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 […]
Wrongful Death
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.” […]
New York State Not Liable for Death Caused by Rip Tide at Public Beach
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 […]
Nursing Home Resident Dies as Result of a Fall on Christmas Morning
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 […]
Nursing Home Staff Arrested and Fired in Connection with Resident Death
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 […]
Nursing Home Residents Right to Sue Restored
The Centers for Medicare and Medicaid Services (CMS), an agency of the Health and Human Services Department, has issued a rule that will prevent nursing homes receiving federal funding from requiring resident’s to sign admission agreements with arbitration clauses. An arbitration clause is a clause in a contract requiring parties to resolve issues through the arbitration […]
NY Hospitals Receive Failing Grades from Federal Government; Coney Island Gets One Star Rating
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 […]
Dementia Patient Chokes on Grilled Cheese Sandwich in NY Nursing Home
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 […]
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 […]
Medical Malpractice Alert: Medical Errors Found to be the Third Leading Cause of Death in the US
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 […]
Nursing Home Resident Dropped From Lift Breaks Both Legs and Dies Two Days Later
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 […]
Monroe County New York Nursing Homes as Repeat Offenders
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 […]
OSHA Implements New Injury Reporting Regulations
In a report released January 2015, the Occupational Safety and Health Administration (OSHA) found that there were 10,388 severe workplace injuries in 2015; 7,636 of those injuries resulted in hospitalization and 2,644 resulted in amputations. The manufacturing industry has the highest reported accidents, accounting for 57% of all amputations and 26% of all hospitalizations, followed by the […]
Brooklyn, NY Nursing Home Cited For DNR Problems
Hopkins Center for Rehabilitation & Healthcare in Brooklyn was recently fined $10,000.00 by the New York State Department of Health for a citation issued during a 2012 inspection. The incident involved an 87 year-old female resident whose advanced directives were not completed and therefore not followed. The resident’s grand-daughter had executed a Do Not Resuscitate […]
N.Y. Nursing Home Workers Convicted Of Crimes After Resident Death And Attempted Cover-Up
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. […]
Second Department Decides Case Involving Complications After Lap Band Surgery
The New York Supreme Court, Appellate Division, Second Department affirmed in part and reversed in part a trial court order for summary judgment in a medical malpractice case. The plaintiff underwent lap band surgery in 2002, which led to complications with her pregnancy. In June 2004, after visiting her doctor’s office with complaints of nausea, vomiting, […]
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 […]
Drunk Driving at All-Time Low, Driving while on Drugs at All-Time High
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 […]
Department of Transportation Study Reveals New York City Pedestrian Fatalities Have Dropped in the Past Decade
In 2009, less than 300 pedestrians were killed in car crashes in New York City. Though this figure seems alarming, this marks a 25% decrease in the past decade. In fact, 2009 was the safest year for pedestrians in New York City. Thanks to New York City DOT initiatives designed at increasing pedestrian safety, New York […]
Car Accident Attorney Report: Lynyrd Skynyrd Drummer Dies in Late Night Car Accident
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 […]
Shopper Killed in Great Neck, New York after Car Crashes into AT&T Store
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 […]
The Latest on the Joan Rivers Personal Injury Lawsuit
As the reader is no doubt aware, on September 4th of this past year legendary comedienne and red carpet host Joan Rivers tragically died during a medical procedure. She was 81 years old and reportedly in excellent health, making the death a shock and surprise to both her fans and her loved ones. Since then, the […]
New York State Found Not Liable For Actions of Off Duty Corrections Officer Who Shot Man In Altercation
In its recent decision in Wood v State of New York, the Appellate Division, Second Department upheld the Court of Claims decision to grant summary judgment dismissing a claim of wrongful death against the State of New York, as the employer of an off duty New York State Corrections Officer. New York State was sued in 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 […]