In the most recent issue of the Nassau Lawyer, the Nassau County Bar Association’s newsletter, Ira Slavit of Levine and Slavit, PLLC, wrote about the case of Santoro v. Poughkeepsie Crossings, in which a woman was sued by a nursing home for allegedly causing her mother’s death. Specifically, the nursing home initiated a third-party counterclaim against the woman for allegedly contributing to her mother’s death when she brought a wrongful death suit against the nursing home.
While the nursing home’s claims were ultimately dismissed by the Second Department of the New York State Appellate Division, it is an important case … Read the rest
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 due to severe septic shock. The claim is dependent on evidence of the decedent’s mental state prior to her death.… Read the rest
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 hospital, will be sentenced in March, and faces a maximum of twenty years in prison.
Opioid addiction has become an increasingly common problem throughout the United States, with many who become addicted dying from an overdose. While this spread of … Read the rest
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 of addiction. These failures contributed to the rise of opioid addiction in the United States, which kills around 72,000 people per year.… Read the rest
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, the astronauts were seen as American heroes. Unfortunately, in 2012, Neil Armstrong passed away after undergoing an emergency heart surgery at a Cincinnati Ohio hospital.… Read the rest
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
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, it may be even harder to lose someone unexpectedly as a result of a fatal crash. Oftentimes, deadly motorcycle accidents occur as a result of:
- Driving at an excessive rate of speed;
- Failing to pay attention;
- Operating a motorcycle under
… Read the rest
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
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 like to take a few moments right now to consider some of the basics with regard to damages in civil cases. We will turn some of this focus on how they are determined.
What are damages in a personal injury
… Read the rest