A mother and her son claim for medical malpractice against a hospital. The action arises when the mother delivered her son and alleges that the infant sustained meconium aspiration syndrome and hypertonia as a result of the hospital’s mismanagement of her labor and delivery. Even if the infant was transferred…
Articles Posted in Nassau
Plaintiff Appeals Dismissal for Birth Injury Claim in NY Appellate Court
A thirty-seven year old woman consulted an obstetrician/ gynecologist. She had a thyroid condition and had given birth to a deformed child. She specifically went to this obstetrician for him to inform and advise her on the risk of having another deformed child if she were to get pregnant again.…
New York Appellate Court Discusses Concept of “Wrongful Conception” in Birth Injury Case
A thirty-seven year old woman got pregnant in 1974. When she and her husband learned that she was pregnant, they engaged obstetrical specialists. They treated her and cared for her during the rest of her pregnancy. These specialists also delivered her baby on May 10, 1975. The baby girl was…
Plaintiff Injured in Crane Collapse, New York Appellate Court Rules on Legal Fee Dispute
On March 15, 2008, a couple of Greek descent was sitting in their apartment on East 50th Street when a crane collapsed from the roof of a nearby construction site of a high rise building. The crane fell on the apartment of the Greek couple. The woman ran out of…
New York Appellate Court Discusses Liability in Products Liability Case
On 16 April 1973 at approximately 3:30 in the afternoon, natural gas which had escaped from a leak and accumulated in the basement of a building (premises liability) and exploded. The explosion and resulting fire killed someone, seriously injured three people, destroyed a building and caused extensive damage to other…
New York Appellate Court Decides Case Involving Injuries of a Child Due to Domestic Violence
A father asked a court to vacate an order of protection issued against the father and an order granting sole legal and physical custody of the father’s child to the child’s grandmother. According to the records of the case, the child’s mother left the child when the child was barely…
New York Appellate Court Rules on Trip and Fall Case on Sidewalk, Denies Defendant’s Summary Judgment Motion
The defendant, also the third party plaintiff in this case, has filed for a motion for summary judgment and to dismiss the third party complaint against another third party defendant. The defendant included in its motion also asserts that the insurance company must pay the housing company as part of…
Defendant Wins Summary Judgment in New York Appellate Court for Slip and Fall Case
At around 7:00 to 8:00 pm on September 11, 2002, a lady was walking on the sidewalk of Second Avenue to meet a friend at a yogurt shop. When she reached the part of the sidewalk halfway between East 46th and East 47th Streets, her foot turned and twisted to…
New York Appellate Court Rules on Trip and Fall on Airplane
The plaintiff has filed a complaint against the defendant for sustaining personal injury due to a trip and fallaccident. The plaintiff was boarding a plane at the airport when she suddenly tripped and fell to the ground. The plaintiff cited the slippery and defective condition of the floor of the…
High School Student Injured in Hit-and-Run Accident
An 18-year old high school student was struck by a car while walking in a middle school crosswalk. The driver fled the scene after the incident, reported a New York Injury Lawyer. The girl was not seriously injured, but was taken to a local hospital for the treatment of minor…