New York Injury Lawyers Blog

August 30, 2017

As a “Textalyzer” Comes Closer to Reality in NY, Civil Rights Advocates Clash With Safety Groups

New York State may be the first state in the country to equip police with a Textalyzer, meant to check whether a driver was using his or her phone immediately preceding a crash. Governor Andrew Cuomo has directed the Governor’s Traffic Safety Committee to study the technology and the inevitable issues it could create for New York residents’ privacy and civil rights. Texting, or otherwise using your cell phone, is illegal in New York and violation of this law carries five driver violation points. There is an exception for hands-free calling.

The term, a play on the age-old breathalyzer which tests the blood alcohol content of potentially drunk drivers, is meant to function in a similar manner. After a vehicle accident, police would arrive on the scene and plug the Textalyzer into the driver’s cell phone. After about a minute, the Textalyzer would respond with whether the driver was texting, emailing, surfing the web or otherwise violating New York State’s hands-free drive law. Also similar to a breathalyzer test, refusing the roadside test could result in the mandatory suspension of the driver’s license. Continue reading

August 29, 2017

Despite Four Dead Patients and Ten Malpractice Suits, Hospital Stands by Money-Making Surgeon

by Gallivan & Gallivan

Despite a litany of problems surrounding Dr. Ira Kirschenbaum’s tenure as Head of Orthopedic Surgery at Bronx-Lebanon Hospital, the Hospital has refused to sanction the surgeon.

In fact, Kirschenbaum had already settled three malpractice suits before he was even recruited by the Bronx-Lebanon to lead their Orthopedic Surgery department – two more were still pending at the time of his hiring. In New York, any doctor that settles three malpractice suits in a 10 year period receives a “note” on their Department of Health public profile. Dr. Kirschenbaum has received such a note as well as a 1-million-dollar-a-year job at Bronx-Lebanon. According to the New York Post, the President of Bronx-Lebanon, Miguel Fuentes, recruited him even over the objections of the chief of surgery. Continue reading

August 29, 2017

Scrutiny Grows As More Surgeons “Double-Book” Surgeries

by Gallivan & Gallivan

The practice of concurrent surgery, or “double-booking,” where a surgeon performs or presides over two patients during the same period of time, has become more popular in recent years. As the practice has become more common, scrutiny by regulators and patient advocates, as well as lawsuits by injured patients, have also increased. These opponents of the procedure say it is unsafe, unregulated, and done primarily to line the pockets of surgeons. Surgeons advocating the practice retort that “double-booking” is a safe and efficient procedure.

Double-booking has been a common practice at teaching hospitals across the country, where senior attending surgeons delegate procedures to residents or fellows. The residents or fellows will perform one part of the surgery while the surgeon operates on another patient in a separate operating room. Because double-booking requires the surgeon to constantly shuffle between operating rooms, the practice is known as “running two rooms” in the medical community. Senior surgeons may also see patients, or otherwise leave the operating rooms altogether. Continue reading

August 9, 2017

As Cell Phone Use Remains Constant, Distracted Driving Is Increasingly a Factor in Car Crashes

by Gallivan & Gallivan

Despite almost universal state laws discouraging the practice, Americans are still refusing to put down their phones while in the car. Cell phone usage, especially text messaging, and distracted driving continue to be contributing factors in car crashes. The need to stay in contact all the time is especially high among young twenty-somethings. In New York State, residents between the age of 21 and 29 make up only 15 percent of the state’s drivers, yet they are involved in 37 percent of crashes involving cell phone use and 24 percent of crashes involving distracted driving. Continue reading

July 17, 2017

After Leg Amputation Caused by Hospital Delay, Man Sues

by Gallivan & Gallivan

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