Nearly Three Quarters of Nursing Homes Are Understaffed

A recent study in the Journal of Health Affairs has estimated that as much as 75% of all nursing homes are significantly understaffed. The study compared the number of registered nurses (RNs), licensed practical nurses (LPNs) and nurse aides to the staffing requirements set forth by the Center for Medicare and Medicaid Services (CMS). What they found was that many nursing homes fell well below CMS requirements, often inflating their staffing numbers in government reports to save on their operational costs.… Read the rest

You May Be Entitled to Damages in a Single-Vehicle Crash

car accident lawyer New York CityAccording to the National Highway Traffic Safety Administration (NHTSA) in 2016 more than half of the motor vehicle deaths involved a single-vehicle crash. In addition, in New York State there were almost 700 deaths as a result of a single-vehicle crash.… Read the rest

Summer Boating Can Turn Deadly with a Sip of Rosé

boating accident lawyer Long IslandSummertime is here, and families have begun to enjoy boating and water sports.  However, it is important to keep in mind that these activities can sometimes lead to deadly accidents.  Commonly, inexperienced, intoxicated, or reckless boaters can cause accidents that may lead to a boat capsizing or tipping over resulting in the death of a passenger.  If you or someone you loved has been injured or killed in a boating accident as a result of someone else’s negligence, contact an experienced personal injury attorney that can fight for the compensation you deserve.… Read the rest

Medical Negligence in Cataract Surgery

cataract surgery lawyer New YorkToday, surgery for cataracts has become extremely common. A cataract is a clouding of a person’s eye lens causing their vision to be impaired. Many individuals opt to undergo a surgical procedure in order to improve their ability to see.  However, some individuals do experience complications as a result of this surgery.… Read the rest

Intersection Crashes

intersection accident lawyer Long IslandThe volume of traffic accidents at intersections are not only becoming more common but are also resulting in more serious injuries and fatalities. An intersection is the crossing over of two roads with cars traveling in different directions at the same time. Ordinarily, accidents that occur in an intersection are the result of one driver failing to yield to traffic, due to violating a law or ignoring a traffic sign or signal, among other things. The National Highway Traffic Safety Administration (NHTSA) reported that almost half of the automobile accidents that occur each year involved a driver failing to yield … Read the rest

Slip-And-Fall Accidents During the Winter Season

slip and fall lawyer New YorkEach year, tens of thousands of people are injured in slip-and-fall accidents. The most common time of year individuals find themselves or their loved ones a victim of a slip- or trip-and-fall accident is during the winter. When these incidents take place, it is sometimes difficult to determine who is ultimately at fault for the incident. Generally, there are a few factors that personal injury attorneys look at in determining liability.… Read the rest

What Is A Wrongful Death Action?

wrongful death lawyer New YorkA 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

Social Hosts Held To Not Have Duty to Control Manner in Which Intoxicated Guest Drives Off Their Premises

In the Court of Appeals decision Martino v. Stolzman, 2012 WL 488098, 2012 N.Y. Slip Op. 01145 (February 16, 2012), the defendant attended a New Year’s Eve party at a friend’s home where he consumed alcohol. At approximately 12:30 A.M., the defendant left the party and got into his truck, with another party guest in the passenger seat. The defendant backed his truck out of the home’s driveway onto the main road and collided with an oncoming vehicle driven by the plaintiff. Following the motor vehicle accident, a test revealed that the defendant had a blood alcohol content … Read the rest

Court of Appeals Broadens Ability of Persons To Recover for Injuries Caused by Negligently Operated Emergency Vehicles

A bit of a chill swept through the plaintiffs bar in 1994 when the Court of Appeals, New Yorks highest court, held that persons injured in motor vehicle accidents could not recover damages for injuries caused by municipal motor vehicles responding to an emergency responsible for the damages unless it could be proven that the driver a showing of reckless disregard for the safety of others, a much higher standard than the usual negligence. The court’s interpretation in Saarinen v. Kerr, 84 N.Y.2d 494 of section 1104 of the Vehicle and Traffic Law (“VTL”) caused attorneys to give great … Read the rest

Plaintiff’s Hard Drive Off-Limits to Defendant in Wrongful Death Case Alleging Medical Malpractice/Product Liability/Negligent Training and Supervision

The plaintiffs in DeRiggi v. Krischen, 20753/08, NYLJ 1202476938011, at *1 (Sup., Nassau Decided December 17, 2010) sought to recover for the wrongful death of Patricia DeRiggi, who died at the age of 30 during percutaneous disk decompression surgery, an out-patient procedure used to treat lower back pain.

Plaintiffs allege that Mrs. DeRiggi’s left common iliac vein was perforated twice during the surgery resulting in an intra-abdominal hemorrhage and death. They also allege that the defendants HydroCision and/or New York Spinal Implants, the manufacturer and/or distributor of the Spine Jet HydroDisectomy System used in the procedure, were negligent … Read the rest