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April 2014 Archives

New Law Requires Congenital Heart Defect Screening of Newborns

A new law placed into effect recently requires that hospitals and their physicians test newborn babies for heart defects before being permitted to leave the hospital. Senate Bill 270-2013 was passed in 2013 and took effect at the beginning of 2014 and requires that the pulse oximetry screening take place within the first 24 hours of life. The pulse oximetry test is done by placing a sensor on the baby's foot and then on the baby's hand and by using light to measure how much oxygen is in the blood. The test is painless, non-invasive, and is quick to measure for low oxygen levels in the blood. If the amount of oxygen seems to be low, then doctors are able to run another battery of tests such as an electrocardiogram and an ultrasound to ensure that the heart is responding as it should. 

Price-Gouging: The Law Against Unreasonable Prices During Natural Disasters

New York City can be a very difficult place to live, especially in the middle of a natural disaster. As was seen in the news during Hurricane Irene and Sandy, New York City was caught in the middle and sustained serious physical damage, as well as loss of life.
Though it is unfortunate, there are people that try to take advantage during times of disaster and crisis, honing in on the desperation of others to make a quick buck. In the past, New York retailers and vendors have increased the prices of necessities during times of crisis and natural disasters, knowing that people in desperate positions will pay more for a tank of gas, bottled water, flashlights and batteries, a generator, or any other product that may be life-saving. After seeing instances of this "price gouging," New York passed legislation, General Business Law Section 396-r, to deter vendors and retailers and to protect consumers from this type of price-gouging by incorporating civil penalties to those who have violated the law. 

When a Child is Attacked at School. Who is Responsible?

As reported in the New York Daily news, a 16-year-old high school student, Stephauan Powell, and his mother are suing Lehmann High School in the Bronx for $5.5 million in damages, claiming that the school and the Department of Education failed to protect the 16-year-old from intentional violence on school property. 

The Tenant Blacklist: Are You On It?

Looking for housing in New York City can be a daunting task; it is hard to find the right balance between price, neighborhood, school districts, and even transportation that will make your life as easy and affordable as possible for you and your family. What you might not know is that you might be on a tenant blacklist that could make it almost impossible for you to rent your perfect apartment (or for that matter, any apartment).
It is common knowledge that building owners or landlords will ask prospective tenants for their housing applications, credit scores, and other information, which will help them assess how desirable (and reliable) you are as a tenant. However, what might not be common knowledge is that landlords have access to a tenant screening report, which is a tenant consumer report showing the tenant's housing court record.

Tenant Rights in the Face of Eviction

Landlord-tenant relationships are not always the easiest of relationships. These types of relationships, especially in the face of property damage or any type of damage that the landlord might need to fix, may be the epicenter of the strain between landlord and tenant. Most of the time these scuffles are usually ameliorated once the damage has been fixed, but sometimes there may be more to the problem. Though it seems that landlords, as owners of the property, may have the most amount of power in the landlord-tenant relationship, they are not allowed to take just any action. Tenants, through the power of their lease and the duration of their stay within the apartment, have rights to quiet enjoyment of the property without unreasonable trespass from landlords. 

Understanding Potential Damages Following NY Medical Malpractice

New York is filled with some of the best and brightest professionals in the medical community. However, not all doctors and nurses are alike, and even those with great skill are capable of making mistakes or oversights. When that happens and a patient is harmed unnecessarily, then under the civil law, the patient (and their family) may be able to receive compensation for their losses.
One common question that local residents have in the aftermath of medical malpractice involves the specific type of recovery. What damages are you entitled to receive? 

When Mean Girls Attack: The School's Role in Bullying

In a study recently conducted by the New York Health Department, it was estimated that 18 percent (almost one in five) of students in New York City public high schools have been the victims of some type of bullying or harassment.
Bullying within the school walls and cyberbullying, the use of the Internet, web site, or texts to abuse the victim, have had a significant impact on victims, especially seen in the last two years, when two students, who had been bullied, committed suicide. The study shows that one in six victims of this type of abuse tried to take their own lives; this rate being 2.5 times more likely than students who were not bullied. Race did not seem to be a significant factor in the bullying as victims classified as Whites, Blacks, Hispanics, and Asians all were victimized at a similar percentage, between 16 to 20 percent. With regards to gender, the percentage of children who were bullied on school grounds was more or less the same, whereas girls were more likely to be cyber-bullied than their male counterparts (13 percent as compared to 9 percent, respectively). 

What is the Price for Love?

When a loved one gets into a car accident and is seriously and permanently injured, the family will be forever changed by the injury. Not only may the loved one no longer be able to work or move around in the same way, but he or she may act or see the world differently than before. An injured spouse can change the entire dynamic of the marital relationship, especially if the injured spouse requires a certain level of care and/or can no longer live in the same capacity as before the injury.
When deciding whether to enter into a suit against the party who injured your spouse, there are a variety of actions that you may decide to take. It is, however, possible for you, as a non-injured spouse, to have your own legal remedies, especially if the accident changes your marital life completely. This right of action, as recognized by New York law, is known as a "Loss of Consortium." 

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