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In 2012, a Long Island man, Daniel Sajewski, rammed his father’s red Mercedes-Benz through a Huntington house, narrowly missing the two elderly sisters that lived in the residence. Sajewski was, perhaps predictably, intoxicated – blowing an off-the-chart 0.30 on a breathalyzer, far exceeding New York’s 0.08 limit. In addition to losing their belongings (including a […]
Personal Injury Law
Despite Four Dead Patients and Ten Malpractice Suits, Hospital Stands by Money-Making Surgeon
Despite a litany of problems surrounding Dr. Ira Kirschenbaum’s tenure as Head of Orthopedic Surgery at Bronx-Lebanon Hospital, the Hospital has refused to sanction the surgeon. In fact, Kirschenbaum had already settled three malpractice suits before he was even recruited by the Bronx-Lebanon to lead their Orthopedic Surgery department – two more were still pending at the time […]
Lavern’s Law Passes in Albany; Will Help Victims of Misdiagnosed Cancer
The New York State Assembly passed a bill meant to help victims of misdiagnosed cancer by changing the time period which a lawsuit can be filed. If the bill were signed into law, and Gov. A ndrew Cuomo said he intends to sign ‘Lavern’s Law,’ a cancer patient who was misdiagnosed would have two-and-a-half years from the […]
Dentist and Nurse Convicted of Operating Without License
According to the Attorney General Schneiderman, both a (former) dentist and nurse have been convicted of operating without a license. The dentist, Alexander Hollander, 70, was convicted by a Kings County Supreme Court jury of “Unauthorized Practice of a Profession” in violation of the New York State Education Law – a Class E Felony. Alexander […]
Can Firefighters Sue a Homeowner if They are Injured Fighting a Fire?
On May 31, five firefighters were injured after a home in White Plains, New York caught on fire. The two-story home, on Milford Drive, caught on fire at 3:47 A.M – the same time that their fire alarm system alerted emergency services. While the family fled the home safely, about 20 firefighters responded to the incident, which […]
Summary of Sit-down with Police Officer with Most DWI Arrests in New York
Police Officer Jason Behar has the impressive distinction of issuing the most DWI (Driving While Intoxicated) in the State of New York. The Port Chester Officer had issued 128 DUI arrests in the last year. Behar says that he is motivated to locate drunk or otherwise intoxicated drivers because of the “numerous accidents, some involving deaths.” […]
Fired Doctor Wins Lawsuit for Whistle-Blowing on Hospital’s Practice of “Double-Booking” Surgeons
Dr. James Holsapple, a prominent neurosurgeon was illegally forced out of his previous job at a New York Hospital, according to a judge. Holsapple blew the whistle on the practice of “double-booking” surgeons – where a senior, more competent surgeon would essentially oversee two junior surgeons. These junior surgeons perform the “bulk” of the surgery, […]
Comptroller’s Office Audits Westchester Medical Center
An audit of Westchester Medical Center (WMC) found company executives were paid millions of dollars in bonuses between 20013 and 2015. State Comptroller, Thomas DiNapoli’s office found that $4.6 million dollars were to paid to 18 employees without sufficient record keeping as to why the payments were made. The hospital was audited because it is a […]
Brooklyn Man Loses Right Leg Due to Medical Malpractice
Delfino Cuautle, a 46 year old resident of Brooklyn, NY lost his right leg due to medical malpractice and flaws in management that resulted in a 13 hours of agony. Cuautle was leaving work on September 22, 2015 around 6 A.M. when he was struck by a car; EMS arrived within three minutes of receiving the call […]
Speed and Age Found to be Important Considerations in Fatal Pedestrian Accidents
In 2011, a researcher from the Triple AAA Foundation for Traffic Safety published a report on the death rate in pedestrian-car accidents based on federal study of car crashes from 1994-1998; the study found the faster a car was going or the older the pedestrian, the deadlier the outcome of the accident. Lena Groeger, the author of the […]
Former Coney Island Hospital Physician Alarmed by Substandard Care at the Facility
A pediatrician recently recounted his experience at Coney Island Hospital as a resident to the New York Post. The MD reportedly witnessed terrible patient care, especially for children. The physician wished to remain anonymous as he discussed the negligence, substandard care and poor supervision he observed at the hospital during his three years of residency. The physician […]
New Bill Proposes Minimum Staff Requirements in NY Hospitals
On May 6, 2016 six rallies were held throughout the state of New York by the Nurses Association to gain support for a bill that will create a standard for nurse to patient ratios. The bill, called Safe Staffing for Quality Care, calls for higher levels of staff at hospitals in an effort to provide better care […]
Woman Secretly Records Her Surgery — Shocked at What She Hears
Ethel Easter of Harris County, Texas was wary of the doctor who would be performing a hernia surgery after some harsh comments he made to her. Easter was told by her doctor she would have to wait two months before her surgery could be performed. She pleaded that she could not wait that long as she […]
New York Lack of Informed Consent Claim Survives on Appeal
Plaintiff, 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 […]
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 […]
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 […]
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. […]
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, […]
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 […]
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 […]
