s

Tag Archives: wrongful death

January 29, 2017 News
0

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]

December 31, 2016 News
0

Defective part leads to Honda Odyssey car recall

A popular minivan has been recalled due to a faulty part that can lead to serious injury during a car accident. The defective parts involve the seat leavers for the middle row seats that often remain unlocked. This dangerous situation causes the seat to slide during a car crash, which can potentially cause severe injuries or even wrongful death, according to collision specialists. Concerned public safety advocates note that this minivan is often used by parents for children and carpool. They warn that such a hazardous condition puts kids at risk for more serious accident injuries, including dead injury, broken bones and abdominal injuries. Industry analysts explain that the Honda corporation has had to recall several cars from their fleet of vehicles due to dangerous damaged or deficient products. It is unclear if this latest product recall has been the cause of any injury or death. If you or someone you know has been injured in a car accident, you can consult with a personal injury lawyer to find out your rights. You can read more about this minivan recall here.

Illustrative Photo Credit: Chris F [License]

November 15, 2016 News
0

Two workers hit by a subway in Brooklyn train accident

New York — A Metropolitan Transportation Authority (MTA) subway train accident injured one worker and killed a second victim in Brooklyn. The two transit workers were setting up warning lights to warn subway traffic into the Fort Hamilton station that construction and repair work was underway. The MTA uses these warning lights to signal train operators to slow down or stop. This safety system apparently failed when the workmen we struck by the train as it rounded a bend in the track. One of the MTA employees was injured in the work accident and taken to the hospital for care. However, the other laborer was killed in the train crash after suffering extensive and fatal injuries.

Investigators are looking into the cause of the collision to determine if any negligence may have caused the wrongful death. Union and work safety advocates note that more rigorous safety precautions are needed to protect workers as well as the public. They say that safety protocols must be reviewed and additional safety equipment should be issued to prevent future accidents or injury. Some have also pointed out that proper preventative maintenance is necessary to prevent an accident. Negligent maintenance has become an issue in many fast-paced workplace injuries according to specialists. To find out more about this workers comp injury please see this article.

Illustrative Photo Credit: Barry Pousman [License]

October 26, 2016 News
0

Horrific pedestrian accident with two child victims in Queens

New York – The driver of green Chevrolet car hit two child pedestrians as they crossed the street just two days ago. The accident victims were walking to school that morning when the car collided with them and caused severe injuries. The girls, only 13 years old, were thrown to the ground, with one of them suffering a serious head injury with traumatic brain injury (TBI). Sadly, that girl died of the crash injuries while doctors feverously tried working on her in the emergency room. The other victim of the crash is being treated for a leg injury with possible broken bone or nerve damage. Local activists from the Ozone Park community have expressed their outrage about this accident with injuries and wrongful death. They say that better street signs, traffic signals and crossing guards are needed to prevent more collisions, injuries and deaths. They demand that the city council take immediate action to ensure the safety of pedestrians, bicyclists and drivers alike. Some have asked why it has to come to this, with a serious accident and someone getting killed before the authorities take appropriate safety actions. Check out this article for up-to-date information about this fatal pedestrian accident.

Illustrative Photo Credit: COD Newsroom [License]

September 28, 2016 News
0

Official New York City vehicles increasingly involved in accidents

New York – A comparison in car and truck accident data from 2015 to 2016 involving city vehicles and employees shows some frightening results. The report shows that there was an over 10% increase in the number of collisions involving city municipal vehicles, including ambulances, fire trucks, garbage trucks, buses, city inspector cars and others, but excluding police cars. The most significant intensification in truck and motor vehicle crashes involved ambulances that are owned and managed by the FDNY. Ambulance accidents went up by more than 30% compared to last year. Unfortunately, further data regarding the numbers and types of accident injuries from these collisions has not been made available as of yet. New Yorkers have expressed concern regarding these new statistics, saying that this puts citizen’s lives and health at risk. They note that many of the city vehicles involved in these crashes are emergency vehicles that are speeding or reckless driving, leading to both more accidents as well as more serious injuries and deaths. An ambulance carries extra weight with all of the emergency equipment and the force of these accidents can cause irreparable damage. This holds true even more so for garbage and fire truck and bus accidents. Citizens are quick to point out that they appreciate the many emergency workers and city employees who do their work diligently and watch out for public safety. However, they demand that the city government and agencies work even harder to eliminate the dangers and problems that obviously still exist.

The city has reportedly worked to deal with the dangerous driver issue within their employees but even additional driver safety training has yet to solve the near-epidemic. Some experts wonder if the problem lies with the initial hiring and vetting process within the city’s agencies. Are they doing their due diligence to weed out reckless drivers and other hazards? Has the city done its part in preventing city officials from hiding behind their credentials and agencies when doing something illegal or dangerous? Citizen activists complain that many city workers speed, make dangerous U-turns and park in dangerous locations with impunity. Many questions are yet unanswered but one thing is clear – much more needs to be done to prevent further collisions, injuries and wrongful death. Check out this article for more on the increased city vehicle collisions.

Illustrative Photo Credit: Ethan [License]

April 15, 2016 News
0

Are Suffolk County’s red-light cameras causing more accidents with injuries?

New York – Public safety activists are in an uproar about an ongoing investigation that shows an increased accident with injuries risk at intersections equipped with red-light cameras. Lawmakers and citizens alike have expressed concerns regarding the dangerous condition created by these traffic light cameras. They note that some of the traffic signals have faster-than-normal yellow lights and confusing signals, creating a risk for injury due to car accidents that inevitably follow. In the meantime, Suffolk County officials claim that the camera program is fine and plan to continue with it, despite the public safety concerns involved. Opponents question why the program isn’t suspended until they, at least, investigate the increased car crash concerns. They explain that this would allow the time to safely look into the issues and prevent injury or wrongful death accidents. One theory as to why there is an increased accident risk at these intersections revolves around concerned motorists who become afraid of getting a ticket, instead of remaining focused on driving safely. Experts say that drivers may needlessly brake too soon or too quickly, leading to a rear-end collision. Others may become a distracted driver when looking at the camera instead of the road.

Some community activists in New York have claimed that the local county government is simply being greedy and unwilling to give up the revenue that they receive from traffic tickets. The fines associated with these tickets goes to the government’s coffers and is shared with the company that installed and maintains the cameras. This creates a possible incentive for some politicians to keep the cameras functioning even in light of the risk of injury or death. However, this may actually lead to increased personal injury lawsuits, which would be much more costly if lawmakers neglect to deal with the hazardous condition that they’ve created. Motor vehicle accident victims are encouraged to seek legal advice from a top injury lawyer to determine their rights. You can see a video and read more about the controversial traffic light program and investigation here.

Illustrative Photo Credit: Dave Dugdale, www.rentvine.com [License]

March 31, 2016 News
0

Dangerous foods require product recalls to protect consumer safety

A slew of recent food recalls have included Perdue chicken found to have pieces of plastic in it, concerns of spoiled Bumble Bee cans of tuna, dangerous foreign objects such as shards of glass in Nestle frozen food products and Listeria contamination concerns with Starbucks breakfast sandwiches. Consumer safety activists have expressed grave concern regarding the nature of the potentially dangerous product recalls. They insist that improved safety control must remain the highest priority of all food manufacturers and not profits, as some companies believe. Some experts have questioned the speed at which some food recalls begin while others note that the extent of recalls and the advertising of them are lacking. Public health professionals explain that a dangerous food product must be removed from store shelves and supply warehouses immediately. However, some companies delay such decisions due to concerns regarding their image or loss of money due to a recall. Even once a hazardous product recall has been initiated, some businesses do a poor job of publicizing it, leaving customers at risk of illness, injury or death. Product liability is a serious concern and must be seen by corporations as more than a financial decision, but rather a human one. A top injury lawyer in New York City explains that many people get sick, suffer an injury or are victims of wrongful death due to simple negligence by companies that don’t take their responsibility seriously. Activists encourage all businesses to follow the good examples set by owners who follow through on their obligations to the public. If you or someone you know has been injured by a dangerous product, you have the right to speak to an attorney. Find more about the recent food product recalls here.

Illustrative photo credit: Rusty Clark [License]

March 08, 2016 Case Success Stories
0

$325,000 Mediated Settlement :: Patient Suffered Embolism After Falling From Hospital Chair, Delayed Diagnosis

New York — An 83-year-old resident of a senior case nursing home facility fell out of a hospital chair while admitted for treatment there. He underwent X-rays after the fall in the hospital and was returned to the senior care home. He subsequently returned to the hospital and received a delayed diagnosis of a leg fracture. The man soon died of a pulmonary embolism that his estate contended was due to medical malpractice and negligence. The man’s family sought the legal assistance of Morrison & Wagner, who specialize in wrongful death. They helped mediate a settlement for the family in the amount of $325,000.

Illustrative Photo Credit: rearl [License]

— — —

Suit: Fatal embolism stemmed from late diagnosis of fracture (VerdictSearch)

Mediated Settlement Amount: $325,000

— — —

Court: Bronx Supreme, Bronx County, New York

Injury Type(s): leg-fracture (fracture, tibia); other-death; arterial/vascular – embolism pulmonary/respiratory

Case Type: Nursing Homes – Medical Malpractice – Delayed Diagnosis, Delayed Treatment

Date: October 29, 2010

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

— — —

Facts:

On Aug. 5, 2003, plaintiff’s decedent, 87, was admitted to a hospital in the Bronx. During the ensuing days, he underwent treatment of malnutrition, mild dementia and residual effects of cancer of his prostrate.

On Aug. 12, 2003, the elderly man fell out of one of the hospital’s chairs. X-rays did not reveal a fracture, and the man was ultimately returned to his residence, a senior care center in the Bronx.

The senior care center’s staff subsequently determined that the fall victim was suffering a fracture of his left leg’s tibia. The injured man was returned to the hospital. After 10 days had passed, he suffered a fatal pulmonary embolism. The man’s family claimed that the embolism was a result of a failure to timely diagnose and treat his fracture.

The injury victim’s estate sued the hospital and the senior care nursing home. The estate alleged that the defendants’ employees failed to timely diagnose and treat the elderly man’s fractures. The estate further alleged that the hospital’s staff’s negligence constituted malpractice.

The estate’s counsel claimed that the man’s fracture occurred when he fell out of the chair. He acknowledged that preliminary X-rays did not reveal a fracture, but he claimed that subsequent X-rays did. He contended that the patient was discharged before the subsequent X-rays could be evaluated. He claimed that a medical examiner concluded that the man’s fatal embolism was a result of a failure to promptly address the fracture.

The estate’s counsel also claimed that the senior care center’s staff did not promptly address the fracture’s symptoms: discolored skin and an inversion of the senior man’s right foot.

Injury:

The plaintiff sustained a fracture of his left leg’s tibia. The estate’s counsel claimed that the fracture was not promptly treated, and he contended that the delay allowed the man’s development of a fatal pulmonary embolism.

The deceased man’s estate sought recovery of damages for his past pain and suffering.

Defense counsel contended that the man’s embolism was not a result of his fracture.

Result:

During the month that preceded the scheduled start of the trial, the parties negotiated a settlement, which was finalized via the guidance of Judge Douglas McKeon. The defendants’ insurers agreed to contribute equal payments that totaled $325,000.

— — —

Judge: Douglas E. McKeon

Editor’s Comment: This report is based on information that was provided by plaintiff’s and defense counsel.

January 29, 2016 News
0

Trip and fall accident in Bronx elevator

New York – A senior citizen in the Bronx tripped and fell in an elevator that had just been repaired the day before. The injury victim suffered a fatal head injury and died of his wounds in the hospital the next day. The man reportedly tripped on his way into the elevator because the elevator floor wasn’t level with the hallway floor. Reports show that the location where the elevator accident occurred is a city public housing apartment building owned and operated by the New York City Housing Authority (NYCHA). The elevator apparently was serviced by workers of NYCHA the day before the slip and fall injury. Tenants of the building noted that they had been complaining about the broken elevator and the dangerous condition that it presented for many years. The repairmen replaced a part and claimed that it was safe for use after their inspection. However, public advocates state that this was obviously not the case. In fact, they point to the fact that after the man was fatally injured, the city inspector noted that the replaced part was a faulty part and likely caused the accident. They believe that the part malfunction caused a trip hazard that was not evident to the victim when the elevator door opened. Activists warned that there is a problem with regular negligent maintenance in the public housing buildings and this must be dealt with to prevent further injuries and wrongful death. You can check this article out for more about this fall injury.

Illustrative photo from Public Domain [License]

December 29, 2015 News
0

Repeat dog attack in Brooklyn leaves questions about citizen safety

New York – Another pit bull attack occurred in a residential neighborhood of Brooklyn. This time the assault was on another dog but only a few years ago the attack was on a restaurant owner at the same residence. In the 2010 episode, the worker suffered severe injuries during the attack, when three pit bull dogs belonging to the same home owner lunged at the victim. The man was mauled by the dogs and taken to the emergency room for bite and crush injuries. Citizens in the city have expressed concern regarding the safety of people who live and work in the area. Some have asked why the dogs haven’t been taken away from their owner, saying that it’s negligent to allow them to continue to roam free after they have been known to injure people. They exclaim that pedestrians, bicyclists, workers, children, dog walkers and many others are at risk for being attacked by a dog. This constitutes a dangerous condition that puts everyone at risk or injury or death. The police have apparently determined that they can’t do anything since the assaults have taken place on private property. However, community activists warn that city officials, including police, bear some of the responsibility along with the dog owner who allows the dogs to roam around without a leash or muzzle. They note that the next dog attack victim may suffer even more injuries or even wrongful death. In the meantime, the public is being urged to file a civil lawsuit, such as a personal injury lawsuit, if they were injured by a dog. A victim who was bitten by a dog can speak to an experienced attorney to learn more about his or her rights. Find out more about this dangerous situation here.

Illustrative Photo Credit: BoostinChick [License]