Loss of Earning Capacity in the “Better than Before” Client

 

            Proving loss of earning capacity can be troublesome, particularly when the client has a partial permanent injury, but makes more money after the accident than before, and is able to function at work, home, and play without any apparent disability.  These include injuries such as partial loss of peripheral vision, loss of one kidney, scars, loss of spleen, etc.

While these injuries are permanent, the injured client can continue to function at full capacity in his/her vocation.  Damages for loss of earning capacity are much more difficult to prove in these types of cases because

Physician Professional Misconduct

 

The practice of medicine is perhaps one of the most mentally, as well as physically demanding and challenging of professional endeavors.  Patients are today more sophisticated and knowledgeable about their own bodies and medical conditions, and thus present more burdensome demands on a doctor’s time.  Government regulations on everything from fees, record keeping, as well as licensure, and the ultimate watch-dog, the tort system, dilute the satisfaction and fulfillment that should come from patient care.  If you are a doctor, keeping up with changing medical care standards and good intentions may not be enough to satisfy acceptable standards of professional conduct.  It behooves the doctor to be aware of the fact that under New York law (Education Law §6530), there are 48 “Definitions of professional misconduct.”  Section 6531 has an “additional definition” dealing with fee splitting making in all 48.

N.Y. Court of Appeals: Firefighters & Police can Sue Employers for Unsafe Workplace

Our office has a particular respect and appreciation for the nature of modern police and firefighting work which exposes police and firefighters to risk of physical injury on a daily basis, thereby increasing their vulnerability to physical injury or death. Our firm’s partner, Irving O. Farber, Esq., has a first-hand understanding of the dangers faced through his role as a Mount Kisco volunteer firefighter.