Rise of Medical Malpractice Claims In NYC-Owned Hospitals By Medical Malpractice Lawyers

According to the New York City comptroller’s office and the medical malpractice lawyers, the number of medical malpractice claims in New York City has hit a high. The Comptroller, under the New York City Charter, is responsible for adjusting and settling claims made against and for the City of New York.

The number of medical malpractice claims during the fiscal year 2015 that were filed against hospitals owned by the City increased when compared to the number of claims filed in 2014. In 2013, there was a 4.7% increase in payouts for medical malpractice on a national level, according to records by medical malpractice lawyers at the National Practitioner Data Banks that were compiled by Diederich Healthcare. Information about medical malpractice is collected at the National Practitioner Data Bank.

Prior to 2013, there had been no increase in the amount of medical malpractice payouts since 2003. For the first time in a decade, medical malpractice payouts increased during the 2015 fiscal year. Total payout amounts in 2014 increased by 4.4%, according to the medical liability and consulting company, Diedrich. In fact, when compared to all other states, more money per capital was paid out in New York on medical malpractice claims by medical malpractice lawyers. New York was followed by New Jersey and Pennsylvania in payouts.

The data from the New York Comptroller’s Office comes from settlement of meritorious claims records in which either an individual or their proper suffered damage due to negligence by the City. In the 2013 fiscal year, there were 405 medical malpractice claims filed against hospitals owned by the City, based on information provided by the Comptroller’s Office of New York City. In 2015, that number rose to 521.

Medical malpractice claims are among the most costly filed against the City, even though they only make up a small percentage of the personal injury claims. In part because they are so complex, they take a long time to resolve which can be up to five or ten years.

There are 11 public hospitals in the City of New York. These hospitals are operated by the Health and Hospitals Corporation. In the United States, this municipal healthcare system is the largest in the country. A capped limit is set by the Office of Management and Budget which limits the amount of medical malpractice liability and medical malpractice lawyers that the Health and Hospitals Corporation is responsible for financially.

Medical malpractice filings increased at some hospitals managed by the Health and Hospitals Corporation, such as Coney Island which saw a claim increase from 31 to 43 and Bellevue where claims rose from 57 to 80, other hospitals experienced a decline in the number of filings. In particular, at North Central Bronx, claims dropped from 22 to 6 and at Harlem where they went from 34 claims to 28. In addition, even though there was a slight increase in the total number of claims filed against the Health and Hospitals Corporation from 2014 to 2015, the total number of 2015 claims was lower than the number filed in 2013, which makes the trend downward.

Nationwide, there was a dramatic drop in the number of medical malpractice filings and payouts following tort reform efforts. The number was virtually cut in half in Pennsylvania, and, in particular, Philadelphia. However, since 2013, the trend now seems to be moving in the opposite direction as the information and medical malpractice lawyers suggest.

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Automobile Accidents: A Look at The Employers Liability

When an employee is in charge of a car during work hours, and is performing a work function, there could be employers liability involved if that person gets into an automobile accident. This typically comes into play with commercial vehicles or trucks, when the driver is at fault in an accident and the employer is sued as a result. Does the employer have to pay damages? This depends on whether the employer is found to be responsible for what happened.

Employers Liability

When can an employer be found liable for this type of car accident? There are two situations that apply as employers liability. One is if the employer was negligent and the other is called vicarious liability.

Employer Negligence

An employer can be found negligent if they hire an individual, with the understanding that the person will be driving a car, and they do not look into that person’s record to determine if they are equipped to operate the vehicle.

First, the employer needs to determine if the employee has a commercial license that is not expired or suspended for any reason. It is also a good idea for the employer to look into the employee’s driving record. A drug test may also be wise in this situation.

In addition, an employer can be found negligent if they do not supervise the employee properly. For instance, they must outline safety policies and check to see that everyone is in compliance with safety laws. For instance, if the employee is a truck driver, the employer needs to check to ensure that the drivers are in compliance with the logging requirements. They also need to ensure that the cargo is weighed and put on the truck in the right way. If the employer simply leaves these tasks up to the employee, without putting in a system of checks and balances, they could be found negligent in the event of an accident as employers liability.

Vicarious Liability

In this situation, the employer does not need to be negligent in order for them to be responsible. Vicarious liability means that what the employee does is basically the same as what the employer does. The employer is known as the “principle.” When they give their employees an instruction, and those employees act on that instruction, it is the same as if the employer engaged in the action themselves. However, in order for this to be the case, the employee has to be doing something for the employer when the accident occurs.

For instance, if the employee is asked to go and get printer ink, and he gets into an accident coming back from the store, the employer might be liable because the employee was completing a task based on the employer’s instructions. However, if the employee decides to stop at his house to pick up his lunch, and he gets into an accident on the way there, the employer likely will not be found responsible because he did not tell the employee to go to his house. In addition, the employer is not at fault if the employee decides to act badly out of his own free will. For example, if for some reason the employee determines that he wants to hit another car, and he does so, that is not the employer’s fault.

Hiring a Lawyer

If you think that employers liability applies in your case, speak to a lawyer as soon as possible. The attorney will discuss liability laws with you and will review whether they are applicable in your situation. They will also talk to you about how you can protect your rights, depending on what happened.

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