Articles Posted in Wrongful Death

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Surgery-general
Individuals who have suffered an injury due to a botched surgery can face many hardships. Surgical malpractice may cause patients to suffer serious injuries and may be fatal in some cases. A recent trend involves patients seeking medical treatment overseas due to a variety of reasons, mainly involving the costs associated with elective procedures which are not covered by insurance. Unfortunately, as is too often the case, many foreign countries do not have the same standards for health care and medical treatment as can be found in the U.S.A. When a mishap occurs overseas, a patient or their family may have a remedy limited by the laws of that country or they may have no remedy at all.

Recently, a young woman died as a result of a botched plastic surgical procedure performed in the Dominican Republic according to an article in the New York Daily News. This 25-year old Bronx mother of two died from what was a likely act of medical malpractice in the Dominican Republic. Had this surgical procedure occurred in New York with the same tragic outcome, New York law would provide a remedy for her loved ones to ensure that the responsible parties could be held civilly liable. In this way, her children would potentially receive some financial security as some compensation for the loss of their mother.

However, when a tragedy like this occurs due to negligence in a foreign country like the Dominican Republic, New York law may not apply and their likely will be no basis to sue the culprit surgeon in New York absent a showing of some connections to New York. The most likely situation will be one wherein any lawsuit will have to be brought in the Dominican Republic and subject to their laws. This is not a factor for many people in deciding to have elective surgery in a foreign country, but it is an unfortunate reality when something goes wrong.

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Cross-over accidents resulting in head-on collisions are among the most serious types of motor vehicle accidents due to their unexpected suddenness and the forces typically involved. According to CBS New York, a cross-over accident on the Grand Central Parkway claimed the life of one person and left 8 others injured. According to this report,the accident occurred at approximately 6:30am on Sunday morning. A vehicle traveling westbound on the Grand Central Parkway near 188th Street in Queens crashed through the center divider and into eastbound traffic. Three vehicles were involved in the crash with an SUV flipping onto its roof and a minivan landing on its side.

Have you or someone you love suffered an injury in a head on collision? If so, you may be entitled to compensation. For a free, no-obligation case review, call 212-406-1700 or contact us online. Queller, Fisher, Washor, Fuchs & Kool take cases on a contingency fee basis, meaning clients will not be charged unless there is a recovery.

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Lung cancer is among the deadliest form of cancer in the United States today. Due to the high fatality rate associated with lung cancer, successful treatment relies on the cancer being identified in its earliest stages. Early and accurate diagnoses often make the difference between life and death. In a recent article by CNN Health, doctors reveal 10 things they want the public to know about lung cancer.

Unfortunately, seeing a doctor doesn’t necessarily ensure that a patient will have their cancer properly identified. Unfortunately, it is not uncommon for doctors to misdiagnose their patient’s cancer symptoms. In many cases, a doctor’s misdiagnosis of a patient’s lung cancer may be the result of negligence. If negligence was the cause of the lung cancer misdiagnosis, the sick patient may be able to file a medical malpractice lawsuit.

Are you or someone you love suffering from lung cancer? Did the doctor initially misdiagnose the cancer? If so, you may be able to recoup compensation for your hardships. For a free review of your legal options, call 212-406-1700 or contact us online.

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The partners and staff of Queller, Fisher, Washor, Fuchs & Kool, LLP would like to wish everyone a happy and safe 4th of July holiday weekend! It is an unfortunate truth that the incidents of drunk driving in New York increase during holiday weekends such as the 4th of July. Please be careful and responsible so you that and your family and everyone else can have a safe and fun holiday.

The National Highway Traffic Safety Administration reports that nearly one-third of all fatal auto accidents are caused by impaired driving. Accidents caused by drivers under the influence of alcohol or drugs are often very serious because drunk drivers tend to speed, weave into other lanes and miss traffic signals.

Driving under the influence of alcohol is illegal in New York and comes with stiff penalties, such as fines and jail time. Unfortunately drivers who violate the law by operating vehicles while intoxicated are not the only people affected by their criminal behavior. Unfortunately, intoxicated individuals adversely affect others when they choose to get behind the wheel of a car. New York had 315 alcohol-impaired driving deaths in 2011 alone. Due to the fact that driving under the influence of alcohol is illegal, getting behind the wheel of a car following the consumption of alcoholic beverages can constitute a negligent action. Accidents involving drunk drivers often involve serious or catastrophic injuries, and in some cases prove fatal.

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A worker at a Manhattan construction site plunged 10 stories to his death on Monday when the wooden platform on which he as standing collapsed. According to a report by the New York Daily News, the 62-year old man was doing a survey on the 16th floor when the tragedy occurred. He fell 10 stories before landing on the 6th floor. He was pronounced dead at the scene.

The New York City Buildings Department issued a violation to the contractor for failing to safeguard the site and also issued a full stop-work order at the building.

This tragedy underscores the need for enhanced safety at construction sites as well as the the continued efforts of our legal community to hold construction companies accountable for their lapses in safety.

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Cross-over accidents are often the most deadly and tragic type of motor vehicle accident because of the forces involved and their sudden, unexpected nature. On Tuesday morning, an off-duty Summit police officer, Matthew Tarentino, was on his way to work when the tragedy occurred. According to a report by CBS New York, a vehicle heading westbound on Interstate 78 crossed over the grass median and struck the vehicle driven by Officer Tarentino. The driver of the vehicle which crossed over the median died later in the day. Officer Tarentino was 29-years old at the time of this terrible accident. He left behind his wife, two children and another on the way as his wife is pregnant with their third child. Our thoughts and prayers go out to his entire family.

Cross-over accidents, such as this one, usually will result in a head-on collision. Head on collisions can have devastating, life-altering consequences for all individuals involved. These types of car accidents can result in debilitating injuries and are fatal as can be seen above. In addition to suffering serious injuries, victims of head on collisions may be forced to face financial hardships. A head on collision can cause individuals to miss significant time at work, face high medical bills, and result in lasting physical and emotional pain.

The steps toward being properly compensated following a head on collision can be complicated. Hiring a lawyer can help simplify the process. A skilled attorney can file complicated paperwork necessary for a lawsuit, work with the insurance companies, and help ensure that victims are not taken advantage of.

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On Tuesday afternoon at around 1:30pm, a fatal car accident occurred on Route 22 just north of the Milltown Road intersection in Brewster, New York. According to a report by the Chappaqua Daily Voice, one person was killed and two others were seriously injured as a result of this head-on-collision. The nature and extent of the injuries remains unknown as the victims were transported to nearby Danbury Hospital.

Head on collisions can have devastating, life-altering consequences for all individuals involved. These types of car accidents can result in debilitating injuries and are fatal in some cases. In addition to suffering serious injuries, victims of head on collisions may be forced to face financial hardships. A head on collision can cause individuals to miss significant time at work, face high medical bills, and result in lasting physical and emotional pain. Fortunately, New York state law allows individuals who have suffered injuries in a head on collision to file a lawsuit to recoup compensation for damages. Individuals who have been injured in a head on collision should seek the counsel of an experienced car accident lawyer. At Queller, Fisher, Washor, Fuchs & Kool, our personal injury team realizes that a head on collision can drastically change the lives of the individuals involved. As a result, we pursue maximum compensation for all of our clients.

If you or someone you love has suffered a serious injury or died in a head on collision, you may have legal recourse. To see if you have grounds to file a lawsuit, call (212) 406-1700 or contact us online. Queller, Fisher, Washor, Fuchs & Kool will review your claim to see how we may be able to assist you. All consultations are free and require no obligation.

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Surgery-general
Simultaneous or concurrent surgeries are an accepted, if not widely-known, practice among many hospitals and medical providers. As reported by CBS New York, this practice is a profit-driven practice wherein a surgeon has multiple operations occurring at the same facility at the same time. The surgeon does the important parts of the multiple procedures while assistants perform those “routine” parts. Often, the patients are completely unaware that their chosen surgeon is not present for the entirety of their procedure.

The question then becomes, does this practice, which is obviously driven by money, increase the risk of injury or unexpected outcomes to patients? At a bare minimum, patients should be told that their surgeon and medical facility is employing this practice in the operative suite. Common sense would indicate that a surgeon who agrees to operate on a patient should not book another surgery at the same time. If there is a surgical error due to a timing event or lack of focus, the consequences could be catastrophic. For example, if the surgeon leaves the operating room and an emergency arises, the patient would be left in the hands of a resident or other, less-experienced surgeon. Such a situation would undoubtedly raise questions of potential medical malpractice.

Individuals who have suffered an injury due to a botched surgery can face many hardships. Surgical malpractice may cause patients to suffer serious injuries and may be fatal in some cases. In addition to physical hardships, botched surgeries can force injured patients to suffer numerous financial difficulties. Surgical malpractice can cause patients to suffer lost wages, high medical bills not covered by insurance, and lasting pain and suffering. As a result, victims of medical malpractice may be able to file a lawsuit against the doctor who performed their surgery. Patients who have been injured during surgery should not hesitate to contact a New York surgical malpractice attorney. At, Queller, Fisher, Washor, Fuchs & Kool, L.L.P., we understand how difficult the period of time following a surgery-related injury can be. We are committed to helping get our clients’ lives back on track. As a result, we pursue maximum compensation for all of our clients.

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In 2015, there were 25 deaths involving construction workers in New York City. Of those 25 deaths, 18 involved immigrants, with 13 being from Central and South America according to a report published in Crain’s New York Business Magazine.

Attorneys who practice construction accident law in New York City are well aware that a large percentage of construction workers are Latin-American immigrants with many countries in Central and South America being represented in the construction worker labor force. These workers often have little control of the dangerous nature of the jobs they perform and are tasked with activities that routinely put them at risk for injury and death. Lawyers in this area of law routinely tell stories of clients who would get fired and/or threatened with deportation if they dared to complain about inadequate safety devices or hazardous working conditions.

The attorneys at Queller, Fisher, Washor, Fuchs & Kool, LLP are recognized leaders in construction accident law in New York. Our office has handled hundreds of construction accident cases for clients injured or killed on construction sites, particularly workers from Central and South America.

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Wrongful-death-Bills
Benjamin Franklin famously said, “In this world nothing can be said to be certain, except death and taxes.” Of course, death is a natural part of the circle of life. It is when death comes prematurely that people often seek the counsel and assistance of an attorney. Not all deaths will form the subject of a lawsuit.

According to the New York State Department of Health, the 3 most common causes of premature death in New York City are:

  1. Cancer – for there to be a possible medical malpractice case in the setting of a premature death from cancer, it must be shown that a medical provider failed to timely or properly diagnose cancer and this failure or delay was a substantial factor in causing the cancer to spread leading to a premature death.