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Home  /  Archives for Wrongful Death

Wrongful Death

Medical Errors are More Common and More Lethal

by Law Offices of Thomas L. Gallivan, PLLC 22 Nov2017

Medical errors are gaining more attention as a whopping one-fifth of Americans admit to having personally experienced one. At the same time, Johns Hopkins University has released a new study that reports medical errors may be the third highest cause of death in America. With America’s healthcare industry continuing to reshape itself, healthcare advocates worry that unintentional […]

Posted in: Personal Injury Law, Failure to Diagnose, Medical Errors, Medical Malpractice, Surgical Complications, Wrongful Death

HHS Inspector General: One in Four Cases of Elder Abuse Not Reported in Nursing Homes

by Law Offices of Thomas L. Gallivan, PLLC 30 Sep2017

The Inspector General for the Department of Health and Human Services (HHS) released a report stating that at least one in four instances of elder abuse or neglect are not reported. While horrific in scope, the results are not entirely surprising – other, smaller samples have found that 15 to 20 percent of elder abuse […]

Posted in: Infection, Medical Malpractice, Neglect, Nursing Home Abuse, Nursing Home Lawsuits, Physical Abuse, Pressure Sores, Sexual Abuse, Wrongful Death

Despite Four Dead Patients and Ten Malpractice Suits, Hospital Stands by Money-Making Surgeon

by Law Offices of Thomas L. Gallivan, PLLC 29 Aug2017

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 […]

Posted in: Personal Injury Law, Medical Malpractice, Nursing Home Lawsuits, Wrongful Death

Lacking Effective Oversight, Nursing Homes Fail Many Patients

by Law Offices of Thomas L. Gallivan, PLLC 20 Aug2017

With toothless regulations and ineffective oversight, many nursing homes are still failing the neediest patients. With its budget for overseeing nursing homes slashed in half, the Center for Medicare and Medicaid Services (CMS) has failed to identify failing nursing homes and keep them accountable. As a consequence, some nursing homes are choosing to accept the […]

Posted in: Falls & Fractures, Falsifying Records, Fraud, Medical Malpractice, Neglect, Nursing Home Abuse, Nursing Home Lawsuits, Nursing Home Violations, Physical Abuse, Pressure Sores, Sexual Abuse, Wrongful Death

Court Allows Family to Seek Punitive Damages from Rehabilitation Center Where Resident Went Missing

by Law Offices of Thomas L. Gallivan, PLLC 15 Jul2017

On the morning of September 12, 2009, a man (identified only as “Plaintiff”) went missing from Arms Acres, a rehabilitation center for alcoholics. The Plaintiff, in addition to being an alcoholic, also suffered from schizophrenia and bipolar disorder, according to the Court’s decision. Shortly before going missing the Plaintiff became “extremely disoriented, began having hallucinations” […]

Posted in: Neglect, Nursing Home Abuse, Nursing Home Lawsuits, Nursing Home Violations, Wrongful Death

After Death from Pressure Ulcers, Bronx Family Sues Nursing Home

New York Nursing Home Apex Rehabilitation & Care Center in New York Cited for Abuse

by Law Offices of Thomas L. Gallivan, PLLC 14 Jul2017

On June 17, 2013, a patient at Barnabas Nursing Home passed away from complications arising from her pressure ulcers. Her family has sued the nursing home and hospital and believes that their family member received negligent treatment and that the hospital and nursing home should be held responsible for her death.

Posted in: Medical Malpractice, Nursing Home Abuse, Nursing Home Lawsuits, Nursing Home Violations, Pressure Sores, Wrongful Death

Family Seeks to Hold Nursing Home Liable After Resident Dies of Septic Shock

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

by Law Offices of Thomas L. Gallivan, PLLC 04 Jul2017

On February 27, 2008, a nursing home resident (whose name is not listed) at Sunrise Manor Center for Nursing and Rehabilitation passed away. The nursing home resident had only been at the center since February 19 – a mere 8 days. The cause of death was listed as septic shock – a condition where an […]

Posted in: Medical Malpractice, Neglect, Nursing Home Abuse, Nursing Home Violations, Wrongful Death

Summary of Sit-down with Police Officer with Most DWI Arrests in New York

by Law Offices of Thomas L. Gallivan, PLLC 01 Jun2017

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.” […]

Posted in: Personal Injury Law, Bodily Injury, DWI/Criminal, Wrongful Death

New York State Not Liable for Death Caused by Rip Tide at Public Beach

by Law Offices of Thomas L. Gallivan, PLLC 17 Mar2017

On August 3, 2009, Narie Balkaran drowned at Jones Beach State Park on Long Island after being caught in a rip tide that pulled him into the ocean. Because Jones Beach State Park is a public park, Balkaran’s family sued the State of New York – stating that the State of New York should be held responsible […]

Posted in: Personal Injury Law, Negligent Supervision, Wrongful Death

Nursing Home Resident Dies as Result of a Fall on Christmas Morning

by Law Offices of Thomas L. Gallivan, PLLC 06 Mar2017

On Christmas morning, a certified nursing assistant (CNA) at Woodbriar Health Care in Wilmington, Massachusetts improperly placed a resident in a mechanical lift when transferring her from bed to wheelchair, causing the resident to slip out of the lift and fall, breaking both her legs. The CNA attempted the transfer alone in violation of an […]

Posted in: Falls & Fractures, Nursing Home Abuse, Nursing Home Lawsuits, Nursing Home Violations, Wrongful Death

Nursing Home Staff Arrested and Fired in Connection with Resident Death

New York Nursing Home St. Johnland Nursing Center Cited for Abuse and Neglect

by Law Offices of Thomas L. Gallivan, PLLC 13 Jan2017

Three nursing home employees in Nassau County have been arrested in connection with the death of nursing home resident at A. Holly Patterson Extended Care Facility.  Registered nurses, Sijimole Reji and Annieamma Augustine and certified nurse aide, Martine Morland were charged with neglect and endangerment of a resident. The patient relied on a mechanical ventilator […]

Posted in: Neglect, Nursing Home Abuse, Nursing Home Lawsuits, Nursing Home Violations, Wrongful Death

NY Hospitals Receive Failing Grades from Federal Government; Coney Island Gets One Star Rating

by Law Offices of Thomas L. Gallivan, PLLC 30 Aug2016

Coney Island Hospital (CIH) received a one-star rating on The Centers for Medicare & Medicaid’s (CMS) new rating system, after city officials boldly defended the facilities quality of care. The CMS released their first report card in July 2016 on the 3,600 hospitals in the country, after a three month delay due to criticism. The […]

Posted in: Personal Injury Law, Medical Malpractice, Wrongful Death

Dementia Patient Chokes on Grilled Cheese Sandwich in NY Nursing Home

by Law Offices of Thomas L. Gallivan, PLLC 16 Aug2016

An Upstate New York Nursing Facility is being sued by the son of a 63 year-old patient, who died after choking on a grilled cheese sandwich. Maureen A. Bali, a resident at Huntington Living Center from May through December 2015, suffered from dementia. As part of Bali’s resident plan of care, she was fitted for […]

Posted in: Nursing Home Abuse, Neglect, Nursing Home Lawsuits, Nursing Home Violations, Wrongful Death

Speed and Age Found to be Important Considerations in Fatal Pedestrian Accidents

by Law Offices of Thomas L. Gallivan, PLLC 14 Jun2016

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 […]

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

Former Coney Island Hospital Physician Alarmed by Substandard Care at the Facility

by Law Offices of Thomas L. Gallivan, PLLC 02 Jun2016

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 […]

Posted in: Personal Injury Law, Medical Malpractice, Nursing Home Lawsuits, Wrongful Death

Medical Malpractice Alert: Medical Errors Found to be the Third Leading Cause of Death in the US

by Law Offices of Thomas L. Gallivan, PLLC 13 May2016

Recent research has found that medical errors are now the third leading cause of death in the United States. An analysis published by the BMJ last week showed that medical errors in hospitals and other health care facilities are very common, resulting in 251,000 deaths per year; more deaths than respiratory disease, accidents, stroke and Alzheimer’s. The […]

Posted in: Personal Injury Law, Medical Malpractice, Wrongful Death

Nursing Home Resident Dropped From Lift Breaks Both Legs and Dies Two Days Later

by Law Offices of Thomas L. Gallivan, PLLC 28 Apr2016

Woodbriar Health Center of Wilmington, Massachusetts faces up to $100,000 in fines following the death of a resident that resulted from a fall on Christmas day of 2015. The nursing home has been accused several times of poor care by the state and families of residents. An 83 year old resident, Mary Meuse, was dropped […]

Posted in: Falls & Fractures, Nursing Home Abuse, Nursing Home Lawsuits, Nursing Home Violations, Wrongful Death

Monroe County New York Nursing Homes as Repeat Offenders

by Law Offices of Thomas L. Gallivan, PLLC 14 Apr2016

Monroe County nursing homes have been cited for numerous deficiencies that often place residents at risk, yet they are still open for business; a Rochester nursing home remained open for two years after receiving chronic violations from the government. Democrat and Chronicle, a newspaper in Rochester, NY found that more than 1/3 of violations received […]

Posted in: Neglect, Nursing Home Abuse, Nursing Home Lawsuits, Nursing Home Violations, Physical Abuse, Pressure Sores, Sexual Abuse, Wrongful Death

N.Y. Nursing Home Workers Convicted Of Crimes After Resident Death And Attempted Cover-Up

by Law Offices of Thomas L. Gallivan, PLLC 11 Dec2015

An investigation conducted by Attorney General Schneiderman’s office resulted in the arrest of nine nurses in connection with the death and attempted cover up of the death of Aurelia Rios, a 72 year old nursing home resident at Medford Multicare Center for Living in 2012. A dual-jury trial took place in July 2015 in Suffolk County Court. […]

Posted in: Falsifying Records, Nursing Home Abuse, Nursing Home Lawsuits, Nursing Home Violations, Wrongful Death

Recent Appellate Decision Comes Down In NYC Bar Fight Case

by Law Offices of Thomas L. Gallivan, PLLC 26 Oct2015

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 […]

Posted in: Personal Injury Law, Bodily Injury, Miscellaneous, Wrongful Death

Drunk Driving at All-Time Low, Driving while on Drugs at All-Time High

by Law Offices of Thomas L. Gallivan, PLLC 27 Jul2015

The National Highway Traffic Safety Administration has worked tirelessly to increase awareness of the dangers of drunk driving in an effort to stamp out driving while intoxicated. While surveys show that drunk driving has declined and is at an all-time low, driving while under the influence of marijuana or prescription drugs has increased dramatically. The […]

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

Car Accident Attorney Report: Lynyrd Skynyrd Drummer Dies in Late Night Car Accident

by Law Offices of Thomas L. Gallivan, PLLC 24 May2015

Just before midnight on April 3, 2015, Lynyrd Skynyrd drummer and founding member Robert Burns Jr. died in a single-vehicle car crash. Burns was driving through Cartersville, Georgia on a winding road. As he approached a curve, he lost control of his car, swerved, hit a mailbox, and crashed into a tree. Though he was still […]

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

Shopper Killed in Great Neck, New York after Car Crashes into AT&T Store

by Law Offices of Thomas L. Gallivan, PLLC 03 May2015

On the morning of Monday, March 30, 2015, an elderly driver of a 2006 Toyota Rav4 drove into a shopping center parking lot in Great Neck, New York on Northern Boulevard by Nassau Road. For some reason, the driver was unable to bring her car to a stop in a parking spot in front of […]

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

Long Island Woman Charged Under Leandra’s Law after Allegedly Driving Drunk with Five Children in the Car

by Law Offices of Thomas L. Gallivan, PLLC 16 Jul2014

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 […]

Posted in: Personal Injury Law, DWI/Criminal, Wrongful Death

NY Jury Finds Young Driver Guilty of Vehicular Manslaughter in Car Crash that Killed Four Teenagers

by Law Offices of Thomas L. Gallivan, PLLC 23 Jun2014

A Nassau County jury convicted Joseph Beer, 19, of four counts of vehicular manslaughter in June 2014 for a 2012 car crash that left four of Beer’s friends dead. Beer, who admitted to smoking marijuana before speeding over 100 mph on the Southern State Parkway, was also found guilty of reckless driving and reckless endangerment, […]

Posted in: Personal Injury Law, DWI/Criminal, Wrongful Death

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