Tearing Down the Medical Wall of Silence

Birth injury cases can be catastrophic for the innocent baby and can also be devastating to the entire family. When we attempt to investigate the reasons for injuries to a baby during birth, we are sometimes faced with a medical wall of silence. Hospitals, doctors, and other medical personnel are often very reluctant to accept their responsibility for a damaged baby or to point the finger at other members of the medical staff.

Recently we represented a mother whose baby was born with birth deficiencies. The day after delivery, her doctors told her that her little baby had problems. The birth tests showed brain damage. No one at the hospital would explain to mom why this happened.

The family came to us seeking answers. The family could not understand how this tragedy occurred. Mom told us that she had a very healthy pregnancy and that none of her doctors had given her any cause to worry about any potential birth problems.

Medical Proof Outside of the Doctor's Records

by  Mary Anne Walling

Many times our clients come to us fearing that their doctor has changed or removed medical records from their file after things have gone wrong. There are ways to try to prove that this may have happened, besides handwriting and computer experts. There are the records that the doctor sends out at the time of the treatment, which is before a claim of malpractice is even considered. Most important among these are insurance claim forms and pharmacy records.

An insurance claim form is verified by the doctor. It contains numerical codes that stand for the diagnosis given and the treatment provided. Using those codes we can find out what the doctor billed for- that is what diagnosis was made, what testing was done and what treatment was given. If the doctor's records are not existing or inconsistent with what he or she billed for, then the truthfulness of those records are put into serious question.  

Construction Accidents Under New York Law

By Brian J. Shoot

Construction is dangerous work and accidents happen. When accidents occur in New York State, they are governed by special statutes: sections 200, 240, and 241 the Labor Law.

Under those statutes, the injured worker can sometimes recover 100% of his or her damages, including compensation for "pain and suffering," even if the worker was 60%, 70%, or even 90% at fault in causing the accident.  The injured worker can sometimes recover full damages even if no one was to blame.  

What is more, the term "construction accident" can sometimes be a great deal broader than one might expect. For instance, installing a new phone line, washing windows, mounting an electric clock on a wall, and repairing a broken light can sometimes count as "construction."

But here's the point: the rules in these cases are just so complicated that you often need someone who is very familiar with the law to tell whether the worker has a perfect case, a so-called triable case (meaning it could be won or lost), or no case at all.

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