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Articles Posted in Suffolk County

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NY Appellate Court Confirms Improper Care of Infant, Judgement for the Plaintiff

Queens Birth Injury 15 This case is being heard in the Special Term of the Queens County Supreme Court. The original plaintiffs of the case are John Joseph Shea III, who is an infant under 14 years old, represented by his guardian John Joseph Shea II and John Joseph Shea…

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Request for Summary Judgment Denied in Medical Malpractice Case – Peterson v. Andrew Garber, M.D., 2007 NY Slip Op 32866(U) (N.Y. Sup. Ct. 9/6/2007)

In this medical malpractice case, the court must decide whether the plaintiff’s expert testimony was sufficient to rebut the defendant’s expert’s testimony which established a prima facie showing supporting the defendant’s motion for summary judgment dismissal. Plaintiff Peterson filed a medical malpractice lawsuit against defendant Dr. Garber. In her claim,…

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Infants Personal Injury Award Paid to Welfare Department

The female complainant was a public charge from the time of her birth and maintained by the County Welfare Department infants’ homes and foster homes. She was married and was removed from the Welfare rolls. A New York Injury Lawyer said in 1955 the complainant was involved in an automobile…

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Court Decides if Insurance Co. Liable in Hospital Mishap

The wife of the complainant went to a Hospital where she had a normal delivery of a child and she remained for five days at which time she and the infant were discharged. The facts further indicate that the child was born with a right congenital hernia. In the best…

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Plaintiff Sues For Slip and Fall in Parking Lot, Defendant’s Summary Judgement Motion Denied by NY Appellate Court

One rainy day in December 2007 at around 6am, a woman drove into the parking lot to go and buy breakfast at a deli. It had rained overnight and it was still dark, the parking lot was not brightly lit. The woman got off of her car and started walking…

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Plaintiff Brings Action for Birth Injury, Doctor’s Motion for Summary Judgement Denied

A mother and her child filed a medical malpracticelegal action against a hospital and three doctors. The mother allege that the hospital and the doctors basically failed to timely schedule a cesarean section as well as her delivery to her infant which was in double footling breech presentation. A double…

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Plaintiff Unable to Prove Negligence in Slip and Fall Case

When a person is injured in a place of business it is important that they notify that place of business immediately and in a timely manner. Failure to notify the management can cause the management to doubt the situation existed. It is also a matter for dispute in court. In…

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NY Court Decides of Statute of Limitations Has Run on Medical Malpractice Claim

In September of 1993, a woman entered the delivery room of Nassau County Medical Center to deliver a baby boy. The doctors determined that the woman should have no problem with a vaginal delivery and administered Pitocin to speed up her labor. However, after several hours, it was clear that…

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Plaintiff Brings Action for Medical Malpractice in Erb’s Palsy Case

A woman’s husband worked for a company whose union established a clinic for its members and their dependents. When the woman got pregnant with her first baby, she went to the union’s clinic. The clinic assigned her to an obstetrician who saw her and took care of her during her…

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