New York Injury Lawyers Blog

July 17, 2017

After Leg Amputation Caused by Hospital Delay, Man Sues

On September 22, 2015 Delfino Cuautle was forced to have his leg amputated after a series of bureaucratic errors at two different New York City hospitals led to a 13-hour wait and a fixable medical problem turned into a mandatory amputation. Alleging medical malpractice, Cuautle is suing for $24 million in damages caused by the hospitals.

On the day of the amputation, Cuautle was hit by a car at 6 AM on Coney Island. The EMS was on the scene within 3 minutes and took Cuautle to Coney Island Hospital. Within an hour of arriving at the hospital, doctors determined there was no blood in Cuautle’s legs – which were cold to the touch. After performing a CT scan, doctors said “emergency surgery” was necessary to save the limb. Because Coney Island Hospital did not have a surgeon that performs the specific procedure Cuautle needed, med-error it contacted a “transfer hotline” at Kings County Hospital– which is legally obligated to answer after three rings. Kings County Hospital did not pick up and Coney Island Hospital was forced to leave a message. Cuautle was eventually transferred at 2 PM – a full eight hours after the accident, and in violation of New York state law requiring hospitals to perform transfers in 30 minuts or less. Continue reading

July 13, 2017

Lavern’s Law Passes in Albany; Will Help Victims of Misdiagnosed Cancer

by Gallivan & Gallivan

The New York State Assembly passed a bill meant to help victims of misdiagnosed cancer by changing the time period which a lawsuit can be filed. If the bill were signed into law, and Gov. Andrew Cuomo said he intends to sign ‘Lavern’s Law,’ a cancer patient who was misdiagnosed would have two-and-a-half years from the date he or she discovered the misdiagnosis to bring a lawsuit – as long as seven years has not passed since the date of the misdiagnosis.

Under the current law, a victim of medical malpractice has two-and-one-half years to bring a lawsuit. The problem with the current law, according to legal scholars, is that victims of medical malpractice are often unaware that they have been misdiagnosed or mistreated. Therefore, victims can be time-barred from seeking a legal remedy through no fault of their own. Continue reading

July 13, 2017

Mayor De Blasio Close to Increasing Training Requirements for Construction Laborers

by Gallivan & Gallivan

Mayor Bill de Blasio and union leaders are set to increase the amount of training hours required for construction laborers. Under the new regulations, all workers will be trained between 54 and 71 hours and supervisors will be trained an additional 30 hours.

In addition, certain workers will be required to undergo “task specific training” which could total 242 hours of training. More specifically, any laborers who will be working in “confined spaces” will need two to 16 hours of additional training. Rigging safety and suspended scaffold workers will need an additional 16 hours of training, their supervisors will require an additional 32 hours. Ten hours of additional training will be required for “excavation, demolition, and perimeter protections.”

The move by City Hall comes in response to an uptick in injuries and deaths on construction sites. The New York Committee for Occupational Safety & Health recorded 25 construction fatalities in 2015, an alarming rise from the 17 recorded in 2015. Mayor de Blasio is reportedly “very upset” whenever a fatal accident happens at a construction site. According to Politico, the Mayor “yells at staff whenever a death occurs.” Continue reading

June 20, 2017

Dentist and Nurse Convicted of Operating Without License

by Gallivan & Gallivan

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.