Monthly Archives: January 2015

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Medical mistakes: Third leading cause of death

In 1999, the Institute of Medicine reported that up to 98,000 people a year died due to mistakes in hospitals. A study published in the 2013 Journal of Patient Safety says that number is now estimated to be between 210,000 and 440,000 patients. What makes those numbers worse is the causes of death were preventable mistakes. The estimate makes medical malpractice the third leading cause of death Read More →

Ice, snow and NYC sidewalks: What are the rules?

They’re saying we’re about to get the worst storm in history. Whether or not that happens is still be seen as of this writing. But winter means ice and snow. What are the rules for clearing snow and ice from sidewalks and what are your rights if you slip and fall on some sidewalk that hasn’t been cleared? NYC administrative code, Section 7-210: Liability of Read More →

Sledding accidents? Be careful out there

While many cities have banned sledding due in municipal parks due to liability concerns,  the city of Fargo, North Dakota have decided that they won’t won’t ban sledding in city parks.  The city consulted with their insurers and decided that their liability is low. The West Fargo Pioneer reports that it’s not a concern and a ban hasn’t even been considered. Jim Larson, director of Read More →

Medical Malpractice 1800s style

This pdf comes from the New York Times archive. It’s a good snapshot of how medical malpractice and wrongful death was handled in the late 1800s in the City. You will note the doctor in question was a female and she was arrested after allegations of medical malpractice were lodged by the deceased’s  parents. It’s a good snapshot not only as to how these things Read More →

Report: Canadian medical care lacks transparency.

The National Post of Canada has published an investigative report that exposes a nightmare of medical errors that never get reported nor are hospitals and doctors legally required to release such information to the public or to plaintiff in medical malpractice lawsuits. The Post says that there are approximately 70,000 preventable incidents per year, Yet a tiny fraction of those cases are publicly acknowledged and Read More →

Rick Springfield wins butt injury lawsuit

Rick Springfield fan, 45 year-old Vicki Calcagno sued the singer claiming during a concert at the New York State Fair in 2004, Springfield knocked her unconscious with his butt. Calcagno claimed his buttocks knocked her unconscious during the performance, causing during a concert, causing serious, disabling and permanent injuries. She claimed he stumbled and fell on her. The jury took 61 minutes to find in favor Read More →

$200 million settlement in crash of oil train in Canada

When a train of 72 oil tankers took off by itself unattended in the middle of the night in the city of Megantic in Canada it derailed, crashed, started a huge fire, destroying most of the downtown and killed 47 people. More than 60 of the tankers derailed and several exploded. A settlement was reached in ensuing lawsuit and the Maine-based railroad, Montreal, Maine & Read More →

Surgeon removes wrong organ in 2005, gets yelled at in 2014

In 2005, Dr. Gavish Patel was supposed to remove a patient’s spleen and instead removed a kidney. He was fined $2,500 and reprimanded 8 years later. Patel’s operation report noted that he removed a kidney shaped spleen and a few hours later a pathologist doing tests on the tissue noticed that it wasn’t a spleen but a healthy kidney. writes that the patient filed Read More →

Judge criticizes “ridiculously low” insurance rates in wrongful death case

The Adrian Michigan Daily Telegram reports on a wrongful death case where the judge criticized the “ridiculously low” car insurance limits after approving a $20,000 settlement in a wrongful death case. Police said the accident was due to unknown driver error. The driver, Dewayne James Shattuck  apparently crossed the center line and struck Nicole Lynn Deer’s oncoming auto head-on. Shattuck pleaded no contest to a Read More →

New law enacted to allow State Police widow to collect husband’s pension

A new law enacted by the New York State Legislature overturns an Appeals Court decision upholding the denial of benefits to widow of a State Police Officer. The law was signed by Governor Cuomo. It was specifically designed for one specific case. Back in April of 2014, we wrote about a widow of a New York State Trooper whose pension was denial as upheld by Read More →