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Queens NY Medical Malpractice Law Blog

Steel beam falls and leads to fatal construction accident

With the amount of building and maintenance throughout New York, construction workers know they can earn good pay doing this type of work. Even with that, there are still inherent dangers that go along with it. These dangers can lead to catastrophic injuries and even fatalities. Issues such as dangerous conditions and falls are often the reason these accidents occur. For the injured party and his or her family, a legal filing can help with paying for the costs and aftermath of such an incident.

Two construction workers, 47 and 43, died when in a lunchtime accident when they were hit by a falling steel beam that weighed approximately 6,500 pounds. The beam came loose from a crane that was working on an apartment complex. It was around four stories high when the accident happened. As it fell, it hit the man who was operating the crane and then hit a man on the ground who was assisting in guiding it. When emergency personnel arrived at the scene, the men were already dead.

What is a never event with regards to negligence?

As the name suggests, a never event is something that should never happen and if it does, it is indicative of a serious underlying issue. With regards to medical practice, a never event refers to a wrong-site, wrong-procedure, wrong- patient error. This means a patient has undergone a surgery intended for someone else, or an incorrect procedure altogether or surgery on the wrong body part.

When New York residents go to the hospital for either a routine procedure or an emergency one, they expect to return from the hospital in a better state than what they went in with. They expect that those operating on them will due their duties with the highest standard of care, not that they might end up removing an organ from the right side instead of the left side or that a procedure intended for someone with a similar last name was performed on them.

What are some common defenses to medical malpractice?

New York's doctors and nurses are typically well-educated and well-trained. Yet, despite their years of preparation, nothing can fully prepare them for the unique and challenging circumstances that await them. Many medical professionals are able to rise to the occasion, but many others fail to even meet the applicable standard of care. When these doctors and nurses fail, innocent patients are harmed. In an attempt to recover their losses -- which may include lost wages and medical expenses -- these individuals may pursue a medical malpractice lawsuit.

However, many medical malpractice claims are hotly contested. Well-off doctors ,and the hospitals at which they work, have a mountain of resources at their disposal and they will use them to the fullest advantage. Therefore, plaintiffs need to be as fully prepared for battle as they can. One way to do this is to anticipate the potential defenses the injured party may face.

Labor Law Section 240 addresses scaffolding safety

Though it isn't supposed to be, working construction can be extremely dangerous. Workers may be asked to perform their duties at extreme heights, near fast-moving vehicles or near heavy and dangerous machinery. Fortunately, state and federal regulations seek to ensure construction workers safety.

For example, New York Labor Law Section 240 spells out the safety requirements for scaffolding and other equipment that must be met. Under that law, contractors and owners must provide and erect all scaffolding, hoists, ladders, ropes and other devices used while working on a building. Such scaffolding must have a safety rail that is attached properly, utilizing bolts, braces or other devices that extend the length and the ends of the scaffolding. The purpose of this is to ensure that the scaffolding doesn't sway and cause workers to fall.

New York City hospital accused of "extreme medical negligence"

A New York City woman began having contractions and was admitted to a Lower East Side hospital. After an examination, she was discharged. However, she woke up in the morning with much more powerful contractions and pain. She went into labor in the bathroom of her home; a neighbor delivered the child.

She was taken to a different hospital after the delivery. There, surgeons attempted to manually deliver the placenta. According to the medical malpractice lawsuit her husband has filed against the hospital, she went into shock during the attempted placenta delivery and her blood pressure dropped.

What to do after a misdiagnosis

With a serious illness, especially cancer, it is essential to act quickly. Every day that you don't get the treatment you need, your health and life is put at risk.

When a doctor misdiagnoses your illness, it can cause you serious injury. But you can take action.

What if the other driver wants to pay cash after an accident?

You are in an accident. You get out of the car to look at the damage. The other driver is in a panic, explaining that they can't have this on their insurance. They don't want you to call the police. The other driver then makes you an offer: he or she will pay you in cash to fix the damage to your car.

Should you take the money? Do you need to call the police? Does it need to be reported on your insurance?

Going to college this fall? Apply for our scholarship.

The law firm of Chiariello & Chiariello in New York is offering a $500 scholarship to a student entering college this fall. This scholarship can help one student who graduated from high school in 2016 and is heading to college this fall. The money must be used to help with educational costs such as books, supplies and other expenses related to their education.

To apply, visit our website and submit:

Disturbing medical malpractice cases

Most New Yorkers depend on doctors and other healthcare professionals to treat their injuries and illnesses. While many people implicitly trust their doctors, medical professionals unfortunately often make mistakes that can lead to serious injury or even death. Some of the most disturbing medical malpractice cases demonstrate the types of serious problems that can happen.

In one case, a New York couple used the services of a fertility clinic in order to help the woman get pregnant. The clinic impregnated the woman and she did give birth. However, the clinic had used the wrong man's sperm, and the infant was of a different race than the parents.

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