(914) 220-1086Plaintiff, Jacob Lavi, and his wife, brought a lawsuit against NYU Hospitals Center and endocrinologist Barry Schuval, to recover damages for medical malpractice and lack of informed consent. After receiving testosterone replacement therapy by a treating endocrinologist, plaintiff was diagnosed with prostate cancer. The plaintiffs bring suit against the defendants for a failure to warn the […]
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Patient Fell Off Scale at NY Hospital – Case Will Proceed
In Patel v. American Medical Response, Inc., et al, the representative of a deceased patient brought a negligence action against an ambulance operator and hospital to recover damages for personal injuries sustained after EMT left him unattended on a scale. The patient fell off the scale. The Supreme Court of Nassau County denied the hospital’s motion for […]
Plaintiff Loses Slip-And-Fall Claim By Failing to Submit Evidence regarding How She fell
In Giannotti v. Hudson Valley Federal Credit Union, plaintiff was a patron who brought an action against Hudson Valley Credit Union, seeking damages for personal injuries she sustained in a trip-and-fall accident in the credit union’s lobby. On April 16, 2013, the plaintiff walked with a Hudson Valley Federal Credit Union employee towards an office presumably to discuss […]
Camera Catches Nurse Assistants Physically Abusing and Taunting a Resident
Two certified nurse assistants in Florida were arrested after being caught on camera abusing an elderly patient at Palm Garden Nursing Home. Dale Wilson, the patient’s son, noticed bruising on his father, which prompted him to set up a hidden camera which captured three videos on physical abuse. Yashika Zenobiaha Jones, 28 and Rose Dorlean […]
Nursing Aid Sentenced to Jail after Sexually Abusing Resident
A Bronx nursing assistant accepted a plea to six months in jail and five years’ probation after being found guilty of Endangering the Welfare of an Elderly Person in the second-degree and Sexual Abuse in the second-degree of a nursing home resident at Manhattanville Rehabilitation and Health Center in the Bronx. He pled guilty to […]
New York Court Denied Defendant’s Request for “Independent” Medical Examination after Defendant Missed Deadline by One-year
As part of the personal injury civil system, discovery is a phase in litigation that prevents unfair surprises for all parties to a cause of action. The court system, including Federal and State courts, require disclosure of all relevant and material facts that pertain to the case, to be “disclosed,” to the other side prior to […]
“Tongue Tie” Clipping Procedure Mistakenly Performed on Wrong Infant
Jennifer Melton delivered a beautiful and healthy baby boy named Nate on December 16, 2015 at University Medical Center in Tennessee. Jennifer was encouraged by a nurse to allow her newborn to be taken to the nursery for a check-up. As this is routine, Jennifer tried to get some rest. Nate was returned a few […]
NY Nursing Home Attorney Report: The Cover-up is Worse Than the Crime (Usually)
On January 4, 2016 Attorney General Eric T. Schneiderman announced several guilty pleas in connection with allegations against Mohawk Valley Health Care Center (MVNH) for falsifying business records and covering up nursing home resident abuse and neglect. In a separate civil settlement, MVNH Associates, LLC also agreed to pay a $1,000,000 fine to Medicaid for […]
Lawsuit Filed Following Newborn Death as Result of EMS Decisions / Medical Malpractice
The family of an infant child filed a lawsuit after the loss of their newborn in February of 2014 after emergency medical technicians and doctors made a series of medical errors, resulting in the infant’s death. On January 3, 2014, Sara Keenan breastfed her newborn baby Lana and put her down for a nap; an […]
Patron Punched By NY Bouncer Will Get Trial
Darin Hill, security guard at a nightclub in New York City, allegedly caused a patron, Plaintiff Fauntleroy, to suffer serious personal injuries during an altercation. Mr. Hill was employed by a security company, All Season Protection of NY, LLC. The operator of the nightclub, Sutol Operating Company, hired All Season Protection to provide security at the establishment. […]
Rochester Nurse Convicted of Falsifying Medical Records After Failing to Provide Blood Thinner
A Registered Nurse (RN) at St. Ann’s Community Home in Rochester, New York recently entered a plea of guilty in a criminal court case involving neglect of an elderly resident. RN Christine Deisenroth was prosecuted by the Medicaid Fraud Control Unit of the New York State Attorney General’s Office. AG Eric T. Schneiderman charged the […]
Beechwood Homes in Amherst, New York Cited for 56 Violations
Two employees at Beechwood Homes, an Amherst, NY nursing home, were recently convicted for crimes committed while they were supposed to be caring for residents. Kimberly Fay, a Licensed Practical Nurse (LPN), was convicted for stealing hydrocone. Ms. Fay falsely documented discarding tablets of hydrocone in part of a residents’ chart. Instead of discarding the narcotics, she […]
Nursing Home Residents Exploited on Social Media
Across the country, nursing home employees have been violating the rights of nursing home residents through social media, posting humiliating pictures and videos of residents against their will and without their knowledge. In 2012, a non-profit investigative newsroom found 35 instances of nursing home employees dehumanizing residents on social media networks; uploading pictures of residents […]
Defendant Fails to Submit Evidence of Last Inspection of Slate; Case Proceeds
The New York Supreme Court, Appellate Division, Second Department in Bergin v Golshani, 2015 NY Slip Op 06103 [130 AD3d 767], denied a defendant’s motion for summary judgment to dismiss a cause of action alleging negligence. In the slip-and-fall case, the plaintiff sought to recover damages for personal injury for defendant’s failure to inspect the area where plaintiff was injured. […]
N.Y. Medical Malpractice Action Involving Res Ipsa Claim Will Proceed
In Swoboda v Fontanetta, 2015 NY Slip Op 06804 [131 AD3d 1042], the New York Supreme Court, Appellate Division, Second Department reversed a trial court order for summary judgment in an action for medical malpractice. The plaintiff underwent surgery on her right shoulder in 2007, which was performed by the defendant physician at the defendant hospital. Following the surgery, […]
Group Home Workers Found Guilty of Endangering Residents
Two former Direct Service Assistant’s at Melville Estates, a state run group home for the mentally disabled, were convicted of Endangering the Welfare of an Incompetent or Physically Disabled Person. James P. Brown Jr. was found guilty of violently and aggressively punching a 53 year old developmentally disabled resident at a bench trial before Suffolk […]
Second Department Finds Police Report Was Improperly Admitted into Evidence; Orders New Trial
The New York Supreme Court, Appellate Division, Second Department reversed a trial court order for summary judgment in favor of the defendant driver in a pedestrian car accident case. The plaintiff was a pedestrian who was crossing the street when she was injured after being struck by the defendant’s car. The plaintiff argued that the defendants negligently drove […]
Recent Appellate Decision Comes Down In NYC Bar Fight Case
On November 27, 2007 the decedent (deceased) attended a party at Duvet Restaurant and Lounge, a restaurant and night club located on W 21st Street in Manhattan, where he was fatally stabbed. The decedent was stabbed outside the night club by another patron as the result of a fight that started inside the club. The […]
Nursing Aid Arrested for Causing Injury to Resident and Trying to Cover it up
Certified Nurse Assistant, Fiona Jennings, was arrested on charges of endangering the welfare of a nursing home resident at Schuyler Ridge Residential Healthcare. The resident was a 74 year old woman prone to falls due to her recent knee fracture. Jennings failed to properly care for the resident resulting in bruising and swelling to her […]
Judge Sanctions Defendant Restaurant for Disposing of Umbrella That Fell on Patron
The New York Supreme Court, Appellate Division, Fourth Department affirmed a lower court order that punished a defendant restaurant for throwing away a key piece of evidence. The plaintiff was sitting on the outside patio of the defendant Raspberries Café & Creamery in Oneida County. The tables on the outside patio were shaded by large […]
Fourth Department Further Clarifies Assumption of Risk Doctrine in Dart Case
The New York Supreme Court, Appellate Division, Fourth Department affirmed a trial court order that denied the defendants’ motion for summary judgment in a personal injury case involving a dart board at a bar. Mooney’s Sports Bar & Grill is owned by McCann’s, Inc. Daart Amusement is a company that manufactures and services dart boards for bars […]
“Horseplay” Injury Claim Not Foreclosed by Assumption of Risk Doctrine
The New York Supreme Court, Appellate Division, Fourth Department affirmed a trial court’s order denying the defendants’ motion for summary judgment in a personal injury case involving horseplay in a pool at a party. The defendants hosted a party at their house. Around 1:00 a.m., the plaintiff joined some others in the pool. The pool was above-ground […]
Plaintiff’s Medical Malpractice Case Dismissed due to Expert’s Use of Unproven Medical Opinion
The New York Supreme Court, Appellate Division, First Department affirmed a trial judge’s order that granted the defendant’s motion for summary judgment, dismissing a medical malpractice complaint. The plaintiff was prescribed Lipitor and Azithromycin. Lipitor is FDA-approved to treat high cholesterol. Azithromycin is an anti-biotic used to treat bacterial infections. The plaintiff later suffered from […]
Nursing Aide Prosecuted for Brutal Assault against Resident of Nursing Home
The elderly victim of the assault was a resident of the West Lawrence Care Center in Rockaway, New York who suffered from osteoporosis, arthritis, and bone marrow disease. Due to her ailments, the victim was bedridden at the time of the assault. As such, she was unable to take care of herself on her own […]
Plaintiff’s Spinal Injuries Found to Constitute a Significant Limitation under Insurance Law 5102 (d)
The New York Supreme Court, Appellate Division, First Department held that the plaintiff had properly raised a triable issue of fact as to whether she suffered significant and/or permanent limitations to her spine as required under the Insurance Law. The plaintiff was injured in an auto accident due to the defendant driver’s negligence. The plaintiff suffered […]
