Articles Tagged with wrongful death

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As a firm with decades of experience handling medical malpractice cases, the law firm of Queller, Fisher, Washor, Fuchs & Kool, LLP has represented victims injured due to various types of medical malpractice.  Unfortunately,  a medical error involving the incorrect administration of medicine is a scenario that arises more frequently than most would believe.  These situations do not typically garner headlines such as the recent report wherein a Russian woman was mistakenly injected with formaldehyde instead of saline according to a published news article.  Formalin contains formaldehyde which is used to preserve or “embalm” dead bodies.

The woman was apparently undergoing a procedure for the removal of ovarian cysts.  During the procedure, she as injected with formalin, which contains formaldehyde, instead of saline because the staff at the hospital failed to read the name on the vial.  By the time the mistake was realized, it was too late and the woman died as a result of the poison being introduced into her system.  Those responsible for this tragedy have apparently been terminated or otherwise held accountable.  In all likelihood, various members of the hospital staff, and the hospital itself, would be liable for medical malpractice and the wrongful death of this woman.

The reported situation is unique in that it is a clear case of medical malpractice and would likely fall under the category of hospital negligence.  Medical malpractice involves a breach of the duty of reasonable care by a medical professional or medical facility which results in injury or death to a patient.  If this happened in New York, the expert opinion of a doctor would be required prior to the institution of a lawsuit, despite the obvious nature of the medical malpractice to the general public. New York, and many states, require this expert review in order to prevent the filing of frivolous medical malpractice lawsuits.

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Bus accidents are often among the most tragic and involved personal injury matters largely due to the number of people who are often injured as a result.  Recently, the terrible crash involving the  Canadian Junior ice hockey team from Humbodlt, Saskatchewan resulted in the deaths of 15 people and a number of other injuries.  This crash made news across the globe due to the age of the victims and the number of deaths involved.

This past weekend, a bus accident occurred in New York on the Southern State Parkway on Long Island.  According to a report by the New York Daily News, a charter bus carrying Long Island teenagers coming home from a school Spring Break trip, crashed into an overpass on the highway.  Six of the passengers on the bus sustained serious injuries and another 37 sustained minor injuries.  According to the report, the height of the bus exceeded the height restriction for the Southern State Parkway.  The driver of the bus was apparently unaware of the height restriction.

When someone injured or killed in a bus accident, it is important for the victim and the victim’s family to understand their legal rights.  The attorneys at Queller, Fisher, Washor, Fuchs & Kool, LLP have extensive experience representing the victims of bus accidents, as well as the skills and expertise to conduct a thorough analysis of the legal issues in the case.

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Construction worker at a height

OSHA is investigating the death of a construction worker who died due to injuries sustained at the Wynn Boston Harbor construction site in Everett, Massachusetts on Tuesday according to a report by Fox 25 News in Boston.  The exact circumstances are still under investigation.

In New York, construction accidents such as the one described above touch upon various aspects of personal injury law, including the Labor Law and Wrongful Death Law.   The law firm of Queller, Fisher, Washor, Fuchs & Kool, LLP has over 50 years of expertise in handling construction accident and wrongful death cases.  Based on our experience, our legal analysis of this accident under New York law would necessarily involve these two aspects of the law.  The New York Labor Law Section 240 was enacted to protect workers from height or gravity-related accidents.  Although often called the “Scaffold Law,” it also can involve construction workers injured by materials which have fallen from a height due to improper hoisting, securing, etc.  This law imposes absolute liability on owners and general contractors who violate its terms resulting in injuries to workers lawfully on the premises.