Articles Posted in Wrongful Death

law-300x125Gov. Andrew Cuomo and the New York State Legislature have finally reached a deal on medical malpractice lawsuits relating to cancer diagnosis. Under the new law, cancer patients will be able to sue doctors and other medical professionals for a wrongful diagnosis or missed diagnosis of cancer for up to two-and-a-half years from the date the patient discovered, or should have discovered, the misdiagnosis.

There will, however, still be a limit on when these medical malpractice claims can be filed. Regardless of when the patient discovered or should have discovered the wrongful cancer diagnosis, the injured cancer patient will not be able to file a lawsuit once seven full years have passed after the doctor or other medical professional’s wrongful act. The new medical malpractice law will also be limited in two unique ways. First, it will only apply to a wrongful diagnosis of cancer or a missed diagnosis of cancer, other illnesses were not included in the final version of the bill. Second, while the law will apply retroactively in a severely limited manner – wrongly injured patients whose statute of limitations ran out in the previous ten months will only have six months to file a medical malpractice lawsuit in a New York Supreme Court. Continue reading

The family of Isaac Ward, the 27-year-old man killed in a drunken car crash by a New Rochelle police officer, filed a lawsuit against the cop and the three bars that over-serving the police officer in January 2017. Penelope Ward, Isaac Ward’s mother, said the police officer, Harry Kyreakede, and three local bars – Brazen Fox, Brother Jimmy’s BBQ in White Plains, and Celtic Corner in Dobbs Ferry – should be held responsible for the death of her child because of their “negligence, recklessness, and carelessness.”

drunk-driving-300x150Kyreakede was sentenced last year to two-and-a-half to seven years in prison for driving while under the influence last month. A full two hours after the car crash, Kyreakede blood alcohol content, or BAC, was 0.20 percent – more than two times the legal limit of 0.08 percent in New York state. Continue reading

opioid-300x172Westchester County joins a growing list of states and municipalities suing the manufacturers and distributors of highly-addictive opioid medications, according to The medication, once falsely marketed as a long-term solution for chronic pain, has ensnared communities across the nation as users became addicted and graduated to cheaper drugs, such as heroin, or more powerful – but legal – drugs, such as fentanyl. According to the New York State Department of Health, 143 Westchester and Rockland residents died of an opioid overdose in 2016 – an increase from 110 in just one year. Importantly, this estimate includes legal opioid-based drugs as well as illegal opioid drugs, such as heroin.

The Westchester lawsuit alleges that the makers of opioid-based medications, such as Percocet, Vicodin, and Oxycontin, intentionally misled the public about the dangers of the drugs, including the addictive potential. The makers and distributors of these drugs marketed the medication as a safe, long-term solution to chronic pain, with the knowledge that addiction and dependency were likely to follow for Americans prescribed these drugs. This reckless behavior is the center of Westchester County’s lawsuit against drug companies. Continue reading

Two New York City hospitals are being sued for the damages caused by the release of allegedly dangerous patients from their psychiatric wards. In the past month, two lawsuits have been filed against New York City hospitals alleging that the hospitals behaved in a negligent or careless manner when they released dangerous patients into the tri-state area. These patients then went on to physically attack the plaintiffs in the lawsuit.

subway-push-victim-300x200The first case involves Bellevue Hospital in Manhattan, where a Queens man is suing the hospital after one of its patients pushed her husband in front of a subway car last year. Tragically, the man’s wife died as a result of the fall. According to the lawsuit, Bellevue never should have released the patient, Melanie Liverpool-Turner. Liverpool-Turner, a diagnosed schizophrenic, was allegedly ranting about killing transit riders while on an involuntary psychiatric hold at the hospital, according to filings with a Manhattan Supreme Court. Continue reading

med-errorThe third leading cause of death in America is death by hospital error, according to Johns Hopkins’ Armstrong Institute for Patient Safety and Quality. Following heart disease and cancer, hospital errors account for around 440,000 deaths each year. That means that there are more than 1,000 preventable deaths in hospitals across America every day.  Given these findings, its perhaps unsurprising that for Americans over the age of 65 – there is a 14 percent chance hospital visit will make them sicker.

Lacking mandatory reporting requirements, these kinds of errors are not typically tracked by hospitals and consequently, have escaped scrutiny by public health advocates and government officials. Speaking to The Post Star, Matt Austin, assistant professor at Johns Hopkins Armstrong Institute, puts it more bluntly, “It tends to happen to a patient here, a patient there.” Continue reading

bronx-fire-300x198A month after one of New York’s deadliest fires in a quarter-century killed 13 people, the survivors and their families have sued the city. Eleven of the victims are seeking a combined $110 million from the Administration for Child Services Department (ACS) alleging that the mother of the child was known to the city’s welfare agency for her neglectful parenting, according to court documents. The victims allege that because the welfare agency knew of the mother’s subpar parenting skills, they should have taken steps to either remove the child from the mother or otherwise protect the residents of their building.

On December 27, 2017, a three-year-old child was playing with the fire that came off the stove-top burner when the deadly fire supposedly erupted.  According to the lawsuit, the child began playing with the knobs on the stove in the kitchen after his mother left him and his two-year-old sibling to watch TV while she took a shower. According to authorities, the mother said this was not the first time her son had played with the stove. Continue reading

Recent train and subway accidents have led to renewed attention to the 2013 Metro-North derailment that killed four and injured dozens. After an investigation by showed that the Metro-North Railroad still had not installed the required safety equipment to prevent another crash, Connecticut Senator Blumenthal and New York Senator Chuck Schumer called for the railroad to speed up its efforts.

derailment-300x225On December 1, 2013, a train on the Hudson Line of the Metro-North flew off the rails going 80 miles-per-hour on a turn with a speed limit of 30 mph. The engineer in control of the train, William Rockefeller, had apparently dozed off. In response to the accident, the National Transportation Safety Board released a report pointing towards an absence of “Positive Train Control” as a contributing factor in the accident. Continue reading

roof-work-300x200A construction worker’s death in Chelsea last month marked the ninth construction death in New York City for 2017. The 34-year-old man, Przemyskaw Krawczyk, was standing on the sidewalk next to the building when an anchoring bracket fell on him. According to the New York Daily News, the piece of metal fell over ten stories before striking the man. Krawczyk was taken to Lenox Hill Hospital where he was pronounced dead.

The scaffolding fell from 61 Ninth Ave., a high-rise commercial development directly across from Chelsea Market and Google’s New York headquarters. The construction operation on the building was previously cited numerous times by the New York Department of Buildings. The construction site was partially shut down twice since May of the same year. Several of the code violations dealt with the scaffolding around the construction site.

Responding to the horrific construction accident, Buildings Department spokesman Joseph Soldevere told the New York Daily News, “This tragedy appears to have been completely preventable and we are taking enforcement actions against all parties involved.” Continue reading

Two construction workers in Manhattan died within hours of each other in two separate accidents in September of this year.

In the first accident, two veteran construction workers fell while working on a 62-story mixed use building at 9th Avenue and 33rd Street. The men, both 45-years old, fell out of a bucket lift approximately 35 feet to the ground below. While they were wearing harnesses, other members of the construction team noted that they were apparently not attached to anything.

construction-fallMedical teams rushed one person to the hospital, where he recovered. Unfortunately, the other construction worker fell on his face and was pronounced dead at the scene. The names of the two workers in the midtown accident were not released to the press, pending an investigation by the Department of Buildings. Continue reading

The Metropolitan Transit Authority, responsible for running New York City’s subways and buses, is attempting to dodge responsibility and pin a $30-million award on a homeless man.

In 2012, Naeem Davis, described as “homeless” and “a drifter” by the New York Post, pushed Ki Suck Han in front of a subway train. Arguing that he was only defending himself, Davis was acquitted by a jury just last year. Notably, Davis was too poor to afford an attorney for the murder charge.

bus-300x175Still looking for justice, Ki Suck Han’s family then went after the Metropolitan Transit Authority. The family filed a “wrongful death” lawsuit against the state agency. In short, the family argued that the train operator should have stopped earlier, before Davis had the opportunity to push Han in front of the Q train. According to the family’s attorney, “Just because someone is on the tracks, you can’t run them over and kill them and say it’s not our fault. Davis pushed him, Transit killed him.” Continue reading

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