Monthly Archives: January 2014

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Surgical “Never Events” occur 4,000 times a year

A report by researchers at Johns Hopkins found that surgeons routinely leave foreign objects like sponges and towels inside their patients at the rate of about 39 times a week. They also performs the wrong procedure on a patient 20 times a week and operate on the wrong body site 20 times a week.These are called never events. A never event is a mistake that Read More →

NYS Court rules “actual innocence” is a valid claim to challenge wrongful conviction

A top New York Appeals court has ruled that actual innocence is now grounds to challenge a wrongful conviction. The Appellate Division, Second Department, ruled unanimously that a conviction can be appealed if there is “a showing of actual innocence.” and  “clear and convincing evidence.” Justice Sylvia Hinds-Radix wrote “Since a person who has not committed any crime has a liberty interest in remaining free from punishment, the conviction Read More →

Legalized pot raises new product liability issues

Although Colorado has had legal medical marijuana has been legal in Colorado since 2000, the legalization of marijuana for recreational use in Colorado has raised new issues of product liability according to an analysis by Law 360. The dispensaries could be targeted by claims that the marijuana caused a lung injury or lung cancer, attorneys say. Under state regulations, sellers are required to include a Read More →

Widow sues MTA and NYC for death of husband

A disabled 76-year old man was trying to board an M15 bus, when according to his wife, the bus driver raised the disabled ramp too fast, causing she and her husband, who was using a walker to tumble to the sidewalk. Hushang Missaghieh was admitted to the hospital with head trauma and despite surgery died days later. The widow, Eleanor MIssaghieh filed a lawsuit against the Read More →

Twelve year case results in $1.25 award in bungled burial of NYC playwright

The New York Post reports that last week Manhattan Supreme Court, Judge Milton Tingling ordered hospital Mt. Sinai to pay the family of “Oh Calcutta” playwright Leonard Melfi due to their mishandling of his death and burial. Melfi died in the hospital in 2001 and the hospital failed to notify his next of kin. Instead, they had his body transferred to Nassau Community College to Read More →