Mishandling of Surgical Tools - Paul Dansker

Doctors, nurses, and hospital staff are expected to present a high level of professionalism and compassion with their patients. Medical professionals go through years of school and training before achieving their degree, and are thus expected to be in complete control of the techniques used in their procedures. When an error is made, the consequences can be devastating. Medical malpractice can take many forms, but one of the most dangerous is the mishandling of surgical tools.

Negligence, poor training, and human error are the most common causes for this sort of accident, but there is no excuse for putting a patient in such extreme danger. Some common examples of mishandling incidents include:

• The incorrect use of an instrument
• Using the instrument for the wrong purpose
• Using dirty or unsterilized tools

During a procedure, delicate internal tissue, nerves, and organs are exposed. A simple slip of the hand can potentially cause lacerations or extensive bleeding. Infection, disfigurement, and paralysis are potential side effects to errors of this nature. Depending on the type of surgery taking place, the mishandling of a surgical tool can lead to coma, memory loss, or even death.

Undergoing an operation is a physically and emotionally trying experience, and patients need to feel safe in the hands of their surgical team. When injuries occur because of untrained or incompetent medical professionals, the patient is not at fault and may even be entitled to financial compensation.

If you or a loved one has been the victim of the carelessness of a surgical team, discussing your case with Paul D Dansker an experienced legal professional may be the first step to securing the money you deserve.

Paul Dansker & Aspromonte Associates are experienced in medical malpractice cases. The firm has represented thousands of clients and obtained hundreds of millions of dollars for them over the last 30 years.
Contact today online or by telephone at 800-510-9695 to speak with experienced NYC malpractice attorneys.
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Damages Resulting From Roadway Defects - Paul Dansker

Your brake system and suspension can take a serious beating during your daily drives. This is especially true if you encounter deep potholes or other roadway defects along your driving route. Whether you constantly encounter the same pothole or you have one damaging run in, it is important to keep cities and municipalities accountable to their responsibility to maintain the roads.

Whether it is a pothole, dip, or other damaging road defect, it is important for the roads that you drive on to be properly maintained. Damage to your car is more than just a frustration or nuisance. It can be expensive to repair, costly time taken away from your daily responsibilities, and possibly even a contributing factor in a dangerous accident. If traffic keeps you from avoiding the large pothole in your way, your car could suffer serious damage.

If a pothole or dip is deep enough, hitting it at high speed may leave you with serious body damage to your car. Or worse, this type of incident may even cause a dangerous tire blow out. Often a sharp impact is all that it takes to cause a tire to blow. Hitting a pothole at high speeds can also cause serious damage to your brake system. Replacing a tire, rim, or front suspension can be a considerable expense, and one you may not be responsible for paying. The legal system is in its place to protect innocent citizens against the negligence of others. You may be able to secure compensation for damages resulting from an accident caused by road defects through a successful personal injury lawsuit.

When you need representation after a defective roadway design accident, you can call on the experienced team at Paul Dansker & Aspromonte. With over three decades of legal experience, including a 95% trial success rate, we will investigate your case and will represent you from start to finish. We work hard to get maximum compensation for your injuries, and we never charge fees until we either win or settle your case.

Contact today online or by telephone at 800-510-9695 to speak with experienced NYC personal injury attorney.
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Know Your Rights - What To Do after an Amusement Park Accident

Amusement parks are very popular attractions among those who seek for high adrenaline adventure as well as for those who are just seeking to enjoy the simple walk and other stuff. It has been the destination for family, friends and other forms of groups seeking for total entertainment. These parks offer a variety of treats such as games, shows, parades and the ever famous rides. Everyone is very hooked with the hype that the rides bring. The thrill is there and being amplified by the high elevation almost like hanging in the air, the steep and circular curves of the tracks, the fast motion of the rides and the overall nerve-racking experience.

But despite the pleasures that these amusement park rides give, there have been really downsides of it. There have been related incidents of injuries and death involving these rides all over the world. In the United States, there have been estimations of about 5000 ride-related accidents every year which includes lethal ones. The cause of these events is either mechanical malfunction or the people themselves. There are times when the machines possess defects or not maintained properly which then leads to the disasters. There are also cases when there are lapses amongst the operators or the people themselves being too clumsy or playful which is another fatal cause.

With the alarming case caused by the rides, laws have been implemented to cover up and justify the scenarios that will happen afterwards. In the US, laws vary in some states, depending on their implementation processes. There are three basic laws that cover this case which are the liability law, premises liability law and the negligence law.
Ride related accidents are complex when it comes to laws and other situations so it must be acted out as soon as possible. In case of occurrence, here are some guidelines by Paul Dansker an experienced attorney to follow.

1. Medical care

This should be really done immediately. The primary concern is your health so make sure that you are attended as early as possible. Have your examination and medical records as reference to what has really caused the accident. These are vital documents you must have as you present this for further law disputes.

2. Recording the Incident

As much as possible, have accounts of what really happened. It's best to look for actual witnesses of the scene as supporting cast. Look for videos and pictures if there is any. If these evidences are really solid, your rights will be properly protected. 
3. Legal Attention
You must really organize this as early as possible. You may seek compensation for your injuries, health care provisions and other benefits that you may claim. Consult an attorney to help you guide through the process. There are cases which are to complex especially when you are dealing with large and highly named amusement parks like in an instance wherein a New York theme park injury attorney takes a legal action to this case against a highly named park. With the help of an attorney, you can protect your rights for your rights.

Amusement Park Accident Liability

When an accident occurs at the amusement park, liability or who is responsible is a major cause for concern. Since accidents can be caused by rider behavior, mechanical failure, design limitations, and operator behavior, liability varies on a case by case basis. There are several common claims that are made most often against amusement parks when an accident or injury occurs:
•    Failure to give proper warnings or instruction
•    Failure of the facility to keep rides in safe operating condition through proper inspection and maintenance
•    Failure to warn people with chronic health conditions to avoid certain attractions
•    Failure to keep public areas and walkways safe.
•    Inherently dangerous ride design

Parents need to be especially vigilant. Make sure that you are monitoring your child as the ride progresses, and observe the operator’s behavior when your child enters a ride. Also make sure that you are explaining safe behavior to your child before your trip to the amusement park so that your entire family is on the same page.

If despite your best efforts to stay safe at the amusement park, you or a loved one suffers an accident or injury, contact Paul Dansker & Aspromonte.
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Paul Dansker Explains Car Passengers' Right to Compensation

A passenger in a car accident has the right to compensation. However, knowing what those car passenger rights are and who to sue for negligence is a tricky issue. Paul D Dansker a personal injury lawyer can help answer these questions by guiding a client through the types of claims and deciding who is at fault. Trying to go in alone can leave accident victims fighting insurance adjusters all on their own. That's not exactly a fair fight.

Proportional Comparative Fault at 51%
In the state of New York, the law states that a person must be 51 percent to blame before he or she can be sued. Since it is the insurance adjuster's job to decide the percentages, an injury lawyer may need to help negotiate or take the case to trial. Understand - the adjuster is motivated to protect the insurance company and not ensure the car passenger rights.

Multiple Claims
As a passenger in a car accident it may be possible to seek damages against more than one party. This is called a "joint tort feaser" and happens when more than one driver at fault. In this case, both parties may be sued for damages. Another source of income may be from the victim's medical insurance. This does not stop the victim from pursuing claims against the at fault drivers.

Underinsured Motorists
The state law of Nevada states that the minimum coverage is $15,000. However, that does not mean that all drivers carry enough coverage or are even insured at all. In this case, the victim may need to consider suing the at-fault driver for damages because he or she is considered an underinsured motorists. An injury lawyer can help the victim do this even if there is more than one driver at fault.

Types of Claims
An injury lawyer can also help accident victims understand the types of damages for which they can seek compensation. Most people know that they can sue for medical costs and for property damages. However, they may not know that they can seek payment for physical and mental pain and suffering. They can also sue for loss of wages or loss of earning capacities if the injury impacts their job.

When to Sue
Though it is a last resort, an injury lawyer may advise a client to sue the negligent drivers in court. This usually occurs under certain conditions. For example, the insurance adjuster may not be willing to adjust the fault percentage or payment, or the driver is underinsured. It is also a good idea to go to court if the statue of limitations is running out.

Passengers in a car accident have the right to seek compensation for a variety of things. Paul Dansker & Aspromonte Personal injury attorney can help them wade through the legal issues involved. The victims need to know the car passenger right. This includes who to sue and the types of damages they can seek. Trying to tackle these questions by themselves can leave victims are at the mercy of the insurance companies. When this happens the victims receive far less than they deserve.

Contact Paul Dansker and call at (212) 732-2929
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Hospitals Could Avoid Some Costly Mistakes with a Cheap Solution

Surgical errors happen more often than people might realize — and can be devastating for the patient. Preventable errors that take place in a New York operating room are often prime candidates for medical malpractice suits because of the devastation that they could cause.

Adding to some people’s outrage is the fact that many of these errors are preventable — and the way to prevent them costs a pittance. According to research, the most common item left behind inside a patient’s body after surgery is the sponge. These are relatively small pieces of material that can be hard to see after soaking up blood — so they may get left behind in surgery.

The simple way to prevent this, of course, is to keep an accurate count of how many sponges are being used and make sure that they all are accounted for before concluding the surgery. There isn’t even a need to manually count them, however: sponges can be outfitted with barcodes or tagged with radiofrequency tags — better known as RF tags — that send out a signal. A quick scan of a patient with a specially designed detecting wand alerts surgical staff to any sponges that are remaining inside the patient.

As it turns out, this technology would add about $10, at the most, to the cost of surgery. This is a drop in the bucket compared with the costs of additional treatment a patient needs if a sponge is left behind. However, only about 15 percent of hospitals currently use this type of technology. As a result, these mistakes continue to happen. A New York resident who has been the victim of a surgical error can consult with Paul Dansker led Dansker & Aspromonte Associates a medical malpractice attorney to see what options might exist for legal action.

At Dansker & Aspromonte headed by Paul D Dansker, our track record is excellent with respect to medical malpractice cases. In fact, our attorneys have never lost a medical malpractice case, despite the fact that four out of five malpractice cases are lost by plaintiffs in the New York City metropolitan area.

Our medical malpractice attorneys have experience handling a wide range of medical malpractice cases. We handle cases involving:

• Doctor Negligence
• Birth Injuries
• Cerebral Palsy
• Surgical Errors
• Misdiagnosis
• Hospital Negligence
• Pharmacist Malpractice Prescription Errors
• Nursing Home Negligence
• ERB’S PALSY
• Medical Malpractice Center

Contact us today online or by telephone at 800-510-9695 to speak with experienced NYC malpractice attorneys.
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Proving Your Injury Was Work-Related - Paul Dansker & Aspromonte

People who have been injured at the workplace in the normal course of their job are entitled to seek workers compensation to help with their medical bills and lost hours. However, since many people try to take unfair advantage of the system, judges and insurers are reluctant to grant workers compensation. If you have been injured at work, it may be difficult to prove that your injury was work-related.

Some workplaces carry a much greater risk of injury than others, often because of the nature of the work. Construction sites, for example, have more potential for injury than offices simply because of the tools and materials workers use. But injuries, even seriously disabling ones, can happen in any line of work. The difficulty lies in proving that you were not hurt by your own doing.

In order to receive workers compensation, the injuries must not have occurred because the injured employee acted irresponsibly or recklessly. You probably won't receive compensation after hurting yourself while attempting to get a laugh at a construction site. On the other hand, if you followed safety procedures and work guidelines closely, your odds of receiving workers compensation are very good. In reality, most cases fall between these two extremes.

If you have been injured at work, even though you followed safety procedures correctly, you are entitled to seek financial help for your injury-related expenses. But you may face serious difficulty successfully proving your case. You can greatly improve your odds with the help of an experienced Illinois employment lawyer.

At Paul Dansker & Aspromonte, we thoroughly evaluate and aggressively pursue claims against negligent product manufacturers, subcontractors and others whose negligence causes serious work injuries. If you have been injured or tragically lost a family member, we urge you to contact our legal team for a free consultation today.

OUR SUCCESS RATE AT TRIAL EXCEEDS 95 PERCENT!
Our dedicated trial attorneys cannot be intimidated by the complexity of a case or any opponent in litigation. We have an established track record of success in cases involving:
• Falls from scaffolding and a range of other construction accidents
• Toxic exposure, explosions and fires on work sites
• Injuries to firefighters, police officers and other public servants

We have ready access to experts in accident reconstruction, industrial safety and other areas of knowledge that may prove critical to your case. You can depend on our legal team lead by Paul Dansker to take your situation seriously and consider all angles that may yield the compensation you need and deserve, including a lawsuit against the maker or provider of any dangerous workplace product.

We are serving Manhattan, Brooklyn, Bronx, Queens, Staten Island and the Entire NYC Metro Area

If you have reason to believe dangerous equipment or tools, a maintenance failure or other unsafe workplace issues may have caused your serious work accident, Paul Dansker & Aspromonte is here to help. Contact us online or by telephone at 800-510-9695 to speak with an experienced New York City personal injury lawyer who will prioritize evaluation of your case.

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Most Common Traumatic Brain Injuries Seen in Automobile Accidents

Dansker & Aspromonte co-established by Paul D Dansker is a New York personal injury law firm specializing in serious brain injuries; medical malpractice, motor vehicle accidents, falls, construction accidents, municipal liability, injuries to children and more.
Here is what explanation we have for you:

What is a Traumatic Brain Injury (TBI)?

Living brain tissue is damaged by an external force or motion usually accompanied by an unconscious state, amnesia or a coma. These states of altered consciousness can last shorter (minutes, days), or longer terms (weeks, months or indefinitely). Side effects of TBIs can be physical, speech and language, cognitive and behavioral functioning impairments. Forces from an automobile accident are a common cause for traumatic brain injuries (TBI).

Brain Injuries (Head Injuries) Not Categorized as TBI

•    caused by insufficient blood supply
•    malignancy
•    birth trauma
•    toxic substances
•    congenital disorders
•    disease-producing organisms
•    degenerative processes

Traumatic Brain Injuries Categorized

Different levels of TBIs are categorized depending on the severity of the brain’s impacted area(s). For example, there may be no fracturing of the skull from the blunt force impact but one or more traumatic injuries to the brain can be present.
Closed Brain Injury – no foreign object enters through the skull into the brain. A violent blow to the head or sudden, severe motion happens to the brain causing it to ‘slam’ against the skull when it makes contact with another object, for instance the dashboard or windshield of a car. Predicting side effects is not as exact as with open brain injuries, due to extensiveness is not always as definitive and clear.
Open (Penetrating) Brain Injury – a foreign object fractures, and enters through the skull into the brain injuring the brain’s tissue. Predicting disabilities from these types of direct and localized injuries are relatively more exact than in closed brain injuries.

Most Common Types of Traumatic Brain Injuries

A concussion occurs when movement or sudden momentum change causes an impact. The brain’s blood vessels can stretch and damage cranial nerves. For example, direct blows to the head or whiplash type injuries from a car accident.
•    most common type of TBI
•    unconsciousness (no more than 20 minutes) may occur
•    consciousness with a sense of dazed or “punch drunk” may occur
•    may or may not show up on a CAT or other diagnostic image testing
•    skull fracture may or may not be present
•    brain bleeding and/or swelling may or may not be present
•    blood clot(s) can form – can be fatal
•    diffuse axonal type injury damage can be temporary or permanent
•    healing can take a few months up to a few years

A contusion is bleeding (or a bruise) to the brain.
•    result of a direct impact to the head
•    large contusions may require surgery to remove

A Coup-Contrecoup Injury is one that has contusions to both (opposites) sides of the brain where dual impact “action” occurred.
•    blunt force trauma – more serious type of TBI
•    impact generates enough force to injure the site of impact on the opposite brain site – tearing the brain way from the skull’s opposite side

Diffuse Axonal Injury is common when the head is shaken or a strong rotation of the head occurs.
•    skull movement is rapid – brain is unmoving causing brain structure tears
•    extensive nerve tissue tears can release brain chemicals causing additional injuries
•    brain’s chemical processes and regular communication is disturbed – can cause temporary/permanent widespread damage, coma or death
•    multiple tear areas can produce a mixture of functional impairments

Severe TBI Potential Effects

Severe, non-fatal TBIs may result in extended amount of unconsciousness (coma) and/or amnesia. One year after patients hospitalized post a TBI, 43% (almost half) are reported to have a related disability. As of the year 1999, approximately 5.3 million Americans were living with TBI-related disabilities.

TBIs can potentially lead to issues ranging from short-or-long term affecting:
•    Cognitive Function – attention and memory
•    Motor Function – impaired coordination and balance, extremity weakness
•    Sensation – vision, impaired perception and touch, hearing
•    Emotion – anxiety, depression, personality changes, aggression, impulse control

The TBI-related deaths percentage (31.8%) from automobile accidents is the highest of all TBI-related deaths among all age groups. Full recovery from serious TBI from head injuries is often unachievable inflicting significant life-long consequences on victims. TBI victims may want to consider getting help from a law firm. Traumatic brain injury lawyers like Paul Dansker led Dansker & Aspromonte can possibly win a settlement, helping to alleviate the financial burden of relationship and lifestyle changes, and medical expenses.

Call: (212) 732-2929

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Did a Wrongful Diagnosis Cause you or a Loved one more Injury? Paul Dansker can help

When you visit a doctor or a specialist, you are counting on them to provide you with an accurate diagnosis of whatever maladies you may be suffering from, followed by a prescribed treatment that can eliminate or reduce the symptoms of those maladies. If all goes well, you’ll be feeling better and thankful that your doctor was so knowledgeable. However, as many medical malpractice lawyers in New York have seen firsthand, the above happy scenario isn’t always what happens.

Occasionally, an inexperienced or even knowledgeable doctor or specialist can give a misdiagnosis, and prescribed treatments or a lack of the proper treatment can cause a condition to become worse, or also result in additional injury to the patient. A diagnosis that is delayed can also result in irrevocable damage to a patient. These types of situations are unfortunately more common than you might think, and when they do occur, it is recommended that you contact a personal injury attorney or malpractice attorney in NYC like Paul Dansker for help.

Paul Dansker & Aspromonte Associates is a New York personal injury law firm specializing in serious brain injuries; medical malpractice, motor vehicle accidents, falls, construction accidents, municipal liability, injuries to children and more. It has represented thousands of clients and obtained hundreds of millions of dollars for them over the last 30 years.

As a patient, you have certain rights, and if the rights are violated, abused, or ignored, you have the right to compensation. A misdiagnosis can be the result of negligence on the part of a doctor, specialist or medical facility, and an experienced medical malpractice lawyer at Paul Dansker & Aspromonte can help ensure that you receive just compensation for any additional injury sustained, pain and suffering, medical bills, and other damages caused by the missed or delayed diagnosis. Don’t let a doctor or medical facility tell you otherwise —contact our attorney today (212) 732-2929 and learn about your rights.

Visit: http://pauldansker.net/