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Earlier on the New York Injury Lawyers Blog, we discussed New York’s Scaffold Act- officially known as Labor Law § 240 – and how the strict liability imposed on contractors and owners by that law imposes liability upon employers when laborers fall during the course of their work. A related issue is to whom, exactly, the […]
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What Constitutes a “Trivial” Defect in N.Y. Personal Injury Cases?
In May, the Appellate Division, Second Department clarifyied an issue of law that should be of interest to property owners. Put simply: when someone injures himself or herself on another’s property, how liable is the property owner? The case of Grundstrom v. Papadopoulos stemmed from an incident that occurred 2008. Plaintiff, Josephine Grundstrom, tripped and […]
8 Tips for Avoiding a Nighttime Auto Accident
Studies show there are increased incidents of auto accidents during than during the day. Nighttime driving can be more than annoying. For some drivers it can also be dangerous. Low-light conditions lead to decreased depth perception, ability to distinguish color, and worsening of peripheral vision. Additionally, people tend to be more tired at night. From bad vision […]
Discussing the Legality of Nursing Home Surveillance
It is difficult to ignore the continuous flow of headlines regarding nursing home abuse. It has become a prevalent issue across the U.S. However, imagine the number of cases that go unreported. Many times incidents of abuse and neglect are brought to light because of video surveillance. We have seen an increase in the number […]
Medical Malpractice: A Brief Overview
In 2013, the state of New York led the nation in medical malpractice payouts, issuing $38.83 per capita compared to Pennsylvania (#2 on the list) who paid out $24.76 per capita in medical malpractice. The top 3 reasons for medical malpractice suits are: missed or incorrect diagnosis, negligent surgery, and inappropriate treatment. Malpractice is a […]
Attorney General Reaches $2.2M Settlement with New Rochelle Nursing Home after Fraudulent Billing
Eric T. Schneiderman, New York State Attorney General, reached a settlement in August with Glen Island Center for Nursing and Rehabilitation, a Westchester County nursing home, after allegations arose that the facility defrauded Medicaid. The fraudulent billing stemmed from services that in some cases were actually performed by the nursing home, but at inflated prices. […]
Rochester Certified Nursing Assistant Arrested for Hitting Elderly Dementia Patient
A Certified Nursing Assistant (CNA) at a Rochester, NY nursing home was arrested last month on charges that he slapped a ninety year old woman in the face. The woman, a resident of the facility at which the CNA works, also suffers from dementia. The CNA, Adrian King, is charged with Endangering the Welfare of […]
Teen Awaiting Manslaughter Trial Arrested Again for Vehicular Assault
Franklin Reyes, a Manhattan teenager awaiting trial for vehicular manslaughter stemming from the 2013 death of a four year old on the Upper West Side, is again in custody after allegedly dragging a police officer 100 feet during a traffic stop. The NY Daily News reports that during the stop, Reyes refused to put his […]
Office Worker Stole Over $45K from Nursing Home Residents
Johnna Scanlon-Howland, a former office worker at the Sunrise Nursing Home, a facility located in Oswego, New York, was convicted in July 2013 of stealing $45,363 from the resident trust account at the nursing home. Investigators from the state’s Medicaid Fraud Control Unit (MFCU) stated that Scanlon-Howland falsified business records to make unauthorized withdrawals from […]
Study: NY Nursing Homes Failed to Meet Federal Goal to Reduce Use of Antipsychotics
The Long Term Care Community Coalition (LTCCC), an advocacy group that promotes the improvement of nursing home care, released a report in April 2014 about the use of antipsychotic medications in New York nursing facilities. The study, titled “Antipsychotic Drug Use in NY State Nursing Homes: An Assessment of New York’s Progress in the National […]
NY Woman Injured after Hair Becomes Trapped in Escalator Stairs
A 32-year-old woman suffered serious injuries after her hair become trapped between escalator stairs on July 3, 2013. The woman, who suffers from epilepsy, suddenly lost consciousness while riding an escalator at a subway station at 125th Street and Broadway in Harlem, New York. After her head hit the steps, the escalator kept moving, trapping the […]
Long Island Woman Charged Under Leandra’s Law after Allegedly Driving Drunk with Five Children in the Car
Elba Ayala, a 43-year-old Shirley resident, was arrested over the Fourth of July weekend for allegedly driving drunk with five children in her car. The children ranged in age from seven months to eight-years-old. Another adult was also a passenger in the vehicle. Ayala was charged with one count of driving while intoxicated. Under Leandra’s Law, she […]
Unsupervised Patient Dies While Eating at New York Nursing Home. Glengariff Health Care Fined over $22k.
The New York State Department of Health (DOH) fined Glengariff Health Care Center, a 262-bed facility located in Glen Cove, New York, $22,879 for numerous deficiencies that contributed to the death of a 65-year-old resident. The affected resident had suffered from a stroke and was also diagnosed with multiple sclerosis and dysphagia, a medical condition […]
Albany Nursing Home Fined $25K for Failing to Treat Patient’s Wound that Developed into Gangrene
The New York State Department of Health (DOH) fined the Teresian House Nursing Home, a 302-bed facility located in Albany, New York, $25,350 in November 2013 for failing to treat a patient’s open wound that developed into gangrene. The affected resident was originally diagnosed with a thyroid disorder, high blood pressure, osteoporosis and peripheral vascular […]
N.Y. Nursing Home Failed to Provide Adequate Treatment for Suicidal Patient
Investigators from the New York State Department of Health (DOH) recently cited the Indian River Rehabilitation and Nursing Center, a 122-bed facility located in Grandville, New York, for failing to provide adequate treatment to a suicidal patient who died 18 days after being admitted into the center. The DOH report concluded that “the facility did […]
Parents of NY Teenager Killed in Car Crash Seek Tougher Distracted Driving Laws
The parents of Even Lieberman, a 19-year-old college student killed in a 2011 car accident, are calling upon lawmakers to toughen distracted driving laws in New York. In response to their son’s death, which was caused in part by distracted driving, parents Ben and Debbie Lieberman formed the organization DORCs–Distracted Operators Risk Casualties. The organization seeks […]
Repairman Charged with Felony Assault after Woman Seriously Injured in Brooklyn Elevator Accident
A Brooklyn grand jury indicted Jason Jordan, an elevator maintenance man, on felony assault and reckless endangerment charges in December 2011 for allegedly causing an elevator accident that severely injured a woman’s arm and leg. In addition to causing the accident, prosecutors accused Jordan of fleeing the accident scene “without saying a word or offering help” to the victim. […]
Elderly Driver in Diabetic Shock Crashes into White Plains Gas Station
A 69-year-old driver who was in diabetic shock crashed his vehicle into a gas station off of the Hutchinson River Parkway in White Plains in June 2014. The elderly man, who was incoherent at the time of the accident, was pulled from his burning car by an off-duty state trooper before it was engulfed in flames. The […]
Five Men Wrongfully Convicted in Central Park Jogger Attack to Receive $41 Million Legal Settlement
New York City Controller Scott Stringer approved a $41 million legal settlement in June 2014 for five men who were wrongfully convicted and imprisoned for beating and raping a woman jogging in Central Park in 1989. Stringer stated that “this settlement is a prudent and equitable solution for all parties to the lawsuit and closes a very […]
Settlement of Class Action Lawsuit Forces NYC to Repair Elevators Used by Disabled Tenants
A class action lawsuit settled in September 2012 forced the New York City Housing Authority (NYCHA), a governmental agency that provides housing to low-income tenants, to repair malfunctioning and broken elevators used by disabled residents. The NYCHA operates more than 2,600 buildings throughout the city and is responsible for maintain 3,300 elevators. The class action lawsuit, which was […]
Nursing Home Failed to Respect Residents’ Dignity by Not Providing Incontinence Care
The New York State Department of Health (DOH) cited the East Neck Nursing & Rehabilitation Center, a 300-bed facility located in West Babylon, New York, for failing to respect patients’ dignity by not providing timely and adequate incontinence care. According to a DOH report issued in April 2013, the nursing home failed to “promote care […]
Long Island Contractor Fined Over $460K for Repeated Fall and Scaffolding Violations
The Occupational Safety & Health Administration (OSHA), the governmental agency responsible for workplace safety, fined Painting & Decorating Inc., a Ronkonkoma based painting and stucco contractor, $460,350 for chronic and repeated fall and scaffolding violations in December 2013. The Long Island company received 10 citations and fines totaling $429,600. Over the past several years, the company […]
Toddler Suffers Injured Hand in NYC Escalator Accident
A 21-month-old boy was injured during an escalator accident in February 2013 at a Barnes & Noble bookstore on the Upper West Side. The toddler was going down the escalator with his nanny when his hand became trapped between two steps after he tripped and fell. A store employee stated that the escalator shut off automatically, and […]
Suffolk County Agrees to $200K Legal Settlement for Video Journalist Who Was Wrongfully Arrested
Members of the Suffolk County Legislature approved a $200,000 legal settlement in June 2014 after a video journalist filed a lawsuit that claimed he was wrongfully arrested for recording police activity in a public area. The settlement also states that all members of the Suffolk County Police Department (SCPD) must be trained and tested about the public’s First Amendment […]
NY Cardiologist Charged with DWI after Car Crash Kills Mother of Three
Thomas Stavola, a 54-year-old cardiologist, was arrested and charged with a DWI in June 2014 after he crashed into a vehicle driven by Monica Peterman, a 45-year-old mother of three. Peterman was taken by ambulance to St. Catherine of Siena Medical Center, where she was pronounced dead. Stavola was taken to Stony Brook University Hospital where he was […]
