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Tag Archives: wrongful death

November 27, 2019 News
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Work injuries at site of construction collapse

New York – A scaffold collapse in Manhattan left two workers injured. The wounded workmen fell from the scaffolding as it collapsed according to reports. They note that one of the victims suffered serious injuries during the work accident. The other accident victim’s injuries were still being assessed but appear to be less life threatening. It is unclear whether the injuries were caused by the fall from a height or rather from being crushed under the falling construction debris. Investigators were also looking in to the cause of the construction collapse to determine if safety precautions were in place. Worker safety is supposed to be the highest priority for employers of construction and renovation companies. However, some employers have been known to take shortcuts in order to save time and money in safety equipment and training. It appears that there was an issue with the building and inadequate maintenance of the scaffolding according to reports. Improper construction or negligent maintenance, especially at a dangerous construction zone, can place the safety, health and lives of workers and bystanders at risk. Workplace accidents are a common problem, especially at construction sites that work with heavy equipment, tall ladders and scaffolds as well as electrical tools such as drills, saws and hydraulic devices. There are also complicating factors such as poor lighting, uneven or broken sidewalks and pavement, and unsteady flooring and walls or even railings and stairs. These hazardous conditions can lead to slip and fall accidents, broken bones, neck and back injuries, heady injury or even wrongful death. Read up more about this construction accident here.

Photo for illustrative purposes only. Photo Credit: Richard Munckton [License]

April 14, 2019 News
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Product Recall :: Play sleepers linked to infant deaths

Product safety experts have declared a significant concern over a possible dangerous product. Claims of possible wrongful death have been blamed on popular play sleepers. Advocates note that up to several dozen infant babies died when they were in the devices. They explain that the babies rolled over in the Fisher-Price Rock ‘n Play Sleepers when they were not seat-belted into the seat. The infants then could not breath due to the position and choked to death according to doctors. The concern raised by parents is that the device was unsafe for the age and stage of development for which the product was marketed. They noted that additional precautions, safety designs and warnings should have been in place to prevent personal injury or death. They add that the manufacturer was aware of the deaths of several accident victims from the dangerous situation but did nothing about it. The dangerous product recall was only started after the threat of personal injury lawsuits became overwhelmingly imminent. Unsuspecting parents say that there needs to be more accountability by the manufacturers and sellers of products such as these. Full investigation, follow up and immediate action must be taken when a hazardous or defective product is suspected. Any delayed recall places the public at significant risk according to health and safety specialists. To find out more about this defective product recall check out this site.

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March 31, 2019 News
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Truck accident kills bicyclist in Manhattan

New York – A bicycle rider was struck and killed in a truck accident in the early morning last month. Police reports note that the accident victim was hit as the truck turned a corner into the man. The bicycle accident sent the victim falling to the ground and suffering with multiple extensive injuries. Officials say that the driver then left the scene of the truck crash but it is unclear whether or not he was aware that he had just struck a pedestrian. If it was, in fact, a hit and run accident, the driver can face even more serious criminal charges for a hit-and-run accident with injuries. Public safety advocates expressed significant concern about this crash and believe it is a case of wrongful death. They note that this same oil truck company has been involved in several previous fatal pedestrian accidents. The drivers were different in each of the prior deadly accidents but the question of proper safety training and negligent maintenance needs full investigation. You can read more about this deadly bicycle crash here.

Photo for illustrative purposes only. Photo Credit: Eli Christman [License]

January 25, 2019 News
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Medical malpractice involving medical devices and artificial intelligence

New York – The expanding world of medical devices or machines that use artificial intelligence introduces a new kind of risk of medical malpractice injury for unsuspecting patients. Modern medicine has spent many decades creating and perfecting the use of these devices, such as robotics, computer software and hardware. The hope was to eliminate human doctor error, hospital negligence or fatigue that plagues doctors, nurses and other medical professionals. However, research has shown that these devices and programs are far from foolproof and can actually cause medical mistakes, surgical error or injury and even wrongful death. Sometimes a false sense of security can be instilled in healthcare practitioners who overly rely on the new technology, leading to a delayed treatment due to a delayed diagnosis or even outright missed diagnosis.

Top New York medical malpractice lawyers have researched these issues and have fought hard for these injured patients. They explain that it is important to fully investigate who is responsible for the medical mistake or if any negligence was involved. It is usually necessary to look into the underlying development of the technology in question to determine if it was developed and manufactured according to accepted standards. In addition, there is still an element of human error or neglect if there was subsequent improper maintenance or lack of proper training. You can review more about these types of medical errors here.

Image for illustrative purposes only. Photo Credit: Bonnie Jeffs [License]

September 18, 2018 News
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Increased construction injuries and deaths in New York City

New York – Construction accidents with injuries or deaths are on the rise according to statistics released by city officials. The Building Department says that there have been more reported deaths from construction accidents when comparing the current year of 2018 with reports from last year. Public safety experts blame the spike on the increased amount of building construction and renovations. Some have pointed out that the city safety inspectors haven’t been keeping up with the necessary inspections to ensure safety of workers and the public. Others believe that contractors and builders have taken advantage of the commonplace construction environment and have become lax about following safety guidelines. Workers sometimes complain about dangerous work conditions, including improper or lack of safety devices such as helmets, railings and harnesses. Even when equipment is available, workmen have noted negligent maintenance or lack of training provided to hardhats. They worry that profits make be a more important factor for employers than the safety of workers or the public. This situation can lead to a widespread hazardous condition and can easily contribute to a work injury or even wrongful death. Accidents include building collapse, falling debris, bone fractures and trip and fall accidents. See this article to understand more about the increased accidents.

Image for illustrative purposes only. Photo Credit: Pete Jelliffe [License]

April 11, 2018 News
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Deadly drag racing car crash blamed on drunk drivers

New York – Two car accident victims were killed last week on the Nassau Expressway near the border between Long Island and Queens. Five other victims were injured in the highway accident according to police reports. The two victims that were killed were a recently engaged couple that were driving home when they were hit. The collision caused their car to burst into flames and the trapped couple died in the fire. Emergency responders explained that the multi-vehicle car accident left tremendous amounts of damage and injuries ranging from broken bones to spinal injuries to critical injuries. Investigators into the cause of the fatal collision have noted several pieces of evidence that point to reckless driving, drag racing and even drunk driving. Police have arrested and charged two of the people involved in the crash. They believe that the cause of the accident was well more than just carelessness or even negligence. Prosecutors believe that the criminal actions of two of the drivers are what caused the motor vehicle accident. They believe that two of the vehicles were drag racing and lost control, slamming into the other cars and causing a chain reaction. The at-fault drivers will face criminal charges but can also face personal injury lawsuits as well as wrongful death lawsuits. See this article for more about the drunk driving accident.

Illustrative Photo Credit: by Werner Vermaak (originally posted to Flickr as Immobilized Patient) [CC-BY-2.0], via Wikimedia Commons

February 14, 2018 News
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Data shows increased incidence of deaths from accident injuries

The recent release of data on the causes of death in the United States shows some disturbing statistics regarding fatal accidents. The study by the National Safety Council (NSC) showed yet another significant increase in car crashes with life-threatening injuries. Public safety specialists express concern regarding this, in light of the efforts to increase design safety of motor vehicles and roads as well as safe driving campaigns. Modern cars and trucks have advanced technology seat belts and airbags as well as safety sensors throughout the vehicle. Further analysis is needed but some wrongful death experts believe that the noted increase in serious injuries is due to distracted driver accidents. They blame this on the increased technology devices distracting drivers, such as driving while texting, talking on a cell phone while driving and even people who read and post to Twitter and Facebook while operating a motor vehicle. They also note that some drivers don’t take their responsibility seriously while they eat, read or speed instead of concentrating on the road. Several other causes of accidental injuries that commonly lead to death were identified by the council. These include slip and fall, drowning and overdose accidents. If you or someone you know has suffered a preventable accident due to someone’s possible negligence, you have the right to speak to an expert accident attorney to discuss your case. You can also find out more about the NSC study here.

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January 17, 2018 News
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How common are medical errors and are they being taken seriously?

Repeat studies on medical malpractice show that medical errors are common and serious. Unfortunately, it is difficult to determine the accurate incidence of medical malpractice that causes death due to record keeping and statistics issues. However, according to experts, if medical errors were tracked properly, it may be the third most common cause of death in the United States. Cases of medical mistakes occur in regular hospital rooms, the ICU, the emergency and operating room just as often as in an outpatient doctor’s office, according to specialists. Of note, laboratory errors are also too common with inexperienced technicians and outdated equipment with negligent maintenance sometimes to blame. The high incidence of malpractice death has healthcare safety advocates very concerned. A New York City medical malpractice lawyer notes that this cause of death is all too often swept under the rug. Hospitals, doctors and other health providers sometimes cover up for their mistakes to prevent taking blame for medical injury or death. Other times, they may not have caught their blunder or innacuracy that could have led to a wrongful death or patient harm. Activists in this area point out that intensive scrutiny is often necessary to understand exactly what transpired. This can require medical expert witnesses examining the case and trying to determine if proper medical protocol was followed or if anything was missed. Misdiagnosis or delayed diagnosis can cause just as much of a problem as dispensing the wrong medication or overdose of a correct medicine. Experts say that other common medical malpractice events take the form of birth injury, negligent medical advice and failure to treat. Surgical error can include surgery on the wrong side of the body or the wrong surgery altogether. However, sometimes less obvious can be a surgeon who slips and perforates an organ. You can read more about the issue of surgical and medical errors here.

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March 10, 2017 News
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Takata airbag manufacturer pleads guilty to fraud

The world’s largest vehicle airbag recall was sparked after, analysts say, the Takata manufacturer fraudulently claimed that their airbags were safe. However, the company now admits that they knew for many years that there was a defective part that could cause the device to explode. This, in turn, could lead to a more serious and deadly injury from a car accident. The company has produced tens of millions of dangerous airbags that have been installed by motor vehicle manufacturers around the world. Everything from cars to SUVs to trucks have dangerous airbag components made by this company and have been recalled. The guilty plea by Takata comes along with an agreement to pay a hefty $1 Billion in fines and penalties. However, this money is not earmarked to go to the injury victims and families of victims killed in a car crash that may have been affected by the hazardous situation. A top injury law firm in New York explains that this doesn’t shield the manufacturer or others from a personal injury lawsuit. In fact, it has been noted that some of the car companies allegedly knew about the dangerous condition posed by the defective airbag problem but continued to install them anyway. This opens those car makers to injury and wrongful death lawsuit as well, according to experts. Product liability laws describe the actions that should be taken by all involved to ensure that consumers aren’t injured by a product that is known to be potentially dangerous. You can find out more about this product recall and repercussions here.

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February 15, 2017 Case Success Stories
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$2.25 Million – Medical Malpractice Claim Due to Delayed Treatment in Hospital

New York – In 2012 a woman delivered a baby in a hospital in Queens, NY. She subsequently suffered a pulmonary embolism and died the next day. The woman’s widowed husband claimed that this was a wrongful death due to the hospital’s failure to treat the problem quickly enough. Medical malpractice lawyers with Morrison & Wagner filed a malpractice lawsuit on the woman’s estate’s behalf. The hospital’s operator agreed to pay a settlement of $2,250,000 to the victims.

Photo for illustrative purposes only. Credit: US Army Africa [License]

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Lawsuit: Doctors’ Inaction allowed embolism’s fatal progress (VerdictSearch by Priya Idiculla)

Settlement: $2,250,000

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Court: Queens Supreme, Queens County, New York

Injury Type(s): death; embolism; pulmonary / respiratory; respiratory arrest

Case Type: Medical Malpractice — Delayed Treatment — Wrongful Death — Survival Damages

Date: February 25, 2016

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

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Facts & Allegations:
On July 10, 2012, plaintiff’s decedent, a 31-year-old part-time nurse, underwent Caesarean delivery of a daughter. The delivery was performed in a hospital in Queens, New York.

During the hours that followed the delivery, the woman developed severe impairment of her respiration. She ultimately suffered an arrest, though she was quickly revived. Doctors suspected that she was suffering a pulmonary embolism, so she underwent intravenous administration of an anticoagulant: Lovenox.

Her condition worsened during the ensuing morning. A doctor ordered surgical thrombolysis, which would have involved mechanical destruction of the embolism, but the woman died before the procedure could be undertaken. The woman’s widower, Plaintiff, claimed that his wife’s death was a result of a failure to timely address her embolism.

The plaintiff and his sister, acting as co-administrators of the deceased woman’s estate, sued the hospital’s operator, New York City Health and Hospitals Corp., and several doctors who were believed to have been involved in the hospital’s treatment of the woman – an internist, hospitalist, 2 obstetricians, a pulmonologist and a cardiologist. The lawsuit alleged that the doctors failed to timely address the woman’s embolism, that the doctors’ failures constituted malpractice, and that New York City Health and Hospitals was vicariously liable for the doctors’ actions.

The estate’s counsel discontinued the claims against the doctors. The matter proceeded against New York City Health and Hospitals.

The estate’s counsel contended that the woman’s embolism could have been resolved via thrombolysis, but that the surgery was not ordered until the woman had experienced five hours of worsening symptoms. He also claimed that 165 additional minutes passed before the hospital completed the woman’s presurgical preparations. While the woman was being transported to the area in which the surgery would have been performed, she suffered a loss of consciousness. She did not regain consciousness.

The estate’s counsel also contended that the woman was not timely administered Lovenox. He contended that earlier administration may have altered the need for thrombolysis.

Defense counsel contended that the woman’s embolism was of an advanced stage that is rarely resolved via thrombolysis, and she also contended that thrombolysis is an extremely risky procedure. She contended that the hospital’s staff appropriately determined that Lovenox was the more efficacious means of addressing the embolism.

Injuries/Damages
The woman suffered a fatal pulmonary embolism. During the hours that preceded her death, she suffered severe impairment of her respiration. She also suffered an arrest, though she was resuscitated.

The woman died on July 11, 2012. She was survived by her husband and two children.

The woman’s estate sought recovery of wrongful-death damages that included her lost earnings, damages for her pain and suffering, and damages for her children’s loss of parental guidance. The lost-earnings claim was not supported by admissible documentation.

Result
The parties negotiated a pretrial settlement. New York City Health and Hospitals, which was self-insured, agreed to pay $2.25 Million.

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Editor’s Note: This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.