provider need not offer permission to access this information unless directly ordered by the court—these laws vary from region to region and court to court.
Questioning the Validity of the Case
One of the most important aspects of providing a quality service as a lawyer is offering a free consultation. A free consultation is in the best interest of all involved parties. At the very least, it can set your mind at ease to visit a lawyer to find out if your case has merit. While most attorneys are cautious in giving absolute opinions on cases, they are most certainly going to tell you if you have a good case or not based on the basic details of the incident.
This is precisely why documenting the details of your case prior to visiting is so important, the more information you have on hand that you can present to your attorney, the more efficiently they can set about a plan of action for your defense. Court cases are all about deadlines and being well prepared in advance, providing your attorney with concise information can save a lot of time.
When it comes down to personal injury/automobile accidents, the most important facet of the case is being able to determine and prove fault. Proving that the person who caused the accident was indeed at fault and is guilty of negligence is the number one goal of the case.
Personal Injury Law in Astoria, New York
At Argyropoulos and Associates LLC, we are well versed in the complex laws surrounding personal injury liability and New York’s accident laws. If you feel that you have been harmed due to someone else’s’ negligence, give us a call at 718-777-1777 or send us a message on our contact page!
Avoiding Slip and Fall Accidents at Work
According to the National Safety Council, a worker is injured approximately every seven seconds. The infographic states that the top 3 injuries which result in lost days are overexertion, contact with objects and equipment, and then slip and fall accidents. Much like OSHA would caution you, many if not most of these work-related injuries are avoidable with proper precaution and care.
Slips, trips, and falls are particularly avoidable with some common sense solutions. Here are some ways in which you can avoid becoming a victim of negligence.
Slips are a Common Occurrence in Astoria, NYC
Pay attention to the ground you’re walking on and watch out for any spills and/or oily surfaces. A small portion of the ground getting slicked with liquid and a bit of dirt can spell out unexpected disaster for you. We often laugh at cartoon characters that trip on banana peels, but the reality is that is how the scenario unfolds in many cases. A person unexpectedly meets the ground with significantly less traction than they anticipated and one foot slides counter to the other. Even in circumstances when a person does not fall due to the sudden loss of traction, there is a large possibility to cause strains and overstretched ligaments
Trips in the Workplace Happen Often
Trips happen for reasons different than slips. Most trips occur due to poor housekeeping. Many trips occur due to uneven steps or areas in the facility. Housekeeping is an apt name for this type of workplace negligence. If your workplace is unorganized and has objects laying around or objects which block your view or items such as power cables lying about on the ground, the likelihood that someone will experience a trip and fall is much higher than it needs to be. Tr
What are the Best Ways to Avoid Slip and Fall Accidents?
The first and foremost way to avoid slips is to wear slip resistant shoes. In many industries—especially the food service industry, many people slip and fall because they fail to wear shoes that adhere to the standards set by OSHA for Minimum Floor Coefficient of Friction (COF). It is the deeper treading on these shoes which give them their slip-resistant abilities. Treading greatly impacts how effective the shoes are at preventing any loss of traction.
However, that does not account for all slips that occur—if it did, there would be no need for legal action in regards to work-related slips. The truth of the matter is that many employers fail to adequately handle a manner of issues including but not limited to: wet ground, spills, environmental hazards due to weather, ground that has suddenly changing levels of traction.
There is something to be said about exercising personal caution in regards to how an employee maneuvers and conducts themselves in the workplace. However, much of what needs to be done in terms of workplace safety rests on the shoulders of the employer. Cleaning up spills, organizing the floor so that there are no obstructions and making sure all cords and cables are snug and routed properly as well as ensuring that there is adequate lighting in the workplace are all logistical issues that need to be handled by your employer.
Slip and Fall Accidents in New York City
In a perfect world, all workplaces would be streamlined, efficient and safe for traversal by employees. Sadly, this is not the case, and so in the meantime having a proper law firm representing you is in your best interests. At Argyropoulos and Associates LLC, we have extensive knowledge and experience regarding slip and fall accidents. If you feel as though you have suffered an injury due to employer/workplace negligence, do not hesitate to contact us so that you may be represented fully and fairly.
What is Social Security Disability?
To begin, let’s start off with the definition of disability from Social Security itself:
“You are entitled to receive Social Security disability (SSDI) or Supplemental Security Income (SSI) benefits when you are no longer able to perform a “substantial” amount of work as the result of a physical or mental impairment that is expected to last at least 12 months, or possibly result in death. To Social Security, a substantial amount of work, called “substantial gainful activity,” is making $1,220 or more per month, before taxes (or $2,040 per month for people who are blind, in 2019).”
Many conditions can meet the definition of disability if the condition is severe enough. This can include depression, anxiety, arthritis, asthma, heart failure, heart conditions, and other severe medical disorders. An applicant must have a very severe medical condition to win a disability approval based on the Social Security medical listings book (also called the Listing of Impairments). Generally, applicants will qualify if they can prove that their condition prevents them from performing work that will constitute substantial gainful activity (SGA).
The Definition of Social Security Disability
Social Security will look at an applicant’s job history over the past 15 years to assess whether or not you are capable of doing your job based on your medical and job history. Social Security will then assess whether you can perform other work that would qualify for substantial gainful activity. Individuals with severe mental impairments such as low IQ, anxiety, or depression will not be expected to perform work that require a large amount of concentration or focus, whereas a person with a severe physical condition would not be expected to regularly lift 50+ pounds.
How to Apply for Social Security Disability
Social Security’s evaluation process is naturally stringent, as thousands of people apply each day. When you apply for Social Security disability benefits, make sure to include a full list of your conditions, medications, symptoms, and impairments, as well as the names and numbers of your doctors, clinics, and hospitals that have been involved in your treatment. The more information that you can give to prove your condition, the better. Make sure that your doctor and other medical professionals know that your condition is limiting your ability to work as well.
Requirements for Social Security Disability Benefits
To qualify for Social Security Disability benefits, you must have paid taxes related to Social Security for a specific length of time. The number of years required for Social Security payroll taxes varies by age, and if you stop working and paying taxes, you must be able to show that the disability or condition began before the insured status ran out.
Social Security Disability Attorney New York
At Argyopoulos and Associate LLC, we provide assistance to individuals who are disabled and in need to Social Security Disability benefits. We also help appeal disability denials, as well as assist clients during every step of the application process. Since we have helped hundreds of people with this process, we are confident that we can help you win your case. Our law firm serves SSD clients in many areas of New York, including Manhattan, Brooklyn, Queens, the Bronx, Staten Island, New York County, Kings County, Queens County, Bronx County, Richmond County, Nassau, Westchester, and other New York counties. If you need help securing your Social Security Disability benefits, call us at (800) ARGYLAW or visit our online contact page today.
IMPORTANT: If you have just been involved in an accident and/or injured – do not wait, protect your rights and contact us immediately by phone or email for immediate assistance.
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Driving in the New York Winter
According to a recent article by CNN, “[this is] the fifth consecutive season that at least 30 inches of snow have fallen in New York City. The only other recorded time it snowed this much, for this long a period, was back in the 1880s (Enten)”. With increased rates of snowfall and ice on the roads, drivers living in New York City have to be very careful while they brave their morning commute.
If you’ve been living in New York City for the past few years, you may have experienced the largest snowstorm in the history of the city; in January 2016, New York City experienced a 27.5-inch snowstorm and the only subzero temperature since 1994. The National Weather Service is warning people to exercise extreme caution due to record levels of snowfall and inclement weather. Naturally, citizens need to take extra precautions during the winter months due to dangerous conditions on the road.
More Snow More Problems
Remember this: when the road is icy and/or wet, it takes a much longer time to come to a complete stop in a motor vehicle. By not leaving enough space in front of their car, a driver will not have enough time to break in the event of a sudden stop. This can lead to the driver losing control of the vehicle, which can result in a rear-end collision. These types of accidents can be mitigated if drivers leave enough extra space between their automobile and the automobile in front of them. It’s a simple equation that far too many people do not seem to follow: more space equates to more reaction time.
Winter Driving Tips
There are quite a few strategies you can use to lower your risk of a car accident in New York City during the winter months.
- Accelerate and decelerate slowly. If you accelerate or slam on the breaks too quickly on an icy patch, it can send your car spinning. Remember, inclement weather will increase brake time.
- Your margin of safety between cars should increase. If you are driving on the highway, allow yourself a breaking distance of 7-10 seconds from the car in front of you. When it is not icy out and visibility is ideal, the recommended time is 3-4 seconds.
- Keep your gas tank at least half full at all times. This will help avoid a gas line freeze.
- Regardless of the weather, always wear a seatbelt and encourage your passengers to do the same.
- That text or phone call can wait. According to the Department of Motor Vehicles, 9 people in the U.S. are killed each day as a result of crashes involving a distracted driver.
Automobile Accident Attorneys in New York City
Even if you follow every safety precaution recommended, there is always a chance that another driver could rear-end your vehicle. With record levels of snowfall and a record number of miles driven in the U.S. last year, the occurrence of automobile accidents is not on the decline. If you’ve been involved in an automobile accident in New York City, Argyopoulos & Associates is here to represent you. With over 27 years of legal practice, we have the experience needed to settle any legal conundrum. If you need representation, contact us today to speak with an attorney.