Articles Tagged with wrongful death

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The United States of America has the highest mortality rate for women during childbirth than any other developed country.  Pregnancy-related deaths in the United States have risen since 2000 while other countries’ rates have gone down.  Recently, the New England Journal of Medicine has called for standardized care for the treatment of women in labor in an attempt to reduce the number of pregnancy-related deaths due primarily to heavy bleeding after delivery, elevated blood pressure, and blood clots before or after delivery as reported in a recent article by NPR.ORG.

The reports and results are disturbing as the birth of a child should be one of the most beautiful moments of a parent’s life. Many people associate medical malpractice during childbirth as causing injuries to the infant.  However, as those familiar with New York Medical Malpractice law know, there are numerous reported cases of injuries sustained by the mother giving birth, with many of those injuries resulting in death.

At Queller, Fisher, Washor, Fuchs & Kool, our New York medical malpractice lawyers have decades of experience handling medical malpractice lawsuits involving injuries to woman as a result of medical negligence during the birthing process.  As is evident from the above article, there appears to be a growing disconnect between the medical profession and the proper medical care of woman giving birth.

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Summer brings many of the joys of enjoying the outdoors and recreational activities such as hiking, swimming, and boating.   Unfortunately, it often gives rise to tragic accidents associated with those activities, particularly when it comes to boating.  According to a report by the New York State Office of Parks Recreation and Historic Preservation (OPRHP), there were 22 reported boating fatalities in 2017 which was the same as 2016.

An analysis recently conducted by the New York Daily News revealed that there were 15 fatal boating accidents in upstate New York in 2017.  Many of these fatalities involved people not wearing Personal Flotation Devices (PFDs), commonly referred to as “life-vests.”  Drugs and/or alcohol were reported to also be a factor in a number of the deaths.

Persons injured or killed as a result of the negligence of a boat operator have a recourse through the New York civil justice system.  Boat operators in New York are not required to maintain insurance, but still may be held liable for injuries caused due their negligence similar to operators of motor vehicles.  Usually, responsible boat owners will maintain insurance for injuries caused by their negligence as well as property damage and other items unique to boating.  From an attorney’s perspective, an inquiry must be made immediately as to whether the boat owner/operator has applicable insurance and/or the assets available for a meaningful recovery.

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When tragedies occur, it is natural for people to try to assign blame wherever they can.  From a lawyer’s perspective, the issues are rarely as black and white as the general public would like them to be.  On Friday morning, a homeless man was found dead under a downtown R train in Brooklyn at the Court Street Station in Brooklyn Heights.  According to a report by the New York Daily News, the homeless man fell or was struck by the train while walking on the tracks at approximately 4:00am.

This accident, while undoubtedly tragic, requires a detailed legal analysis to determine who is to blame and if there would be reasonable chance of recovery if a lawsuit was brought.  Various areas of New York personal injury law, General Municipal Law, and Estates Powers and Trusts Laws are instantly implicated and need thorough analysis at the outset.

The attorneys at Queller, Fisher, Washor, Fuchs & Kool, LLP have over 50 years of experience in the litigation of personal injury cases.  It is this experience in handling these legal matters which gives insight into the appropriate legal analysis of the above-referenced accident and the applicable New York laws.  At first blush, the train accident described above involves a man being struck and killed by a subway train.  Before the analysis of the relevant culpable conduct of the potentially liable parties can begin, other steps must be taken.

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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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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.