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Queens NY Medical Malpractice Law Blog

New York man pleads guilty to manslaughter in 2013 crash

A Patchogue man pleaded guilty to manslaughter on Feb. 20 in a case that involved a fatal automobile accident in Sayville in 2013. The man was allegedly driving while on narcotics when he veered into oncoming traffic and caused a head-on collision. The driver of the other vehicle died, and the passenger of that vehicle was seriously injured. After the plea deal, the man was sentenced to 21 years in prison.

The surviving driver reportedly was driving while high on PCP and morphine, among other drugs, at the time of the car accident. The man was originally indicted for second-degree murder and vehicular homicide, among other crimes, before reaching a plea deal and pleading guilty to first-degree manslaughter. The district attorney said that there was a very high level of legal burden to prove the man was guilty of murder by "depraved indifference" beyond a reasonable doubt. In a recent case, a Babylon man was acquitted by jury on such a murder charge.

Laryngeal nerve trauma during birth

Children in New York may experience some degree of trauma during the process of birth. There is also a possibility that conditions in the womb may have caused damage to the nascent child. Birth trauma is expressed in many forms, but one common symptom of natural birth trauma and medical errors during delivery can be injury to the laryngeal nerve.

The laryngeal nerve is a critical nerve that runs down the throat. The infant may find themselves in a position in the womb that twists their neck and then puts pressure on it, or they may encounter a sharp twisting motion as they are brought through the birth canal. This can stretch and damage the nerve.

New York bus accident may cost teen her leg

A teenager suffered a severe leg injury on Feb. 13 when an MTA bus struck her while she tried to cross the street in Williamsburg. A law enacted in May 2014 will result in the driver who hit the 15-year-old girl facing criminal misdemeanor charges.

The authorities reported that the pedestrian accident occurred around 8:45 a.m. as the teen attempted to cross north on Grand Street while the Q59 bus turned left onto the street after coming from the south on Union Avenue, and the girl's leg became pinned under the bus after it hit her. The teenager was taken to Bellevue Hospital in stable condition, but it seems likely that she will lose her leg as a result of the crash.

New York hit-and-run victim identified

On Saturday, Feb. 7, an initially unidentified pedestrian was killed when she was struck by a blue Jeep Liberty as she was crossing Deer Park Avenue at about 8:30 p.m. The 48-year-old Dix Hills woman has now been identified and the alleged perpetrator has been arrested.

The Jeep driver, a 57-year-old Deer Park woman, initially stopped at the scene but fled before the authorities arrived. Witnesses were able to describe the vehicle to responding officers, and the woman was arrested a short while later when she was spotted by an officer while traveling north on Deer Park Avenue. She was charged with leaving the scene of an accident resulting in death, was being held at the First Precinct and was to be arraigned on Feb. 8 at First District Court in Central Islip.

Driving with worn tires on New York roadways

Tires are something that few people worry about unless they are close to being bald, but according to tests conducted by Consumer Reports, tires may have lost their ability to grip the road before the manufacturer's guidelines require replacement. New tires have grooves that are about 10/32 of an inch deep, and most tire companies recommend replacement when they are worn down to 2/32 of an inch deep.

When Consumer Reports tested sets of tires that were new and compared them to ones that were half worn, it discovered that the newer tires performed measurably better in inclement weather. Based on the results, researchers said that people living in areas with frequent snow or rain may want to replace their tires when grooves reach 4/32 of an inch deep instead of at 2/32.

Assisted delivery may be risky

As many New York parents may know, there are times when assistance is needed during childbirth. Instruments, such as a vacuum extractor, are commonly used to help the baby move through the birth canal when a mother needs help during delivery. The vacuum extractor uses suction applied to the top of the baby's head through the use of a small plastic cup.

The vacuum extraction method for assisted delivery is not without risk to both mother and child and has been found to be less successful than other methods, such as forceps, in several studies. In addition, vacuum extraction is limited to deliveries following a gestational period of 34 weeks or later. If this procedure is done on premature babies, it may result in brain hemorrhage.

Measles and misdiagnosis

As residents of New York might know, cases of measles have reached numbers that have not been seen in the past two decades, and infection may occur in unvaccinated individuals. Measles is a contagious infection that causes fever, rash, cough and pink eye. In some cases, measles may lead to the death of the individual who contracts it. According to an infectious disease specialist in Philadelphia, members of the health community might benefit from becoming more familiar with the disease.

Large-scale vaccination provides immunity to a large group, referred to as 'herd immunity," if a certain percentage of the group receives the vaccine. However, many areas are under below this threshold. In 2004, 37 cases were reported in the United States and, in 1962, 481,530 cases occurred in the country, as reported by the Centers for Disease Control and Prevention. The numbers of measles cases have been increasing yearly, and the CDC advocates vaccinating children with the MMR vaccine at the ages of 12 to 15 months and again at 4 to 6 years.

Learning more about distracted driving

New York residents might be interested in learning more about some statistics associated with distracted driving. Drivers under the age of 20 are cited as being the most at risk of being involved in a fatal crash attributable to distracted driving. This demographic accounted for the highest proportion of fatal accidents described as being distraction-related. A study conducted by the Centers for Disease Control and Prevention fount that nearly 50 percent of American high school students who are at least 16 years of age admitted to texting or emailing while behind the wheel.

The CDC study also found that the ones texting and driving were two times more likely to be in the vehicle with someone who had been drinking or five times more likely to be drinking and driving than students who do not text while behind the wheel. In addition, the students who texted frequently were more likely to be in the car with someone drinking and driving than those who texted less frequently while driving.

Distracted driver at fault for fatal New York bus accident

A distracted bus driver has been found at fault for an accident in North Hudson on July 18. Police determined that alcohol, drugs, cellphone use, mechanical issues and road and weather conditions were not factors in the fatal accident.

According to New York State Police, the fatal auto accident took place on I-87 in North Hudson, when a 2008 commercial bus was carrying 55 passengers from south from Quebec, Canada, to New York City. The vehicle reportedly veered into the left lane then off the road into the shoulder. After that, the bus hit some wires and continued down an embankment for about 300 feet before coming to rest on the driver's side.

Whiplash is probable after a car accident

People from the New York area who are experiencing dull and aching neck pain, equilibrium problems, dizziness, difficulty concentrating or headaches after being in a car accident may have whiplash. While whiplash can occur after any type of fall or injury, it occurs the most frequently in a car wreck because of the sudden back and forth jolting of the neck. The symptoms of this medical condition may be less moderate at first, but without proper medical attention, they might become more severe with time.

It is possible for lasting symptoms to develop as well if the individual does not consult with a physician. A whiplash injury can cause vertebra to become fractured and, in some cases, dislocated. A medical professional who specializes in neck or back injuries could help to identify the extent of damage a whiplash injury has caused.

Chiariello & Chiariello - Forest Hills Law Firm Glen Cove Office
Chiariello & Chiariello
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Glen Cove, NY 11542

Telephone: 888-692-1540
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Chiariello & Chiariello - Glen Cove Law Firm Forest Hills Office

Chiariello & Chiariello
118-21 Queens Boulevard Suite 609
Forest Hills, NY 11375

Phone: 888-692-1540

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