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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.

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

Disgraced New York City Councilman Ruben Wills has sued the City of New York over his treatment while incarcerated on Riker’s Island. According to the former politician, his four-day stint at Rikers caused him immense pain and resulted in his need for a wheelchair. Wills is now trying to hold the Department of Corrections and the NYC Health and Hospitals Corporation, which runs medical operations at Rikers, liable for the damages he says were caused by their neglect.

The former councilman was convicted of stealing over $33,000 campaign funds and grants. Wills was originally indicted on multiple fraud and larceny charges in 2014. State Attorney General Eric Schneiderman said that Wills spent government grant money meant for charities at two department stores. Less than a year later, Wills was arrested again on separate charges relating to his campaign. According to the Conflict of Interest Board filings, Wills did not properly disclose his financial dealings.

After refusing a plea deal, Wills was eventually convicted in 2016. The Queens judge who presided over his case immediately expelled him from City Council and sentenced him to two to six years for his crime. 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

After being diagnosed with an aggressive form of breast cancer and undergoing a mastectomy, a 51-year-old Harlem woman found out that her growth was benign and the surgery was completely unnecessary.  The horrific ordeal, involving two New York City hospitals, has left Eduvigis Rodriguez traumatized, “I didn’t know whether to smile and thank God I didn’t have cancer or cry because I’ve been through so much,” she told The New York Post. Predictably, Rodriguez is suing both hospitals and doctors for medical malpractice.

Rodriguez’s nightmare began after she felt a lump on her breast and went med-errorto Mount Sinai Beth Israel Hospital. After Mount Sinai Beth Israel performed a biopsy, Dr. Jean-Marc Cohen misinterpreted her results and diagnosed her with ductal carcinoma, the most common form of breast cancer. Dr. Cohen then sent Rodriguez to surgery at Lenox Hill Hospital. Continue reading

Only months after receiving a positive diagnosis for HIV, a Mt. Sinai patient endured another living nightmare when the hospital faxed his HIV status to his workplace. The man, who declined to name himself in court documents (opting for “John Doe”), told the New York Daily News that, “For years now, I have been struggling to cope with how my life has changed by the unbelievably careless act of the people who I trusted with my care.” His lawsuit seeks $3.5 million in compensation from the damages caused Mt. Sinai Hospital’s employee’s negligent behavior.

The horrific accident took place in 2014 when the man, after learning of his HIV status, directed Mt. Sinai-St. Luke’s Hospital to mail his medical records to a post office box. The Upper West Side hospital instead faxed it to his office where, according to court documents, it was passed around the office and eventually made its way to his supervisor. The man said that he had neither processed the diagnosis himself nor told his family, and was then in a situation where his entire office had intimate knowledge about his health and sexual history. Unsurprisingly, he quit. As an actor, he said he had trouble finding work after the incident because he was worried his new co-workers may know and judge his HIV status.  Continue reading

In 2012, a Long Island man, Daniel Sajewski, rammed his father’s red Mercedes-Benz through a Huntington house, narrowly missing the two elderly sisters that lived in the residence. Sajewski was, perhaps predictably, intoxicated – blowing an off-the-chart 0.30 on a breathalyzer, far exceeding New York’s 0.08 limit. In addition to losing their belongings (including a wedding band that could not be located in the rubble), the accident left the two 90-year-old sisters homeless for several months. In 2013, the judge sentenced Sajewski to one-and-a-half years to three years in prison.

carcrash-300x181More recently, State Farm, who insured the house that was destroyed, has decided to pursue legal action against Sajewski’s father, the owner of the vehicle. State Farm is seeking $180,000 from the father to reimburse it for the money spent on repairing the home. State Farm is able to pursue this claim because, under New York law, the owner of a vehicle is liable for the damages caused by its drivers – so long as the driver has the owner’s permission to operate the vehicle.  According to the statute, the permission can be expressly stated or implied.

Continue reading

Beginning in January 2018, New York’s Paid Family Leave Law (PFLL) will provide all New York employees with 50 percent of their wages for eight weeks while they are taking off work to care for a loved one. The new law, passed by Governor Andrew Cuomo, will gradually increase the employee’s reimbursement until it pays out 67 percent of an employee’s wages for a 12-week period in 2021. The new law will be fully funded through payroll tax deductions.

Advocates of the new law hope that the PFLL will address the “gaps” not covered by the Family and Medical Leave Act (FMLA), a federal law that also applies to family members taking time off from work to care for a sick loved one. There are several notable differences between the federal law and New York’s. First, the FMLA only applies to employers with over 50 employees in a 75-mile radius, the PFLL applies to all employers in New York. Second, the PFLL extends to domestic partnerships. Third, unlike the FMLA, New York’s Paid Family Leave Law does not apply to employee’s who take time off to care for their own health problem. Fourth, the FMLA requires employees to work for 12 months to become eligible for benefits while the PFLL only requires employees to work for 26 months. Last, the most important difference is that the PFLL provides for compensation during the employee’s absence while the FMLA is typically unpaid.  When both New York’s PFLL and the FMLA apply to an employee’s leave, the employee’s paid leave with both benefit programs will apply simultaneously as long as the employer provides the proper notice required under the FMLA. Continue reading

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