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Court considered the question of whether a physician breached his duty of care leading to the patient’s death. Estate of Thomas Brown v. St. Francis Hosp., 972 F.3d 789 (7th Cir. 2019)

Medical malpractice is a serious issue that can have devastating consequences for patients and their families. In the case of Estate of Thomas Brown v. St. Francis Hosp., the plaintiff alleged that a hospital’s negligence resulted in the wrongful death of their loved one. This case highlights the importance of…

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Liability in a motorcycle accident caused by gravel. Grunwald v. Clifton, 110 A.D.2d 869 (N.Y. App. Div. 1985)

Under premises liability law, municipalities in New York have a legal responsibility to maintain their roads in a safe condition for motorists, including motorcyclists. This duty includes regularly inspecting the roads for potential hazards and promptly repairing any issues that could pose a danger to the traveling public. Hazards that…

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Liability in a motorcycle accident caused by hazardous road conditions.  Madarash v. BUCH, 151 A.D.2d 297 (N.Y. App. Div. 1989)

Riding a motorcycle can be an exciting and exhilarating experience. However, it can also be dangerous, especially when other drivers are negligent or reckless. In some cases, accidents are caused by factors outside of the rider’s control, such as poor road conditions. One such case is Madarash v. BUCH which…

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Who pays damages in a workplace accident? Liriano v. Hobart Corp., 92 A.D.3d 33 (N.Y. App. Div. 2012)

Workplace injuries are a serious concern for employees and employers alike. Injuries sustained on the job can be debilitating and may result in lost wages, medical bills, and ongoing pain and suffering. In New York, injured workers have legal rights and may be entitled to compensation for their injuries. In…

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Court considered whether a nursing home breached its duty of care by failing to provide proper supervision. Wachter v. State of New York, 802 N.Y.S.2d 74 (N.Y. Ct. Cl. 2005)

Wachter v. State of New York is an example of medical malpractice that occurred in a nursing home setting. It highlights the importance of proper supervision and care in nursing homes. The case was brought by the family of an elderly woman who suffered severe injuries while residing in a…

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Court reviewed the requirement of informed consent in medical treatment. Sikorski v. North Shore-LIJ Health Sys., 2015 N.Y. App. Div. LEXIS 4153 (N.Y. App. Div. 2015)

Sikorski v. North Shore-LIJ Health Sys. highlights the importance of informed consent in medical treatment. The case involved a patient who underwent a medical procedure without being properly informed of the risks and potential complications. The case highlights the principle that healthcare providers have a duty to obtain informed consent…

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Appellate court concluded that the plaintiff established a prima facie case of medical malpractice. Pakenham v. New York City Health & Hosp. Corp., 2010 N.Y. App. Div. LEXIS 1847 (N.Y. App. Div. 2010)

In Pakenham v. New York City Health & Hosp. Corp. the plaintiff sued the hospital and the physician for medical malpractice, alleging that the defendants failed to properly diagnose and treat her condition, leading to serious injuries. The case highlights the principle of res ipsa loquitur in medical malpractice cases…

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Court examined the doctrine of vicarious liability for a hospital. Perez v. St. Clare’s Hosp., 2002 N.Y. App. Div. LEXIS 11749 (N.Y. App. Div. 2002)

Vicarious liability for a hospital is a legal principle that holds a hospital responsible for the negligent acts of its employees, particularly physicians and other medical professionals who are providing care to patients. When a hospital employee, such as a physician, causes harm to a patient through negligence or malpractice,…

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Court considered whether a health care facility failed to provide reasonable care to one of its residents. Gadaleta v. Kissing Camels Home Health Care, Inc., 173 A.D.3d 1467 (App. Div. 2d Dept. 2019)

Nursing homes are designed to provide a safe and supportive environment for elderly and vulnerable individuals who require medical care and assistance with daily living activities. Unfortunately, nursing home injuries and abuse are a growing concern in New York and across the United States. These injuries can be caused by…

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Court considered the standard of care for nursing homes. Cooney v. Ketteler Care Center, Inc., 37 Misc. 3d 1213(A) (Sup. Ct. Queens Cnty. 2012)

Cooney v. Ketteler Care Center, Inc. involves an alleged incident of nursing home negligence that resulted in the death of an elderly resident. The case highlights the importance of proper care and attention to nursing home residents, as well as the legal recourse available to victims and their families in…

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