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Troy
(Main Office and Mailing Address)

Call(518) 274-5820

View MapThe Jones Building
28 Second Street
Troy, NY

Latham

Call(518) 783-3843

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7 Airport Park Boulevard
Latham, NY

Saratoga

Call(518) 584-8886

View MapThe West Building
511 Broadway
Saratoga Springs, NY

Blog

New York Authorities Struggle to Deal with an Avalanche of New School Shooting Threats

Since the February 14, 2018 shootings at the Marjory Stoneman Douglas High School in Florida, threats of violence against schools have been on the rise in the Capital Region and throughout upstate New York. While these threats have been found to be “copycat” bids for attention that did not represent a serious threat, some threats are taken seriously by the police.

While most threats are made by students at the schools they target, some are made by outsiders. Anyone found to have made such a threat will typically be arrested for terroristic threatening – a felony in New York. More often than not, however, a juvenile will ultimately be convicted of a misdemeanor such as falsely reporting an incident.

Recent Incidents

Below are only a few examples of the threats made against upstate New York middle schools and high schools since the Parkland shooting:

  • On February 18, 2018, a 21-year old man was charged with making a terroristic threat against Franklin Central School.
  • On February 21, 2018, a 14-year-old student texted a photo of a rifle to a classmate and threatened to shoot up St. Regis Falls Central School.
  • On the weekend of February 24-25, 2018, a threat was made on Snapchat against Gloversville Middle School.
  • On February 26, 2018, a 14-year-old was arrested for threatening to shoot several students at Corinth Central School, including his ex-girlfriend.
  • On March 7, 2018, four juvenile were arrested for making a series of threats against  Jarvis Middle School.
  • On March 21, 2018, a 14-year-old student was arrested for making threats against Bethlehem Central Middle School.
  • On March 21, 2018, 13-year-old student threatened to shoot up Galway Central School  in two social media posts.

All told, more than 40 reported or rumoured threats of violence have been directed against schools in upstate New York in only the first few weeks after the Parkland shooting.

What the Law Says

New York state’s current terroristic threatening statute provides as follows:

  1. A person is guilty of making a terroristic threat when with intent
    to intimidate or coerce a civilian population, influence the policy of a
    unit of government by intimidation or coercion, or affect the conduct of
    a unit of government by murder, assassination or kidnapping, he or she
    threatens to commit or cause to be committed a specified offense and
    thereby causes a reasonable expectation or fear of the imminent
    commission of such offense.
    2. It shall be no defense to a prosecution pursuant to this section
    that the defendant did not have the intent or capability of committing
    the specified offense or that the threat was not made to a person who
    was a subject thereof.

Despite the statute’s harsh language, officials continue to complain that many threats simply do not meet the threshold for a successful prosecution, thereby paving the way for a reduction in the seriousness of the charge or an outright acquittal.

Purpose of the Law

The purpose of the terroristic threatening law is not limited to preventing the threats from actually being carried out. It is also to protect the targets of those threats, and those responsible for protecting them, from being subjected to emotional distress and from expending the time and energy necessary to guard against the threat (shutting down school for the day, for example).

Penalties

An adult defendant faces two to seven years in prison if convicted of terroristic threatening. The juvenile criminal justice system is more flexible – it takes into account many factors including the defendant’s age, maturity, and mental health. The maximum penalty is incarceration in a juvenile facility until age 18. In some cases, however, older juveniles can be tried as adults.

Defenses

A variety of defenses might be employed, depending on the circumstances. Some of the most common include:

  • Lack of criminal intent – To be convicted of terroristic threatening, criminal intent must be demonstrated. Excluding political motives, which are normally not relevant to threats against schools, the motivation must be to “intimidate or coerce.” It is up to the prosecutor to prove this. To win an acquittal, the defense needs only to raise reasonable doubt as to whether the defendant actually possessed this intent.
  • The threat was not reasonable – This means that a “reasonable person” would not conclude that the threat is credible. For example, a diminutive high school cheerleader threatening to murder the entire football team with her bare hands might fall into this category.
  • No threat was actually made – Reports of the threat might be based on rumor or hearsay, for example. Another example might be a cryptic or poetic statement made on social media that was misinterpreted as a threat. Of course, the latter circumstances could also justify a defense of “no criminal intent.”

Current Stopgap Measures

Due to the spate of recent school shootings, the political climate in New York is definitely moving against lenient treatment of people who threaten to shoot up schools, even if they are juveniles. There are increasing calls to beef up the terroristic threatening law, or even pass a new law to ensure that convicted defendants are actually convicted of the felonies they are charged with.

In the meantime, students that have made threats are typically subjected to a mental health examination and placed on probation. Depending on the results of the mental health screening, they may be placed on medication, sent to counseling, or even be involuntarily committed to an in-patient mental health facility.

We Can Help

The New York criminal justice system is a maze for the uninitiated, and it is brutally competitive. Although the juvenile criminal justice system is fundamentally different from the adult criminal justice system, it can be fearfully difficult to deal with as well. Fear not – at E. Stewart Jones Hacker Murphy, we’ve got your back.

Our offices are located in Albany, Troy, Latham, and Saratoga, and we serve clients throughout the Capital Region, upstate New York, and beyond. If your child has been charged with a crime or if you anticipate such a charge, call us at (518) 274-5820 (Albany) or contact us online to schedule a free case consultation.

New York’s Recent Supplementary Uninsured/Underinsured Motorist (SUM) Insurance Reform Closes a Subtle Loophole

insurance policy

 

New York is a no-fault auto insurance state, meaning that your Personal Injury Protection (PIP) insurance generally pays your benefits up to the policy limits even if the other party was at fault. New York no-fault auto insurance covers medical expenses, lost earnings, death benefits, and certain incidental expenses arising from a traffic accident.

New York state’s minimum auto insurance requirements are:

  • $25,000 per person/$50,000 per accident bodily injury coverage
  • $10,000 property damage coverage
  • $25,000 per person/$50,000 per accident uninsured/underinsured motorist (SUM) coverage
  • $50,000 in Personal Injury Protection (PIP) coverage

If You Are Injured by an Uninsured Motorist

In New York, your $50,000 in Personal Injury Protection (PIP) insurance can be added to your $25,000 per person Supplementary Uninsured/underinsured Motorist (SUM) coverage, giving you $75,000 in protection even if you are injured by an uninsured motorist. Many New York motorists are satisfied with this much coverage.

If You Are Injured by an Underinsured Motorist

If you are minimally covered and you are seriously injured by an underinsured motorist who carries the minimum liability insurance coverage of $25,000 per person, you might assume that your total available coverage is $100,000 ($50,000 PIP insurance, $25,000 SUM coverage and $25,000 from the other driver’s bodily injury liability insurance policy). Unfortunately, this is not the case.

The Devil’s in the Fine Print

Many motorists fail to read the fine print in their insurance policies and end up with unjustifiably optimistic assumptions about their insurance coverage. In the foregoing example (you are seriously injured by an underinsured motorist), you will not end up with $100,000 in coverage – you will end up with $75,000.

The reason is that underinsured motorist coverage only applies to the excess of your SUM coverage over the other driver’s liability coverage. In other words, you don’t add your $25,000 in SUM insurance to the offending driver’s $25,000 liability insurance. Instead, you subtract your coverage from his ($25,000 – $25,000 = zero) and add that to the $75,000 calculated above.

Filing a SUM Insurance Claim

To qualify for a SUM insurance payout, you must take the following steps:

  • Notify your insurance carrier in writing of the accident and the injuries you suffered. You need to issue this notice promptly. Consult with your lawyer on exactly how much information to divulge.
  • You must obtain a “policy limit offer” from the liability insurance carrier of the underinsured motorist who injured you. To do this, you will need to establish that the underinsured motorist was negligent. Establishing negligence is likely to require investigation, evidence collection, and negotiation.

    Of course, even this document will not help you with your SUM insurance claim if the underinsured motorist’s liability insurance policy limits are as high as (or higher than) your own SUM insurance coverage.

  • You must prove to your SUM insurance carrier that you qualify as an “insured.” This means you must be either:
    1. the policy holder;
    2. the policy holder’s spouse;
    3. a member of the policy holder’s household;
    4. an occupant of an insured vehicle; or
    5. an occupant of a vehicle operated by the policyholder or the policyholder’s spouse.

       
    Check your policy for details.

  • You must prove that your injury was caused by the accident. Don’t grant an insurance company full access to your entire medical history – they will examine it with a microscope looking for an excuse to deny your claim.

It Gets Worse (At Least It Did before the Recent Reforms)

Many New York motorists purchase far more than the legal minimum in case they suffer a serious injury that their PIP and SUM insurance together cannot cover. A motorist, for example, might purchase $400,000 in bodily injury coverage without reading the fine print in the policy. Unfortunately, your bodily injury policy only applies to injuries you cause to others, not your own injuries.

Until recently, even if you upgraded your auto insurance by upping your bodily injury policy to $400,000, your SUM coverage would still be only $25,000 unless you specifically requested a SUM policy upgrade as well. This could leave a gaping hole in your insurance coverage that you might not become aware of until you get seriously injured by another driver.

The New Reform

Under the new Driver and Family Protection Act, upgrading your liability insurance will result in an automatic upgrade of your SUM insurance to the same level. If you upgrade your liability insurance coverage to $400,000, for example, your SUM insurance will automatically increase to $400,000 as well (unless you specifically decline the upgrade in writing).

If you are injured by a minimally insured driver with this kind of coverage, your coverage will be equal to your PIP insurance plus $375,000 ($375,000 = your $400,000 SUM coverage minus the other driver’s $25,000 in bodily injury liability insurance). This is a great improvement over the prior coverage which was your PIP insurance plus zero ($25,000 minus $25,000). Obviously, this could make a huge difference in your life.

The New Law Doesn’t Automatically Apply to Your Existing Policy

You may have purchased your insurance policy before the new SUM law went into effect. If you did, you should check the fine print concerning your current SUM coverage, and upgrade it if you find it to be insufficient. Don’t wait until an accident occurs to make a change – by then it will be too late.

Contact Us Immediately

E. Stewart Jones Hacker Murphy wasn’t opened yesterday like so many personal injury law firms these days. We have been around for more than a century, and we have been named a top local law firm by U.S. News every year since 2011.

We serve clients from Albany, the Capital Region, upstate New York and beyond. If you are a car accident victim, or if you simply have questions about your coverage, contact us today to schedule a free case consultation.

Deadline to Challenge the Assessment On Your Property – Tues 5/22/18

The deadline to challenge the assessment on your property is Tuesday, May 22, 2018.  In order to preserve your rights to reduce you real property taxes, you must file a grievance with the local Assessor or that municipality’s Board of Assessment Review on or before that date.  The attorneys at E. Stewart Jones Hacker Murphy LLP have worked on assessments for many years and will be able to help you in your pursuit of real property tax relief.

Contact David R. Murphy at (518) 213-0117, dmurphy@joneshacker.com, or Patrick L. Seely, Jr. at (518) 213-0118, pseely@joneshacker.com, to discuss your assessment.

Failure to Diagnose & Medical Malpractice in Albany, New York

doctor talking to male patient

There are many ways to accidentally harm someone. Most of us would have more sympathy for a doctor who negligently fails to diagnose cancer than for a motorist who negligently runs a red light and causes an accident. From a legal point of view, however, both of these parties are equally responsible for the harm they caused, and both are liable to pay full compensation.

Not all adverse medical outcomes amount to medical malpractice, of course. New York guards against the possibility of meritless lawsuits by requiring your attorney to file a Certificate of Merit to maintain the lawsuit. This means that your attorney must consult with a licensed physician and decide that a “reasonable basis” exists for the lawsuit.

Common Reasons for Failure to Diagnose

“Failure to diagnose” cancer refers to two distinct scenarios:

  • The doctor made no diagnosis of your condition whatsoever
  • The doctor diagnosed your condition as something other than cancer.

Either way, the doctor failed to diagnose your cancer. Since at least one expert has concluded that medical diagnoses are wrong about 15 to 20 percent of the time, your chances of falling victim to a negligent failure to diagnose cancer are far from remote. Following are some of the most common reasons why health care providers fail to diagnose cancer:

  • Failure to take an adequate medical history of you and your family;
  • Failure to order appropriate diagnostic tests;
  • Misinterpretation of test results;
  • Failure to communicate (failure to transfer test results to the appropriate person, for example)

The Differential Diagnosis List

When a doctor examines your condition, he will create a “differential diagnosis list” in which he lists possible conditions that could be responsible for your symptoms, in descending order of their likelihood. For example:

  1. Diverticulitis
  2. Crohn’s disease
  3. Colon cancer

The doctor will then attempt to rule out various possible conditions using means such as biopsies, etc. Malpractice may occur, for example, if your actual condition is not on the differential diagnosis list at all, or if it was on the list but the doctor failed to take steps rule out your actual condition. The ultimate standard is what a “reasonably prudent doctor” would have done under the same circumstances.

What is a “Reasonably Prudent” Doctor?

The “reasonably prudent doctor” is a fictional character. The reasonably prudent doctor is not the best doctor, and he is not even the average doctor (otherwise about half of all doctors would commit malpractice on a daily basis). Instead, the “reasonably prudent doctor” is a doctor who meets the minimum standard necessary to avoid committing malpractice.

This standard, although “minimum”, is a high standard. By a process of elimination, there has to be a “worst doctor” out there somewhere — it is a mathematical inevitability, Nevertheless, even the worst doctor should still be competent enough to inspire confidence. Whether a “reasonably prudent doctor” would have diagnosed your cancer is typically determined by expert testimony.

Proving Your Case in Court (or at the Settlement Table)

Although most personal injury claims are resolved at the settlement table rather than in court, a particularly high percentage of medical malpractice claims end up in court, because health care providers fight hard to protect their reputations. This reality means that even if you end up winning a settlement, you may still have to collect enough evidence to prove your claim in court.

The four elements that you must prove to win a medical malpractice claim are:

  1. Duty. You must prove that a doctor/patient relationship existed. This is normally easy to prove.
  2. Breach. Expert testimony must establish the standard of care (the “reasonably prudent doctor” standard), and you must prove that the doctor failed to meet this standard.
  3. Causation: You must prove that the doctor’s failure to diagnose your cancer caused you actual harm.
  4. Damages: You must prove exactly how much harm you suffered, including both economic and non-economic losses (pain and suffering, for example).

Wrongful Death Claims

Compared to other forms of medical malpractice, failure to diagnose cancer is particularly likely to result in the death of the patient. When this happens, the patient’s claim does not die with him — it is simply transformed into a wrongful death claim.

The personal representative of the deceased victim’s probate estate is the party who files a wrongful death lawsuit. This person is usually named in the victim’s will and is typically a close relative (often the victim’s spouse). If the victim left no will (a child, for example), a probate court will appoint the personal representative, and it will usually appoint a close relative.

The Statute of Limitations

The statute of limitations sets the deadline by which you must file a medical malpractice claim. If you miss it your claim will die, even at the settlement table. The New York medical malpractice statute of limitations was modified by “Lavern’s law” when it applies to failure to diagnose cancer. It is rather complex, and you should consult with a lawyer to determine the exact date:

  • You generally have two and a half years from either (i) the date that you discovered or should have discovered the malpractice or (ii) the last day of continuous treatment, whichever is later, to file the lawsuit.
  • In no case will you be able to file a lawsuit any later than seven years after the malpractice actually occurred
  • Special rules apply to claims that arose before the law was passed (January 31, 2018)

Contact Us Today

E. Stewart Jones Hacker Murphy has been around for more than a hundred years and has been named a first-tier Albany law firm by U.S. News every year since 2011.

We serve clients from all over Albany including Downtown Albany, Arbor Hill, Pine Hills and elsewhere. We also serve clients in the Capital Region, upstate New York and beyond.

If you suspect that you are a victim of a negligent failure to diagnose, contact us today to schedule a free case consultation, where we can answer your questions and discuss your options.

Uber/Lyft Accidents

Uber/LyftCompanies like Uber and Lyft are part of the new wave of Transportation Network Companies (TNCs) that may soon completely marginalize the traditional taxi industry. Although the ridesharing industry has significantly lowered the cost of intra-city travel for people without access to their own vehicle, it has introduced new complications as well.

TNC drivers are not as well-trained as their taxi driver counterparts, and accidents are not terribly uncommon. When this happens, the legal situation can become complex very quickly,  because they potentially involve three different insurance policies – the driver’s commercial insurance (through Uber or Lyft), the driver’s personal insurance and the other driver’s personal insurance.

What to Do After a Ridesharing Accident

The steps to take after a ridesharing accident are more or less the same as the steps you should take after any accident that might generate a personal injury claim, including:

  • Seek medical treatment ASAP. Part of the reason for this is to generate evidence for your claim.
  • Contact the police and make sure they fill out a police report. This is likely to happen without your initiative under most circumstances.
  • Collect driver’s license, phone number, and insurance information from all drivers involved in the accident
  • Obtain names and phone numbers of any witnesses
  • Photograph the scene of the accident with your cell phone
  • Contact a competent personal injury attorney
  • Do not speak to any insurance adjusters – refer them to your attorney instead.

If you were seriously injured, you will of course have to skip or delay some of these steps.

Client Testimonial

“You and your staff are tops in our book. We sincerely appreciate everything you have done, and keeping us so informed with evening and weekend calls. You are so excellent at your profession and it was clearly demonstrated in what you did for us. You thoroughly enjoy your job!”

– C. & J. Gottbehut

Kinds of Personal Injury Claims We Typically Handle

Below is a list of some of the types of traffic accident cases we handle:

Frequently Asked Questions (FAQs)

Can I claim against my own no-fault insurance policy if the app was on and I had no assignment?

Probably not, because most personal auto insurance policies exclude coverage for commercial activities. As long as you were driving with the app on, your activity would be considered “commercial.” Check your policy language to confirm its coverage.

What does Uber insurance cover?

Uber insurance covers:

On assignment:

  • $1.25 million in personal liability per accident
  • $1.25 million in underinsured/uninsured motorist coverage
  • Personal Injury Protection (PIP) up to $50,000 for each occupant, regardless of fault

App on, no assignments:

  • $75,000 per injury/$150,000 per accident/$25,000 property damage
  • $25,000 per person/$50,000 per accident uninsured motorist insurance
  • PIP protection up to $50,000

What does Lyft insurance cover?

Lyft insurance covers the following:

On assignment:

  • $1 million in liability per accident
  • $1 million in underinsured/uninsured motorist coverage

App on, no assignments:

  • $50,000 per person, $100,00 per accident, $25,000 property damage

Are there any gaps in insurance coverage?

Coverage loopholes in Uber, Lyft, and most personal insurance policies include the following:

  • Damage to a ridesharing driver’s car due to an accident that occurred while his app was on with no current assignments (depending on circumstances, the other driver’s insurance might cover these damages)
  • Personal injury to a ridesharing driver without an assignment, if the accident was the ridesharing driver’s fault

Can I still file a claim if the accident was partly my fault?

Yes, as long as the accident was not completely your fault. Under New York’s “pure comparative fault” system, you are entitled to some damages (discounted by your degree of fault) even if you were mostly at fault. Keep in mind that the other driver can also sue you as well, and you might end up with a net loss.

I suspect that my driver was intoxicated. Can I add punitive damages to my claim?

Although it is possible to receive punitive damages under New York law in certain circumstances, insurance companies are not obligated to pay these damages. Consequently, you might not be able to collect punitive damages unless the driver can pay them out of his own pocket. Since ridesharing jobs are relatively low-paid, it is unlikely that an Uber or Lyft driver could afford to pay punitive damages out of their own pocket.

What are pain and suffering damages?

Pain and suffering damage compensate you for the physical suffering that you experienced as a result of your personal injury. Unlike punitive damages, these types of damages are commonly awarded, and in some cases they might far exceed the amount of medical expense reimbursement.

Who files the claim if the accident victim dies from his injuries?

In this case, a wrongful death claim is appropriate. It must be filed by the personal representative of the victim’s probate estate – the person named in the victim’s last will and testament or appointed by the probate court. The personal representative must distribute these damages appropriately after they are awarded.

Our Reputation

  1. Stewart Jones Hacker Murphy has been showered with awards since shortly after its founding. Some of the more prominent honors bestowed upon our firm and its members include:
  • Ranked among “Best Law Firm” in Albany by U.S. News
  • “AV Preeminent” ratings from the industry standard Martindale Hubbell legal directory
  • Multi-million Dollar Advocates Forum for personal injury lawyers, representing fewer that one percent of all U.S. lawyers
  • 10.0 rating by the AVVO legal rating service

Turn Time into Your Friend Instead of Your Enemy

The reality of personal injury law is that a personal injury claim is usually at its strongest shortly after it arises. It’s not only the statute of limitations deadline that matters – witness memories, for example, are freshest soon after the event. It is in your interest to secure expert legal representation as soon as possible after your accident.

If you suffered an injury in a ridesharing accident in the state of New York, and if you suspect that someone other than yourself may be responsible for the accident, contact us today to schedule a free, no-obligation case consultation.

As a Cancer Patient, What Does Lavern’s Law Do for You?

Lavern’s Law Lawyers Serving Cancer Patients in New York State

gavel and stethescopeHave you been diagnosed with a form of cancer?  Is it possible that you were previously misdiagnosed about your cancerous condition?  If the answer is yes, our law firm of E. Stewart Jones Hacker Murphy is prepared to assist you, diligently seeking to fight to preserve your rights and to receive the justice that you rightly deserve.

What is the So-called Lavern’s Law?

After the passage in the Assembly and the New York State Senate, the Governor of the State of New York signed into law what’s known as the “Lavern’s Law.”  Essentially, what this new law does is extend the time period for late cancer diagnosis victims to bring a legal action.  In effect, it is a “discovery” rule.

Who is Lavern?

The new “Lavern’s Law” was named after a Bronx resident, one Lavern Wilkinson who happened to pass away in 2013, at the young age of 41.  Wilkerson passed away due to what was believed to be a treatable form of lung cancer.  It was reported in the New York Times that, in 2010, doctors did not catch a curious, two centimeter mass upon her right lung.  (The New York Times wrote many editorials advocating for the passage of new legislation.)  

She returned to Kings County Hospital in Brooklyn in 2012, due to her experiencing a chronic cough.  The hospital performed an X-ray, and what resulted was frightening.  The X-ray revealed that cancer had now spread throughout her entire body.  When Wilkerson learned of the cancer, and the doctor’s initial error, it was too late to take legal action, because by then the statute of limitation period had run its full course.  
       

What Was the Law before the Lavern’s Law Was Enacted?

Prior to the adoption of the Lavern’s Law, when a doctor missed a diagnosis of cancer, there would be just 2 ½ years to bring a legal action against the doctor for medical malpractice.  Even though 2 ½ years seems like a long period, in actuality it is not.

It happens where a patient doesn’t discover that the doctor missed the cancer diagnosis until months later, or even years later.  Generally, cancer is a slow growing disease.  A misdiagnosis means that the disease will continue to grow without the patient being aware of it.  Sadly, a misdiagnosis can lead to the patient’s death.

A senate bill sponsor of Lavern’s Law was John DeFrancisco (R-Syracuse).  DeFrancisco, who was also a long-time trial lawyer, had said that, with the vast majority of cases where a cancerous mass had been found but not disclosed, the statute of limitations had run out prior to the patient being able to bring a lawsuit.

Trial Lawyers Versus Hospitals

Throughout the political process, Lavern’s Law was strongly divided by two distinct sides.  The trial lawyers called the bill “fair play.”  The deep-pocketed medical establishment, such as the hospitals and medical societies, sought to block the measure at every step along the way.  The opposition was predicting that some doctors were likely to leave the state, and that insurance rates would skyrocket.  Further, the medical establishment averred that many of the states had similar laws in place as previously existed in New York, and these states also have placed caps on pain and suffering awards and limitations on the total damages that can be awarded.

According to the New York Daily News, certain groups went even further.  The New York Medical Society expressed that it was “extremely concerned about the ultimate impact to New Yorkers’ access to care” if the new bill was to be signed into law.  Additional hyperbole was cast.  The Lawsuit Reform Alliance of New York complained that “at the behest of the trial lawyers, lawmakers in Albany have laid the groundwork to turn New York’s medical care crises into a full-blown catastrophe.”

Concerning the legislation, the New York Times reported that “The bill guards the interests of patients who might otherwise be frozen out of seeking just compensation simply because they had no way of knowing that a grave diagnostic error had been made.”

According to the New York Law Journal, the president of the New York Trial Lawyers Association, stated the following concerning Lavern’s Law:  “Lavern’s Law is the result of an extremely committed coalition of advocates, courageous patients and their families and others who came together to address injustice.  We will continue to work across New York to make our state fairer, safer and more equitable for New Yorkers of all walks of life.”

A Change in the Law – Lavern’s Law

There was a dramatic change in the law, upon the adoption of Lavern’s Law.  As of today, the measurement of time is very different.  Now, it is 2 ½ years from the point in time that the patient discovers the missed diagnosis.  This is up to a maximum of 7 years from the date of the patient’s last treatment.  This change in the law makes a huge difference for patients and their families.  Now, otherwise barred claims can still be brought against the doctor who misdiagnosed the patient.

In accordance with the new law, if the misdiagnosis occurred during the period ten months prior to the enactment of the new law, then they have 6 months (after enactment) to bring a lawsuit.
 

Contact the Law Firm of E. Stewart Jones Hacker Murphy Concerning Lavern’s Law

Being informed that you have cancer can be one of the most difficult conversations you will ever have.  As we are all aware, it is critical and extremely important to discover that you indeed have a cancerous disease as soon as possible.  You cannot receive the necessary medical treatment if you have not been properly diagnosed with the disease.  

Have you been possibly misdiagnosed about a cancerous disease?  If so, the experienced medical malpractice attorneys at E. Stewart Jones Hacker Murphy can assist you.  To discover the ways our law firm can assist you, contact us immediately through our contact form online, or by dialing 518-380-2597 today.

Capital District Trial Lawyers Association Names New Officers for 2018

The Capital District Trial Lawyers Association in Albany, New York, named its new officers for 2018.

The association elected Meghan Keenholts, Esq. as its president.  Mrs. Keenholts is a partner with E. Stewart Jones Hacker Murphy, LLP a personal injury and criminal defense law firm with offices in Albany, Troy, Saratoga and Latham.

Also elected were:  Laura Jordan, Esq., Powers & Santola, LLP, vice president; Kathleen Barclay, Esq., Maguire Cardona, PC, treasurer; and William Little, Esq., Teresi & Little, PLLC, secretary.

Each will serve a one-year term through 2018.

The Capital District Trial Lawyers Association has more than 500 attorney members.  The organization is an accredited provider of continuing legal education seminars and hosts an annual dinner to honor Capital District judges and trial attorneys who exemplify the standards of excellence demonstrated by the organization’s founding members. More information is available at www.cdtlany.com.