(888) LAW-8088 (888) 529-8088

Levine and Slavit, PLLC - Blog

Personal Injury Attorneys - Manhattan, Brooklyn, Queens, Long Island and the Bronx

Pretrial Detainee Alleging Deliberate Indifference to His Medical Needs Must Show Defendant Was Actually Aware of Risk of Harm

Posted On Oct 26, 2009 @ 08:13 AM by SEO Admin

In Caiozzo v. Koreman, 581 F.3d 63 (C.A.2 (N.Y.)), the plaintiffs decedent died while in custody as a pretrial detainee at Albany County Correctional Facility (ACCF). The cause of death was ascribed to seizure due to acute and chronic alcoholism. It was alleged that the defendants failed to provide him with alcohol withdrawal treatment that they knew or should have known he needed, resulting in his fatal seizure. The timing of a detainee's last drink is important in assessing the need for and timing of alcohol withdrawal treatment. The error of the defendant nurse who examined the plaintiffs decedent was in believing that his last drink was the evening on the date that she examined him, when in fact it was the evening before. A deliberate indifference claim can lie where prison officials engage in a policy of deliberately igno

District Attorney Unsuccessfully Attempts to Prosecute Charges Carrying Maximum Penalty Against Taxi Driver for Fatal Accident

Posted On Aug 16, 2009 @ 10:00 PM by SEO Admin

In 2006, Hassan Afzal, was involved in an accident while driving a taxicab on West Street (a/k/a the West Side Highway) in the vicinity of West Houston Street in Manhattan. Mr. Afzal had a history of seizures that he failed to disclose in applications that he filed for a taxi license. In the accident, Danielle Ricci, one of the passengers in the taxi, either exited or was ejected from the cab and was then struck and killed by a second taxi. Three other passengers in the taxi suffered significant injuries while still in the cab when the vehicle struck a building. The People alleged that the accident was caused by a seizure the Defendant suffered. The Defendant denied that he had suffered a seizure at the time of the accident. It was also alleged that the Defendant had a history of seizures and fraudulently failed to disclose this information in applications for a taxi license he file