Recent Blog Posts
Appellate Division Case Asks Whether Doctor Had Continuing Responsibility for Patient’s Condition
Doctors owe a duty to provide reasonable medical care and advice to their patients that follows established good practice in their field or specialty. If care or advice fails to comport with established good practices and the patient suffers as a result, that doctor will be responsible for the patient’s worsened condition. Should that… Read More »
Lane-Drift Accidents Often Tied to Driver Disability and Distraction
Driving next to someone who slowly creeps over into the neighboring lane can be frightening. It’s difficult to know whether that driver is intoxicated, nodding off, or simply not paying attention to the road. A recent study examined the causes of so-called lane-drift car accidents, and the role that incapacity, distraction, or intoxication played… Read More »
Court of Appeals Reverses Summary Judgment in Favor of Doctor in Malpractice Action
The highest court in New York State, the Court of Appeals, recently considered a medical malpractice case looking at whether or not a lower court was correct in dismissing the claims of an injured patient. The justices concluded that the Appellate Division had been wrong to grant a summary judgment motion in favor of… Read More »
Appellate Division Allows Claim for Nursing Home Fall Victim to Move to Trial
In an opinion recently issued by the New York Appellate Division, the court reversed a trial judge’s decision and permitted a lawsuit for a nursing home’s negligence to move forward to trial. The case, titled Petralia v. Glenhaven Health Care Org., centered on an 88-year-old woman suffering from dementia who had become a resident… Read More »
Lawsuit Seeking Damages for Injuries to Disabled Woman Moves Forward
In a recent opinion that upheld a trial court’s decision, a claim for damages made by a disabled woman after she was injured while riding public transportation will now proceed toward trial. The events at the center of the case titled Houston v. New York City Transit Authority occurred on a public Access-A-Ride vehicle… Read More »
Claim against Private Contractor Permitted to Move Forward
When roads, bridges, and highways are negligently allowed to reach a state of disrepair, local and state government offices can be held responsible when those dangerous public areas cause accidents and injuries. In a recent case before the Second Department of the New York Appellate Division, the judges looked at who might bear responsibility… Read More »
Appellate Division Upholds Liability Finding under § 240(1) for Ladder Fall Victim
In a recent decision by the First Department of the New York Appellate Division, the panel upheld a trial court’s decision to grant an injured worker’s motion for summary judgment, holding a defendant owner liable for failing to meet its duties under New York’s scaffold law. The case, titled Cronin v. New York City… Read More »
Wrong-Patient Errors Common and Preventable
If you have been admitted as a patient in a hospital, you know how quickly things happen and the number of different doctors who are likely to be involved in your care at some point. It turns out that this level of confusion can result in errors regarding the most basic information on a… Read More »
Patient Permitted to Continue Pursuing Claims against Negligent Doctor
In a case recently coming before the Second Department of the New York Appellate Division, Pichichero v. Falcon, the court rejected the defendant doctor’s attempt to dismiss a patient’s complaint for being made too late. The Second Department includes Staten Island, Brooklyn and Queens, Nassau and Suffolk counties. The plaintiff in this case, Glen… Read More »
Multiple Parties May Be Held Legally Responsible for Accident
In a recent opinion of the Second Department of the Appellate Division, which covers Queens, Kings, Richmond, Westchester, Nassau, Suffolk, Dutchess, Orange, Rockland and Putnam counties, an accident victim will be allowed to proceed in court pursuing her personal injury damages after the defendant failed to have her claim dismissed. The case centered on… Read More »