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QUEENS WEEKLY, FEB. 17, 2019
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Medical malpractice cases all
have at least one thing in common:
allegations that a healthcare provider
violated the governing standard
of care, resulting in injury,
or possibly even death. Here, that
standard involves the laws of the
State of New York. There are a variety
of cases that fall under medical
malpractice, all that result from
either an action taken by a healthcare
provider, or an omission from
action by a healthcare provider.
Nonetheless, it has led to irreparable
harm to a patient due to some
form of negligence, and therefore
legal redress will be owed to the
patient.
Examples of medical malpractice
cases include: failure to diagnose
a medical condition or disease
on time or at all, misdiagnosis of a
medical condition or disease, lack
of or inappropriate medical treatment,
and surgical errors and complications.
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Damages for medical malpractice
include economic recovery
for the victim to make them whole
again for lost wages, the cost of
medical care, other out-of-pocket
medical expenses, and even for
pain and suffering resulting from
the injury. Not only can the victim
recover, but so can their spouse,
and, in death cases, the next of kin
can recover for their loss. Additionally,
in New York, there is no cap
for damages that can be awarded
for a medical malpractice case.
It is also important to note that
there is a Statue of Limitations on
medical malpractice claims, which
means that the claim must be
brought within a certain amount of
time within the injury having occurred,
or else the claim could be
barred. In New York, the Statute of
Limitations for a medical malpractice
claim is 30 months, or 2 years
and 6 months, from the date of injury.
This statute is different for minor
children, however, which does
not start running until the child
turns 18. There is an exception to
this, though: regardless of the age of
the child when the injury occurred,
the statute of limitations cannot extend
longer than 10 years.
Medicine can, at the same time,
be both a great, wonderful thing
and a scary, unknown set of twists
and turns. If you or your family
finds themselves victim to the perils
of medical malpractice, you may
want to speak to your attorney as
soon as possible to discuss your options.
In past years our law office has
obtained numerous settlements in
Medical Malpractice cases including
settlements for $17.9 Million
and $18.1 Million, as well as a verdict
for $62 Million in a medical
malpractice case. If you have suffered
from the medical malpractice
of a doctor or hospital, our office is
available to discuss what happened
for a free consultation to determine
if you may be entitled to money
damages.
Pols blast Cuomo for
education budget plan
Northeast Queens lawmakers — including state Assemblyman Daniel Rosenthal (second
from l.) and State Sen. John Liu (c.) — speak out against the inadequate executive education
budget. Photo by Jenna Bagcal
BY JENNA BAGCAL
A host of northeast
Queens representatives
gathered in Whitestone on
Feb. 7 to slam Gov. Andrew
Cuomo’s “inadequate and
inequitable” proposed education
budget increase.
State Sen. John Liu was
joined by state Assemblyman
Dan Rosenthal and
representatives from the offices
of Assembly Members
Nily Rozic and David Weprin
at the press conference,
during which they charged
that the state has fallen $4
billion short in education
funding and claimed local
public schools are feeling
its effects.
After attending an education
budget hearing in
Albany on Feb. 6, the elected
officials learned that the
governor’s proposal would
only increase the budget
by $956 million despite the
state’s Department of Education
and the Board of Regents
recommendation of a
$2.1 billion increase.
“Unfortunately for our
constituents, pretty much
none of the schools in our
area will get any additional
funding,” Liu said of
the 182 northeast Queens
public schools. “The executive
budget is absolutely
inadequate when it comes
to school funding and it is
unwise when it starts to
dictate how a local school
district is managing
its affairs.”
The lawmakers also reported
that out of the $956
million, only $388 million
would go towards increases
in Foundation Aid —
state funding that supplements
local school district
funding that provides
sufficient resources.
In the past, New York
City schools received Foundation
Aid funding and
were responsible for deciding
how the money would
be allocated. Now, the lawmakers
reported that there
are stipulations in the executive
budget that say which
schools get additional money
and which do not.
Rosenthal echoed these
sentiments and reported
that he learned which
schools would and would
not receive additional funding
from Mayor de Blasio’s
staff up in Albany. He said
that he believed the budget
was being “micromanaged”
and added that it should be
up to the city Department
of Education and Schools
Chancellor Richard Carranza
to determine how
funding is allocated.
“My district will be hit
hard by this,” Rosenthal
said. “We try to visit all
our schools throughout the
year, we meet principals to
see what their needs are
and we try to help them
with our own capital allocations.
But we still have
schools in Queens that are
significantly underfunded.
We still walk into schools
that are asking us for laptops,
air conditioning in
gyms and a lot of things
which you would consider
to be basic needs and it’s
extremely concerning.”
Back in August 2018,
Liu, Rosenthal and state Assemblyman
Ron Kim were
among the northeast Queens
lawmakers who rallied for
city public schools to receive
their fair share of funding.
Liu explained that fair
shares are determined by the
New York Court of Appeals
in the Campaign for Fiscal
Equity lawsuit in 2007.
“That determination
was made 12 years ago and
it’s well established that
the state government still
owes the school children of
this state $4 billion more in
the state budget,” he said
adding that the state Department
of Education and
Board of regents recommended
that $1.66 billion
be added to the state budget
over the next three years to
reach that goal.
Reach reporter Jenna
Bagcal by e-mail at jbagcal@
qns.com or by phone at
(718) 224-5863 ext. 214.
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