Author Archives: Morrison Wagner

Should doctors and nurses be protected from COVID-19 medical malpractice lawsuits?

New York – The State of New York instituted a law that attempts to provide immunity to healthcare workers who provide negligent medical care. The ruling was set in place as an emergency effort in order to bring in additional doctors, physician assistants and nurses during the initial response to the coronavirus pandemic. However, critics explain that this initial concept has continued and is a dangerous precedent to set. They note that only ‘gross negligence’ could be claimed in a medical malpractice lawsuit case. This gives healthcare workers free reign to mostly act as they please despite the potential damage and injury that they may cause. It should be noted that everyone appreciates the efforts being undertaken by the healthcare workers during these trying times. However, that should not mean that patient’s rights should be trampled on or that high quality medical care shouldn’t be provided consistently. Accountability within hospitals and doctor’s offices is an essential component of maintaining proper care and preventing medical errors or mistakes. Patient safety advocates claim that the intent of the law is not as important as the protection of patient rights and provision of medical care that is up to the accepted standard of care. Poor or substandard quality of care must be prevented, monitored and dealt with expediently in order to maintain proper healthcare, according to those challenging the law. In fact, a top New York medical malpractice lawyer notes that the validity of the law is actually in question and may need to be challenged. You can read more about this medical malpractice law here.

Photo for illustrative purposes only. Photo Credit: Sara Star NS [License]

Police officer injured on the job during truck crash investigation

New York – A state police trooper suffered a serious work injury during a motor vehicle accident investigation. The injured policewoman was sitting in the driver’s seat of her police car when her car was rear-ended by an SUV truck. According to reports, the officer was on the scene of a prior truck accident, parked on the side of a highway and situated just behind the truck. The Chevy SUV driver apparently violated the New York “move over law” that instructs drivers to move over a full lane when emergency vehicles are operating on the shoulder or lane of a highway. This violation may constitute negligence or even reckless driving and can be grounds for a moving violation ticket as well as a personal injury lawsuit. Meanwhile, the injured worker cop was taken to the hospital for various injuries. These work injuries may very well leave this New York State trooper with significant permanent disability issues. On-the-job injuries are a common problem for all types of workers but these types of accidents are extremely serious when it comes to police officers involved in work injuries. Worker’s compensation, or worker’s comp, is supposed to cover work related accident injuries. However, some workers find it necessary to get the assistance of a specialized work injury lawyer in order to get the care and funds that they deserve. You can see this article for more about this officer’s job related car accident with injury.

Photo for illustrative purposes only. Photo Credit: Watershed Post [License]

Woman suffers traumatic brain injury from falling object

New York – This twenty-three year old woman was walking on a Manhattan sidewalk when she was hit in the head by a falling object. The injured woman was caught by surprise as she walked with a friend during a rain storm. Suddenly, a heavy chair flew off of a high balcony of a nearby residential building in a heavy wind. The falling debris came crashing down on the woman causing a severe head injury with serious intracranial hemorrhage or bleeding. She was rendered unconscious and bystanders called for an ambulance. Paramedics stabilized the injury victim and she was rushed to a hospital’s trauma center to undergo emergency surgery. Doctors were able to save her life and treated her severe neurological injuries along with various other wounds. The woman was hospitalized at Bellevue Hospital and continues to struggle to recover from her disabling injuries. They fear that she may have a permanent disability as a result of physical injuries. However, the neuropsychiatric and neurological injury can also leave her with permanent cognitive problems, a post-traumatic stress disorder as well as an adjustment disorder.

The woman has decided to file a personal injury lawsuit claiming negligence on behalf of the owners and residents of the apartment. The claim of negligence is based on the fact that furniture, loose objects and debris should be removed or secured to a balcony or rooftop before a wind storm can blow it over. It is the responsibility of home owners and building managers to maintain basic safety standards to prevent injury or wrongful death. You can see more about this horrifying accident with injuries here.

Illustrative Photo Credit: MilitaryHealth [License]

FDNY fire truck versus ambulance accident with injuries and one death

New York – A fire truck accident occurred when two FDNY emergency vehicles collided in a deadly motor vehicle accident. The fire truck was responding in emergency mode with flashing lights and sirens activated when it slammed into the ambulance in the middle of an intersection. The ambulance was also driving through the intersection while it was transporting a sick patient to the emergency room. That patient had been suffering from a cardiac emergency but also ended up sustaining fatal accident injuries during the truck crash. The ambulance was apparently sent into a tail spin and then struck a civilian car during the series of collisions.

Police and additional emergency medical responders to the scene evacuated multiple injured accident victims. However, they were unable to save the patient in the ambulance collision and he was pronounced dead soon after. This accident has raised concern regarding the dangerous condition created when multiple emergency vehicles respond to various emergencies in the densely populated New York City. Experts say that increased safety measures are needed and must be stressed on drivers of these police cars, fire trucks and ambulances in order to prevent unnecessary injury and wrongful death. Find out further details about this FDNY accident here.

Photo for illustrative purposes only. Photo by Borofkin (Own work) [Public domain], via Wikimedia Commons

Uber accident leads to pedestrian injuries

New York – An Uber driver was struck by another car in a car crash in Manhattan this week. One of the vehicles then crashed into an outdoor seating area of a local restaurant, striking multiple pedestrians and diners. It is unclear what caused the initial car accident but authorities were investigating to determine if there was negligence or reckless driving involved. The injured accident victims were taken to the emergency department for treatment of their wounds. This pedestrian accident involving patrons of restaurants that maintain outdoor seating during corona is certainly not a first. Safety advocates have expressed concern for the public safety of customers, workers and pedestrians due to the dangerous situation. They note that besides for criminal charges a dangerous driver that causes such an accident with injuries can be liable for a personal injury lawsuit. Read more about the injured pedestrians here.

Photo for illustrative purposes only. Photo Credit: Salim Virji [License]

Brooklyn bus accident injures passengers and driver

New York – Passengers involved in a bus crash several days ago were taken to the emergency room for evaluation of their injuries. Officials say that a passenger commuter bus operated by the City of New York’s Metropolitan Transportation Authority (MTA) was involved in a serious collision. The MTA bus accident occurred when an apparently speeding car struck the bus. This car accident and left many victims injured according to emergency responders. The accident injuries from the car accident are not fully known at this point. It is suspected that some of the approximately 14 accident victims suffered neck and back pain, possible fractures and even suspected head injury. Police have reported that the cause of the motor vehicle accident (MVA) was an SUV truck that was speeding and fleeing from police. They note that reckless driving was involved and the vehicle ran through a stop sign just before slamming into the commuter bus. Check out this article for more in the investigation about this bus versus SUV accident.

Photo for illustrative purposes only. Credit: Chris Sampson [License]

Rash of rental electric scooter accidents in New York City

New York – Electric moped scooters are a new rage in the rental and sharing market in the city. However, they have been involved in an increasing number of Revel electric scooter crashes according to news reports. Officials say that reckless drivers and other possible safety concerns have been implicated in these recent motor vehicle accidents. Concern has risen for the lack of safety equipment and warnings as well as training in the safe operation of these potentially dangerous electric vehicles. Pedestrians and motorists alike have expressed outrage regarding the dangerous condition that these vehicles have created. Pedestrian accidents with these moped scooters can cause serious injuries and even wrongful death. One woman was killed in an accident after she was thrown from one of these scooters. The accident injuries from these crashes can include bone fractures, head injury and spinal injuries as well as internal bleeding. Experts warn that the market must be well regulated and safety must be the foremost concern – safety of the riders, pedestrians, bicyclists and even cars and trucks on the roads. Special care and tracking must ensure that these high speed mopeds are not driven on sidewalks, in parks or other areas frequented by pedestrians and children. In addition, concern regarding proper safety equipment and preventative maintenance of these vehicles are essential. Negligent maintenance can easily lead to catastrophic results including injury, permanent disability and death. The seriousness of the current hazardous situation has led to the Revel company suspending the use of their vehicle sharing network in New York City. Check out this article for more about these moped accidents and the program suspension.

Photo for illustrative purposes only. Photo Credit: Arun D [License]

New York City construction accident injures and kills workers

New York – Several workers were injured on the job when a construction scaffolding accident sent debris slamming down onto the men. One of the injured workers suffered fatal injuries and died from his wounds at the hospital after doctors attempted to resuscitate him. The other work injury victims were also treated for their accident injuries according to authorities. The construction collapse seems to have occurred when a section of a wall or fencing fell from the rooftop of a building that was undergoing repairs. The facade had sections of scaffolding rigged to it when the falling debris hit the scaffold equipment and caused an equipment failure. Specifics of the mechanism of injury are still unclear. However, it is believed that either the men fell from the scaffold or that the falling metal, brick and concrete sections collapsed and crushed the workers. Further investigations into the cause and nature of this workplace accident with injuries will be necessary to prevent further wrongful death cases. At least two of the injured workmen have been noted to be in serious condition, with possible head injury, broken bones and possible internal organ damage and bleeding. Internal bleeding can sometimes be difficult to diagnose initially. Read up more about this work accident here.

Photo for illustrative purposes only. Photo Credit: Phillip Pessar [License]

Apparent reckless driver kills unborn baby, injures mother in car crash

New York – Staten Island’s Hylan Boulevard was the scene of a horrific two-car motor vehicle accident (MVA). One of the cars, an SUV, was apparently speeding when the driver lost control, crossed into oncoming traffic and slammed head-on into another vehicle. The driver of that first car suffered accident injuries, including a possible broken bone. However, the second vehicle, also an SUV, contained two accident victims that suffered much more severe injuries. The male driver of that car suffered a head injury and was taken to the hospital. His female front-seated passenger was pregnant at the time of the SUV accident and was also rushed to a trauma center. Doctors were forced to perform an emergency cesarean section delivery of the baby in an attempt to save the baby’s life. However, hospital officials explain that the newborn infant died of the injuries sustained in the MVA. The nature of the fatal wounds is still under investigation. Officials investigating the car collision believe that the first car was being driven by a reckless driver and that led to the SUV crash. The reckless driving together with the fact that the man was an unlicensed speeding driver has many concerned. Safety advocates have demanded immediate action to remove dangerous drivers from the roads and justice in this wrongful death case. Find out more about the collision and investigation here.

Photo for illustrative purposes only. Photo Credit: Kevin Ho [License]

Bronx car accident injures multiple victims, including bicyclist and pedestrians

New York – What appears to be a speeding car with a reckless driver behind the wheel was caught on video causing a serious pedestrian accident. A dash camera from an uninvolved motorist caught the frightening car crash on video. A Bronx native was identified as the driver of a car that possibly even ran through a red light at a busy intersection beneath the train tracks. While racing his vehicle through the intersection, a group of pedestrians and bicyclists had already been attempting to cross within the crosswalk. The car seemed to have come from nowhere with little-to-no warning and hit a bicycle with rider on it as well as several pedestrians. The bicycle accident left that rider seriously injured and it is reported that several pedestrians, including several local workers, were also hurt in the collision. This car crash is still under investigation and the driver was brought up on charges for the collision. See the video and find out more about this reckless driving accident with multiple injuries here.

Illustrative Photo Credit: hmmmayor [License]