Tag Archives: Negligence

Couple files “Wrongful Life” lawsuit

A Long Beach, California couple are suing Long Beach Memorial Medical Center for wrongful life and wrongful birth claiming their negligence denied them the option of having an abortion. Javier Sanchez and Samantha Hernandez told her OB/GYN that wanted tests for genetic disorders because they said she and Sanchez could not afford to raise a child with congenital conditions. The tests were performed, but the doctor failed Read More →

City Council weighs construction safety reform

Queens councilman Rory Lancman is calling the city council to expedite his bill that would increase worker safety on construction sites. Th Occupational Safety and Health Administration Notification Act, was languishing in the  council until last month’s New York Times article on the increase of deaths on construction sites in New York City. More than 10 workers have died on construction sites since July 2014 Read More →

Does “defensive medicine” reduce malpractice risks?

In the controversy over defensive medicine and its relationship to medical malpractice claims, studies seems to be done every couple of years that contradict each other. Now yet another study has been released. What is defensive medicine? The Congressional Office of Technology Assessment (OTA) provided this definition in 1994. Defensive medicine occurs when doctors order tests, procedures, or visits, or avoid high-risk patients or procedures, primarily Read More →

Aunt sues 12 year-old nephew for breaking her arm, loses.

A woman who sued her 8 year-old nephew for breaking her wrist in has lost her case. 54 year-old Manhattan resident Jennifer Connell sued her nephew in Connecticut Superior Court in 2013 claiming negligence. She claimed that as she arrived at her then 8 year-old nephew’s birthday party in 2011, he was excited to see her and ran up and jumped into her arms, knocking them Read More →

Construction accidents up in NYC

Back in June, ten people were hurt when a 12-ton heating and air-conditioning unit fell from a crane and fell 30 stories to the sidewalk on Madison Avenue. Last month a 19 year-old Ecuadoran immigrant working on a construction site was killed when a retaining wall fell on him. Last week, worker died after falling 13 stories from a scaffold at 76th Street and 1st Avenue. Read More →

Construction managers charged in death of worker

Two construction managers who are charged in the death of a construction worker crushed by a collapsing wall have surrendered to police. Wilmer Cuevas and Alfonso Prestia, were indicted for allegedly refusing to shut down a construction site on 9th Avenue on April 6th  after an engineer sent to  observe the work warned them it was too dangerous. They are charged with criminally negligent homicide, manslaughter and Read More →

NY Liability law broadened…in 1910

We’ve written in the past about New York States Scaffolding Law which requires safety measure for construction workers who work at heights. The law’s real name,  Labor Law 240 is intended to protect workers from the number one cause of injury and death in the construction injury, falls from scaffolding. Under the law, owners of constructions companies are required to supply safety equipment to their workers. Read More →

Tort reform, GM and McDonalds

When tort reform advocates want to show how the legal system is overrun with frivolous lawsuits, they trot out the infamous McDonald’s hot coffee incident. They use this case as the poster child for tort reform. But was it as frivolous as they claim? The story goes as follows: In 1992, a 79-year-old woman from Albuquerque, New Mexico ordered a cup of coffee from the Read More →

Questions raised over Congress’ doctor

Former Ohio Representative, Steven LaTourette is planning to sue the congressional medical office and the federal government for medical malpractice claiming negligence surrounding his cancer diagnosis. Currently he is pursuing administrative claims against the federal government which is required before filing an actual lawsuit. He filed an administrative claim last month with the U.S. Department of the Navy Office of the Judge Advocate General (JAG). Under federal to Read More →

Cabbie tries to dodge wrongful death lawsuit on a technicality

An NYC cabbie who hit and killed an  9-year-old boy in an Upper West Side cross walk is trying to get his wrongful death lawsuit dismissed claiming he wasn’t properly served court papers. The tactic angered the parents of the boy who were outraged when the cabbie was only fined In January 2014,  Koffi Komlani was making a left-hand turn on 97th Street and West End Read More →