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Tag Archives: wrongful death

July 13, 2014 News
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Garbage truck accident in Brooklyn causes injuries and death

New York – A car crash involving a BMW versus a garbage truck occurred on Wednesday, according to police. The truck crash apparently began when the driver of the car slammed into the privately owned and operated truck. Emergency services reported that one of the passengers from the car, a man in his twenties, died from massive trauma during the collision. At least 2 other people were injured in the motor vehicle accident, including another passenger and the driver of the car. Those accident injuries have required emergency treatment according to reports. The 2 workers that were in the garbage truck did not require transport to an emergency room but may require evaluation for possible injuries. Trauma doctors note that some injuries from an accident may only become evident hours, days or even weeks after the initial incident. This is why doctors recommend that anyone who is involved in a serious accident with injuries, should be evaluated soon after the crash, even if the injured victim was someone else involved in the incident. They note that if there was enough force to cause injuries to another person in the accident, then there’s a higher likelihood that other people also suffered an injury. This is even more so the case if there was someone killed in the accident. Such injuries can include a spinal injury, internal bleeding or even a broken bone.

While the injured victims are tended to, the police continue to investigate the cause of the truck collision. They have reported that the driver of the car may have been a drunk driver and this may have caused the accident. In fact, the driver had been charged with driving while under the influence (DWI) in the past and there was a warrant out for his arrest. The current DWI charge would bring a more severe penalty in light of the wrongful death in this case. Find out more about the drunk driving accident here.

Illustrative photo by Kevin.B (Own work) [GFDL or CC-BY-SA-3.0-2.5-2.0-1.0], via Wikimedia Commons

June 10, 2014 News
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Walmart truck accident kills one and leaves three others injured

A tractor-trailer accident on the New Jersey Turnpike left one man dead and three passengers with serious injuries. The truck crash occurred when the truck driver failed to stop for slowing traffic. His truck slammed into a van-sized limousine bus, causing the limo to roll over. The crash victims were rushed to area hospitals for emergency treatment. The accident injuries included broken bones, nose and rib fractures and possible internal injuries. Records show that the truck was owned by the discount retail chain, Walmart, and that the driver was an employee. Recent discoveries indicate that the driver of the tractor had not slept in more than a day, contrary to safety guidelines for commercial drivers. Police believe that the tired driver may have caused the collision due to fatigue. This has led to criminal charges being filed against the truck driver who rear-ended the limo. The bus accident is still being investigated in hopes of fully determining the cause of the crash. Some have speculated that the tractor-trailer was speeding due to the fact that it caused a roll-over accident. Meanwhile, road safety experts warn that Walmart trucks have been involved in many accidents, causing hundreds of injuries and many wrongful deaths. Calls have been made to force the company to better train their drivers, enforce safety laws and improve their monitoring of dangerous driving. See further details about the truck versus bus rear-end collision here.

Illustrative photo by Amanda Bengtson (Flickr: International Wal-Mart Truck) [CC-BY-SA-2.0], via Wikimedia Commons

May 01, 2014 News
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Study shows misdiagnosis occurs regularly in doctor’s offices

A new research article published in a well-respected medical journal shows that doctors misdiagnose about 12 million adults every year in outpatient clinics and private offices. This is in addition to the hospital patients that are misdiagnosed by doctors on a regular basis. Even more concerning, the investigators explain that approximately 50% of the identified medical mistakes have the possibility to cause serious damage or illness, including wrongful death. A medical malpractice lawyer in New York City notes that he has worked with many victims of hospital errors and doctor’s mistakes. These cases of failure to diagnose often leave patients suffering with more severe illness, disability and pain. Even small delays in diagnosis can lead to catastrophic health consequences, such as spreading of a cancer or an infectious disease. These delays or failures can be attributed to many causes, such as inattentiveness by healthcare providers, illegible handwriting, poor continuing education, or even a facility that is trying to cut corners in order to save money. Patient care activists explain that doctor and nursing carelessness is a well-known problem that needs to be addressed more aggressively by private medical offices, public health clinics and hospitals alike. They say that proper oversight, education and full practice protocols are needed to improve the quality and safety of healthcare while preventing repeated medical negligence. See this article for more about the outpatient misdiagnosis study.

Illustrative photo by DoD [Public domain], via Wikimedia Commons

April 02, 2014 News
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New York State school bus safety program scheduled for April 3, 2014

New York – The state sponsored Operation Safe Stop program was created in order to prevent student pedestrians from getting hit by a car. Officials explain that many children have been struck by a vehicle when getting on or off their school bus, especially when they try to cross the street. Parents, police and lawmakers teamed up to improve safety for kids by passing driver safety laws and forming programs such as this one. The law in New York State says that it is illegal to pass a school bus that has its red lights flashing. This law applies to all vehicles, including cars, trucks and other buses. Many yellow school buses have added a red stop sign that swings out on the driver’s side when the red lights are activated. However, this is not necessary and the law applies even when there is no stop sign or if it is broken. The requirement to stop for a school bus with flashing red lights applies to vehicles approaching from in front of as well as behind the bus. It even applies to vehicles on the opposite side of a divided highway with many lanes as well as in school parking lots. Experts say that whenever the red lights are activated, it means that the bus driver is letting students on or off the bus, creating a potentially dangerous condition should the child run across the street. They note that the shorter height of kids prevents drivers from seeing them, especially when they walk out from behind a tall bus. The goal of the Operation Safe Stop program is to bring awareness to the law and the dangers of passing a school bus. Ultimately, organizers hope that the awareness program will prevent accidents, injuries and wrongful death by cracking down on reckless driving behavior. Police say that tickets with hefty fines will be issued to dangerous drivers that do not obey the law. If you witness illegal driving, such as illegally passing a school bus, contact the police to report it. If you or someone you know was injured due to a negligent driver, you have the right to contact an accident lawyer to discuss your case. Local police throughout the area are planning on participating in this safe driving program on April 3, 2014 with high hopes of preventing pedestrian accidents.

Illustrative photo by Bernd Moehle (Flickr: School bus) [CC-BY-2.0], via Wikimedia Commons

February 05, 2014 News
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MRI center on Long Island allows man into suite with metal

New York – An elderly man was allowed to enter the magnetic resonance imaging (MRI) room of an imaging center in Medford, New York while carrying a walker made from metal material. The strong magnet in the machine forcefully jerked the walker from his hands, causing him to slip and fall. The victim fell and hit his head, evidently leading to an intracranial hemorrhage and stroke only days later. The head injury and brain damage apparently soon led to the man’s death approximately two months later. The injury victim’s son expressed outrage about the incident and filed a medical malpractice lawsuit against those responsible. The case alleges that negligence on the part of the MRI facility’s staff caused a sequence of events that led to the patient’s wrongful death.

Healthcare experts explain that this type of medical error or accident is a known complication of MRI machines. MRI equipment creates an extremely powerful magnetic force that can pull metal objects across the room with enough speed and strength to cause injuries and death. Many cases have been documented of dangerous objects flying through the air in MRI facilities, including heavy steel oxygen tanks, ambulance stretchers, jewelry, pens or even belts and other articles of clothing. In addition, some medical devices can be a hazard when exposed to an MRI machine’s strong magnet. This can include cardiac pacemakers, aneurysm clips, metal surgical rods and screws, and medication pumps. The dangers of these devices shifting or being dislocated during an MRI must be taken very seriously when doctors and MRI staff select eligible patients. Yet another medical complication linked to MRIs is thermal burns caused by the powerful machines. Due to these dangers of MRI accidents, all establishments are required to maintain strict training and protocols to ensure patient and worker safety. This includes complete explanations to the patient, inspections and checklists to avoid anyone from bringing an unauthorized metal object that could cause an MRI injury into the suite. Some metal is allowed in if it is verified to not be attracted to strong magnets. According to a New York City medical malpractice lawyer, the responsibility to maintain patient and workplace safety remains with the staff and doctors of the MRI company. Read more about how to prevent getting injured during an MRI here.

Photo by English: Lance Cpl. Jonathan G. Wright [Public domain], via Wikimedia Commons

December 23, 2013 News
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Baby carrier device recalled due to danger of fall and injury

A trendy child carrying product, similar to a baby sling, has been recalled by the Playtex manufacturer due to concerns regarding the safety of the item. The company released a statement describing their concerns and the reason for the dangerous product recall. The plastic buckles that secure the safety straps on the pouch can break or crack, causing the baby to fall and get hurt. They stated that they had received 87 reports of the buckle failure before issuing the recall alert to the public. In fact, there were also at least two events where the child fell from the carrier and at least one where the injured child had to receive emergency medical treatment. Critics of the current hazardous product recall system say that action is only undertaken after considerable numbers of the products have been placed on the market and broken or otherwise malfunctioned. The companies leave it up to consumers to levy complaints against the merchandise’s lack of safety or outright dangers. Citizens are left to fight, to prove that a product broke and injured someone, and that the company should take responsibility for it. Some activists have pointed out that the consumer is left at risk until the Consumer Product Safety Commission or the company issue warnings or a proper recall of the item. Often, a recall is only issued once a victim has already suffered a personal injury or wrongful death. Even then, a recall can get held up with administrative red tape that continues to leave the public in danger. Independent safety specialists warn that product safety must become a more prominent issue well before someone gets hurt in an accident. Details about the current baby hip carrier recall can be found here.

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

August 04, 2013 News
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Doctors concerned about glucose test strip errors

Federal officials have issued a warning about potential medical mistakes that can occur from using a particular blood sugar test strip. The glucose test strips, commonly used by patients with diabetes, have been recalled due to incorrect results that have been occurring from their usage. The strips are used by placing them into an electronic glucose monitor with a small sample of the patient’s blood placed onto the strip. The lab test results that come back from the electronic monitors have been showing errors, usually indicating abnormally high sugar levels by mistake. According to reports, the medical-grade diabetic strips have been distributed in multiple regions, including the New York area. Consumers and medical professionals alike have expressed concern regarding the medical errors that may come from this dangerous situation. Patients and doctors make health care decisions based on the results obtained from the test, such as how much medication to take or even which medicine to prescribe. A doctor’s mistake can easily occur if the test result comes back high and the doctor or patient doesn’t properly recognize the signs and symptoms of high or low blood sugar. The product recall comes with a warning that medication errors or prescription mistakes must be considered for all patients that have been using the affected batch of incorrect blood test strips. Some have warned the public that serious adverse effects, including illness, disability and wrongful death can all be associated with the use of damaged medical supplies. The danger involved, especially for those with diabetes or risk of sugar abnormalities, is a serious one that should be discussed with your doctor or health professional. Consumers, doctors and nurses are advised to read up more about this medical product recall here.

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

July 23, 2013 News
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Amusement park accident involving dangerous roller coaster

A woman suffered a deadly fall from in a roller coaster accident this past week according to media reports. Investigations into the cause of her falling in the accident are ongoing but witnesses believe that the safety bar was broken. One bystander reported that the accident victim complained about the restraint system, saying that the mechanism wasn’t working properly just before the roller coaster car left the station. According to a specialist who inspects amusement park rides, safety issues and deaths like this most often occur when someone is negligent or makes a mistake. Community activists warn that better staff training and safety warnings are needed to prevent injuries or wrongful deaths at fairs and parks. Some worry that park owners don’t take safety seriously unless someone gets hurt or killed. Local safety advocates say that there are similar dangers lurking in the parks and fair grounds of the New York and New Jersey area. They note that local and state laws need to be scrutinized to make sure that public safety is maintained to the highest standards and to prevent accidents and injuries on rides like this. Various methods should be employed to prevent hazardous conditions that can lead to a fall or other accident. These include proper design of the rides, skilled installation of the machinery, vigilant inspections of the equipment according to manufacturer specifications and regular preventative maintenance. In addition, to prevent human error, extensive initial training and ongoing refresher training is needed for all workers involved with the rides. What concerns some observers in this serious accident is that the victim herself complained about the ride’s safety harness possibly being broken but no one inspected it before starting the ride. Some have questioned if this constituted negligence and whether or not negligent maintenance was involved. You can read more about the safety of amusement park rides here.

Photo by NeoUrfahraner (Self-published work by NeoUrfahraner) [GFDL, CC-BY-SA-3.0 or CC-BY-SA-2.5-2.0-1.0], via Wikimedia Commons

June 12, 2013 News
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Concern mounts over 911 dispatching errors in New York City

New York — The new 911 emergency call and dispatch system in New York City (NYC) was just installed a few weeks ago but has already been implicated in dangerous delays in ambulance responses. Reports have surfaced about a long delay in dispatching an urgent request for an ambulance for a pedestrian accident with a car this past week. The car accident occurred when an unlicensed teen driver tried to speed away from police in his SUV. The reckless driver hit two pedestrians, a young child and her grandmother, when he ran up onto a Manhattan sidewalk. Witnesses reported that the ambulance took too long to arrive at the car crash scene, where the victims suffered significant accident injuries. The child crash victim died soon after arriving in the hospital’s emergency room and some wonder if this could have been prevented. Some public safety specialists warn that the new 911 computer system is not working properly and needs to be fixed before more people are injured or killed. Reports continue to surface about other emergency 911 calls that have been delayed or lost for significant amounts of time by the new computer system. Some citizen activists and dispatchers explain that there have been calls that have been lost in the system for an hour or more but they feel that the administration refuse to acknowledge or correct the problems. Instead, they say, the dangerous condition has become folly for disputes between the city and emergency worker’s union. A top injury attorney noted that extended delays in dispatching police, fire and ambulance services may be construed as professional negligence and therefore be grounds for a personal injury or wrongful death lawsuit. Currently, the fire department commissioner claims that this mistake occurred when a dispatcher ignored the call for help that was clearly on her computer screen. Further investigation is underway with several experienced dispatchers insisting that the city is ignoring the real problem of serious computer glitches in the system. You can read more about the investigation and controversy into the new 911 dispatching system here.

Photo by Jason Pack (This image is from the FEMA Photo Library.) [Public domain], via Wikimedia Commons

June 06, 2013 News
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SUV crashes on Manhattan sidewalk following police chase

New York — The New York Police Department (NYPD) reported that a police chase in the Upper West Side of Manhattan ended in the fleeing car crashing into pedestrians two days ago. The police were chasing an SUV that was speeding away from a car stop but apparently lost control during the pursuit. Witnesses explain that the car crash occurred when the teenager suspect hit  wall and then struck two pedestrians, including one young child. The child, only 4-years-old, was fatally injured in the car accident and died at the hospital. The child was walking along the sidewalk with her grandmother who was also seriously injured in the SUV crash. The second car accident victim was also rushed to the emergency room of a local New York City hospital for treatment of her accident injuries. Witnesses report that the driver of the SUV hit the grandmother twice, the second time backing up into the woman, before he was stopped by police. Some residents placed partial blame for the injuries and wrongful death on the police officers who, they say, should have ended the pursuit earlier. The police department’s policy states that a police chase should be discontinued if there’s undue risk of injury or death to the officers or the public, while the fleeing suspect otherwise does not represent a clear and present danger. Criminal charges are being filed against the driver of the SUV but an accident lawyer explains that a personal injury lawsuit and wrongful death lawsuit may be filed as well. The legal expert also says that the police may be named as defendants in the civil lawsuit as well, if there’s evidence that they unnecessarily endangered the welfare of the citizens on the street. You can find out more about this pedestrian accident here.

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