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 […]
Negligent Supervision
Plastic Surgeon for Celebrities Charged with 29 Counts of Negligence
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. […]
New York State Not Liable for Death Caused by Rip Tide at Public Beach
On August 3, 2009, Narie Balkaran drowned at Jones Beach State Park on Long Island after being caught in a rip tide that pulled him into the ocean. Because Jones Beach State Park is a public park, Balkaran’s family sued the State of New York – stating that the State of New York should be held responsible […]
Surgical Aide Caught Sleeping On Duty
Angelita Williamson, a surgical nurse aide in East Harlem, has been accused of silencing an elderly patient’s life-support alarm overnight in order to get some rest. On January 13, 2015 Williamson was assigned the task of a “one-to-one observation” in which she would monitor the patient’s ventilator overnight to ensure it was working. Colleagues claim they caught the […]
New Bill Proposes Minimum Staff Requirements in NY Hospitals
On May 6, 2016 six rallies were held throughout the state of New York by the Nurses Association to gain support for a bill that will create a standard for nurse to patient ratios. The bill, called Safe Staffing for Quality Care, calls for higher levels of staff at hospitals in an effort to provide better care […]
OSHA Implements New Injury Reporting Regulations
In a report released January 2015, the Occupational Safety and Health Administration (OSHA) found that there were 10,388 severe workplace injuries in 2015; 7,636 of those injuries resulted in hospitalization and 2,644 resulted in amputations. The manufacturing industry has the highest reported accidents, accounting for 57% of all amputations and 26% of all hospitalizations, followed by the […]
Patient Fell Off Scale at NY Hospital – Case Will Proceed
In Patel v. American Medical Response, Inc., et al, the representative of a deceased patient brought a negligence action against an ambulance operator and hospital to recover damages for personal injuries sustained after EMT left him unattended on a scale. The patient fell off the scale. The Supreme Court of Nassau County denied the hospital’s motion for […]
“Tongue Tie” Clipping Procedure Mistakenly Performed on Wrong Infant
Jennifer Melton delivered a beautiful and healthy baby boy named Nate on December 16, 2015 at University Medical Center in Tennessee. Jennifer was encouraged by a nurse to allow her newborn to be taken to the nursery for a check-up. As this is routine, Jennifer tried to get some rest. Nate was returned a few […]
Appellate Court Allows Case to Proceed Where Defendant Owner Allegedly Failed to Provide Protective Gear on Construction Site
The New York Supreme Court, Appellate Division, Second Department in Montenegro v P12, LLC, 2015 NY Slip Op 05919 [130 AD3d 695] reversed a lower court’s decision granting a defendant’s motion for summary judgment to dismiss a cause of action alleging a violation of Labor Law § 241(6), predicated on 12 NYCRR 23-1.8(a). The plaintiff was employed as a carpenter on […]
Defendant Fails to Submit Evidence of Last Inspection of Slate; Case Proceeds
The New York Supreme Court, Appellate Division, Second Department in Bergin v Golshani, 2015 NY Slip Op 06103 [130 AD3d 767], denied a defendant’s motion for summary judgment to dismiss a cause of action alleging negligence. In the slip-and-fall case, the plaintiff sought to recover damages for personal injury for defendant’s failure to inspect the area where plaintiff was injured. […]
Grocery Store Owner may be Liable for Injuries Sustained During a Fire on the Premises
The plaintiff in Yehia v Marphil Realty Corp., 2015 NY Slip Op 05670 [130 AD3d 615] was injured in a fire that occurred on the premises operated as a grocery store by defendant Nahshal Food Corp. Marphil Realty Corp owned the premises and leased it to Nahshal. The plaintiff was employed at the grocery store and resided in […]
Second Department Overturns Negligent Supervision Case
The Appellate Division, Second Department, in Nelson v Friends of Associated Beth Rivka Sch. for Girls, has held that an emergency room record containing statements made by a preschool student, should have been admitted. This overrules a lower court ruling that the records were not admissible because of doubts regarding the validity of the student’s testimony […]