Monthly Archives: November 2015

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Happy Thanksgiving

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

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 →

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 →

NYC Comptroller releases report on lawsuits against city agencies

An analysis by Comptroller Scott Stringer’s office has found claims against the Health and Hospitals Corporation has increased by 3.5 percent.  It also found personal injury and misconduct claims against the NYPD had dropped dropped 12 percent during the 2015. Stringer’s office created a database called Claimstat which tracks claims against the New York City agencies that get sued the most: the NYPD, Health and Hospitals Corporation, the Department Read More →

Arbitration clauses: Beware of the fine print

A New York Times investigation has found a disturbing trend. In the last ten years business in the U.S. have turned to arbitration to create an alternate system of justice  where “rules tend to favor businesses, and judges and juries have been replaced by arbitrators who commonly consider the companies their clients.” The change has been swift and virtually unnoticed, even though it has meant that Read More →