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Albany Law Blog

Suit against insurance company to be transferred to federal court

Employers often offer life and accidental death insurance as a benefit to their employees. However, in spite of having policies and procedures that must be followed, an insurance company may find itself having to defend those same procedures when an insured is either denied payment or tires of often unavoidable delays. Many of these companies conduct business in New York.

Recently, Metropolitan Life Insurance Company filed a petition of removal to have a case moved from the state court to federal jurisdiction due to the provisions that cover the employee retirement and welfare benefits. The lawsuit was recently filed by a parent whose daughter worked for AT&T/DirecTV at a call center in her state. After she was let go from her position, she died from an allegedly accidental substance overdose a short time afterwards.

Experienced medical malpractice defense might save your career

You worked long and hard to reach your dream of practicing medicine to benefit the lives of others. Suddenly, a patient who experienced a less than optimal outcome in spite of your best efforts is now accusing you of negligence. It is at these times when the right medical malpractice defense can make the difference in your career. There are resources here in New York who may be able to provide the information that makes the difference.

There are many situations in life that do not turn out the way you anticipated. Medicine is no different as it can be impossible to determine how a particular individual will respond to a treatment protocol that is successful more than 99 percent of the time. Like almost every other medical professional, you take great care to ensure that your patient's well-being is always at the forefront of every treatment plan.When a situation goes awry, it can be just as devastating to you.

Repair shops suing insurance industry over disputed practices

As New York drivers know, when a car is involved in an accident, it typically falls to the insurance company and a repair shop to work together to restore that vehicle to safe condition. In some situations, the two sides disagree as to the best manner of repairing the damages. Repair shops around the country have joined in a lawsuit against the insurance industry over what they deem unsafe policies.

The repair shops are taking their case to federal court over allegations that insurers are choosing thrift over safety when authorizing repairs. While some vehicles require only cosmetic repairs, many need extensive repairs in order to make them safe to drive. Repair shops claim that insurers are refusing to pay for parts that are made by the original manufacturer in an effort to save costs. However, doing so is believed to compromise the integrity of the vehicle's safety.

Should you file for bankruptcy for credit card debt relief?

Filing for bankruptcy is a big financial decision that should be carefully considered. When you have a lot of credit card debt and are in financial turmoil, it can be difficult to sort through all your options and figure out what is best. Bankruptcy is one possible route you can take.

Before you pursue bankruptcy to get rid of your credit card debt, consider the following questions. Your decision largely depends on your answers.

Patient files malpractice suit against doctors and staff for fall

Those who enter the medical field do so for many reasons, but the desire to alleviate suffering is a reason that many offer. In fact, the vast majority of doctors and support staff dedicate themselves to ensuring that they do no harm to their patients. However, no medical provider is immune from making mistakes, and there are times when New York physicians may find that they are facing a medical malpractice lawsuit due to an alleged error.

One patient recently filed a lawsuit against her surgical team based on an alleged error that has purportedly lead to her suffering from unexpected complications. The woman supposedly fell off of the operating surface during a procedure to remove her appendix. According to the doctors, the surgeons needed to activate the tilt feature of the table in order to obtain a better operating field.

Several pursue truck accident litigation after fatal crashes

When a trucker engages in questionable judgments, the end result may be others suffering the consequences. After a fatal accident, family members often pursue truck accident litigation in an effort to hold others responsible. These serious accidents occur in New York and other locations throughout the country and can result in civil suits against employers.

One accident that occurred in 2015 resulted in the deaths of six people. The case is now before a court located in another state. According to the reports, the trucker did not take action in order to avoid a collision. Police reports indicated that, not only did the driver not brake appropriately, he had been driving longer than the mandates allow. He also supposedly was under the influence of illegal substances and was exceeding posted speed limits.

Man claims he suffered harm from insurance company denial

Many New York employers offer disability as a benefit to their employees. However, there are times that even purportedly valid claims are denied by an insurance company as a matter of policy, for many reasons. As a result of a denial, some claimants file a civil suit in an effort to obtain those benefits.

One man recently filed a complaint in a federal court sitting in another state. He has alleged that his employer, Bristol-Myers Squibb and Aetna Life Insurance Company are liable for causing a breach of contract by denying his short-term disability claim. The man states that he suffered harm as a result of the repeated denials, beginning some time in 2015.

State takes steps to help doctors and patients by capping awards

In a move that is touted as helping both sides in medical malpractice suits, a state is closer to finalizing a bill that would limit monetary awards. Lawmakers stated that both doctors and patients will ultimately win by reducing the amounts of compensation except in the most appalling circumstances. While many states have applied these limits, New York currently does not have any set caps.

This state recently held votes in both houses in order to set limits on the majority of medical malpractice awards. The state seeks to limit the subjective portions of these lawsuits in an effort to reduce the amounts doctors are forced to pay for suffering and emotional pain. The ceiling for these awards is expected to be set at $250,000 except in the most appalling instances where a person has suffered grievous harm. It is hoped that setting these types of caps will have the desired effect of holding down both malpractice insurance rates for doctors and thereby keeping medical care costs down as well.

4 common reasons people turn to bankruptcy

Overwhelming debt does not just come to those who are careless with money. Debt grows and expands if you lose a job unexpectedly if a medical condition arises and you cannot pay for treatment, or even because you are seeking a divorce. Filing for bankruptcy is not an irresponsible thing to do but may be the key to a fresh financial start. If any of the following situations apply to you, you may benefit from considering bankruptcy.

It takes a team to help doctors prevent medical malpractice

Medical providers spend years of their lives studying medicine in order to help patients with health care problems. It often requires a coordinated effort to help these doctors and nurses avoid a medical malpractice lawsuit, and to defend them successfully when one is commenced. Though New York medical providers work diligently to ensure good quality care, a mistake can result in all parties suffering harm through either physical injury for patients or monetary damages for providers.

One area that could benefit from a more coordinated approach is the operating theater. The danger of leaving a surgical implement inside a patient may seem absurd, but it has happened an estimated 772 times between 2005 and 2012. Of those occurrences, 16 resulted in the death of the patient. One of the easiest methods to prevent an unintentionally retained foreign object is for all items to be counted multiple times.

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