Category Archives:News

Welcome to the news from the New York Injury Lawyer blog. Here we present interesting and relevant news stories involving our areas of specialty, including personal injuries, slip and falls, medical malpractice and brain injury claims. Have an interesting injury story? Tell us.

Manhattan restaurant may have caused Hepatitis A outbreak

New York — A chef working in the kitchen of an upscale restaurant has been diagnosed with Hepatitis A infection according to owners of the bistro. They note that the food worker continued working in the restaurant for about a week or more after she contracted the illness. Department of health officials for the city warned that people who ate in the cafe eatery should see their doctors and consider getting a vaccination against the disease in case they were exposed to the virus in their food. They explain that Hepatitis A can be passed along in food when kitchen workers or servers don’t properly wash their hands with soap and water before touching the food. The disease is a kind of food poisoning that is transmitted through feces and can cause serious illness, starting with nausea and diarrhea but progressing to cause damage to the liver and stomach pains. A personal injury lawyer in New York City who specializes in food-borne illnesses explains that restaurant owners and staff have an obligation to protect the public health. They are required to keep all food preparation areas clean and wash their hands well after using the bathroom and before handling food or supplies. Proper refrigeration and fully cooking all foods that can harbor dangerous bacteria and diseases are also required in order to maintain the safety of their patrons. A worker who becomes sick must be removed from the handling of food or supplies in order to prevent the illness from spreading to unsuspecting diners. An owner or manager that ignores or overlooks violations of these public health laws may be held liable for professional negligence and can face a personal injury lawsuit by the injured or ill victim. Health experts say that most cases on food poisoning can be prevented by careful attention to food safety protocols. Find out more about this dangerous Hepatitis A health scare here.

Photo by Nephron (Own work) [CC-BY-SA-3.0 or GFDL], via Wikimedia Commons

Subway train accident kills New York teen

New York — Officials with the Metropolitan Transit Authority (MTA) of New York report that a teenage boy was struck and killed in a subway accident this past week. The young man was apparently trying to cross over the train tracks in a Manhattan subway station when he was fatally injured by the train. Bystanders declare that the Upper West Side station where the injury occurred does not have any safety barriers or fences next to the rails, much like most other train stations in the system. Community activists have long called for improved safety standards in New York City’s subway stations to prevent the constant accidents. They say that officials should install safety fences to prevent civilians from accidentally falling or being pushed into the path of oncoming trains. The dangers in and around the subway platforms are well-known to transit officials but little has been done to protect unsuspecting commuters and tourists. The city has faced a long list of injuries and deaths over the past few years due to train accidents as well as slip-and-fall injuries in train stations. A few assault victims were pushed onto the tracks below and some have filed negligence lawsuits against the city because of it. They contend that the city is obligated to take significant steps to warn people of the dangers as well as put up protective gates to prevent victims from falling onto the dangerous train rails below. For more information about the Long Island teenager who was killed by the train last week, check out this article.

Photo by Adam J. Sporka at en.wikipedia (Transferred from en.wikipedia) [Public domain], via Wikimedia Commons

Man who caused deadly car accident was given many chances

New York — Prosecuting attorneys in New York have charged a man in the hit-and-run accident deaths of two people in Brooklyn several weeks ago. The driver of the car who fled the scene was arrested after turning himself in to police a few days after the car crash. According to an accident lawyer, the man was known to be a criminal and had also served some time in jail for murder. Apparently, the man was given the chance to change his life around when a judge let him go free due to new evidence in that case. However, he continued to have problems with the law when he was arrested for driving under the influence of alcohol. Reports show that another judge gave the drunk driver yet another chance by not suspending his driver’s license at the time. Public activists complain that the court system often gives criminals more chances that lead to more problems and putting average citizens at risk. In this case, the suspected murderer and convicted drunk driver was let free just to cause a serious motor vehicle crash not long after. Advocates for public safety ask if the man and the courts should be held liable together for causing the car accident and wrongful deaths. They say that a man with known problems like these should not be allowed to drive and cause accident injuries like this. Some activists contend that the courts and justice system work so hard to protect the rights of criminals but do little to protect the innocent citizens from the dangers of the criminals roaming free. They point to a similar case where a young man has been repeatedly arrested but allowed to walk free. That man has just been caught and arrested this week with illegal weapons and drugs. Public justice advocates worry that the man will negligently be allowed to walk free until he causes an accident. That young man’s father, who owns a crane in the construction industry, was acquitted only a short while ago for causing a deadly crane accident. Lawyers wonder if the son goes into the family business, can this lead to another construction accident? They warn that the public will pay the price until the courts are required to protect the innocent citizens. Read more about that crane collapse here.

Photo by Eyone [Licensing cc-by-sa-2.5]

Woman dies of lung cancer after missed diagnosis

New York — A woman from Brooklyn, NY died from complications of lung cancer after doctors at the hospital delayed diagnosis of her deadly condition. Family of the victim say that the hospital’s misdiagnosis was due to not following up on a suspicious finding in an x-ray several years earlier. A small nodule or mass was spotted on a chest x-ray but her doctors failed to properly evaluate this, delaying her cancer diagnosis for over two years. Reports show that the doctors working in the New York City owned hospital were negligent by not fully reading and acting on the x-ray report from the radiologist, which pointed out the suspicious spot and recommended specific follow-up instructions. The missed diagnosis of her lung cancer allowed the disease to continue growing until it metastasized, spreading to her other lung, liver, spine and brain. The original hospital error was compounded when subsequent clinic doctors kept treating the woman’s cough and difficulty breathing as asthma. Those doctors never ordered another chest x-ray or properly reviewed the original one.

Experts have predicted that the woman’s cancer could have been treated properly and her life could have been saved had the doctors not committed medical malpractice several times over those two years. Patient activists say that doctor mistakes like this often occur when protocols and conditions created by the hospital or office don’t meet basic standards for patient safety. They warn that doctors and nurses as well as hospital administrators need to take a close look at the day-to-day running of their facilities in order to ensure the constant rush of patients doesn’t allow for overlooking things. Some note that doctors are quick to order tests but sometimes don’t leave enough time to look at the test results. A medical malpractice lawyer in New York says that when a doctor doesn’t order the proper diagnostic tests and when he or she doesn’t follow up on the tests that were ordered, both situations constitute medical malpractice. Find out more about this medical error case and the consequences here.

Read about another case of failure to diagnose, where top medical malpractice attorneys helped the injured party receive rightful compensation in the amount of $3,425,000.

Photo by Nevit Dilmen (Own work) [GFDL or CC-BY-SA-3.0-2.5-2.0-1.0], via Wikimedia Commons

New York Police Department will modify car crash investigation protocol

For many years a special team of officers from the New York Police Department (NYPD) were sent to investigate a select number of motor vehicle crashes. This group of investigators has been called the Accident Investigation Squad but now the chief of police has indicated that the name will be changed to the Collision Investigation Squad. In addition, the squad will be notified of car collisions more often than in the past. Until now, most crashes were treated as simple accidents and investigated by regular police officers as such. Only when an injured accident victim died or was likely to die, would the police call in the special investigation team. The regular traffic police often assume no criminal or negligent behavior led to most incidents and are therefore classified as “just an accident.” Even when the specialized investigators respond, they usually treat the injury scene as stemming from an accident – their squad’s name even suggests that from the beginning. Public safety advocates complain that this policy has left injury victims to fend for themselves with minimal investigation done at the time of the car crash. They say that a car collision should not occur if everyone is following the driving laws that were created to prevent such “accidents.” Some observers note that a reckless driver may cause a car crash with injuries even when those injuries are not life threatening. They ask why those types of car accidents should not be fully investigated and criminal charges filed, if appropriate. A top New York City accident lawyer explains that an immediate and proper investigation of a motor vehicle crash is necessary for the injured victim to file a personal injury lawsuit to recover damages. Collisions that fall under the jurisdiction of this police investigation squad can include a car crash, truck accident, bicycle accident or even a pedestrian hit by a car. Safety activists hope that the investigation policy changes will more properly reflect the need for thorough investigation of collisions in order to help get dangerous drivers off the road. For more information on the changing policies within the police department’s investigation of these injuries, see this article.

Photo by Uris BSD Licensing

Pregnant woman and husband killed in Brooklyn taxi accident

New York — A married couple were killed in a hit-and-run motor vehicle accident in Brooklyn, NY early this morning. The woman passenger was about 7 months pregnant and on her way with her husband to the hospital because she was apparently feeling complications with her pregnancy. They were taking a livery taxi cab ride to the hospital when another car crashed into the taxi that they were riding in. The woman was thrown from the car and suffered fatal injuries as a result of the car accident. Emergency room doctors delivered the woman’s baby son by emergency c-section. Hospital officials report that the newborn boy is currently still admitted in the hospital and is in serious condition. Unfortunately, the mother died at the hospital due to the accident injuries. Her husband was also rushed to a hospital in Brooklyn and died from his car crash injuries too. The driver of the taxi cab suffered an injury as well and was taken for treatment in another hospital according to emergency personnel. Police say that the driver of the other car ran from the scene and an arrest warrant has been issued. It is still unclear who was at fault for this deadly car wreck, as the taxi had a stop sign but the other vehicle did not. Bystanders note that it is suspicious that the driver of the other car ran from the scene and wonder if he was a drunk driver or speeding. Still, it is always possible that the cab driver rand the stop sign. The police investigation will continue for the driver of that second car as well as the owner of the vehicle. Accident investigators will also work to recreate the crash in order to determine who was at-fault. Police note that this was the second deadly car accident in two days in Brooklyn. The other car accident in Gravesend left three people dead, including the drivers of both cars that had wrecked. Another victim suffered a leg injury from that crash and was hospitalized according to reports.

Photo by Sterilgutassistentin (Own work) [CC-BY-SA-3.0], via Wikimedia Commons

Company with history of multiple bus accidents faces shut down

New York — A popular discount bus company that services the New York area has been under close scrutiny following multiple bus accident incidents over the past several years. Safety concerns regarding the busses, fleet maintenance and driver training are all being investigated by local and federal authorities. Some of the serious bus accidents with injuries for this company include an incident this year when two pedestrians were hit by a bus, a bus crash on a highway a few years ago and a dangerous bus fire only a year before that. Reports show that dozens of accident victims were injured or killed in those motor vehicle crash accidents. Safety regulators say that the company has many basic safety violations that boil down to a hazardous condition every time those busses take to the roadways. While the company won’t share details, they have reportedly faced several personal injury lawsuits after the accidents left so many people with permanent injuries. A New York City accident injury lawyer explains that a bus company that doesn’t comply with safety laws and regulations can be held responsible for injury or death caused during an accident with their bus. However, it becomes even more concerning when a specific company injures or kills many innocent victims but still performs negligent maintenance on their vehicles. Transportation safety advocates warn that some companies may compromise safety standards in their effort to boost profits while maintaining cheaper ticket prices. These issues have left officials needing to pass more stringent laws and regulations in order to try to get dangerous bus companies off the roads. Reports show that the specific bus company in question has chartered busses from another company in order to maintain service in the meantime. Find out more about this bus safety investigation here.

Photo by Railhk0512 [CC-BY-SA-2.0], via Wikimedia Commons

Dog attacks on Long Island leave several injured

New York — Four separate dog attacks involving two pit bulls occurred on the streets of a Long Island, NY neighborhood. According to reports, the first dog attack occurred when a teenage boy was attacked as he was making his way home. The teen suffered an arm injury during the assault according to doctors. Not far away from the initial strike, a woman was also bitten by the dogs on her arm as she tried to defend herself. Only several minutes later a young woman was mauled by the pair of pit bulls. This dog attack victim was reported to have an arm and leg injuries that have left her with problems walking. The last injury victim suffered facial and head injuries as well as injuries to her arms and shoulder according to the emergency responders. Police believe that the dogs are owned by the same person but the dogs and owner are still being sought. Trauma specialists explain that the assault victims face a long road ahead in healing. In addition to the obvious lacerations, broken bones and soft tissue injuries, they may have also suffered nerve damage, blood vessel damage as well as emotional injury. The pain and suffering associated with these kinds of attacks by dogs can leave the injured parties with anxiety or depression associated with a post-traumatic stress disorder (PTSD). Officials note that dog assaults are a serious problem that may require public action or even additional laws to protect innocent citizens from dogs that are not properly kept on a dog leash. A public hearing in a separate dog mauling case is pending later this month. This can lead to euthanizing the dog, fines and personal injury lawsuits against the owners of the dog if they were found have been negligent or if they broke the law. Catch more details here about the recent Long Island dog attack.

Photo by English: Lance Cpl. M. C. Nerl [Public domain], via Wikimedia Commons

Dangerous toy blamed for eye injury

A young toddler was seriously injured when playing with a toy stroller that tipped over on him. The injured child’s parents explain that their son was pushing a doll stroller when it fell over as it got away from him. The child victim’s face landed right on top of the stroller handle, causing his eye to be impaled. The boy suffered a serious eye injury and had to undergo multiple surgeries. Unfortunately, the injured eye had to be removed and replaced with a fake eye instead according to doctors. The injury victim’s family contends that the toy manufacturer and store are to blame for product negligence. They say that the toy was made of a poor and dangerous design and that is what led to their son’s injury and blindness in that eye. They note that the store and toy company should have designed and built the stroller to be more stable and not tip over so easily when a child plays with it. The family has sought the guidance of a personal injury law firm to help them in their quest to improve children’s safety. They warn that toy companies cannot claim innocence when they have created a hazardous condition. Some consumer product safety advocates complain that the manufacturer and store should issue a dangerous product recall and conduct a thorough investigation into this injury case before more kids are hurt. They note that too many products specifically marketed for use by children are dangerous and accident prone. Recent dangerous product recalls have been issued for items such as a kid’s toy that included small magnets and a child’s dresser that can fall over easily. To find out more about the toy stroller accident read up here.

Photo by 4028mdk09 (Own work) [CC-BY-SA-3.0], via Wikimedia Commons

Car causes accident with paramedic and tow truck after not following traffic law

New York — Car accident victims in Westchester, NY were being attended to by a paramedic when a passing car struck the paramedic’s vehicle. Investigators say that the car that hit the paramedic truck was not involved in the original car accident. They explain that the new accident pushed the paramedic vehicle into a tow truck that had been also working at the New York State Thruway crash scene. Police reports show that the car apparently did not move over an extra lane while passing the original car crash, as is required by a newer state law in New York. The traffic safety law, referred to as the Move Over Law, says that drivers who are passing the scene of an accident must slow down and move over at least one lane in order to prevent another motor vehicle accident involving emergency vehicles or the initial crash, as occurred here. It was unclear if the driver of the car did slow down when approaching the original car crash but officials were continuing their investigation to determine if any further negligence occurred. The paramedic and tow truck workers were both injured in the secondary accident, as were the victims of the original car accident. The injured victims were treated and taken to the emergency room of the closest hospital by additional ambulance personnel for further evaluation. Lawmakers passed this traffic law in order to protect emergency workers from this type of accident and injury, at the hands of a careless driver, while operating on the side of dangerous roads and highways. The original law was passed over a year ago but some drivers have still not yet adapted or complied with it according to advocates. They included tow truck operators and road maintenance workers in the law in order to protect them in addition to police, firefighters and ambulance personnel. A New York City based law firm that specializes in accident injuries warns that too many workers are injured on roadways due to careless driving. This includes emergency workers as well as construction workers who often need to dodge dangerous drivers. Find out more about the Move Over Law and how to prevent these types of car and truck accidents here.

Photo by U.S. Navy [Public domain], via Wikimedia Commons