Category: Tips


Forced Arbitration In Nursing Homes Can Lead To Increased Abuse

As much as we’d like to think it doesn’t happen, there have been numerous reports of our elderly loved ones suffering abuse at the hands of nursing homes. Even those nursing homes with the best reputations are going to run into an employee who commits some form of abuse or neglect at one time or another.

Unfortunately, this problem is exacerbated because many nursing homes are attempting to shield themselves from liability for abuse or negligence by including forced arbitration clauses in their admissions agreements. Why is going to arbitration to resolve an issue such a negative these days?

In a nutshell, it restricts the rights of a nursing home patient when they have a problem with the facility. Should the patient, or their family believe a nursing home is negligent, they cannot take the nursing home to court.

This is especially a problem in a state like New York, where City & State pointed out a recent investigation that found private arbitrators in the area usually favored repeat customers. In this case, these repeat customers are the very nursing homes that have been alleged to have committed or allowed the abuse.

The kicker, when it comes to New York and some other states, is they have laws in place that are supposed to make it illegal to put forced arbitration clauses into residential agreements. Unfortunately, although New York’s law states these arbitration clauses are against public policy, a recent appellate decision held that New York courts are bound by the Federal Arbitration Act which allows these unjust forced arbitration clauses. Richard Abend was recently quoted in an article stating if the decision is upheld, “it will result in the denial of justice to nursing home residents that have been the victims of negligence” and will remove “a powerful incentive” for nursing homes to provide quality nursing care.

What does all this mean to you? The fight is still ongoing, and there is hope forced arbitration clauses in nursing home admissions agreements will eventually be found unlawful in New York like our legislators wisely intended when New York’s Public Health Law was enacted.

The lawyers at Abend & Silber are currently working on such a case and we are fighting to maintain the right to a jury trial for injured New Yorkers. If you feel a loved one is suffering from abuse or negligence at a nursing home, contact us to find out your options.

Medical Malpractice in New York: Why You Need an Attorney

According to the Journal of the American Medical Association (JAMA)medical negligence is the third leading cause of death in the U.S. after heart disease and cancer. Even though medical errors kill around 200,000 people annually in the U.S., only 15 percent of personal injury lawsuits result in medical malpractice claims. Many patients are unaware they have been the victims of medical malpractice.

Here’s what you need to know and what to do if you are a victim of medical malpractice in New York.

What is Medical Malpractice?

Understanding what constitutes medical malpractice is the crucial first step. A successful lawsuit contains several elements that the plaintiff has the burden to prove:

  • A legitimate provider-patient relationship establishing a “duty” of care.
  • Medical care—or lack thereof—that fell below the accepted medical standards.
  • A causal connection between the provider’s actions or inactions and the patient’s harm.
  • Damages to the patient.

Continue reading “Medical Malpractice in New York: Why You Need an Attorney”


What You Should Do If You Get Hit By A Car In New York City

According to the U.S. National Traffic Safety Administration, more than 4,000 pedestrians are killed and over 70,000 pedestrians are injured by vehicles each year. In New York City alone, over 17,000 pedestrians were injured by vehicles last year.

If you are or know a pedestrian who has been involved in a motor vehicle accident in New York City, the first thing you should do is contact the police. As in any motor vehicle accident, even if you don’t seem hurt, you should obtain the driver’s name, contact information, and insurance information. If you are unable to do this, ask a friend or the police officer to obtain it for you.

Before taking any further action, contact an attorney.

Most pedestrian accidents involve a motorist who was speeding, under the influence, using an illegal device (talking or texting), eating or drinking, or demonstrating any number of moving vehicle violations.

It is necessary to determine who was negligent or at fault in your particular case. You may still be able to receive damages even if you were partially at fault.

Our experienced New York City accident/personal injury attorneys will investigate the scene and the circumstances, analyze police and eye-witness reports, evaluate your injuries and losses, and assist you with filing necessary paperwork.

Insurance companies will attempt to persuade you to sign a compensation arrangement that is actually best for them, often waiving your rights to future and further action.

Don’t be fooled by a concerned insurance company or lack of police involvement. Hire an injury attorney who knows the laws, how insurance companies operate, and really has your best interest in mind.

If you are in need of an accident or personal injury attorney, contact us.