New York Injury Lawyers Blog

William Heisel, of the website Reporting on Health, has recently finished an investigation into the the records of medical boards across the fifty states and the District of Columbia. Heisel initially set out to chronicle questionable practices of doctors for the site. What he found throughout his research is much darker.

With the survey now finished, he has detailed a disturbing number of problematic cases nationwide among practicing physicians, ranging from DUI to sexual abuse. Most astonishing is that the majority of the physicians listed in Heisel's study, a shocking 82 percent, are still actively practicing. Perhaps Heisel's research will lead to an increased awareness among medical boards of the dangers of omitting disciplinary action against doctors found to be in violation of rules and common sense.

Heisel's regular reports can be found here.

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Lessons Learned As 'Doctors Behaving Badly' Tour Ends, NPR, Scott Hensley, December 29, 2010

A 79 year old Manhattan woman recently reached a pre-trial settlement for $300,000 after tripping and falling outside the defendant's building, breaking her humerus. The plaintiff cited a 15/16ths of an inch height differential in sidewalk flags outside the defendant's building. Settlement was reached despite contention from the defendant that he had no notice of the minimal height differential. Prior notice, whether actual or constructive, must be proven by a plaintiff in order to prevail in a slip and fall case.

One possible motivation for settlement for the defendant was the plaintiff's claim of permanent disability due to the resulting fracture after the fall. Regardless of motivation, the case is now settled, and certainly the defendant can now consider himself on notice about the height differential in the sidewalk outside his building.

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jvra.com

Starting this past Monday, the New York City Police Department has begun providing data on misdemeanor crimes on the official NYPD website. The information on misdemeanor crimes and violations will serve to supplement statistics on major crimes already available on the Department's website. One driving force behind the release of this new data was a perception from some analysts that New York's declining felony rate was due to an increase in the downgrading of certain crimes from felony to misdemeanor. Paul Browne, a police spokesperson, noted the symmetrical decline between felonies and misdemeanors over the past decade as evidence that this was not the case. "This contradicts assertions that felony crime statistics declined as a result of downgrading to misdemeanors, which would have experienced corresponding increases," Browne said.

While some critics of the move have called for an independent, external audit of crime statistics, this move by the NYPD is certainly a step in the direction of public disclosure of a broader range of crime statistics available to the general public.

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Answering Critics, Police Release Minor-Crime Data New York Times, Al Baker, December 28, 2010

Producers canceled the Decemeber 22nd matinee performance of "Spider-Man: Turn Off the Dark" after stunt actor Christopher Tierney plunged from an elevated platform during the December 20th performance in New York. Tierney fell approximately twenty feet from the platform into the basement beneath the stage.

Tierney is the latest of four Spider-Man performers to be injured since September. As a result of the workplace accident, he suffered internal bleeding and broken ribs, and was taken to Bellevue. This latest accident has led to investigations from federal and New York inspectors, and the Actor's Equity Union.

Rick Miramontez, spokesman for the production, said via email, "The production knows exactly what happened at Monday's performance, and it is being dealt with." He added, "additional redundancies are being put into place to ensure that will never happen again." Leo Rosales, a spokesman for the state safety inspectors, was awaiting details on safety protocols and procedures from the production. According to Rosales, the state was not authorized to shut down production during an on-going investigation.

Depending on the specific factual circumstances, Tierney may be able to collect damages in addition to Worker's Compensation if it is determined that the fall was due to the negligence of a third party (not his employer).

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'Spider-Man' Matinee Is Canceled, The New York Times, Patrick Healy, December 21, 2010

New York State Police are seeking witnesses in a fatal DWI crash that left Daniel Macalena dead early Saturday morning. According to State Police Investigator Matt Manza, Macalena, of Wappinger's Falls, had stopped his vehicle in the center lane of the Sprain Brook Parkway just south of the Jackson Avenue exit when he was struck from behind by Henry Dobson of Nyack. Tragically, Macalena was pronounced dead at Westchester Medical Center shortly thereafter. Dobson has been charged with misdemeanor driving while intoxicated (DWI), with other charges pending.

State Police are looking for witnesses to the accident. Anyone who saw Macalana's 2001 Nissan Altima stopped on the parkway, or anyone with other details of the accident, should call 914-769-2600 and ask for an investigator.

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More charges pending in fatal DWI crash on Sprain in Yonkers; cops seek witnesses The Journal News, Stacy A. Anderson, December 20, 2010

A downtown New York lawyer is suing the city of New York and the NYPD for $400,000 in damages after two officers mistakenly thought that he was attempting suicide. Mark Moody was smoking a cigarette on the ledge of his second story Peck Slip apartment when two officers stopped their car and asked Moody if he was going to jump. Although Moody explained that smoking on his ledge was his normal routine, the officers allegedly entered the apartment, subdued Moody, and sent him via ambulance to Beth Israel Medical Center. His alleged injuries are currently unknown. Moody was examined and released by the psychiatrist on call.

Paul Browne, spokesman for the NYPD, said, "Police responded to a 911 call of an emotionally disturbed person at the location. When police arrived, they observed the male sitting on the ledge talking erratically. Police Emergency Service officers were called, and the person was removed to the hospital for observation."

"I wasn't doing anything," Moody said. "Maybe it should be a crime to smoke a cigarette, but at the moment it's not."

The basis for Moody's lawsuit is likely the use of excessive force by the NYPD and/or a violation of his civil rights.

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Cops take 'suicidal' window ledge smoker to psych ward

New York Post, Kathianne Boniello, December 19, 2010

Police are looking for the driver of a late-model Mercedes Benz that struck and critically injured a pedestrian early Sunday morning in White Plains. Raul Rios, a 23 year old firefighter, was hit at approximately four a.m. while crossing East Post Road. Two witnesses who rushed to Rios' aid were subsequently struck by a separate vehicle driven, according to police, by White Plains resident David Bautista. Police apprehended Bautista shortly thereafter and charged him with misdemeanor DWI and leaving the scene of an accident. The two good Samaritans were treated and released from White Plains Hospital Center. Rios is still in critical condition at Westchester Medical Center.

White Plains Police Commissioner David Chong released a statement saying, "we feel that because of the number of people on the streets, somebody may have seen the car and maybe even got a partial license plate number. We're hoping that anyone with information will get in touch with us." The police department has also released video footage and a photo of the suspected vehicle to aid in the effort to bring the driver to justice.

Police have asked anyone with information regarding the hit and run to contact the Detective Division at 914-422-6217 or 914-422-6223. Calls will be kept confidential.

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Cops: 3 struck by 2 cars; motorists fled The Journal News, Richard Liebson, December 20, 2010