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February 2018 Archives

Protecting your health against medical malpractice

Whenever you go to see your doctor, you are placing a large amount of trust in his or her experience to help you navigate symptoms, identify treatment options and secure your long-term health. While it is necessary for you to rely on your health care provider's ability to give sound care, it can also be unnerving at times to leave something as sensitive and important as your health in someone else's hands. In fact, there may be times when your doctor makes a mistake which while seemingly simple, can also put your well-being in grave danger in serious cases. At Goldberg Sager & Associates, we have helped many people in New York to recognize the dangers of medical malpractice.

What is the Emergency Medical Treatment and Labor Act?

If you do not have medical insurance, you may not seek medical care due to the expense. You may also have a hard time getting medical care once a doctor finds out you have no coverage. However, if you need emergency medical treatment at a New York hospital, you can go in and be seen even if you have no insurance or cannot pay right then, according to the American College of Emergency Physicians. This is a right guaranteed to you under the Emergency Medical Treatment and Labor Act. 

How to prevent the majority of car accidents

Tragically, the majority of car accidents are preventable, and the only reason why they happen is because human beings are not very good at following rules. If, for example, every driver refrained from breaking the rules of the road, we would have dramatically fewer vehicle accident deaths on our hands.

Can you successfully contest a will?

If you are an heir listed on someone else's will, you may have previously been told a little bit about what to expect. If not, there is a chance that your loved one made important decisions without adequate council or were confused perhaps, about what exactly he or she was doing. Fortunately, in these types of cases in New York, you have the option to contest a will if you have evidence to prove that it was created without proficient means. 

Make Sure You Have a HIPAA Release Form

Oftentimes, loved ones will have a difficult time accessing an elderly person's medical information relating to any condition that he or she may have. A health care proxy designates an agent to act on someone's behalf in the event he or she becomes incapacitated and is unable to make decisions for themselves. A comprehensive health care proxy may also include language that allows an agent to select physicians on the person's behalf.

Family Healthcare Decision Act in the Absence of a Healthcare Proxy

When an elderly person is unable to manage his or her finances, daily necessities, and medical treatment, but refuses to execute a power of attorney or health care proxy to appoint an agent to assist him or her, a guardianship proceeding may be necessary. However, in regard to health decisions where there is no health care proxy, the New York State Family Healthcare Decisions Act provides a list of individuals who may act as a decision maker on behalf of a person who is institutionalized in a nursing facility, rehabilitation facility, or hospital. In order of priority, substitute decision makers are a:

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