Central New York Injury Lawyer Blog

Bill In Albany Would Allow Lawsuits By Wrongfully Convicted Even If They Gave False Confessions.

February 20, 2014 | by Michael Bersani

These days, thanks to the “Innocent Project” and advances in DNA testing, more and more victims of wrongful conviction are able to prove their innocence, even after many years behind bars.

This gets them out of jail, and under certain conditions, arms them with a claim against the State of New York to get money compensation for their nightmare behind bars. In New York, Court of Claims Act section 8-b says the wrongfully convicted can seek compensation from the State if they prove they are innocent and “did not by their own conduct bring about the conviction.” Courts have interpreted this language to mean that someone who falsely confesses to the crime cannot sue for compensation. After all, if you tell the D.A. “yeah, I did it”, you arguably “brought about your own conviction”, right?

Maybe. But that begs the question of why someone would confess to a crime they did not commit. Sounds silly to people who have never been under the grueling pressure of a tough interrogation for hour upon hour. But it makes sense to some of the accused at the time. Lengthy, tough interrogations do something to the human psyche. Sometimes people crack. Some folks have weaker constitutions than others. Especially those with serious mental or psychological problems, or who are too young to know what they were doing.

Why this Central NY Medical Malpractice Lawyer Would Not Get “Caught Dead” In The Auburn Memorial Hospital Emergency Room.

February 16, 2014 | by Michael Bersani

If you were my client, and you read the following headline in our local Central New York Newspaper, the Syracuse Post Standard, what would you do?:

“Central New York Injury Lawyer Worst in Nation“.

Or what about this one:

Can You Sue For An Unwanted Marijuana High? Central NY Injury Lawyer Explains.

February 4, 2014 | by Michael Bersani

Marijuana is now legal for medical purposes in about twenty States and for recreational purposes in two (Colorado and Washington). New York appears poised to follow suit, at least for medical purposes. That makes for a lot of legal pot smoking. But not everyone who wants, or medically needs, marijuana’s effects likes to smoke. So marijuana stores are stocking up on tasty ways for customers to eat their way to that same high, including gummy bears, dew drops, chocolate truffles, and other sweets all laced with mind-altering THC. Some of them contain ten times as much psychoactive THC as a casual pot smoker might take.

So what’s the problem? Once a customer removes these goodies from their carefully labeled “marijuana” bags or boxes, they look just like the sweets commonly available in any grocery store candy aisles. They don’t look like a drug. In fact, they look like pretty tasty treats. They then become an “attractive nuisance” to the unwary and hungry. Small children are especially attracted to the colorful delicious looking candies or chocolates. Unsolicited, unexpected highs are bound to happen.

This is not just a hypothetical problem. The New York Times reports that a growing number of children are seeking treatment after accidentally consuming marijuana. The children, many of them toddlers, are taken to the ER because they seemed strangely sleepy and disoriented.

How New York Personal Injury Lawyer Can Be Spiderman’s Superhero.

February 2, 2014 | by Michael Bersani

Who wouldn’t want to be Spider-man? His outfit is so much cooler than Superman’s. And what about swinging between skyscrapers by spitting that web-gook from your wrists? Isn’t that a more thrilling way of getting around than that all-so-boring Superman extended-arm flight?

Not so fast! Be careful what you wish for. At least that’s what three Spider-man actors are saying.

Let me take you back to December of 2010, when I blogged about Spider-man’s incredible 30-foot plunge to the stage floor in a Broadway performance of the musical, “Spider-Man: Turn Off the Light”. His spider-swing-line failed, catapulting him to the stage below in front of a horrified crowd of Spider-man fans. But Spidey — as I like to call him — in true superhero fashion, recovered and returned to the show within months. The show must go on!

Can Uber (The Mobile Phone Driver-Rider Connection Service) Be Held Liable For a New York Car Crash?

January 28, 2014 | by Michael Bersani

Move over taxi services. You’re sooo “old school”! I mean, come on, making us stand on a corner and hale you down? Geez.

Uber is the new black. Just download the Uber app on your smart phone and it will “connect you with a driver at the tap of a button”, according to the Uber webpage. An Uber driver will appear out of nowhere, having almost instantly obtained your location from his or her Uber drivers’ app. No cash exchanges hands — the rider’s “fare” is paid automatically through his Uber online account.

Uber essentially connects freelance, self-employed drivers with anyone needing a ride in major cities, including New York City. It now operates in 26 countries and 50 cities. But at least here in the U.S. sticky questions are coming up about Uber’s liability for crashes its drivers might cause.

Do Meniscectomies Relieve Meniscus Tear Pain? Central NY Injury Lawyer Discusses Recent Study.

January 26, 2014 | by Michael Bersani

I recently read about a Finish study published in the New England Journal of Medicine suggesting that one of the most common types of knee surgery (a meniscectomy) is worthless. The meniscus (see photo), by the way, is the cartilage of the knee located on either side of what is popularly known as the “knee cap” (patella). It acts as a shock absorber.

The removal of (either part of or the entire) meniscus, known as a “meniscectomy”, is a simple operation: Small incisions are made for inserting the arthroscope (a small surgical camera) inside the knee. A tool called a “shaver”, guided by the surgeon, then trims torn meniscus and smooths the edges.

In the study, 146 patients with torn menisci were divided into two groups, one to receive real meniscectomies, and the other to receive a “fake surgery”, in which blade-less shavers were rubbed against the outside of the knee cap to simulate the sensation of having an actual meniscectomy.

Hospitals Rip Off Patients And Tax Payers By Prodding ER Docs To Keep Patients Overnight Unnecessarily.

January 25, 2014 | by Michael Bersani

Hospital care in this country is sick. Sadly, old-fashioned medical “care” is giving way to the “big business” model. Nothing new about that. Profits are being exalted over patient care. Again, nothing new. But the news about Health Management Associates, a for-profit hospital chain based in Naples, Fla., is simply over the top.

The New York Times reports that, in order to entice their ER docs to drum up more profits, the hospital chain carefully tracked each physician’s ratio of admitting, versus not admitting, ER visitors for overnight stays. Worse, each physician had a visible-to-others color-coded “score card”: green (good grade), yellow (watch out!) or red (failing grade). “Green” docs were given bonuses while the reds’ jobs were on the line.

The goal? To inflate the company’s payments from Medicare and Medicaid by admitting patients who really don’t need to be admitted to a hospital, like — and this really happened — an infant whose temperature was a normal 98.7 degrees for a “fever”.

Beware Of Personal Injury “Settlement Mills”, Central NY Injury Lawyer Explains.

January 24, 2014 | by Michael Bersani

I came across a Stanford law professor’s study on the effect of “settlement mill” type personal injury law firms on personal injury case settlement results. If you’re searching for a New York personal injury lawyer, it’s worth a read! But since you probably won’t read it (it is 63 pages long!) let me summarize it for you.

Before I go any further, I’d better explain what we mean by “settlement mill”.

In the words of the law professor who did the study, a “settlement mill” is a “high-volume personal injury law firm that aggressively advertises and mass produces the resolution of claims, typically with little client interaction and without initiating lawsuits, much less taking claims to trial”.

More Funny Lawyer Advertisements, Posted By Central NY Injury Lawyer.

January 23, 2014 | by Michael Bersani

Lawyer ads! Godda luv’m: I’ve blogged about lawyer advertising before. It is an unfortunate necessity, at least for New York personal injury lawyers. We do very little of it compared to the “big advertisers” in Central New York, and we try to do it in a dignified, serious manner. You have to enjoy the humor, though, of those that take the opposite approach. So enjoy these lawyer ads, and don’t miss the rappin’ lawyer at the end:

Keep safe!

Self-Driven Car Manufacturers Should Get No Free-Pass Around Tort Law

January 10, 2014 | by Michael Bersani

CNBC reports that those sci-fi-like, self-driven cars (“SDC’s”), also called “automated cars”, will account for half of all vehicles on the road by the year 2035, with the first ones hitting the market by 2020. (You can see one operated here). The first generation of these vehicles will require someone in the driver’s seat just in case the technology develops a problem–much like an aircraft autopilot. Truly independent SDCs requiring no human involvement will begin to be offered by 2030. (I blogged about these new cars here).

But CNBC also reports that Nissan Motor, one of the leaders of the new technology, cautioned that “because of the litigious nature of the American market, manufacturers might have to steer clear of the U.S. unless legislators take steps to protect the industry from a flood of frivolous lawsuits”.

Forgive my skepticism, Nissan, but that is pure baloney. First, why would you fear “frivolous” lawsuits? If the lawsuits are frivolous, you will beat them and they will cost you almost nothing. What you are really afraid of are meritorious lawsuits, ones that will hold you accountable for the death and destruction your negligent design may cause.