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Powers & Santola Blog

Patients have a general right to make their own medical decisions. As modern medicine is more complicated than ever, doctors and health providers have a proactive responsibility to ensure that patients are reasonably informed about the risks and benefits of proposed treatment plans. This is known as the principle of “informed consent.”  As defined by …

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Modern medicine is complicated. Patients have a general legal right to make decisions regarding their own treatment. Under the theory of informed consent, doctors and other medical professionals should explain the purpose and risk of a particular course of treatment before the patient agrees to it. In some cases, a patient may even be asked …

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In common law jurisdictions, such as New York State, the term ‘tort’ is used to describe “civil wrong.” In effect, it is a legal action for civil wrongdoing, other than a breach of contract. A personal injury lawsuit is a type of tort claim. Most personal injury cases are based on the theory of negligence—but …

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When proper precautions are not taken, a construction site has the potential to be a dangerous place. Head injuries remain a serious problem in the construction industry. The Centers for Disease Control and Prevention (CDC) reports that approximately 315 construction workers are killed as the result of job-related head injuries each year. Many tens of …

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Accidents happen every day. According to research by the Centers for Disease Control and Prevention (CDC), 39.5 million Americans seek professional medical attention for injuries each year. If your accident was caused by the carelessness or recklessness of any other party, you may be eligible to recover financial compensation through a personal injury case.  A …

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When you receive care from a physician, hospital, or other medical provider, you reasonably expect that you will get high-quality care. Unfortunately, in far too many cases, patients are harmed by substandard care. This raises an important question: How common is medical malpractice? Here, our Albany medical malpractice attorneys provide an overview of medical malpractice …

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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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