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New York City Personal Injury Blog

Birth injuries like cerebral palsy require ongoing care

New York parents facing the consequences of a birth injury may have many concerns and questions about what to expect as their children grow. Birth injuries such as cerebral palsy present unique circumstances and risks that often require a lifetime of monitoring and care. In addition to physical issues, CP may present social and developmental issues.

Perhaps most obviously, the health issues facing CP patients are those involving the musculoskeletal system. However, some victims of this birth injury suffer from gastrointestinal illnesses, especially acid reflux, constipation and some bladder problems. Any of these could lead to serious complications. Children with CP may have difficulty managing their saliva, either by excessive drooling or aspirating, which often leads to lung diseases.

Wrongful death claim following football training accident

When high school football training starts, many New York parents eagerly anticipate the opening of the season. Even those with no children on the team may enjoy the spirit of the game and return to their old stomping grounds to relive the stadium atmosphere. However, for one family, that excitement will not come this year, following a tragic accident that may lead to a wrongful death claim.

The parents of a 16-year-old high school junior are undoubtedly in shock following the incident. During a military-type conditioning drill, the boy and his teammates carried a log over their heads. For unknown reasons, the log slipped from the boy's hands and dropped onto his head. Emergency responders transported the student to a hospital where he was pronounced dead from his injuries.

Failure to order C-section leads to birth injuries lawsuit

The birth of a child, which is often a dream come true for parents, could become their worst nightmare if mistakes are made by medical staff in the delivery room. No family in New York or elsewhere wants to see their newborn suffer life-changing birth injuries that could have been avoided. A family in a neighboring state recently filed a medical malpractice lawsuit, alleging medical negligence at the time of their baby's birth.

The parents filed the claim on their own behalf and that of their child. The complaint states that the mother went into the medical facility to give birth in Aug. 2014, at which time the defendants allegedly failed to accurately estimate the size and weight of the fetus. The plaintiff claims that, due to this error, the defendants failed to order a Cesarean section delivery, which would have prevented the birth injury.

Medical malpractice: Man awarded $3.2 million after wife's death

When accidents occur in New York and result in injuries, the aftermath may be an overwhelming time for the family members of victims. Typically, family members may feel relief once patients have stabilized from their injuries, but unfortunately, risks are present along every stage of the healing process. One man in another state was recently awarded $3.2 million in the medical malpractice lawsuit he filed regarding the care his wife received in the days following her surgery.

His wife was in a car accident that resulted in multiple injuries. She required surgery for her many broken bones and internal injuries, but appeared to be stabilized. Understandably, physicians prescribed medication for any pain she felt, but they prescribed three different types of narcotics. Narcotics have a known risk of resulting in respiratory depression if too much is consumed.

New York truck accidents caused by cell phone use

For many, having a cell phone in their hands is almost second-nature. In fact, some may pride themselves on being able to multitask, handling important responsibilities while tending to matters on their mobile devices. Unfortunately, if one of those important tasks is operating a motor vehicle, the chances of car and truck accidents increase. One New York truck driver is facing serious changes after police say he was driving while distracted.

The man drove a box truck on the Thruway one morning when his truck rear-ended a smaller vehicle, pushing it into numerous other cars. According to photos of the scene, the truck appeared to come to rest on top of the car. The 45-year-old driver of the car died at the scene, leaving behind two small sons.

Should you call a lawyer when a loved one dies in an accident?

Dealing with the death of a loved one is difficult under any circumstance. It can be even more challenging when you suspect the death happened due to someone else's negligence. With enough to worry about, you may wonder if you should put in the effort to pursue a wrongful death case.

The answer is yes. While money cannot bring back your loved one or heal your pain, it can alleviate a lot of stress by reducing the far-reaching financial consequences. Holding the responsible party accountable can prevent others from going through this experience, as well. Usually, negligence coming to light and having to pay damages encourage the person or company to be more careful to prevent future accidents.

Wrong diagnosis and cover-up lead to medical malpractice claim

Patients place their trust in doctors, relying on the skill of a physician to properly diagnose and treat an illness. When receiving a diagnosis of a life-threatening ailment, a New York patient may be more likely to agree to radical procedures to improve the chances of survival. However, if that diagnosis is incorrect, the patient may end up a victim of medical malpractice.

A woman in another state was diagnosed with a pancreatic tumor. Without radical surgery to remove the affected organs, patients with such tumors typically die within five years. The woman agreed to an operation to remove her pancreas and numerous other parts of her body. Later, upon examination of the excised tissue, multiple pathologists agreed that no cancer had been present. When one of the pathologists reported the diagnostic error to the hospital's accreditation board, he claims the hospital took retaliatory action against him.

Work injuries decline for all but older workers

Across the country, safety advocates and workers alike may be joyfully sharing the latest news regarding injuries and fatalities in the workplace. According to the latest government statistics, overall fatalities from work injuries in New York and several other states have declined. However, a closer look at the data shows a darker side to the research.

While the rate of fatal accidents declined by 22 percent, the study shows that nearly 35 percent of those accidents involved workers over the age of 55. In fact, over the past decade, the rate of fatal workplace accidents for that age group was as high as 65 percent greater than the rate for all workers. The trends show that the number of older people in the workplace increased by 37 percent in that same time period, and continues to grow.

Medical malpractice suit alleges failure to diagnose stroke

A man in another state recently claimed that medical professionals did not diagnose his stroke appropriately back in 2015. As a result, he has decided to file a medical malpractice lawsuit against two physicians and two medical centers. When patients in New York and elsewhere are harmed by the actions of medical professionals, they have the right to take legal action.

In the out-of-state case, the plaintiff claimed that he had displayed symptoms indicating that he was suffering from a stroke one day and thus was transported to the hospital. However, one doctor on the man's stroke team allegedly misdiagnosed the man as having a transient ischemic attack. In addition, another doctor on the stroke team failed to arrive at the medical center until 15 hours following the plaintiff's arrival.

Wrongful death claim possible when no criminal charges are filed

The point of taking safety classes is to be able to perform some activity with less chance of having an accident. For example, those learning to hunt or ride motorcycles typically take safety classes so they can enjoy the activity with greater knowledge of how to handle dangerous situations. Unfortunately, a family in New York is mourning the loss of their son whose death tragically occurred while he was taking a boating safety class. While no criminal wrongdoing is suspected in his death, there may be cause for a wrongful death action in civil court.

The 12-year-old boy and two others in the yacht club class were learning what to do if a boat capsized and sank. As part of the course, the boat was intentionally capsized, and the boy and his instructor were in the water. A second instructor then came along in an inflatable, motorized rescue boat and pulled the boy on board to take him ashore. However, when the 18-year-old instructor accelerated his boat, the boy slipped off and was struck by the boat's propeller blade.