Couple files “Wrongful Life” lawsuit

A Long Beach, California couple are suing Long Beach Memorial Medical Center for wrongful life and wrongful birth claiming their negligence denied them the option of having an abortion. Javier Sanchez and Samantha Hernandez told her OB/GYN that wanted tests for genetic disorders because they said she and Sanchez could not afford to raise a child with congenital conditions. The tests were performed, but the doctor failed Read More →

City Council weighs construction safety reform

Queens councilman Rory Lancman is calling the city council to expedite his bill that would increase worker safety on construction sites. Th Occupational Safety and Health Administration Notification Act, was languishing in the  council until last month’s New York Times article on the increase of deaths on construction sites in New York City. More than 10 workers have died on construction sites since July 2014 Read More →

Robert Durst sued in “right to sepulcher” lawsuit

Alleged murderer and  real estate firm heir, Robert Durst is being sued by the family of his first wife Kathleen, who claim he murdered her and hid the body. They are suing for $100 million in Nassau County. Durst is suspected of killing three people, including his first wife. He was arrested last March and charged with one of those murders. The suit stems from an HBO series where Read More →

Happy Thanksgiving

From all of us at Lozner and Mastropietro, Happy Thanksgiving.    

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E-cigarette explosions are resulting in lawsuits

Electronic cigarettes are ubiquitous in most NYC delis and are quite popular in the metropolitan area. However, there can be a danger and it has nothing to do with the smoke. they can explode. Just this year, exploding electronic have resulted in three recent lawsuits on California this year alone. The U. S. Fire Administration description of E-cigarettes The e-cigarette, also called a personal vaporizer (PV) Read More →

When dogs attack. What are your options?

According to the U.S. Centers for Disease Control and Prevention (CDC), nearly 4.5 million Americans are bitten by dogs each year, and about a one-fifth of those incidents require medical attention. Dog bites occur every 75 seconds in the United States and each day, over 1,000 citizens need emergency medical care to treat these injuries. In 2013 there were 965 dog bite claims in New York State. Read More →

Autopsies and medical malpractice

Contrary that what you might think from watching TV, hospitals are not to required to perform or offer autopsies and they usually don’t in most cases. Also, insurance companies won’t cover the cost of an autopsy. The main reason, according to consumer advocates is that physicians and hospitals fear a an autopsy could reveal medical malpractice. The laws vary from state to state, but most Read More →

Cash Now pre-settlement loans are a bad bet

You’ve been injured and you’ve filed a lawsuit. You can’t work and bills are piling up. Then you see a commercial on television saying you can get a cash in advance of your settlement.  The spokesman says there is risk to you. Unfortunately, there is. Lawsuit loans seem very attractive to plaintiffs awaiting judgments or settlements in civil lawsuits, like personal injury cases. But read the Read More →

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Remembering on Veterans Day

Does “defensive medicine” reduce malpractice risks?

In the controversy over defensive medicine and its relationship to medical malpractice claims, studies seems to be done every couple of years that contradict each other. Now yet another study has been released. What is defensive medicine? The Congressional Office of Technology Assessment (OTA) provided this definition in 1994. Defensive medicine occurs when doctors order tests, procedures, or visits, or avoid high-risk patients or procedures, primarily Read More →