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New York Personal Injury Attorneys Blog

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Michigan woman wins $2.5 million medical malpractice lawsuit against St. Joseph Mercy Hospital in Ann Arbor

A Washtenaw County Circuit Court jury awarded a teacher $2.5 million in a medical malpractice verdict, after suffering permanent injury during a procedure at St. Joseph Mercy Hospital. Amy Garcia suffered a miscarriage in 2007 causing the death of her 14-week-old fetus and as a result required a dilation and…

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In Medical Malpractice Case Against New York City Health and Hospitals Corporation Failure To Serve HCC With Notice of Claim Fatal

For those of us who represent plaintiff’s in medical malpractice cases it is, of course obvious that the law requires the Notice of Claim to be served on The New York City Health and Hospitals Corporation. It is basic law that service upon the Comptroller of the City of New…

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Los Angeles County expected to settle $2.8M medical malpractice suit

Fetal monitoring system display Los Angeles County officials are expected to approve a $2.8 million settlement of a medical malpractice suit filed against medical staff at County Harbor-UCLA Medical Center over their failure to perform an emergency cesarean section after signs of distress. The 18-year-old woman, Guadalupe Fernandez, gave birth…

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The Superseding Cause Defense In New York Personal Injury Cases

In personal injury cases in New York the defense of an intervening act as a superseding cause of plaintiff’s injury will often be raised to absolve defendant’s negligence as a proximate cause of plaintiff’s injury. From the plaintiff’s perspective it should be argued that questions of causation are in most…

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Construction Accident Law-New York Court of Appeals Dismisses Construction Worker’s 240(1) Claim

In Salazar v.Novalex Contracting Corp., et al., decided on November 21, 2011, The New York Court of Appeals in a 4-3 decision granted defendants’ motion for summary judgment dismissing a construction worker’s 240(1) claim. The plaintiff suffered injury while working in the basement of a building undergoing renovation. The facts…

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Ben Rubinowitz: Opening Statement in a Car Accident Case

http://www.youtube.com/watch?v=QHTQ8y3c9AM One of the best New York personal injury trial lawyers, Ben Rubinowitz, a partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf , demonstrates the importance of a well prepared opening statement. The presentation was given to lawyers at a Trial Law seminar in 2009. The case…

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