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Garden City, NY Estate Planning & Complex Litigation Blog

Friday, May 4, 2018

Three Real Examples of Medical Malpractice

Daryoush Mazarei: Unfortunately, it is not unheard of for a surgeon to leave a piece of equipment inside of a patient after an operation has been completed. Even though there are procedures in place to prevent this, doctors are human, and mistakes happen on a regular basis. What makes the case of Daryoush Mazarei so notable is that after the surgery, when Mr. Mazarei returned to the hospital complaining of intense pain and attempting to show the health care professionals the end of the 10 inch retractor that was protruding from his ribs where his surgeon had left it, he was told that his pain was in his head and referred him to a psychiatrist.  Eventually the retractor was removed. Mr. Mazarei’s case was settled out of court and the hospital apologized.

Dr. Farid FataDr. Fata is currently serving a 45-year sentence in prison after improperly diagnosing more than 550 patients for profit.  He prescribed extensive rounds of radiation and chemotherapy to patients who did not need it and treated terminal cancers aggressively instead of letting his victims die peacefully in order to rake in more than $17 million from fraudulent bills.  Although Dr. Fata’s fate has been decided, his victims and their heirs are still engaged in a court battle to determine if they will be compensated for Fata’s egregious conduct.


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Friday, April 27, 2018

What is Estate Recovery?

Medicaid is a federal health program for individuals with low income and financial resources that is administered by each state. Each state may call this program by a different name. In California, for example, it is referred to as Medi-Cal. This program is intended to help individuals and couples pay for the cost of health care and nursing home care.

Most people are surprised to learn that Medicare (the health insurance available to all people over the age of 65) does not cover nursing home care. The average cost of nursing home care, also called "skilled nursing" or "convalescent care," can be $8,000 to $10,000 per month. Most people do not have the resources to cover these steep costs over an extended period of time without some form of assistance.


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Thursday, April 19, 2018

Medical Malpractice

There are always certain elements that need to be demonstrated in order to bring a successful malpractice action. For example, the treating doctor must have had a legal obligation to provide this medical care to this particular patient and there must have been a "breach," that is, an intentional or unintentional infraction or violation of the law. A breach usually occurs when the doctor fails to follow the “standards of the profession.” 

Medical malpractice is a tort (civil wrong) that may fall under a “negligence” action.  Negligence by a medical professional typically occurs when he or she neglects to protect a patient “from a foreseeable risk of harm.”  In order for malpractice to be proved, the doctor’s breach must be the actual and immediate, or precipitating, cause of the patient's injury. In addition, there must be damages for a court to remedy.  All of the above elements must be present in order to bring a valid cause of action within the state’s statute of limitations. The patient's attorney has the burden of proving each element of the case. 


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Friday, April 6, 2018

Removal of a Trustee

In creating a trust, the trustmaker must name a trustee who has the legal obligation to administer it in accordance with the trustmaker’s wishes and intentions. In some cases, after the passing of the trustmaker, loved ones or beneficiaries may want to remove the designated trustee.

The process to remove a trustee largely depends on two factors: 1) language contained with the trust and 2) state law. When determining your options, there are a number of issues and key considerations to keep in mind.

First, it is possible that the trust language grants you the specific right to remove the named trustee. If it does, it likely will also outline how you must do so and whether you must provide a reason you want to remove them. Second, if the trust does not grant you the right to remove the trustee, it may grant another person the right to remove. Sometimes that other person may serve in the role of what is known as a "trust protector" or "trust advisor." If that is in the trust document you should speak to that person and let them know why you want the trustee removed. They would need to decide if they should do so or not. Finally, if neither of those is an option, your state law may have provisions that permit you to remove a trustee. However, it may be that you will have to file a petition with a court and seek a court order. You should hire an attorney to research this for you and advise you of the likelihood of success.


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Wednesday, March 28, 2018

What is Nursing Home Negligence?

For those who can no longer care for themselves as they age, it may be necessary to enter a skilled nursing facility. While many seniors receive quality care in these facilities, the elder care system has well documented problems with abuse and neglect. When accidents and failures lead to injuries or a resident is the victim of intentional harm, a nursing home can be held liable.

The most vulnerable members of our society can be harmed in a number of ways. For example, many nursing homes fail to supervise patient's adequately, which often leads to slip and fall accidents that result in significant injuries and even death. Moreover, many facilities are owned by corporations that engage in negligent hiring practices or fair to properly train and supervise employees. In these situations, employees may neglect or abuse patients.

The most egregious cases of negligence occur when a facility fails to maintain adequate health and safety policies or fails to provide patients with adequate medical treatment. However, a patient who suffers an injury as a result of a medical mistake that does not meet the accepted standard of medical care may have grounds for a lawsuit.


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Wednesday, March 14, 2018

Leading Reasons for Medical Malpractice

People who need medical care put their trust in doctors, hospitals and other healthcare providers. When that trust is violated and a patient is injured because of a medical mistake or incompetence, there may be grounds for a medical malpractice lawsuit. This is a brief overview of leading reasons for medical malpractice.

Misdiagnosis or Delayed Diagnosis

Many medical practice claims arise from misdiagnosis or delayed diagnosis. A patient whose injury or illness is not accurately or quickly diagnosed may not receive the necessary treatment and suffer serious harm or death. Having a valid claim requires demonstrating that a reasonably skilled doctor would not have made the same mistake under the same circumstances.

Medication Errors


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Sunday, March 4, 2018

A Shared Home but Not a Joint Deed

Many people erroneously assume that when one spouse dies, the other spouse receives all of the remaining assets; this is often not true and frequently results in unintentional disinheritance of the surviving spouse.

In cases where a couple shares a home but only one spouse’s name is on it, the home will not automatically pass to the surviving pass, if his or her name is not on the title. Take, for example, a case of a husband and wife where the husband purchased a home prior to his marriage, and consequently only his name is on the title (although both parties resided there, and shared expenses, during the marriage). Should the husband pass away before his wife, the home will not automatically pass to her by “right of survivorship”. Instead, it will become part of his probate estate. This means that there will need to be a court probate case opened and an executor appointed. If the husband had a will, the executor would be the person he nominated in his will who would carry out the testator’s instructions regarding disposition of the assets. If he did not have a will, state statutes, known as intestacy laws, would provide who has priority to inherit the assets.


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Monday, February 26, 2018

Common Types of Personal Injury Cases

Thousands of individuals are injured in accidents in the United States every year. When injuries are caused by the negligent, reckless or intentional conduct of others, it is possible to obtain compensation by pursuing a personal injury claim. Some of the more common types of injury cases include:


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Thursday, February 15, 2018

Life Insurance and Medicaid Planning

Many people purchase a life insurance policy as a way to ensure that their dependents are protected upon their passing. Generally speaking, there are two basic types of life insurance policies: term life and whole life insurance. With a term policy, the holder pays a monthly, or yearly, premium for the policy which will pay out a death benefit to the beneficiaries upon the holder’s death so long as the policy was in effect. A whole life policy is similar to a term, but also has an investment component which builds cash value over time. This cash value can benefit either the policy holder during his or her lifetime or the beneficiaries.


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Friday, January 26, 2018

What is pain and suffering?

Individuals who are injured in accidents that were due to the reckless or negligent conduct of others may be able to recover damages for pain and suffering. Let's take a look at the two types of pain and suffering and how victims can obtain compensation.

Physical pain and suffering

Physical pain and suffering arises from current physical injuries as well as long-lasting effects that may be suffered in the future. Common symptoms of physical pain and suffering include broken bones, concussions, muscle and ligament damage, body aches and pains, and many others.

Mental pain and suffering


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Tuesday, January 16, 2018

Mediation: Is It Right For You?

Mediation is one form of alternative dispute resolution (ADR) that allows parties to seek a remedy for their conflict without a court trial. Parties work with a mediator, who is a neutral third party. Usually, mediators have received some training in negotiation or their professional background provides that practical experience.

Unlike a judge, a mediator does not decide who wins; rather, a mediator facilitates communication between the parties and helps identify issues and solutions. The goal is for parties to reach an acceptable agreement.


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Lawrence M. Gordon, Attorney at Law, P.C. has offices in Garden City, NY and assists clients throughout Long Island, including: the north shore of Long Island, The Town Of Oyster Bay, The Town Of North Hempstead, The Town Of Hempstead, The Town Of Huntington, Nassau & Suffolk Counties & throughout the Five Boroughs of The City Of New York.



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