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New York City Personal Injury Blog

Wrongful death suit filed after fall from escalator

A family is in mourning, and a community is reeling from the untimely death of one of its beloved members. A 29-year-old rowing coach fell to her death from an escalator inside the World Trade Center Oculus in New York. The woman’s mother has filed a wrongful death lawsuit against Allied Universal Security Services, the Port Authority and an unidentified security guard, claiming recklessness, carelessness and negligence in the death of her daughter.

According to witnesses, the victim fell about 30 feet from an escalator inside the World Trade Center Oculus and died several hours later at a nearby hospital. The mother claims her daughter was subjected to horrific terror while falling to the marble floor below. The suit also claims the woman suffered excruciating pain and suffering until she passed away.

Technology for preventing train crashes is already available

Train crashes, particularly Amtrak crashes, have been in the news a lot lately. For example, in December 2017, an Amtrak train in Washington state derailed. Three passengers died, and dozens suffered injuries. More recently in early February 2018, another Amtrak train crashed into a parked and empty CSX freight train in South Carolina. Two employees on the Amtrak train died, and more than 100 were injured. The crash was attributed to the lack of something called "positive train control."

However, it could be that a problematic safety culture is to blame more for these deaths and injuries.

Medical Malpractice: Bungled death declaration delays treatment

When a loved one dies of a heart attack, it is devastating for all involved. A family in New York is struggling to comprehend why a medical doctor pronounced their husband and father dead while he was still breathing. The family contends that the doctor failed to recognize several signs that the man was still alive. They are pursuing a medical malpractice lawsuit against the doctor and medical facility.

A 46-year-old man collapsed and was taken to DeGraff Memorial Hospital for treatment. An emergency room physician worked on the patient for 25 minutes before declaring him deceased at 8:29 p.m. The victim's wife maintains that there were signs of life in the man for two hours and 40 minutes afterward, including the rise and fall of his chest. A coroner, dispatched to collect the body, insisted the doctor re-check the patient because he saw him with his eyes open and breathing. 

Your carelessness may not have caused your slip-and-fall injury

When the weather includes ice and snow, it may be virtually impossible for New York businesses to fully prevent an occasional slick surface from showing up in their entrances. Knowing this, you are usually very careful to watch your step. However, in one distracted moment, your foot hits a wet spot, and you go down.

You may feel inclined to blame yourself because you were less than vigilant in the moment, but often, liability rests with the business owner in spite of your lack of awareness. After your fall, you may receive compensation if you can prove the following:

  • You sustained an injury.
  • The owner was aware that a dangerous condition existed on the property, or should have been aware of it, and did not eliminate the hazard or provide warnings of it.
  • The threat of a fall due to the failure to remove the danger was foreseeable to a reasonable business owner.

What is preeclampsia, and what happens if it isn't diagnosed?

Expectant mothers often worry about complications that could occur during pregnancy. While many complications that arise are not serious, others can be life-threatening for the mother and the baby. One of these life-threatening complications is preeclampsia.

Preeclampsia is a term that most women have never heard of before getting pregnant. Some pregnant women don't always hear about it, even if they have it, until it has become severe. This is because some medical professionals fail to accurately diagnose preeclampsia.

Lawsuit alleges work injuries include brain damage, more

On-the-job accidents in New York workplaces typically qualify for benefits through workers' compensation. However, when serious work injuries occur because of negligence, workers' comp may not be enough, and other responsible parties can -- and should -- be held accountable. In another state, for instance, a construction worker is suing a concrete corporation after he suffered a traumatic brain injury in the course of his work.

According to the lawsuit, the plaintiff was at work in his designated area, performing his job duties on Feb. 15, 2016. In the course of this work, he was on a walkway when an excavator's counterweight swung, striking him in the side of the head, per reports. This alleged negligence on the part of the defendant resulted in a number of serious and permanent injuries.

3 ways to prevent slips and falls

Fall injuries rise during the colder winter months as sidewalks and driveways are covered with snow and ice. The sparkling fresh snow can be beautiful to look at, but it can also hide trip hazards and make the ground slippery.

Each year over 32,000 people are killed by falls. Annually 2.8 million people are treated in emergency rooms for fall related injuries. For comparison, firearms only kill 13,000 people annually and 34,000 people are killed in fatal car accidents. Unintentional injuries, including falls, are the third highest cause of death in the nation.

Paralyzed child awarded $40M in birth injuries lawsuit

The birth of a child is often the most joyous occasion in any New York parent's life. Such an event should never be marred by preventable birth injuries, yet sadly, cases of negligent making serious errors still occur and can adversely affect a baby for the rest of his or her life. A recent medical malpractice case in another state Resulted in a sizable verdict recently.

A 6-year-old little girl's spinal cord was injured during birth due to the delivering doctor's negligence. According to reports, the infant had been in a position before birth known as footling breech. This is considered a complicated delivery, because it would involve the baby being delivered feet first, and it was alleged that the doctor did not have the education, qualifications or sufficient training to undertake the high-risk procedure. Despite this, he did so anyway, and apparently in what witnesses described as an aggressive manner, failing to adequately protect the baby's neck and head.

Veteran files medical malpractice suit for left-behind scalpel

New York patients place an enormous amount of trust in their health care providers when undergoing surgery or other invasive procedures. Unfortunately, that trust is sometimes misplaced. An Army veteran is pursuing a medical malpractice lawsuit after a surgical tool was left inside of him after surgery.

The 61-year-old veteran sought care in March 2017 after he suffered an unnerving dizzy spell. Attending doctors decided to perform an MRI on the man's head, but they were never able to complete the test. During the examination, he suffered sudden and severe abdominal pain that prompted doctors to halt the procedure and perform an X-ray instead. The results showed that a scalpel was lodged in his midsection. It had been left behind after his prostate surgery, which he had undergone four years prior.

Glenn Frey's widow files wrongful death suit

Beloved guitarist Glenn Frey might be most well-known for his time with the Eagles, but his name recently made headlines for something other than his music. Frey's widow is suing a New York hospital for what she says was the wrongful death of her husband. Her suit claims that both the hospital and an attending gastroenterologist were negligent in the care and treatment of the beloved music icon.

Frey was under the care of the named GI doctor between Oct. 2015 and Nov. 2015. The suit claims that during that time Frey was not properly diagnosed or treated for an infection, his ulcerative colitis went improperly treated and that the side effects and risks of treatment were not disclosed. As a result, Frey was left sicker than ever before.