January 2018

News from Alan W. Clark & Associates
A Personal Injury Law Firm

Patient Safety

Lavern's Law

Lavern's Law, S6800/A8516, would extend the statute of limitations for medical, dental or podiatric malpractice related to the failure to diagnose cancer or other tumors from two years and six months from the date of the act, omission or failure complained of, to two years and six months from when a person discovers the alleged negligent act or omission up to seven years from the negligent act or omission. This bill has passed both houses of the state legislature and is on the Governor's desk awaiting action.

Because this bill would ensure that victims of medical malpractice in New York State have access to justice rather than being denied their day in court, we request that you contact the Governor and ask that he sign this important legislation into law.

The Role of the Attorney in Patient Safety

"The role of the attorney in patient safety is to hold wrongdoers, that is, doctors and hospitals, accountable for their negligent medical errors to patients. And, in doing so, we help improve the quality of health care and make medicine safer for all patients and help to prevent the same occurrence from happening to someone else," says Alan W. Clark, Managing Partner of Alan W. Clark & Associates, LLC.

To learn about the role of the attorney in patient safety, click here.

Beware of Social Media

Could Social Media Impact Your Personal Injury Claim?

By Stephanie R. Caudle
Huffpost

The use of social media is becoming more and more common. In fact, as of January 2014, 74 percent of adults who used the internet also used social media sites, a Pew Research Center report found. (Since that time, it is estimated that that number has grown.) As social media provides a forum for individuals to share their thoughts, feelings, experiences, and photos, it makes sense that some people who have been injured in an accident turn to social media to share details. However, social media effects on a personal injury claim can be negative, and using social media while in the midst of the claims process is not advised.

Client Testimonial

It is with great pleasure to write a testimonial on behalf of Allen Clark and Associates. My son was born with a rare congenital defect and was medically neglected and damaged for life. Our case was not the norm and as easy as it should have been. Not once did Allen or Debbie give up on my son. They did an amazing job advocating for him. It was a long haul and very expensive but the two of them stuck it out to the end and my son got what he deserved.

Thank you,

Jennifer, Medical Malpractice Client

Recent Results

$2,250,000 — Medical malpractice settlement for 62-year-old woman whose radiologist misread her mammogram results and failed to diagnose breast cancer.

$1,950,000 — Construction worker fell from building, sustaining serious injuries to his spine and requiring extensive back surgery and treatment. The case was brought against the building owner and general contractor for violations of New York’s Labor Law in not providing the worker with a safe place to work, as well as proper safety devices, which would have prevented his fall.

$1,200,000 — Failure to diagnose and treat ongoing cardiovascular disease, resulting in a coronary bypass, and chronic pericarditis, resulting in chronic weakness, shortness of breath and chest pain.

$975,000 — Failure to timely and properly diagnose breast cancer in a 65 year old woman resulting in her wrongful death.

$900,000 — Medical malpractice action commenced due to the hospital’s negligent monitoring of tubes placed in premature infant’s mouth, resulting in permanent injury to baby’s cheek and lower lip.

$900,000 — Failure to treat atrial fibrillation with anticoagulant medication, thereby resulting in a stroke.

$750,000 — Failure to timely diagnose and treat a congenital condition known as a Double Aortic Arch. This condition strangulates the trachea and esophagus which causes severe breathing issues and difficulty eating.

$325,000 – Failure to timely diagnose appendicitis, resulting in rupture of the appendix.

$300,000 — Trip and fall at a residence due to failure to provide a handrail on a stairway as required by local code, causing numerous fractured ribs, respiratory failure, prolonged hospitalization and medical complications.

$300,000 — Cosmetic implant operation following which patient suffered serious infection caused by a dirty facility and unsterile instruments, requiring hospitalization and treatment.

$250,000 — Home health aide for a frail, blind elderly patient did not hold onto the patient when escorting her to the bathroom. As a result, the patient fell and fractured her hip.

About Alan W. Clark & Associates

ADVOCATING FOR PEOPLE HARMED BY PERSONAL INJURIES, NEGLIGENT MEDICAL CARE AND THOSE INJURED ON THE JOB

REPUTABLE
In practice for over 39 years, we take great pride in providing quality service and personal attention to the details and circumstances of each case. We maintain the highest legal standards of professional ethics and representation. Most of our new clients come from prior, satisfied clients recommending us to their families and friends, and from attorneys who value and trust us with their referrals.

RESPONSIVE
We understand the importance of timely responses to telephone calls and emails of prospective and current clients. During what could be a stressful time, we listen carefully, addressing our clients' needs and concerns with empathy and understanding 24 hours a day, seven days a week.

RESULTS
Our meticulous preparation and commitment to excellence enable us to succeed in many cases that other attorneys thought were too difficult to win. We surpass our clients’ expectations and hold wrongdoers accountable to pay fair and just compensation.