The First Circuit Court of Appeals has reinstated a plaintiff’s pre-mortem pain and suffering claim that was initially dismissed by the district court. The claim is part of a 2014 case involving a woman who had been transferred to a New York City nursing home after hospitalization for severe respiratory distress and pneumonia, where she eventually died of cardiac arrest … Read the rest
Category: Wrongful Death
Doctor Pleads Guilty to Illegal Distribution of Opioids Resulting in Overdose
A doctor in Manhattan pleaded guilty early in December to illegally distributing fentanyl and oxycodone to patients who did not medically require it. As a result, at least one of his patients is dead from an overdose, having been prescribed hundreds of times the amount of oxycodone generally prescribed for medical purposes. The doctor, who worked for a major Manhattan … Read the rest
New Report Shows FDA Failed to Adequately Address Opioid Crisis
A new report by researchers at Johns Hopkins University shows that the Food and Drug Administration (FDA) failed to adequately address the opioid epidemic that has caused enormous suffering throughout the United States. The documents show the FDA failed to appropriately conduct oversight of the pharmaceutical industry and did not adequately train doctors to handle opioids and the associated risk … Read the rest
Medical Malpractice Settlement Revealed in the Death of Astronaut Neil Armstrong
On July 16, 1969, astronaut Neil Armstrong and the rest of the crew of Apollo 11 launched from Cape Kennedy with the goal of being the first humans to land on the moon. On July 20th the goal was reached, in what would be deemed “one small step for man, one giant leap for man-kind.” Upon returning to earth, … Read the rest
Wrongful Death Claims in Medical Malpractice Cases
Losing a family member as a result of a medical error can be extremely difficult. Each year, there are many cases involving medical mistakes that result in injuries or even death. According to the Centers for Disease Control and Prevention (CDCP), medical error is one of the top five leading causes of death in the United States.… Read the rest
Negligent Death of a Motorcyclist May Result in a Wrongful Death Action
With warmer weather approaching, many riders will begin to take out their recently tuned up motorcycles for a test drive. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 35 times more likely to be a victim of a deadly accident. While it is hard enough for family members and loved ones to lose someone close to them, … Read the rest
What Is A Wrongful Death Action?
A wrongful death claim arises when someone dies as a result of another person’s negligent act. A representative or agent of a deceased person’s estate may file a lawsuit on behalf of the deceased against the person responsible for the death. Wrongful death actions arise from personal injury claims, automobile accidents, medical malpractice, and construction accidents, among others.… Read the rest
How to Calculate Personal Injury Damages
Personal injury lawsuits are filed in order to hold negligent parties responsible for their actions that led to an injury. By doing this, people are able to obtain damages that cover losses and assist with recovery. There are a number of misunderstandings about damages, however, which is what we’re hear to clear up.
Our team of personal injury lawyers would … Read the rest
New York Statutes of Limitations
When you have been the victim of a civil or criminal incident, it’s of the utmost importance that you speak with legal representatives. By getting legal help, you’ll be able to hold the negligent or criminal party responsible for what they’ve done and receive just compensation for any losses and/or injuries sustained. Our team of personal injury attorneys is here
Super Bowl Stress Qualifies for Workers’ Compensation Death Benefits
The claimant’s deceased husband suffered a heart attack and died on Super Bowl Sunday of 2010 while working as acting store manager of a Waldbaum’s supermarket in Roberts v. Waldbaum’s, 513795, 2012 WL 4449387 (3d Dept., September 27, 2012). Claimant applied for workers’ compensation death benefits alleging that the heart attack (myocardial infarction) was triggered by the stress and … Read the rest
