Dedicated Aggresive
Legal Representation

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.

In response to an increase in superbugs, medical centers are taking an aggressive stance by implementing strict hygiene standards and educating patients about antibiotic resistance. Superbugs are bacterial infections resistant to medical treatment, such as antibiotics. A global increase in the number of antibiotic prescriptions coupled with a lack of new antibiotics produced in the last few decades created strains of bacteria resistant to antibiotics. According to the Centers for Disease Control and Prevention, superbugs (and antibiotic resistance, more generally) present one of the world’s “most pressing public health problems.”

Filled with infectious diseases and compromised immune systems, hospitals are a breeding ground for superbugs and their patients are uniquely susceptible. Thankfully, hospitals are stepping up and setting new standards to prevent the spread of infection. In an article by the Wall Street Journal, several hospitals detail new procedures meant to improve hygiene and stop germs from spreading. In addition to routine hand washing, medical staff at these hospitals also clean stethoscopes, blood pressure cuffs, IV poles and pumps, bed railings, and computer keyboards. Stethoscopes, in a surprise to hospital staff interviewed by the WSJ, usually carry the same number of germs as a doctor’s hands after just a single physical examination.

Continue reading

Over the past decade, automakers have rapidly introduced new safety technology into their fleet of vehicles. The technology available only on high-end vehicles just five years ago – such as blind-spot monitoring, emergency braking, and lane-departure warning – is now becoming standard on new vehicles. These life-saving technologies, however, do have limits and, according to a new report by AAA, most drivers do not seem aware of these limits.

One example cited by the association is blind-spot monitoring. According to the report, a full 80 percent of drivers mistakenly believe that blind-spot monitoring systems detect cyclists, pedestrians, and fast-approaching vehicles better than current technology allows. Because of this mistaken belief, one-fourth drivers with blind-spot monitoring do not check their blind spot before changing lanes.

Continue reading

New York State joined a growing list of states this month when it sued Purdue, the maker of OxyContin, for the company’s role in creating the current opioid crisis. According to New York State, Purdue marketed the prescription pain medication as a more effective and less addictive solution to chronic pain – despite possessing evidence suggesting the opposite. The resulting crisis resulted in the death of 3,000 New Yorkers just last year. Overall, the Centers for Disease Control and Prevention estimates that opioids caused 49,000 Americans deaths nationwide.

According to the lawsuit filed by the New York State Attorney General Barbara Underwood, a statewide investigation found that Purdue’s deceptive marketing played an “important role” in the overprescribing of opioids. According to the Wall Street Journal,  more than 75 percent of opioid-related deaths in New York were caused by prescription pain medication, including OxyContin. In other instances, many patients become addicted to opioids through a legitimate prescription and then “graduate” to heroin for its cheaper and stronger high.  New York is suing for an unspecified amount and states the money will go towards funding rehabilitation and prevention programs, with Attorney General Underwood saying, “Our work won’t stop with this lawsuit.”

Continue reading

Westchester County agreed to pay over $3 million in a lawsuit over the 2015 death of a local bicyclist. The bicyclist, Robert Small, an orthopedic surgeon at White Plains Hospital, died after an accident on the North County Trailway. Small, an avid and competitive bicyclist, according to LoHud.com, lost consciousness after biking into a marked pothole. The Briarcliff Manor resident did not regain consciousness and died four days later.

Small’s wife sued Westchester County, alleging that by failing to fill the pothole in the bicycle trail Westchester County acted negligently and caused the death of her husband. Steve Schirm, a surgeon who did not previously know Small, rode his bicycle in front of Small on the day of the accident. In a deposition taking during the trial process, Schirm recalled hearing the doctor yell and turned around to see Small flip over the handlebars of his bike. With one leg still attached to the bike clips, Small then landed head-first onto the ground. Though he was wearing a helmet, Small landed on his forehead.

Continue reading

Fueled by a building boom in Midtown Manhattan, construction accidents continue to increase in New York City. In the first seven months of the year, construction deaths have doubled, and construction accidents overall have increased by 17 percent. In addition, injuries from construction accidents have increased by 18.4 percent, according to Construction Dive. The increase in construction accidents comes amid a building boom in New York City where an estimated $15 billion in construction activity occurred from January 2018 to May 2018.

According to the federal government, construction workers have the most dangerous job in New York City. Deaths in the construction industry accounted for 37.5 percent of all work-related deaths. As of August 2018, there have been eight construction related deaths – mostly caused by falling debris. All the deaths occurred in Manhattan.

Continue reading

New York City became the first city in America to put a cap on the number of vehicles used by ride-hailing services last month. The move by City Council is part of a broader regulatory scheme meant to address a range of issues concerning ride-hailing services including their effect on medallion prices, driver wages and benefits, and limited access for New Yorkers with disabilities. Uber, Lyft, and Via – the three most prominent ride-hailing services in the five boroughs – decried the regulation and said that their services offered a pivotal service to low-income New Yorkers without access to taxis or the subway, in addition to jobs with flexible schedules.

In addition to capping the number of vehicles used by ride-hailing services at their current level of 100,00, the bill also allows for New York to set a minimum hourly rate for Uber and Lyft drivers. Previously, these drivers were considered independent contractors under the law – not employees – and therefore were not subject to minimum wage laws, among other protections given to employees. According to the City Council and Mayor de Blasio, the new law will put a “pause” on the industry for twelve months while it commissions a study on the effect of ride-hailing services on congestion which the Mayor said contributed to the “congestion grinding our streets to a halt” without citing any evidence.

Continue reading

New York became the first state in the country requiring all nurses to complete a four-year degree program, according to Nurse.com. The new law, which the American Nurses Association has lobbied for since 1964, marks the standardization of nursing education across the state. Under the new law, which took effect in January 2018, all nurses will have up to ten years from receiving their nursing license to complete a Bachelor of Science in Nursing. If a nurse fails to attain the four-year degree within the allotted decade then they will be stripped of their nursing license unless “extraordinary circumstances” can be shown.

The new law will not apply to currently licensed registered nurses in the state, students enrolled in a nursing program in New York State, or any individuals who have already been accepted to nursing school in New York State. In common parlance, these groups will be “grandfathered” in to the policy. For anyone that starts their nursing career or applies to a nursing school starting in 2018, the new law will apply. Under the previous law, nurses can become licensed in New York after completing either a two-year associates degree or a four-year bachelor’s degree and then passing a state licensing exam.

Continue reading

After a lack of response from management, a group of nurses is going public about the poor treatment of patients at Montefiore Hospital in the Bronx. Speaking to The Daily News, the nurses describe “horror stories” of overcrowding, understaffed medical personnel, unsanitary conditions, and a management structure who seems oblivious or unconcerned about these serious problems. The deteriorating quality of care at the Bronx hospital endangers both patients, who are more likely to become sick with infectious diseases, and nurses, who are frequently attacked by mentally ill residents at the hospital.

In response to the allegations of overcrowding, understaffing, and inadequate medical care, a Montefiore spokeswoman pointed towards the Bronx hospital’s high ranking on Indeed.com – a website where employees review their employer. While Indeed may believe Montefiore is a pleasant work environment, their nurses disagree and, according to The Daily News, they have ample evidence. In one example, emergency room patients wait an average of 64 minutes before meeting with a healthcare professional – almost double the national average.

Continue reading

In a stunning and tragic case out of Florida, a new mother passed away after four medics allegedly told the woman she could not afford an ambulance ride. The woman, Crystle Galloway, had recently given birth to a son via C-section a few days before the event. According to Galloway’s mother, Nicole Black, Galloway was found slumped over in the bathroom and immediately called 911. According to Black, she told the emergency dispatcher that something was wrong, but that her daughter was still breathing

When the medics arrived later, Black says they told her that Galloway had suffered a stroke. Then, amazingly, told her that she could not afford a ride to the hospital in an ambulance and proceeded to “buckle-up” Galloway in her mother’s vehicle. Speaking to ABC Action News, Black says, “They never asked us if we had insurance, which we do.” She continued, “The whole conversation as the EMS put my child in the car was that was best for us because we couldn’t afford an ambulance. My daughter begged for her life, she begged!”

Continue reading

After the rapid pace of consolidation in the healthcare industry over the past decade, many patient advocates are beginning to study the effects of these mergers and acquisitions on the quality of patient care. While many of the business executives in charge of these restructurings tout improved patient health as a benefit, it appears the opposite may be true – at least in the short-term – for many patients. The study, which was reported by STAT, found that new patient populations, unfamiliar infrastructure, and new settings for physicians caused the bulk of problems related to possible declines in patient health after a hospital merger.

Since 2014, there have been more than 100 hospital or healthcare mergers each year. Last year alone, there were 115 mergers and this trend is likely to continue. For that reason, it is important to learn about its effects on patient care. After thoroughly reviewing several randomly chosen mergers and acquisitions, STAT found a disturbing pattern of patient neglect. In two examples, a surgeon and an anesthesiologist ended up in the wrong part of the hospital after being summoned for a time-sensitive procedure. In another example, an ER doctor was given only thirty minutes of training before being put to work in an Emergency Room. According to STAT, “[The Doctor] had not been brief on how to obtain backup help in the case of an unexpected emergency.” Therefore, when multiple ambulances arrived with several critical patients, the hospital was overwhelmed and ineffective in treating the majority of patients. In all of these circumstances, the hospital had reorganized itself and not properly trained the medical staff at the hospital.

Continue reading

Contact Information