New York Personal Injury Laws

Mesothelioma Diagnosis

How is mesothelioma diagnosed? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City and I can tell you that there’s generally two ways that physicians – doctors – diagnose mesothelioma.

Clinical Diagnosis

The first way of diagnosing mesothelioma is a clinical diagnosis. That means that a doctor is evaluating a patient’s presenting symptoms to draw a picture as to what this patient could be suffering from. So the things that are evaluated are things like shortness of breath. Often with mesothelioma victims fluid builds up – it’s called a pleural effusion – but it’s basically just a build up of fluid between the bony rib cage and the lungs and when the fluid builds up it pushes on both the ribs and the lungs. The ribs don’t move, they’re made of bone, so it pushes in and impacts the lungs, makes it harder for the patient to breathe. Shortness of breath is a known symptom of mesothelioma. General fatigue and weakness, weight loss – substantial weight loss, unexplained, in a short period of time – is another factor, another symptom that physicians will use to clinically diagnose or be suspicious of mesothelioma.

Definitive Diagnosis

For mesothelioma victims, the definitive diagnosis comes in the form of a biopsy, and for pleural mesothelioma it’s a biopsy of the pleura. The pleura is the lining on the outside of the lung sometimes referred to as a saran wrap like substance that lines the exterior – the outside – of the lung and doctors will take a biopsy of that surface to determine if a patient has mesothelioma. And how is that biopsy taken? Well, it’s usually taken through a surgical technique and I’d say the most common one would be a video-assisted thoracostomy sometimes known as a vat, V-A-T, a video-assisted thoracostomy. The doctors go in with several instruments, one of which has a camera on it, and the surgeon – the doctor – can visualize the area in the chest where the mesothelioma could be, and with other instruments – and again this is a minimally invasive technique – the physicians can take a biopsy, a piece of flesh.

That biopsy material is then taken and sent to a pathology lab within the hospital. And the pathologist, they’re a specialized doctor who deals with diagnosing disease from looking at a slide. The flesh is put onto a slide and for mesothelioma victims the slides are often stained in certain ways so that different cell types can be visualized when the pathologist looks under a microscope at the slide. That pathologist then writes out a report – it’s called a pathology report – and the pathology report is a very important piece of paper that becomes part of that patient’s medical case because it definitively diagnoses their disease, and it becomes a very important part of their legal case because it definitively diagnoses them as having been a victim of pleural mesothelioma.

I’m sure you have many other questions about how mesothelioma is diagnosed. I’m Joe Williams, and at our firm we handle cases every day for mesothelioma victims. This is what we do every day and we can answer your questions. I encourage you to call our office at the number below and we’d be happy to answer your questions. Thank you.

Medical Malpractice in Sayville

Today on You Be The Judge. With hospitals being administered by fallible human beings, mistakes are inevitable. While hospitals have full disclosure agreements with their patients, you might be surprised to find out what happens after mistakes are made. The Center for Disease Control says tens of millions of people receive hospital services each year.

Examples of Malpractice

Over the decades the hospital industry has evolved and made necessary changes to protect patients. Nevertheless, hospitals are run by humans, and the unfortunate truth is that they make mistakes that put patients lives at risk. Researchers have long investigated medication errors. These errors show up in a variety of forms, including improper compounding the process of tailoring-made drugs for an individual, incorrectly writing out prescriptions, failing to monitor effects on patients, giving the wrong kind of medication, and administering too high or too low of a dosage.

Reporting Mistakes

A study led by Doctor Daniel Nussbaum showed that hospital employees are more likely to report mistakes under the protection of Blame-free anonymity. By giving these employees a safe environment to report mistakes, hospitals are then able to assess the reports and make appropriate changes. Before, they had very little information to work with. This progress is a good sign for both hospitals and patients.

Medication Errors Study

A recent study led by Doctor Assad Latif, examine medication errors and what happens afterward. Doctor Latif shared that, for the most part our findings were in keeping with what the existing literature tells us about the where and how of medication errors in a hospital. The most surprising finding was what we do about them.

Latif said about 98% of mistakes did not result in harming patients. However the patient and or their family is immediately informed when an error occurs barely 2% of the time despite literature supporting full disclosure and their desire to be promptly informed. Letting patients know about medication errors only 2% of the time sounds pretty scaring, doesn’t it?

Hospitals Make Mistakes

We should not assume that all medication errors threaten anyone’s well-being, or that the information would always be of importance to the patient. However, harmful mistakes do occur without patients knowing it. What do you think hospitals should do to ensure that the promised full disclosure is being fulfilled?

By: Edward Lake

Asbestos Exposure in Powerhouses

You’ve worked in powerhouses for a good part of your working career, and you were exposed to asbestos, and now you have mesothelioma. Hi. I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I’d like to talk to you about the types of exposures to asbestos that workers in powerhouses had.

I’d like to talk to you about a former client of mine, who is a powerhouse worker, who is in what’s called the major maintenance gang at one of the utilities here in New York, in New York City. And his job entailed him going to every powerhouse in that particular utility’s system.

 Exposure on the Job

So he is a good client to talk about, because his case involved all the exposures that a typical powerhouse worker would have. So he was able to testify in his case, about exposure to asbestos on boilers. And having worked in powerhouses yourself, you know that the boilers in a powerhouse are giant.

 Large Amounts of Asbestos

Some as tall as ten stories, and just covered and filled with asbestos products, including asbestos block, asbestos cement, asbestos gaskets, asbestos refractory. And this particular former client of mine, talked about asbestos pipe covering on the pipes throughout the powerhouses.

As well as asbestos blankets on the turbines attached with wire to the exterior of the turbines. He talked about asbestos containing flange gaskets, used on almost every pipe in the entire powerhouse. He discussed asbestos coverings on various equipment like pumps and other types of equipment.

He talked about asbestos on valves, he talked about asbestos packing and gaskets used inside of various types of equipment. And these are many of the exposures to asbestos that powerhouse workers could have.

But there are many more, and I’m sure you have many questions about the types of exposures to asbestos that a worker would have in a powerhouse. Well, we can answer your questions. I’m Joe Williams. I invite you to call our office at the number listed below, and we’ll answer your questions. We represent mesothelioma victims every day, and we certainly would be there to answer your questions for you. Thank you for listening.

 Car Accident Attorney

When you’re in a car accident, there are many parties involved sometimes. There is the insurance company to deal with, the police department, your doctors. You need to have an experienced lawyer to help you work through your case who has your best interests in mind. Hire the Moore Law Firm. We have the experience and the resources to guide you through the process, and enable you to have piece of mind.

Jewelers Exposed to Asbestos

Did you know that jewelers could be exposed to asbestos from their work as a jeweler, and later in life be diagnosed with mesothelioma? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney, and I want to talk to you about some of these asbestos exposures.

 When the Exposure Occurs

A jeweler would work on casting jewelry. In order to do that, they would do something called the lost wax method in which they would make a mold using wax in a container. The important part of this is that the container itself would be lined with an asbestos containing product, often an asbestos containing paper. That material would have to be cut and manipulated to get into the mold. The asbestos was used so that when the mold is put into the oven, it would stand the high heat of the oven during the molding process. The jeweler would be cutting this asbestos paper product exposing themselves to asbestos fibers and asbestos dust over the course of their career.

In addition to that, jewelers soldered jewelry. They did that on soldering boards, or pounding boards, made of an asbestos stone. The repeated use of this board made of stone over the course of time released asbestos dust that the jeweler would breath on a continual and daily basis. These exposures to asbestos can cause a jeweler to develop mesothelioma decades later, later in their life, even after their work has long stopped.

Now, I’m telling you this because you have questions about mesothelioma, and about what causes mesothelioma. I’m Joe Williams, and at my law firm we deal with these issues every day. We represent mesothelioma victims and their families each and every day. If you have questions, I invite you to contact our office, and we will answer your questions. Thank you.

Diagnosed With Mesothelioma

You’ve been diagnosed with mesothelioma, but your employer and every employer that you ever worked for is out of business and you’re concerned with how you could have a legal case.

Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I can tell you that almost every client that walks into my office brings up this concern. I’ll give you an example.

 Worker’s Compensation for Asbestos Exposure

A plumber that I represented recently came to my office and talked to me about his exposures to asbestos, but his big concern was that the four plumbing companies that he worked for during the course of his career as a plumber, which was over 40 years, they were all small companies and were all out of business. I explained to him that in New York State, and in most states, you can’t even sue your employer for work-related injuries; your benefits are limited to worker’s compensation.

How a Plumber was Exposed

So when I met with this client, this plumber, we talked about all the ways he was exposed to asbestos and it came out that he was exposed to asbestos from all types of equipment during his 40-year career as a plumber, boilers, and pumps, and asbestos cement, and pipe covering and pipes, and all sorts of things, and he was able to have a very strong and successful case.

 Employer Out of Business, Not Out of Responsibility

Why am I sharing this with you? Because this is a common concern. The client comes into my office and informs more that their employers are out of business, and they think that they can’t address their legal rights. And I explain to them that it’s not just the employer who can be responsible, there’s many other entities who can be responsible, and an asbestos case is really an attempt to capture all of the lifetime exposures to asbestos.

 Contact Us With Questions or Concerns

I’m sure you have many more questions about this topic as it relates to mesothelioma, and we can answer those questions. I’m Joe Williams, and if you look at the screen below you’ll see my office number. I encourage you to give us a call, we’ll answer your questions. Thank you.

Railroad Retirement Benefits

If you’re disabled and worked long enough for the railroad, you may be entitled to benefits from the Railroad Retirement Board. Applying for railroad retirement disability benefits can be difficult, long, and drawn out but it doesn’t have to be.

Disability Benefits Law FIrm

At Insler & Hermann, we navigate the process for you. We make it as easy as possible for you and your family. Call us today. The sooner you meet with us, the sooner we can help you receive the benefits you deserve. We don’t get paid unless you win. Be our next success story.

By: Lew Insler

Maurer Law Firm

I’m Ira Maurer, founder of the Maurer Law Firm. Welcome to our website. I’ve been practicing serious personal injury law in New York, Connecticut, New Jersey, and throughout New England for over 30 years now.

When I decided to open the Maurer Law Firm, there were a few principles that were important to me. I wanted every client of this firm to know that they would be treated like family because that’s how I would want to be treated.

I restrict the number of cases that I handle so that I can devote my attention to each and every client and their needs. I explain all the important things that they need to know because they need to be educated, because my clients can make the best, most confident decisions about their case if they understand everything that goes on.

Working as a lawyer isn’t just a profession for me. It’s not just a career. It’s my life.

Slip Or Trip And Fall

I’m Ira Maurer with a public service law tip regarding slip and fall or trip and fall accidents in New York.

 Liability For The Fall

What exactly do you have to prove if you’re a victim of such an injury? Property owners in the state of New York are liable for injuries if they created a dangerous condition, or they knew about an unsafe condition and failed to take reasonable steps to fix the condition, or they should have known about the condition had they conducted reasonable periodic inspections.

Once you establish that the defendant created the condition, or knew or should have known about the condition, the next thing you have to prove is what actually caused your injury. Juries are not allowed to speculate as to the cause of an injury. If the plaintiff – the injury victim – cannot prove exactly what caused the injury, their case will be dismissed.

 Example

In a snowstorm, for example, property owners are entitled to have a reasonable amount of time to respond to a dangerous condition, clean up the mess – the snow and the ice – after the storm. There’s something called the Storm in Progress Rule. Basically the property owner is not expected to get rid of a slipping hazard while the storm is in progress. They’re entitled to a reasonable amount of time to pass after the storm for them to clear up the slipping hazard. However, if they don’t wait until after the storm and they actually engage in cleanup during the storm, if they create an unsafe condition in the process, or they exacerbate a naturally unsafe condition as a result of what they do, they may still be liable even though the storm wasn’t over yet.

So, if you’re a slip and fall victim and you’ve had an injury in New York, these are some of the basic things you need to know about. For more information, contact the Maurer Law Firm website at maurerlaw.net.