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Tag Archives: permanent disability

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]

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]

Motorcycle accident on Long Island causes critical injuries

New York – Police are still investigating what led to a serious motorcycle crash in Nassau County. They say that two cars and one motorcycle were involved in a series of collisions. It is currently believed that one of the cars was making a turn when the biker slammed into the car. However, the motorcyclist lost control and crashed into an SUV. The motorcycle rider suffered life threatening accident injuries and emergency crews evacuated him to the trauma center of a nearby hospital. Trauma doctors explain that the seriousness of this kind of bike accident can lead to critical injuries, permanent disability and even death. Based on the mechanism of injury, these injuries can include traumatic brain injury (TBI), broken bones and fractures, internal organ damage and nerve damage. The extent of the accident victim’s injuries is not fully known at this point. Doctors and specialist will need to continue evaluations and medical testing. In addition, police accident investigators will continue to look into what caused the car accident. See this article for additional information.

Photo for illustrative purposes only. Photo Credit: dfirecop [License]

Serious injuries including a traumatic brain injury in Queens car accident

New York – Two cars collided in a horrific motor vehicle accident (MVA) in Queens, leaving three injury victims. The first vehicle was being driven by an off-duty police officer when the second vehicle broad-sided him at an intersection, according to reports. His car then struck parked cars and slammed into a telephone poll. The poll cracked and then collapsed according to witnesses. The vehicle then caught on fire and fire rescue was dispatched to the accident scene. It is unclear whether or not the cop was wearing a seatbelt, however, he was ejected from the car during the impact. This raised a question of a safety equipment malfunction during the MVA. Emergency first responders explain that they found the injured driver on the street suffering from a traumatic brain injury and neck injury. Spinal injuries in this context present a special difficulty in treating patients with a serious head injury according to doctors. The other two accident victims from the second car suffered less serious injuries. However, they will require additional testing to determine the nature and extent of their wounds. Trauma specialists note that some accident-related injuries can start out as appearing not serious but eventually develop into chronic pain or even permanent disability ones over time. This can especially be true if the wounds are ignored or not picked up on early enough. See this article for additional information regarding this Queens car crash.

Photo for illustrative purposes only. Photo credit: Joel Kramer [License]

Police officer injured on the job in motorcycle accident

New York – Investigators are still looking into details of a hit-and-run accident that seriously injured a police officer. The cop was working as a motorcycle officer at the time of the car crash. Officials say that a car slammed into the side of the motorcycle during the collision, sending the cop flying into the air and falling onto the ground. The broadside motorcycle accident caused critical injuries and sent the man to the hospital. The driver of the car then fled the scene and was tracked down shortly thereafter by another patrol officer. The hit-and-run driver was arrested and will likely be charged with leaving the scene of a motor vehicle collision with injuries as well as possible reckless driving. Meanwhile, the injury victim remains in the hospital in stable condition but unable to work. It is unclear on whether or not he will be able to return to work or if he will be out on disability for an extended period. According to sources, he may even be left with permanent disability due to his work injuries. A worker who is injured at work usually has his injury and healthcare expenses covered by worker’s compensation. However, some workers find that they require the assistance of a worker’s comp lawyer to help ensure that they are given proper care. In addition, it is sometimes necessary to file a workman’s comp lawsuit claim against the insurer. This article shares more about this motorcycle crash.

Photo for illustrative purposes only. Photo Credit: Elvert Barnes [License]

New technology hopes to prevent birth injury

A healthcare instrument manufacturer has recently presented a new kind of scalpel to prevent birth injuries caused by a doctor during childbirth. The makers of this new surgical instrument say that it can prevent common accidental lacerations of the cheek, face and ear of the fetus as well as other body parts. Medical safety experts say that obstetrician doctors or residents often injure the infant while cutting through the mother’s tissues while working quickly to deliver the baby. Hospital errors can occur for various reasons. For example, unskilled physicians or fatigued staff sometimes have difficulty performing caesarean section surgeries under such time pressure. This can lead to permanent disability, wounds or even death of the baby. Patient safety can also be put at risk, leading to injury to the mother during such an intricate operation. The new medical device hopes to reduce the risk or such injuries and wrongful death. They also hope that the new safety blade design will prevent injury to the doctors and nurses involved in the surgery. Worker’s comp injuries involving hospital workers being hurt by needles, scalpels and other sharp instruments is a serious concern. Patient safety advocates explain that many medical safety devices are available to staff but some hospitals refuse to buy them due to high cost. However, they note that the high cost to a victim who suffers a medical malpractice injury must be taken into consideration. Many malpractice lawsuits, especially in cases of fetal injury, can be avoided with proper planning to avoid surgical error or a hospital mistake. Find out more about the new medical safety options here.

Photo for illustrative purposes only. Credit: M C Morgan [License]

$ 3.4 Million Dollar - Medical Malpractice - Failure to Diagnose

Failure to diagnose an infection in a child’s hips resulted in orthopedic injury with permanent disability. Top Injury Attorneys at Morrison & Wagner helped the injured party receive rightful compensation in the amount of $3,425,000. How common is a failure to diagnose? Approximately 40% of all medical malpractice claims involve a failure to diagnose some kind of condition (data). If you or a loved one experience medical malpractice, contact an experienced injury attorney right away. Read more about other cases of medical malpractice and physician error.

Illustrative Photo Credit: Elisa Self [License]

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Unspotted infection claimed child’s hips, mother alleged (VerdictSearch)

Settlement Amount: $3,425,000

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Court: Kings Supreme, Kings County, New York

Case Type: Medical Malpractice – Childbirth, Failure to Diagnose

Date: July 26, 2006

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner; New York, NY, for Plaintiff, and daughter
Eric H. Morrison; Morrison & Wagner; New York, NY, for Plaintiff, and daughter

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Facts:

On Nov. 24, 2002, the Plaintiff, a pregnant woman in her first trimester of gestation, presented to Maimonides Medical Center, in Brooklyn, experiencing contractions. Several hours later she gave birth to premature twin daughters. The first baby was born with Apgar scores of 9, and 9. (Editor’s note: The Apgar system scores an infant’s physical condition during the first minutes of life. The infant’s heart rate, respiration, muscle tone, stimulated responses, and color are graded zero, one or two. Thus, the maximum total score is 10. A low score indicates that the infant requires immediate, lifesaving attention.)

As a result of her premature birth, the baby was admitted into the hospital’s neonatology unit and was diagnosed with sepsis, growth retardation and prematurity. After more than 30 days in the neonatal intensive-care unit, she was released with a clean bill of health. Thereafter, the baby’s parents noticed that she was not turning like her twin sister was. The baby girl’s pediatrician noticed problems with her hips, and she was referred to a pediatric orthopedist. Upon examination, the orthopedist determined that the baby had no hip joints on both the left and right sides.

The Plaintiff, acting individually and on her daughter’s behalf, sued the hospital and the attending physicians. She alleged that the defendants failed to diagnose the condition and that their failures constituted medical malpractice.

The plaintiff’s expert pediatric orthopedist determined that the internist who examined the baby on her fourth day made the correct diagnosis and noted that the area was “swollen and painful.” They contended that this constituted an orthopedic emergency and warranted an immediate orthopedic consultation. Plaintiffs’ counsel also determined that the consultation would have resulted in a hip aspiration and removal of the bacteria that caused the infection. He further opined that the septic arthritis or osteomyelitis, an inflammation of the bone caused by a pathogenic organism, was not diagnosed and also demonstrated the defendants’ failure to appreciate the infant’s symptoms.

The defendants claimed that they did not depart from the standard of care. Defense counsel argued that the infant was provided timely and directed hip examinations following the intern’s note and that no symptoms justified an orthopedic consultation.

Injury:

Plaintiffs’ counsel claimed that the delayed diagnosis led to an infection that caused the complete deterioration of the little girl’s hip joints, resulting in a permanent disability. The girl, now 4, walks with an altered gait. Although she does not wear a brace, she requires fusion surgery on both hips. The surgery can not be performed until after she reaches puberty, and she also requires revision surgery over the course of her lifetime.

The victim’s vocational life-planning expert determined that she will have profound vocational and occupational consequences and will have difficulty finding meaningful employment.

Plaintiffs’ counsel sought recovery of an unspecified amount of damages for past and future medical costs, lost wages, and pain and suffering.

The defense claimed the girl does not need revision surgeries and will be able to lead a normal productive life.

Result:

The parties agreed to a $3,425,000 pretrial settlement. The hospital’s insurer will contribute the entire amount. The attending doctors were stipulated out.

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Judge: Gerard H. Rosenberg

Dangerous construction accidents in New York investigated

New York – Construction injuries have, unfortunately, become an expected reality in the industry, according to work safety advocates. They say that employers sometimes shirk their responsibilities by not following safety codes and create a hazardous condition for their workers. One hardhat construction worker suffered a fall injury in the World Trade Center site when he fell from a scaffold to the ground, nearly 20 feet below. Witnesses contend that the work accident occurred because the shoring equipment was unstable and no ladder was provided by the construction company. They note that the scaffold tipped over and collapsed, causing the worker to suffer a spinal injury with back pain, fractures and a permanent disability. The man’s injuries also included broken ribs and a head injury according to doctors. Accusations against various construction companies and contractors have since arisen, claiming that employers have tried to cover up accidents and injuries. Workers have reported that bosses have ordered the clean-up of the site of a construction injury in order to hide evidence of negligence. In addition, investigations have shown that employers have been known to avoid reporting workplace accidents, with as many as 34 serious on-the-job injuries going unreported to the Occupational Safety and Health Administration (OSHA), the federal agency tasked with ensuring work safety. These accidents have been documented to have caused hips fractures, broken bones as well as neck and back injury. Worksite safety activists explain that these employers may have been trying to avoid negligence lawsuits and worker’s compensation injury claims while ignoring the damage they caused to the lives and families of the injured workers. Read details about the investigations into the unreported occupational worker’s comp injuries here.

Illustrative photo by Saberwolf116 at en.wikipedia [CC-BY-3.0], from Wikimedia Commons