Michael Cardozo, the New York City Corporation Counsel was quoted on the City Room Page of the New York Times on September 23, 2011, as advocating changes to the civil laws to limit award to plaintiffs who have sued the city because he claims that plaintiffs are compensated “too generously for their claims that they bring against the city” and “the law requires that the city pay damages even when the plaintiff was primarily at fault for the accident.  He highlighted other provisions like the lack of a cap on awards for pain and suffering and an allowance of 9 percent interest on judgments.”

I responded:

Mr. Cardozo’s remarks on the City Room page on September 23, 2011, are unfair and unjust to any individual who has ever been injured as a result of any city employee’s negligence. He knows that every lawyer defending the city or a city agency in any tort action always pleads and tries to prove to the jury that the injured plaintiff was negligent or at least in part contributed to his/her own damages. Many times this is the sole defense. The jury then decides if the injured plaintiff is wholly or partially at fault along with deciding the negligence of the city employee or entity the plaintiff has sued. Furthermore, every plaintiff suing the city must comply with special rules and procedures that were enacted solely for the city’s benefit. The plaintiff has to file a Notice of Claim within 90 days of the accrual of the claim and be deposed in a 50H hearing before commencing a lawsuit within a specified limited period that is shorter than the normal statute of limitations. These special rules often mean that people with justifiable claims against the city never get to litigate their claims because they did not file their claim or commence their lawsuit on time. In many cases the city is immune from liability because of its municipal status notwithstanding a justifiable claim against a city employee or agency. There are strict rules that apply. In addition, it should be noted that the City does not have to pay 9% interest on judgments like non-municipal defendants, as asserted by Mr. Cardozo, but only 3%. There is no legal or equitable justification for a cap on awards for pain and suffering to save the city money when the person injured has and will be enduring the consequences of an injury caused by the city’s negligence and the jury has evaluated that pain and suffering and determined the award to be fair and just. Also,the city always moves the trial court to reduce all awards it considers excessive and will appeal if the motion is unsuccessful at the trial level.

Posted in General Negligence, Medical Malpractice | No Comments/Questions

My staff and I prepared for trial of a serious accident case for approximately from the middle of May until the trial began July 22, 2011, straight.  This meant 7 days a week with only one break over the July 4th weekend.   There never seems to be enough time to study the depositions, prepare the case specific questions one wishes to ask the prospective jurors during selection, the opening, questions for your witnesses and cross-examination, exhibits for trial and memorandums of law in support of whatever legal motions have to be made.  The trial itself continued until August 11, 2011.  During that time, the work was non-stop for almost all waking hours.  The average layperson has no idea of the hours involved in prosecuting a case for a seriously  injured plaintiff.  This is why the idea of going forward on a weak or “frivolous” case is economic suicide for a personal injury attorney.  There never is a guarantee that a jury will find for your client even with a strong case and a flawless presentation of the evidence.  With a weak case the odds of winning are greatly reduced and with no recovery for the client because the case is weak there is no fee and usually no reimbursement of out-of-pocket expenses spent on the case despite the fact that many hours of time over years have been dedicated to the case not to mention the fixed costs of running the office.  In order to keep representing injured plaintiffs, we only go forward with cases we believe in.

Posted in Accidents, General Negligence | No Comments/Questions

On a CAT skiing trip in February 2007, I ended up with several doctors in my CAT.  At the end of the first day we were given some hot soup and a snack as our après ski.  As we talked, it came out that I was a personal injury trial attorney with a specialty in medical malpractice.  Of course their antennae went up, and I had to explain to them what I explain to many people who do not understand the wonderful system of civil justice that we have in this country when it comes to trying to correct a wrong that has occurred when someone is injured or killed as a result of another’s negligence, whether it be medical malpractice or being rear-ended in a car. 

First of all, let me say that all the doctors admitted that they had either witnessed or heard about horrendous medical malpractice occurring that had devastating results for the patient.  They complained about being included in some lawsuits that they thought they should not have been in, and, as is true of any defendant, they did not like having to deal with those matters.  

Since the doctors had to agree about the existence of malpractice, I asked them all a question I ask many people who have this discussion with me.  “In what country can the poorest person retain the best attorney and have that attorney not only invest his time, his staff’s time, and anywhere from $25,000 to $100,000 or more, interest free; all on the gamble that he can persevere and a jury will correctly understand the facts and then vote for his client and award sufficient monetary damages to compensate his client for the injuries and consequences that flowed from the negligence?”  The urologist smiled at me and, tongue in cheek, said, “Let’s see. Is it the United States?”  I then asked if the doctors realized that if the jury did not agree and the case was lost, not only did the client fail to receive an award and the attorney lose a fee that would cover the time and effort put in, but also the attorney’s out-of-pocket money spent on the case for experts, depositions, court fees, etc..was also usually lost because most clients cannot pay back those costs incurred by the attorney.  The soup and bread was finished and we headed for our rooms. 

That evening at dinner, one of the anesthesiologists who had been at the table earlier when we had our soup discussion, came over and sat next to me.  He told me that he had always believed that plaintiffs’ attorneys just made a ton of money and never realized that they risked their time and money to prosecute their cases.  He felt it was a good thing.  He thought it was good for those who were negligently injured, especially the poor who could never afford to pay for the best attorney if there was no contingency fee system.  I added that this was a right of every citizen that should not be taken away by those who wish to protect negligent doctors and their insurance companies.    

My next topic:  Why limiting non-economic damages (the goal of “tort reform”) i.e. damages for pain and suffering is a terrible idea and unjust. 

WGA

Posted in Medical Malpractice | No Comments/Questions

At the Law Offices of Walter G. Alton, Jr. & Associates P.C. our New York Medical Malpractice attorneys can help you if you have been a victim of the following types of cases or injuries:

• Medical Malpractice
• Hospital Negligence
• Nursing Malpractice
• Physician’s Assistant Malpractice
• Brain Damage
• Surgical Negligence
• Spinal Cord Injury
• Cerebral Palsy
• Emergency Room (ER) Treatment
• Wrongful Death
• Failure/Delayed Diagnosis of Cancer
• Birth Injury

Contact our New York Medical Malpractice Lawyer today – there is no charge for consultation.   

Posted in Birth Injury, Brain Damage, Cerebral Palsy, Emergency Room (ER) Treatment, Failure/Delay in Diagnosing Cancer, Hospital Negligence, Medical Malpractice, Nursing Malpractice, Physician's Assistant Malpractice, Spinal Cord Injury, Surgical Negligence, Wrongful Death | No Comments/Questions

Retaining the right lawyer to represent you in your serious injury or wrongful death claims is crucial. Whether the claims arise from the negligent treatment by a doctor, hospital, or other medical care provider or from a motor vehicle accident, construction accident, fall down, premises negligence, or other event, the attorney you choose can make or break your case.

Posted in Medical Malpractice | No Comments/Questions