42 The Queens Courier • BUZZ • NOVEMBER 6, 2014 FOR BREAKING NEWS VISIT www.queenscourier.com Advertorial Legally Speaking By: Scott Baron, Attorney at Law STUCK BY A NEEDLE Q: At the hospital, we were bathing a critically-ill patient suffering from AIDS. As I was turning him, a hypodermic needle (left in his bed by an intern) stuck me in the thumb. For two months, I was treated with antiviral medications for potential HIV exposure, suffering side effects that continued for several months thereafter including nausea and neuropathy in my hands and feet. For a period of two years following my exposure, my blood was tested every three months. I expect permanently to suffer from post-traumatic stress disorder, including sleep disturbances and flash backs. The hospital is saying that I should not recover emotional-distress damages beyond the six-month mark because a person exposed to HIV who has tested negative at that juncture is unlikely to become infected – and it was therefore unreasonable for me to continue to fear infection. I have undergone psychiatric therapy and taken antidepressant medications to alleviate my emotional injuries. Despite these efforts, my symptoms persist. My fear is so great that I have left the nursing profession for teaching – at one point even considering stooping so low as to become a lawyer. A: The hospital’s breach of its duty of care to you, resulting directly in emotional harm, is compensable even though no physical injury occurred – so long as your mental injury is a direct result of the breach. As for limiting your damages to the first six months, there is no precedent for such a bright-line restriction, in our common-law tort jurisprudence. Even if the jury issues an excessive, idiosyncratic damages award, then the court can simply exercise its power to set aside a judgment that deviates materially from reasonable compensation. The law responds to changed conditions; exceptions and variations abound. Military veterans are invited for a special American Legion session at Fort Totten ANNUAL TRADE SHOW AND LUNCHEON / LIC PARTNERSHIP FANTÁSTICA !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 11/13/14 TRADE SHOW NEW VENUE! ANNUAL NEW PROGRAM! & LUNCHEON Here, the information is general; always seek out competent counsel This article shall not be construed as legal advice. Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 ASTORIA WORLD MANOR 25-22 ASTORIA BLVD, LIC, NY ! TRADE SHOW 10AM-3PM LUNCHEON 12PM-1:30PM ! KEYNOTE SPEAKER KENNETH ADAMS, PRESIDENT AND CEO EMPIRE STATE DEVELOPMENT ! HONOREES K. THOMAS ELGHANAYAN, CHAIRMAN AND CO-FOUNDER FREDERICK ELGHANAYAN, PRESIDENT AND CO-FOUNDER TF CORNERSTONE INC ! REGISTER NOW AT LICPARTNERSHIP.ORG/TRADESHOW MEDIA SPONSORS: THE QUEENS COURIER & QNS.COM – Military veterans in and around the greater Queens Borough are invited for a special American Legion service session at Fort Totten located at 200 Duane Rd., Fort Totten, New York, 11359. All wartime veterans are invited to learn more about The American Legion and veteran benefits. Membership and veteran information staff will be available on Thursday November 13th and Friday, November 14th from 10 am to 6 pm and Saturday, November 15th from 9 am to 4 pm along with members of American Legion Posts in Queens County to kick off this community and veteran service campaign. In keeping with the over 95- year tradition of The American Legion, the rejuvenated American Legion posts in this area will focus on community service and assistance to veterans. “Service! That’s what The American Legion is all about,” said Frank J. Peters, Department (state) Commander of The American Legion for New York. “We exist to help each and every veteran, their families and the communities they live in.” The organization, which spearheaded the original GI Bill, has been advocating reform of the veteran’s health care system under its GI Bill of Health. The American Legion was also instrumental in the establishment of the Veterans Home Loan, veterans hiring preference and just compensation to veterans suffering from illnesses related to their military service, including those whose ailments stem from exposure to Agent Orange and mysterious Persian Gulf origins. For more information contact: Frank Weldon at: 718-878-2196 ADVERTORIAL
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