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Powers & Santola Blog

Truck drivers must get adequate sleep to safely operate their vehicle. Unfortunately, that does not always occur. Too many truckers are on the road while dangerously fatigued. According to the Federal Motor Carrier Safety Administration (FMCSA), fatigue is a causal factor in approximately “13 percent of commercial motor vehicle (CMV)” accidents reported nationwide.  Fatigued driving …

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Moving an elderly parent or vulnerable family member into a nursing home is never an easy step to take. It is reasonable to expect that your loved one will receive the highest possible level of care. Sadly, that does not always happen. The National Center on Elder Abuse (NCEA) estimates that “at least one in …

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When you get treatment from a doctor, you expect high-quality care. Sadly, this does not always happen. Medical malpractice remains a very serious public health issue in New York. To bring a successful medical malpractice lawsuit in New York, a patient must prove that they suffered harm because their doctor or health care provider was …

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Physicians, hospitals, and other health providers have a legal responsibility to treat every patient with reasonable skill, prudence, and professional care. The failure to do so could be medical malpractice—and it can lead to very serious injuries, illnesses, and medical complications. If you or your loved one was the victim of medical negligence, you may …

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Unfortunately, medical malpractice remains a serious public safety problem in New York and throughout the entire country. Shockingly, a 2018 study found that medical errors are the third leading cause of death in the United States.  That being said, an adverse medical outcome is not necessarily malpractice under New York state law. A doctor, nurse, …

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The pandemic has hit our communities hard. According to the New York Department of Health, nearly 2.1 million cases of the virus have been confirmed in our state since the start of the outbreak. The good news is that vaccines are arriving. The official New York COVID-19 vaccine tracker estimates that 42.9 percent of state …

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A medical malpractice cap is a state law which puts a limit on the amount of money that patients can recover in a medical malpractice lawsuit. Most often, these caps apply to non-economic damages, such as pain and suffering and emotional distress. Though, every state is different. The majority of U.S. states have statutory caps …

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Early detection and diagnosis of cancer can make a dramatic difference in the long-term prognosis for patients. As explained by the National Cancer Institute, when cancer and other types of problematic tissues are found early they “may be easier to treat.” As cancer starts to spread, the challenges increase and prognosis worsens. If you go …

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According to data from the National Cancer Institute, nearly 40 percent of Americans will be diagnosed with cancer at some point during their life. While a cancer diagnosis is always frightening, the long term prognosis varies dramatically. The outlook will depend on the specific type of cancer and how early it was detected. Early detection …

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