New York Injury Lawyers Blog

June 20, 2017

Dentist and Nurse Convicted of Operating Without License

According to the Attorney General Schneiderman, both a (former) dentist and nurse have been convicted of operating without a license. The dentist, Alexander Hollander, 70, was convicted by a Kings County Supreme Court jury of “Unauthorized Practice of a Profession” in violation of the New York State Education Law – a Class E Felony.

Alexander Hollander, 70, was originally a licensed dentist, however, he lost the authority to practice when he was convicted for Grand Larceny in the Third Degree and “multiple other felonies” related to Medicare fraud. Despite losing his dentistry license in 2000 for these convictions, Hollander continued to practice dentistry at the 7^th Avenue Dental Office P.C. located at 5610 7^th Avenue, in Brooklyn, NY.

June 13, 2017

State Legislatures Toughening Laws on Distracted Driving

by Gallivan & Gallivan

While most states have laws banning “texting while driving,” states are increasingly strengthening enforcement and penalties for so-called “distracted driving.” In 2016, auto accidents and fatalities increased by 9 percent. As a consequence, in 2017, states have taken varying approaches to solve the problem of distracted driving – which often results in accidents.

The states of Iowa and Washington have enacted the strictest laws against “distracted driving” in the country. Now, a violation (texting or calling – without a hands-free device) will move from secondary enforcement to primary enforcement. This means that police officers will not have to witness a secondary violation (such as speeding, failure to signal, etc.) before pulling a car over and issuing an additional ticket for texting or calling while driving. Instead, if a police officer witnesses a driver texting or placing a phone call, they will have the right to pull that driver over immediately and issue a ticket.

June 12, 2017

How to Teach Your Teen to Be Safe Behind the Wheel

by Gallivan & Gallivan

Make Sure Your Teen Hears You

The best advice in the world means nothing if your teenager does not listen to you – so it’s important to pick the right time, place and setting. First, pick a time and place where you can naturally ease into the conversation about driving – your teen will likely be excited about driving, but you want them to remain calm and collected during the conversation, so try to bring it up naturally. Next, be sure to ask your teen questions, such as: What do you think about how that car just swerved around three lanes of traffic? This can be a good opportunity to provide practical, wise advice about how a person should or should not drive. Lastly, there is no better way to make sure your teen hears you than to lead by example! Show your teen what good driving habits look like, and they will be sure to emulate!

Provide Good Driving Advice

June 11, 2017

Hospital Charges Vary Wildly for the Same Services, Often Higher for Vulnerable Groups

by Gallivan & Gallivan

In an analysis of Medicare billing records from 2,700 hospitals in 2013, the Journal of the American Medical Association (JAMA) found that emergency departments charged between 1.0 and 12.6 % higher prices compared to what Medicaid paid for the same treatments. The disparity between the fees paid by Medicare patients and other patients were especially high when performed by emergency medicine physicians (an average markup of 340 percent) compared to internal medicine physicians (an average of 110 percent markup). The higher markups for patients were more commonly seen in: (1) for-profit hospitals, (2) hospitals with a greater percentage of uninsured patients, and (3) location – with the Southeastern and Midwestern United States having the highest markups.

Unfortunately, these higher prices for the same services hit those with the least ability to pay – those that are uninsured or a member of a minority group. In short, insurance companies often “negotiate” the prices of hospital services. Therefore, when an insured person receives a procedure at a hospital – the insurance company will pay a lower pre-negotiated fee to the hospital, the insurer will then “kick in” their share of the payment, and the patient is left with a price that has been both negotiated lower and discounted by the insurance company’s payment. A person without insurance faces a different situation. First, they do not have an insurance company to negotiate lower prices for them. Instead, the hospital sets the rates (always higher than an insured person would pay). The hospital uses a complex algorithm with a goal of hitting certain profit targets, while also taking into account the expected collection rates of uninsured patients. This algorithm changes daily – therefore, an uninsured person is never exactly sure how much their procedure will cost.

June 6, 2017

Can Firefighters Sue a Homeowner if They are Injured Fighting a Fire?

by Gallivan & Gallivan

On May 31, five firefighters were injured after a home in White Plains, New York caught on fire. The two-story home, on Milford Drive, caught on fire at 3:47 A.M – the same time that their fire alarm system alerted emergency services. While the family fled the home safely, about 20 firefighters responded to the incident, which had started in the basement and spread to the first and second floor of the home by the time the firefighters had arrived. Unfortunately, one firefighter was inside of the building when the first floor (and consequently, the second floor) collapsed. The four firefighters that helped removed their immobilized co-firefighter were also injured in the fire. On whether anything suspicious could have caused the fire, Wilson Plains Fire Chief Richard Lyman said, “We don’t rule anything out” – adding that “[The house] is going to need quite a bit of renovation. It’s going to need quite a bit of work.”

Under New York Law, specifically General Municipal Law Sections 205-a, firefighters have some legal protection in the event that they may be injured while “on the job.” This is a rather distinct departure from traditional treatment of firefighters (and police officers, for that matter.) Formerly, firefighters were to have assumed the risks inherent in the performance of their duties – solely by choosing to take on that occupation. Therefore, under the old rules in New York – it would have been very difficult to petition the court for any compensation from damages suffered while in the performance of a firefighter’s duties.

Since 1996, however; the so-called “Firefighter’s Rule” has been somewhat weakened by the New York State Legislature. Now, a firefighter may sue private defendants, and private defendants only – meaning, basically, that a firefighter cannot sue his fire department (in a similar vein, a police officer cannot sue his police station.)

June 1, 2017

Summary of Sit-down with Police Officer with Most DWI Arrests in New York

by Gallivan & Gallivan

Police Officer Jason Behar has the impressive distinction of issuing the most DWI (Driving While Intoxicated) in the State of New York. The Port Chester Officer had issued 128 DUI arrests in the last year. Behar says that he is motivated to locate drunk or otherwise intoxicated drivers because of the “numerous accidents, some involving deaths.” The Port Chester Police Chief Richard Conway said, “We’re really proud of him, it was a great individual effort.”

When describing how Behar locates so many drivers under the influence, he states there are several “tip-offs” – driving with no lights on, hugging the line, and swerving back and forth. To avoid a DUI, Behar suggests to basically just “Don’t do it.” Adding that taking a cab, an Uber, or not drinking above the legal limit. Behar also has advice for sober drivers – “…. pull over the side of the road and stay away from erratic drivers. There’s an element of danger just being around a drunk driver.”

May 24, 2017

Fired Doctor Wins Lawsuit for Whistle-Blowing on Hospital’s Practice of “Double-Booking” Surgeons

by Gallivan & Gallivan

Dr. James Holsapple, a prominent neurosurgeon was illegally forced out of his previous job at a New York Hospital, according to a judge. Holsapple blew the whistle on the practice of “double-booking” surgeons – where a senior, more competent surgeon would essentially oversee two junior surgeons. These junior surgeons perform the “bulk” of the surgery, while the senior surgeon shuffles between operating rooms and oversees the operations.

In this instance, Dr. Ross Moquin, a specialist in complex spine surgery was hired in 2006. Dr. Moquin was given permission to “routinely oversee two simultaneous surgeries in adjoining rooms.” Holsapple “raised immediate concerns” because he believed that the assisting surgeons were insufficiently qualified and that if there were to be any complications in the surgery, Moquin may be delayed in the other operating room and unable to assist with the surgery.

May 10, 2017

Injuries from Falls in the Construction Industry are on the Rise

by Gallivan & Gallivan

Falls are becoming a more common cause of injuries in the construction industry. Between 2011 and 2015, the annual number of falls has increased by 36 percent – an increase from 781 falls in 2011 to 985 falls in 2015. According to the Center for Construction Research and Training, the rise in construction accidents is likely attributable to a rise in construction from an improving economy. From a demographic standpoint, these injuries are most common in Hispanic workers, foreign-born workers, workers over the age of 55, and roofers. Geographically, these injuries from falls are specifically concentrated in urban areas – such as Los Angeles and New York.

Hispanic workers are much more likely to die from construction-related accidents than non-Hispanic workers. In a survey by The Center for Construction and Research and Training, Hispanic construction workers have a fatality rate of 4.9 per 100,000 workers, while white non-Hispanic workers have a fatality rate of 3.0 per 100,000 workers. Foreign-born and older workers also have an elevated risk of dying on a construction site – at 3.7 deaths and per 100,000 workers. Workers over the age of 55 are the group most susceptible to falls – accounting for 31 percent of falls, at a rate of 8.1 per 100,000 workers.

April 10, 2017

Study Finds Pedestrian Fatalities Are Up 25%

by Gallivan & Gallivan

The Governor’s Highway Safety Association (GHSA) reports that the number of traffic deaths has increased by 6 percent in the last five years. Even more alarmingly, the number of pedestrian fatalities has increased by 25 percent over the same period of time. Pedestrian fatalities now account for 15 percent of all traffic fatalities – up from 11 percent in 2011. The State of New York currently ranks 25^th in pedestrian fatalities. New York City, as the largest city in the country and most pedestrian-friendly, unsurprisingly has the most pedestrian fatalities. New York City had 131 pedestrian fatalities in 2015, the second-highest city for pedestrian fatalities was Los Angeles which had only 85 in the same year.

The GHSA Report states that the increase in pedestrian fatalities is most likely due to more people choosing to walk or bike. Spurred by the health, environmental and economic benefits – walking and biking have become more popular in recent years. According to the Government Accountability Office, almost one million more people are choosing to walk or bike to work compared to 2005.

March 27, 2017

Second Department: Primary Care Physician Retains Duty to Patient After Sending to ER

by Gallivan & Gallivan

On December 9, 2008, Paul Lindebaum went to his primary care physician care physician complaining of stomach pains. The physician, Dr. Richard Federbush, recommended that Lindebaum go to the emergency room at Long Island Jewish Medical Center for testing. Lindebaum complied with his doctor’s orders and the next morning faxed over the test results to Federbush. After looking over the test results, Federbush diagnosed Lindebaum with colitis and recommended he take the antibiotics he had been prescribed at the emergency room at Long Island Jewish Medical Center.

Unfortunately, Federbush had misdiagnosed Lindebaum and his condition was more serious than colitis – Lindebaum had an abscess, which subsequently infected his brain, causing permanent brain damage. Lindebaum’s wife was granted power of attorney and sued the Long Island Jewish Medical Center and Federbush.