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Brainlaw.com Brain Injury Law Blog

Time is Brain Timely treatment prevents long term disability following stroke

Posted on: Sunday, June 30th, 2013

A large scale study published in the Journal of the American Medical Association (JAMA-June19), confirms that the earlier stroke victims are treated with tPA, the better the outcome. 

The study involves approximately 60,000 patients and finds that the earlier that the stroke busting medication, tPA, tissue plasminogen activator is administered to a patient, the chance for death is dramatically reduced and long term disability is drastically reduced.

The researchers urge that tPA be given to stroke victims within one hour of arriving at a hospital to greatly increase the chances for a better outcome.  In Europe, the new target is less than 40 minutes.

There is a well-known saying, “Time is brain”.  Unfortunately in our law practice we have reviewed many cases where patients suffering from a stroke were not administered tPA in a timely fashion causing unnecessary disability. Every minute counts and when hospitals and emergency department physicians fail to act in accordance with current guidelines, a medical malpractice case needs to be explored.


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End mandatory secret arbitration agreements that limit your access to the courts

Posted on: Monday, April 29th, 2013

Do you know what is hidden in the fine print of the contracts you routinely agree to? Chances are you have signed away your right to access the courtroom and didn’t even know it! Included in many everyday consumer contracts are dangerous forced arbitration clauses that take away your right to go to court and instead force you into a private arbitration tribunal designed by the very corporation you have a dispute against. The process is secretive, costly and rigged so that corporations cannot be held accountable!

Act now to stop this abusive practice!  This is the second anniversary of a United States Supreme Court decision, AT&T Mobility v. Concepcion, that gave corporations broad authority to force consumers into arbitration. It is urgent that Congress act to protect consumers!

The ability of ordinary Americans to seek justice in our courts, even when up against the most powerful corporate interests, is an essential part of our democracy. When consumers lose access to the courts, corporations can get away with the worst!

Tell Congress to protect consumers from abusive forced arbitration by reintroducing the “Arbitration Fairness Act” to restore our rights to seek justice in the courts. Take Action Now!  Contact your congressional representative without delay.

Here is a suggested letter:

I am writing to encourage you to stand up for your constituents by supporting legislation to end the abusive practice of forced arbitration.  I encourage you to sign-on to the reintroduction of the “Arbitration Fairness Act.”  This legislation would protect our rights to seek justice and accountability through the courts by eliminating the use of forced arbitration in employment, consumer, and civil rights cases.

Forced arbitration clauses are buried in the fine print of everything from credit card, cell phone and nursing home contracts to employee handbooks and online user agreements. These are take-it-or-leave-it contracts that must be agreed to in-full in order to obtain products, services, and even jobs. 

In the event of a dispute, forced arbitration eliminates access to the courts and instead forces individuals into a secret arbitration forum designed by the very corporation the dispute is against.  Individuals are often faced with high costs, biased decision-makers and weak civil justice safeguards in forced arbitration.  Most have no idea that they have signed away their Constitutional rights until it’s too late. 

April 27th is the second anniversary of the U.S. Supreme Court decision, AT&T Mobility v. Concepcion, that gave corporations broad authority to force consumers and employees into arbitration.  Congress must protect Americans from this abusive practice.

The “Arbitration Fairness Act” would prohibit corporations from forcing individuals into arbitration and ensure that the decision to arbitrate is truly voluntary and that the rights and remedies provided for by our judicial system are not waived under coercion.  Please support the reintroduction of the “Arbitration Fairness Act” and help end forced arbitration.


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Malpractice during surgery continues to occur despite technology to prevent foreign objects from being left behind

Posted on: Sunday, March 10th, 2013

In a front page story in USA Today, “What surgeons leave behind costs some patients dearly”  it is reported that, more than a dozen times a day, doctors sew up patients with sponges and other supplies mistakenly left inside. The mistake costs some victims their lives.

Retained surgical items including sponges and surgical instruments are considered by the Federal government to be “never events” because they are not supposed to happen under any circumstances, yet amazing, these medical errors take place on a daily basis resulting in thousands of needless injuries each year.

What is truly amazing is although there is readily available technology that would eliminate these errors through the use of placing devices within sponges and instruments to alert surgeons and nurses that they have not been removed before a patient leaves the operating room, most hospitals do not use this technology.

The consequences are enormous. Many patients carrying surgical sponges suffer for months or years before anyone determines the cause of the searing pain, digestive dysfunction and other typical ills. Often, by the time the error is discovered, infection has set in.

If you have been a victim of medical malpractice or hospital malpractice, contact the New York medical malpractice attorneys at De Caro & Kaplen, LLP for a no obligation consultation.


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Our Credentials

Michael Kaplen

Professorial Lecturer in Law
The George Washington University Law School

Past Chair
New York State Traumatic
Brain Injury Coordinating Council

3 Term President
Brain Injury Association of
New York State

Past Chair
Traumatic Brain Injury Litigation
Group: American Association
For Justice

Past Chair
Motor Vehicle, Highway, Premises
Liability Section: American Association
For Justice

President
American Academy of Brain Injury Attorneys

Past Vice President
New York State Academy of Trial Lawyers

Board of Trustees, Melvin M. Belli Society

National Advisory Board
Association of Plaintiff’s Interstate
Trucking Lawyers of America

Board of Governors, American Board of Professional Liability Attorneys

Board of Directors
New York Academy of Trial Lawyers

Past Co-Chair
Tort Section, New York County
Lawyers Association

Past member-Board of Directors
Trial Lawyers for Public Justice

Editorial Board

Neurolaw Letter
Board Certified
Civil Trial Advocate
National Board of Trial Advocacy*

Board Certified
American Board of Professional
Liability Attorneys
Medical Liability*

Sustaining Member:
American Association for Justice
Public Justice Foundation

Member:
N.Y.S. Trial Lawyers Association
Florida Academy of Trial Lawyers
Southern Trial Lawyers Association
North American Brain Injury Association

Graduate of Marquette University, College of Health Sciences, in Neuro Anatomical Dissection of the Human Brain and Spinal Cord

Admitted to practice:
New York
Florida
District of Columbia
United States Court of Appeals, Second Circuit
United States Federal District Courts:
Southern, Eastern and Northern Districts of New York

Honors & Awards:

New York Super Lawyer

Top 100 New York Trial Lawyers -
American Trial Lawyer Association

Trial Lawyers for Public Justice
Public Achievement Award

Shana DeCaro

Chair
Traumatic Brain Injury Group: American Association for Justice

Board of Directors:
Brain Injury Association of America

1st Vice President
American Academy of Brain Injury Attorneys

Board of Trustees, Secretary
Civil Justice Foundation

Board of Directors
New York State Academy of Trial Lawyers

Fellow
American Association for Justice

Fellow
Melvin M. Belli Society

Editor
Law Update
New York Academy of Trial Lawyers

Amicus Counsel
New York State Academy of Trial Lawyers

Judicial Screening Committee
New York State Academy of Trial Lawyers

Fellow
Litigation Counsel of America,
Trial Lawyer Honorary Society

Lawyers Diversity Law Institute Advisory Board,
Litigation Counsel of America

Honors and Awards:

New York Super Lawyer

Trial Lawyers for Public Justice
Public Achievement Award

President’s Award
New York State Academy of Trial Lawyers

Who’s Who in American Women

Who’s Who in American Law

Top 100 New York Trial Lawyers-American Trial Lawyers Association

Elite Lawyers Of America

Graduate of Marquette University, College of Health Sciences, in Neuro Anatomical Dissection of the Human Brain and Spinal Cord

Member:
New York Academy of Trial Lawyers
New York State Trial Lawyers Association
Brain Injury Association New York State
North American Brain Injury Association

Nursing Home Litigation Group
American Assoc. for Justice

Interstate Trucking Litigation Group
American Assoc. for Justice

Birth Trauma Litigation Group
American Assoc. for Justice

Stroke Litigation Group

American Assoc. for Justice

Professional Liability Litigation Group

American Assoc. for Justice

Professional Information Exchange Negligence Litigation Group

American Assoc. For Justice

Ask The Expert: BrainLine
Contributing Author

Advisory Board, Acquired Brain Injury Program, The George Washington University Graduate School of Education and Human Development, Washington, D.C.

Admitted to Practice:
New York State
United States Court of Appeals, Second Circuit
United States Federal District Courts:
Southern, Eastern and Northern Districts of New York
United States Tax Court
United States Court of International Trade
District of Columbia
Supreme Court of the United States

 

* The National Board of Trial Advocacy and the American Board of Professional Liability Attorneys are not affiliated with any government authority. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law.