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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.

The New York Court of Appeals, the highest court in the state, ruled in favor of two sets of parents who were pursuing a medical malpractice lawsuit against the doctors that performed their in-vitro fertilization treatment. The issue before the Court of Appeals involved whether the statute of limitations for the medical malpractice began when the doctor committed the malpractice or when the child was born.

A “statute of limitations” is a legal term for the time period in which a person can file a lawsuit after they have been wronged, if the Court of Appeals had decided that the clock started running at the time of the medical malpractice then the parents would have been effectively barred from pursuing a lawsuit against their doctors.

wrongful-birth-300x180A parent typically files a “wrongful birth” lawsuit after a doctor negligently, or recklessly, fails to diagnose a serious birth defect and thereby deprives the parents of the opportunity to terminate the pregnancy. Because of advances in reproductive health and genetic testing, doctors and hospitals now have the ability to diagnose some serious genetic and birth defects during the early stages of a pregnancy. 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

A mishap in a New York City high school’s science lab ended up sending four students to the hospital. St. Catharine Academy, an all-girls Catholic school in the Bronx, said that an experienced chemistry teacher was performing an experiment to teach students how an atom “goes from ground state to excited state,” according to the New York Times.

The president of the school, Sister Patricia Wolf, played down the incident, saying “The flame got a little larger than was anticipated, and several students who were near the flame were singed.” According to Sister Wolf, all the injuries were minor and students were mostly “singed” on their hands and possibly their neck.

The Fire Department, injured students, and their parents tell a different story. According to the Fire Department, two of the students had injuries that were classified as “serious.” Continue reading

One of the highest-paid surgeons in the United States was hit with two lawsuits alleging that the doctor was not performing his own surgeries.  According to the lawsuit, Dr. David Samadi, the head urologist at Lenox Hill Hospital in Manhattan, routinely allowed medical residents, who are still in training, and other doctors to perform the surgeries. According to the lawsuit, Dr. Samadi may have left up to 1,000 of his patients in the hands of another, less-skilled doctor or resident.

According to Dr. Samadi, the surgeon was merely “double-booking” his surgeries, a controversial practice where the surgeon is not present for an entire surgery. Instead, he or she “delegates” portions or sections of the surgery to another medical professional. According to an analysis of hospital records, Dr. Samadi has performed 2,182 urologic surgeries since began working at Lenox Hill Hospital in 2013. A full 70 percent of these surgeries overlapped with another surgery. The New York Post reports that on a single day in 2014, the doctor “performed” eleven surgeries, and all but one overlapped. Continue reading

Slip and fall accidents are an unfortunate, common occurrence and can sometimes lead to serious injuries. While determining who is at fault in a slip and fall accident can depend on several different factors and circumstances, there are a few guideposts to help you determine who may be responsible for your damages.

In short, whoever behaved “unreasonably” will be at fault. The long explanation, however, is predictably more complicated. Recognizing that the world is an unsafe place, the law does not exclusively assign guilt to one person or company in every circumstance. Instead, it expects everyone to behave in a reasonable manner.

slip-and-fall-1So, what is “unreasonable” behavior under the law? The best way to explain this is with an example. Imagine that you are working in a restaurant and you see someone slip on a drink that has been spilled on the floor. Now imagine that the drink was spilled an hour ago and numerous restaurant workers passed by and did nothing. Also, the person that slipped? He is a nine-year-old child. It seems obvious that the restaurant behaved unreasonably when it did not fix the problem it clearly was aware existed. Continue reading

A New York woman filed a lawsuit against a Westchester doctor alleging that he used his cell phone during a medical procedure to take a Spanish language test. Mary Edwards is suing for damages caused by “severe emotional distress” after hearing her doctor speak Spanish phrases into his cell phone during the procedure.  Edwards is suing both Dr. Eric Fishman and Westmed Medical Group, the entity that owns the clinic where her surgery was performed.doc-on-phone-300x172

The 70-year-old woman was being treated for a varicose vein when she heard Dr. Fishman speaking in Spanish. According to the lawsuit, when Edwards asked the doctor what he was doing, Dr. Fishman amazingly responded that he was taking a Spanish language test on his smartphone. According to Edwards lawyer, that left her with an intense, and understandable, fear that the doctor was not paying attention to her procedure. Because her varicose veins were fixed without any issues, the emotional distress caused by the doctor is the basis for the lawsuit. 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

Brooklyn’s Barclay Center has seen at least four lawsuits concerning the seats in Brooklyn’s most famous sports arena. The seats in the so-called “nosebleed” section are usually the cheapest, and now, according to lawsuits, also the most dangerous. Apparently, the steps are so steep that people are prone to miss a step and come crashing into other concert-goers or sports fans. The problem, generally compounded by drunken fans or concert attendees, has spurred four lawsuits against the arena.

The problem first came to the attention of Barclay’s Center almost as soon as the arena opened. During one of the high-profile Jay-Z concerts that inducted the new arena in 2012, Sara Smith of Manhattan sued the facility after a drunken man walking on the steps behind her lost his footing and fell on top of her. This “sent her flying.”

fall-down-steps-300x169According to a court transcript obtained by the New York Post, Smith told the court, “My face struck the railing. My legs were all bruised, and you know, everything hurt at this point, so I didn’t know what I had broken. I was just really scared.” Smith ended up with a broken wrist and settled the case out of court for an undisclosed amount. Continue reading

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