doctor bad.jpgEvery day I get calls and emails describing awful medical care, which conclude with “will you take my medical malpractice case”? And 90% of the time I politely say “no”. Why?

Justice may be blind, but it’s expensive. That’s particularly true in “med mal” cases. In some cases we have to spend six figures to get the case to a jury. That’s because we have to hire smart experts – doctors – to explain to the jury that the defendant-doctor screwed up, and to prove that the harm he or she caused are no trifling matter. Those smart experts are very expensive.

In many cases the injury is worth less in compensation than the expense of those experts, and the other expenses in the case. If we took on medical malpractice cases with only modest injuries, we would quickly drive our law firm into bankruptcy.

boating.jpgThis past weekend, Memorial Day weekend, was a disappointment to many boaters in the Finger Lakes region. That’s because motor boats were banned on Keuka, Canandaigua and Honeoye Lakes. And on Seneca Lake there was a 5 mile per hour speed limit. Tough to get very far at that pace!

Rain and flash floods, which raised water levels and unleashed lots of floating debris, made the lakes dangerous to navigate with motorboats. In addition, some docks were underwater and could have been invisible hazards.

The authorities expect all lakes to be open for boating this next weekend, but local boaters ought to check the web or make some calls to make sure.

texting and driving.jpegI was glad to read yesterday in the Finger Lakes Times that more than 600 Canandaigua Academy students who attended the Distractive Driving Fair there signed a pledge to never text and drive. As a New York car accident lawyer representing victims of text-and-drive accidents, I can tell you that nothing has increased my case load more than the recent “text-and-drive” habits of the young. And as the father of a 17-year old driver, nothing is more frightening to me than this trend. Any parent whose kid has a smart phone can tell you how damn addicting those things are. Kids want to be constantly connected to their buddies through those devices. BUT BEHIND THE WHEEL IS AN UNACCEPTABLE PLACE TO STAY CONNECTED. Thanks Canandaigua youth for pledging not to tread down that dangerous path . . .

Please read some of my other distracted driving blog posts linked here:

New York State Troopers’ New Anti-Texting-While-Driving Weapon.

doctor bad.jpgFor at least a decade, hospitals and doctors’ offices, hoping improve medical care, have been equipping their offices, operating rooms and staff with nifty computers, ipads, smartphones and other electronic devices. This is great for quickly digging up patient data and drug information. But it also has a dark side.

Doctors and nurses and technicians, just like the rest of us, can get addicted to the “fun” side of these new technologies – social media, texting, tweeting, etc. So addicted, in fact, that they text, tweet, talk and web-surf during important medical procedures.

Apparently, America’s gadget addiction has even penetrated the operating room. For example, more than half of technicians who monitor bypass machines admit they had texted during surgery. Other examples abound. A nurse in an Oregon hospital was caught checking airfares on a computer in the operating room.

chicago.jpgstaten.jpgThumbnail image for truck.jpgair.jpgThe Metro-North engineer who derailed his train last year, killing four passengers and injuring dozens more, was suffering from a sleep disorder. He slept through the accident.

The driver of the Chicago subway train that recently crashed at O’Hare International Airport told authorities she fell asleep before the train entered the station. Her train derailed and raced up an escalator, causing injury and death.

In the 2003 Staten Island Ferry crash, it was determined that the pilot lost consciousness while at the ship’s controls. He had taken the painkillers tramadol and Tylenol PM, both of which can cause drowsiness as a side effect.

old and young lawyer.jpgAdvice to a young personal injury lawyer:

Hey there young fella. Look at me! Grey hair is creeping up the side of my scalp. I am within shouting distance of 60-years old. I am now a veteran New York personal injury litigator. My running stride is slower, and aches and pains sometimes plague me, but hey, I’m wiser, too. So listen up young whippersnapper! Here’s a few lessons I’ve learned about life in this high-stress, time-consuming job you’ve chosen.

(1) Keep learning. No matter how good you are, someone else is always better. So be humble. You need to keep learning this trade until the day you die. Never think you know too much.

bicyclists racing.jpgAs a cycling enthusiast, and a New York bicycle accident lawyer, I am proud to have been recently selected by the New York Bicycling Coalition to provide New York bicycle accident advice and information for residents of the New York State counties of Oswego, Madison, Onondaga, Cortland, Cayuga, Oneida, Herkimer, Otsego, Schoharie, Montgomery, & Fulton Counties.

Wait. What is the New York Bicycling Coalition? Glad you asked. Its mission is to ensure that bicyclists in New York State are safe, respected, and fully integrated into the transportation system, and that laws and funding are in place to make it so. They also provide education and advice to bike advocates and groups. In sum, the coalition provides a voice for the interests of people who, like me, ride bikes!

Three other New York bicycle accident lawyers have been selected to cover the other New York Counties. They are:

Picture of Michael Bersani .jpgCan you sue for compensation beyond your workers’ compensation benefits if you are injured on the job in New York? Maybe. Find out how by watching my new video about New York personal injury lawsuits for on-the-job injuries.

Keep safe!

Mike Bersani