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The attorneys at Gallivan & Gallivan provide effective, aggressive representation to individuals injured in the New York area. Our priority is to maximize the recovery of our clients injured due to the neglect of others.

According to a watchdog organization, New York has the 47th worst record in the United States when it comes to hospital safety. New York’s ranking has been in a slow decline – dropping a full seven spots in the last five years.

The watchdog group, Leapfrog, was founded by healthcare employers and unions wanting to provide more public information about patient experiences at hospitals. Among other factors, the group considers the rate of medical errors, injuries and infections, and patient satisfaction.

According to LoHud.com, the group is “widely considered among the toughest graders” and gave 15 hospitals an “F” rating this year. Most hospitals receiving a failing grade catered mostly to low-income, minority groups. Of the hospitals that Leapfrog failed, almost 90 percent were rated “average” by Medicare and Medicaid. Continue reading

Medical errors are gaining more attention as a whopping one-fifth of Americans admit to having personally experienced one. At the same time, Johns Hopkins University has released a new study that reports medical errors may be the third highest cause of death in America. With America’s healthcare industry continuing to reshape itself, healthcare advocates worry that unintentional harm caused to patients may not be receiving enough attention.

med-errorIn a survey of over 2,500 Americans by the Institute for Healthcare Improvement/National Patient Safety Foundation, most Americans reported generally positive experiences with the healthcare system. However, a full 21 percent reported that they had personally experienced a medical error. According to the survey, the most common errors were related to a person’s diagnosis and were most common in an outpatient care. Continue reading

After a Central Park tree fell on top of a woman, causing significant injuries to her and one of her children, she is now planning to sue the city.  After filing notice with the city, an important and time-sensitive measure whenever seeking to sue a municipality or city in New York, the mother, Anne Goldman, raised concerns about how the city maintains the parks in New York’s most famous park.

tree-fallingThe amazing story took place near 62nd Street on the west side of the park. Goldman was walking with her three young children. Then, according to Goldman, she sacrificed her own safety to protect her children as the giant tree fell on the path.  Goldman’s injuries were the most horrific and the first responders at the scene said she was in and out of consciousness when they arrived. According to her lawyer, she is “not allowed to move her neck for at least two to three months… She can’t pick up her baby, she can’t breast-feed, she can’t do her job.” Goldman says she is in immense pain and her life has been turned “upside down.” Doctors are not sure if she will ever be able to walk normally again. Continue reading

After being pushed off a third-story balcony and then dragged on stage at a concert, a young fan is now paralyzed and suing the rapper and venue for his injuries. The 23-year-old fan, Kyle Green was attending a Travis Scott concert who is known for his over-the-top antics at concerts. This charged and amped-up atmosphere has led to Travis Scott becoming one of the most sought after artists, but is now being blamed for forcing Green to spend the rest of his life in a wheelchair.

riotWhile attending rapper Travis Scott’s concert at Manhattan’s Terminal 5, Green says he was pushed off the third-floor balcony. Then, according to video from the night, Green was lying still on the floor when Travis Scott told the security guards that surrounded him to, “Pick him up. Put this ring on his finger.” The security guards then picked up the young man, who had just fallen three stories, without a neck brace or backboard, and amazingly took him to the rapper’s stage. Continue reading

According to a new lawsuit, two federal prison guards in Brooklyn allowed a gang member to attack a fellow inmate causing horrific damage. The injured inmate, Rafael Lopez, alleges in his new lawsuit that the Metropolitan Detention Center knew that Douglas Mendoza was a disturbed person and affiliated with the notoriously violent MS-13 gang.

prison-assaultThe alleged attack took place in September 2016 when Lopez was watching a baseball game in the community room of the Sunset Park prison. Mendoza, who is in prison for murder, then changed the channel. According to Lopez, this sophomoric power play was meant to increase Mendoza’s status among his fellow gang members. After a brief argument, Lopez said that everyone calmed down until Mendoza returned with a sock filled with padlocks. Mendoza then brutally battered Lopez, all within full view of two security guards. Refusing to intervene, a riot squad eventually stopped the bludgeoning. Lopez was left with broken ribs and a lacerated kidney. Unable to protect him from Mendoza, the prison put Lopez in “special housing” for three months before transferring him to another federal jail.  Continue reading

A jury returned a verdict in favor of a Brooklyn mother in the amount of 26 million dollars after an understaffed hospital recklessly sent the pregnant woman home without proper monitoring.  Speaking to the New York Post, the mother, Danielle Madden Buck, described Maimonides Medical Center as a “baby mill” that brushed away her complaints ultimately leading to an early birth for her twins, Aleigha and Madelyn, weighing only l.5 pounds each.   Madelyn died a month after birth, Aleigha is still alive but is deaf and cannot speak, along with a host of other medical issues. The jury agreed with Buck that if it were not for Maimonides Medical Center’s negligence then at least some of the twins’ health problems could have been mitigated.

The events leading the lawsuit began on February 9, 2010 when Buck went to Maimonides Medical Center with cramping and spotting. Because the hospital was allegedly understaffed, only a medical resident (student still training to be a doctor) was available to see Buck. The resident promptly sent Buck home. When the cramping and bleeding became worse later in the day, Buck went back to Maimonides only to be sent home again.  Continue reading

Despite its reputation for progressive politics, New York City is failing its residents with physical disabilities. While the subway has long created a nightmare of obstacles for New Yorkers with special needs, sidewalks are also becoming an increasing problem for the city.

Disability advocates point to two main problems with the city’s sidewalks. First, there are an insufficient amount of so-called “curb cuts.” Curb cuts are the term used for the are where the concrete sidewalk becomes level with the asphalt on the street.  For individuals with walkers or wheelchairs, the steady and smooth decline into the street is necessary for their safety. If the curb cut has a large bump or cracks, wheelchairs can be more difficult to navigate, imperiling the safety of the person as he or she attempts to safely cross the street. Continue reading

The family of Angel Rivera is suing a Bronx hospital after he was ignored in the ER waiting room only to slip into a coma that he never woke up from.

In 2014, the 53-year-old Rivera went to Lincoln Hospital in the Bronx after being punched in the head during a fight with a friend. After going through triage, where nurses inspected his injuries, Lincoln Hospital staff then told Rivera to return to the waiting room for his name to be called. The hospital states that it called Rivera’s name within an hour of examining him in the triage room.

hospital-13-1518181-300x200At this point, Rivera had already become unconscious and could not respond. The hospital staff apparently just assumed he had left the hospital in his dire state. A note in his medical chart states that he had left the hospital against medical advice, despite video evidence showing Rivera in the exact same seat for the entire ordeal. Continue reading

A New York doctor has been charged with 29 counts of negligence, fraud and medical malpractice for his treatment of eight patients. Doctor Ayman Shahine, famous for his plastic surgery on reality TV star Renee Graziano, is accused of everything from talking on his phone during surgery to falsifying medical records and violating New York state laws. Shahine has been sued for medical malpractice 15 times since 2013.doc-on-phone-300x172

Dr. Shahine, originally a gynecologist (in New York any doctor can perform cosmetic surgeries – even without a nurse or anesthesiologist), is a grossly incompetent doctor according to state authorities. In one case, Dr. Shaine allegedly performed liposuction on a patient before taking her blood pressure or performing a pregnancy test. The patient, it turned out, was actually pregnant at the time and, according to the authorities, the surgery should not have been performed on a pregnant woman. Continue reading

Governor Andrew Cuomo has moved to limit the factors car insurers may use when determining a driver’s car insurance rate. The new regulation follows a report by the Department of Financial Services (“DFS”), which Gov. Cuomo had tasked with investigating the issue, detailing that some, but not all, of New York auto insurers utilize an applicant’s education and occupation as factors when determining insurance rates.

This often results in indivgavel-small-300x200iduals with lower educational levels or those working in low-paying occupations having to pay higher rates. According the Cuomo administration, these higher rates are unjustified because there is insufficient evidence that a person’s education or occupation is indicative of his or her driving ability. Lacking sufficient justification, Gov. Cuomo stated that the use of such factors was a violation of Insurance Law provisions which prohibits insurance rates that are “excessive, inadequate, or unfairly discriminatory.” Continue reading

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