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N.Y. Slip & Fall Attorney Report: Second Department Upholds Summary Judgment for Plaintiff in Slip and Fall Case

by Law Offices of Thomas L. Gallivan, PLLC 19 Jun2013

An April order by the Appellate Division, Second Department upheld a Suffolk County Supreme Court’s finding of summary judgment for the plaintiffs in a Long Island personal injury case. In February of 2007, the plaintiff, a Nassau County police officer, was responding to an alarm at the defendant’s summer house. At the time that the […]

Posted in: Miscellaneous, Slip And Falls

Queens (NYC) Nursing Director Arrested for Failing to Report Lost Resident and Falsification of Records

by Law Offices of Thomas L. Gallivan, PLLC 11 Jun2013

According to the NY Daily News, Juliet Clifford, Director of Nursing Services at the Queens nursing home Bishop Charles Waldo Maclean Episcopal Nursing Home, has been arrested.The trouble began for Clifford when a seventy-four year old dementia patient eloped from the facility approximately two weeks ago. Authorities claim that Clifford failed to call 911 when […]

Posted in: Neglect

Fall Results In Fractured Hip: Brooklyn Nursing Home Cited for Actual Harm to Patient

New York Nursing Home Spring Creek Rehabilitation & Nursing Care Center Cited for Neglect

by Law Offices of Thomas L. Gallivan, PLLC 11 Jun2013

After a survey conducted in February, 2013 at Norwegian Christian Home and Health Center, a Brooklyn, NY nursing home, the Department of Health issued a report finding actual harm to a resident. Actual harm is the second most severe rating grade that the DOH issues in its citations, surpassed only by Immediate Jeopardy. The Department […]

Posted in: Falls & Fractures, Nursing Home Lawsuits, Nursing Home Violations

Chappaqua Teen Found to Have Been Texting During Fatal Crash

by Law Offices of Thomas L. Gallivan, PLLC 03 Jun2013

A New Windsor, NY judge has ruled that a teen was texting while driving, leading to a fatal accident that killed his nineteen year old friend, reports USA Today. The driver, also nineteen from Chappaqua, NY, claimed that he had fallen asleep at the wheel. The decedent’s family subpoenaed phone records from the driver during […]

Posted in: Motor Vehicle Accidents, Personal Injury Law, Traffic Accidents

Summary Judgment Affirmed for NYC Transit in Personal Injury Action

by Law Offices of Thomas L. Gallivan, PLLC 03 May2013

On May 1st, the Second Department affirmed a summary judgment ruling in favor of a defendant NYC bus in a personal injury case involving a fall. The plaintiff had sued for personal injury after falling inside the bus when the driver stopped short. The defendant, New York City Transit Authority, was granted summary judgment by […]

Posted in: Miscellaneous, Public Transportation Accidents

Closed Florida Nursing Home Had Been Opened by Convicted Felons

by Law Offices of Thomas L. Gallivan, PLLC 23 Apr2013

The Sarasota Herald-Tribune is reporting that Harmony Healthcare Nursing Home, which had its doors shut in 2011, was opened and operated by two men convicted of Medicaid fraud in New York in 1979. The nursing home was closed amid findings of widespread immediate jeopardy to its residents. An investigation conducted by the newspaper found that […]

Posted in: Nursing Home Violations, Nursing Home Lawsuits, Physical Abuse

Nursing Home Aide Arrested for Secretly Photographing Resident

by Law Offices of Thomas L. Gallivan, PLLC 04 Apr2013

In a press release dated March 8 of this year, New York Attorney General Eric Schneiderman announced the arrest of a Certified Nurse’s Aide from the Woodhaven Center in Port Jefferson, Long Island. The Suffolk County nursing home staffer was accused of taking a picture of the resident’s genitals without the resident’s permission. Having taken […]

Posted in: Nursing Home Violations, Nursing Home Lawsuits, Physical Abuse

Aides at Tarrytown Hall Care Center Arrested: Charged With Endangering the Welfare of a Vulnerable Elderly Person

by Law Offices of Thomas L. Gallivan, PLLC 23 Mar2013

In an October 24, 2012 press release, New York State Attorney General, Eric Schneiderman, announced the arrests of two Certified Nurse Aides (“C.N.A.) at Tarrytown Hall Care Center. The aides, Maureen Flowers and Donna Pagan, allegedly caused the death of an elderly resident by failing to provide an appropriate transfer and covering up the crime. […]

Posted in: Falls & Fractures, Falsifying Records

Brooklyn Nursing Home Fails to Keep Drug Regimen Free from Unnecessary Drugs

by Law Offices of Thomas L. Gallivan, PLLC 27 Feb2013

Bushwick Center for Rehabilitation and Healthcare, a nursing home located in Brooklyn, NY, was cited by the Department of Health in a December, 2012 deficiency report for several violations of the Code of Federal Regulations. Among these failures was the facility’s duty to keep a resident’s drug regimen free from unnecessary drugs. In relevant excerpts […]

Posted in: Nursing Home Violations, Nursing Home Lawsuits

Elderly Alzheimer’s Patient Reportedly Abused at Gold Crest Care Center in Bronx, NY

by Law Offices of Thomas L. Gallivan, PLLC 16 Feb2013

A certified nurse’s aide at Bronx nursing home, Gold Crest Care Center, was recently arrested and charged with endangering the welfare of a physically disabled person and three counts of willfully violating the Public Health Law. She was reportedly caught on video abusing an elderly resident who suffers from Alzheimer’s DIsease. According to the Office […]

Posted in: Physical Abuse

Westchester Meadows Nursing Home Cited for Failure to Prevent Resident Wandering in Valhalla, NY

by Law Offices of Thomas L. Gallivan, PLLC 29 Jan2013

Department of Health Citation for Wandering and Safety Failures Westchester Meadows, a closed nursing home based in Valhalla, NY, drew a deficient rating from the Department of Health in a certification survey dated June of last year. The Department found that the facility failed to keep the resident environment as free of accident hazards as […]

Posted in: Neglect, Nursing Home Abuse

Spring Creek Rehab Receives Citation For Failing to Treat Bedsores

by Law Offices of Thomas L. Gallivan, PLLC 15 Jan2013

Brooklyn nursing home Spring Creek Rehabilitation and Nursing Care Center made news in September of last year when the Department of Health cited it for failure to prevent and/or heal bedsores (sometimes called pressure sores, pressure ulcers or decubitus ulcers). The finding involved one resident, with the DOH noting that the failure created the potential […]

Posted in: Nursing Home Abuse, Nursing Home Violations, Pressure Sores

Nursing Home Administrator Fired Over Alleged Sexual Abuse of 91 Year-Old Resident

by Law Offices of Thomas L. Gallivan, PLLC 10 Jan2013

The administrator of Loudonville Nursing Home in upstate New York has been fired as a result of a sexual abuse charge levied against a maintenance worker at the home. Investigators claim that the worker sexually assaulted a 91 year old woman while in her room. The maintenance worker faces felony sexual abuse charges, and the […]

Posted in: Sexual Abuse

What is Sepsis? Is There a Relationship Between Sepsis and Bedsores?

by Law Offices of Thomas L. Gallivan, PLLC 05 Dec2012

According to Mayo Clinic, sepsis is a serious complication of an infection that can be life-threatening. Sepsis occurs when your body releases chemicals into the bloodstream to fight an infection. These chemicals, in turn, trigger inflammation throughout the body that can lead to organ failure. It is important to determine the source of the infection […]

Posted in: Neglect, Pressure Sores

Resident Chokes to Death at Morris Park Nursing Home in the Bronx

by Law Offices of Thomas L. Gallivan, PLLC 01 Dec2012

A Bronx long-term-care facility, Morris Park Nursing Home, was recently cited and fined $10,000.00 by the New York State Department of Health. The citation and fine are the result of an incident where a 68 year-old resident choked to death during dinner. Under state and federal law, nursing homes must ensure that the resident environment […]

Posted in: Nursing Home Violations, Nursing Home Abuse

Second Department Affirms Plaintiff’s Summary Judgment in Nassau County Car Accident Action

by Law Offices of Thomas L. Gallivan, PLLC 19 Nov2012

On November 14, 2012, the Supreme Court Appellate Division, Second Department, affirmed the Supreme Court’s finding of summary judgment for the plaintiff in an automobile collision action from Nassau County. The facts surrounding the case are simple. The plaintiff’s vehicle was stopped when it was struck from behind by the defendant’s vehicle. Quoting Volpe v. […]

Posted in: Miscellaneous, Motor Vehicle Accidents, Personal Injury Law

New York Nursing Home Abuse Attorney Report: Recent MCFU Enforcement Actions Involving Nursing Home Abuse

by Law Offices of Thomas L. Gallivan, PLLC 11 Nov2012

Below please find a brief summary of various enforcement actions taken against New York nursing home personnel from 12/15/11 to 3/15/12 by the NYS Office of the Medicaid Inspector General. Last December two Registered Nurses at Glen Island Center for Nursing and Rehabilitation in New Rochelle, NY were indicted by the Medicaid Fraud Unit. Marlon […]

Posted in: Falsifying Records, Miscellaneous, Nursing Home Lawsuits, Physical Abuse

Brooklyn Judge Arrested for DWI

by Law Offices of Thomas L. Gallivan, PLLC 26 Oct2012

A Brooklyn Supreme Court justice was arrested last week in upstate New York on suspicion of drunk driving. According to the NY Post, the judge failed a roadside sobriety test and also refused to agree to a blood test. The judge has a court date set for later this month. The Post did not provide […]

Posted in: DWI/Criminal, Personal Injury Law

Mother Sues after 7 Year Old Almost Dies from Medication Mix-Up

by Law Offices of Thomas L. Gallivan, PLLC 26 Sep2012

A mother in the Bronx is suing her local pharmacy after it mistakenly provided her seven year old son with Methadone instead of his prescribed Ritalin. The Post reports that the two drugs have been confused before by pharmacies, because they look alike and have somewhat similar names (Ritalin is also known as methylphenidate). Medication […]

Posted in: Medical Malpractice, Personal Injury Law

Driver Acquitted in Death of Bicyclist

by Law Offices of Thomas L. Gallivan, PLLC 20 Sep2012

Earlier today, a US postal worker was acquitted of leaving the scene of an accident. His truck struck and killed a bicyclist last summer. The postal worker, Ian Clement, claims to have felt something under his tire. He pulled over to wait for someone to approach his vehicle; when no one did he drove off. […]

Posted in: Traffic Accidents, Personal Injury Law

Department of Health Comparative Study: Queens (NYC) Nursing Home Residents with Bedsores (Pressure Ulcers)

by Law Offices of Thomas L. Gallivan, PLLC 15 Aug2012

From time to time the Department of Health issues quality comparisons for nursing homes in specific areas of care. One such area is percent of residents at high risk for pressure sores who have pressure sores. This particular survey was conducted in Queens between January and September of 2010. For the time period in question, […]

Posted in: Nursing Home Abuse, Pressure Sores

Homicide Charges Dismissed in Long Island DWI Case

by Law Offices of Thomas L. Gallivan, PLLC 14 Aug2012

A Suffolk County judge has dismissed all charges that had been pending against a teenager in Long Island following a crash that led to the death of a passenger in his car. The accident occurred in the Hamptons last year, and was at first suspected to be a DWI. The DWI charge was dropped when […]

Posted in: DWI/Criminal, Motor Vehicle Accidents, Personal Injury Law

Limits on Prescription Painkillers?

by Law Offices of Thomas L. Gallivan, PLLC 26 Jul2012

The New York Times is reporting that a group of approximately thirty-five doctors have signed a petition to the Food and Drug Administration, asking that more stringent regulations be placed on the prescription of pain-killers. The doctors’ impetus for the petition is to curb abuse of the drugs. In the petition, the physicians ask that […]

Posted in: Medical Malpractice, Personal Injury Law

Notice of Claim Against New York City in Bronx Zoo Crash

by Law Offices of Thomas L. Gallivan, PLLC 25 Jul2012

In April of this year, a minivan carrying a family jumped a barrier on the Bronx River Parkway and plummeted over the side, into the Bronx Zoo. Seven family members were killed in the crash, leaving behind mourning loved ones. The husband of one of the victims of this crash has filed a notice of […]

Posted in: Motor Vehicle Accidents, Personal Injury Law, Wrongful Death

LPN At Benenson Pavilion Sentenced For Physical Abuse Of Queens Nursing Home Resident

by Law Offices of Thomas L. Gallivan, PLLC 08 Jun2012

Jessie Joiner, a Licensed Practical Nurse (“LPN”) at Dr. William O. Benenson Pavilion, a Queens Nursing Home, was recently sentenced to three years probation and forced to surrender her LPN license. She allegedly knocked an 85-year old female resident out of her wheelchair and onto the floor at the facility. The resident suffered a fractured […]

Posted in: Physical Abuse

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" I was a passenger on a motorcycle and ended up falling off the back of the bike due to the driver acting like an idiot. I fell off at a high rate of speed and was very banged up. Fractured wrist and road rash down my back and elbows. I am lucky I didnt die. Not knowing what to do I contacted Thomas and he could not have been anymore helpful!! He went out of his way to meet with me. He actually came to my house for the initial consultation. I know nothing about law or what my options even were. He took me through everything step by step. "

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