Articles Posted in Nassau

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On October 31, 1958, a little girl was waiting in a mobile x-ray truck to be x-rayed. She was unaware that just behind the truck, a panel van was attempting to pull away from the curb. The panel van’s rear bumper became interlocked with the bumper of the car that was parked behind him. As the driver pulled around the x-ray van which was also parked against the curb, it pulled the car that was hung onto the bumper forward. The car was forced into the back of the x-ray van. The car accident caused the child to become injured. Her guardian filed a lawsuit against the driver of the van and the company that he worked for.

The driver of the panel van died of natural causes before the case came to court. The company that employed him and owned the panel van that he had been driving on that date admit that the van was there. They admit that the accident was reported to them. They do not know the specifics of the accident because the driver is no longer available to testify. The company asked the court permission to not be held to as high a standard of proof for their case because they are unable to know the details that led up to the accident. The court points out that following the accident, the company asked for and obtained a statement from the now deceased driver in reference to the circumstances surrounding the accident. A Nassau County Personal Injury Lawyer said the court also contends that the company is in fact in possession of an affidavit made by the driver and a copy of the accident report.

The company states that it is their understanding that the vehicle that became hung up on the panel truck was parked illegally. They maintain that there was no contact between their truck and the x-ray truck. They feel that they should not be blamed for the accident. They contend that the driver of the vehicle that was illegally parked and thus was the proximate cause of the accident.

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On 26 September 1981 at 9:29 A.M., a mother gave birth to a baby girl, the infant plaintiff, at a Medical Center. She was attended by an obstetrician-gynecologist. The delivery was difficult because the baby had shoulder dystocia, i.e., although the head had emerged, the shoulders were stuck on the pelvic bone and the sacral promontory. After birth, the infant was found to have a birth injury or a birth injury accident: an Erb’s palsy or brachial plexus palsy to the right shoulder and arm caused by tearing of the nerve roots that controlled the right upper extremity. A New York Injury Lawyer said the plaintiffs contended that this condition was caused when the obstetrician-gynecologist applied excessive pressure during traction to the baby’s head when trying to dislodge the shoulders. The doctor’s explanation was that during the dystocia a retraction caused by the natural forces of labor put a stretch on her right shoulder.

Thereafter, a medical malpracticeaction to recover damages for personal injuries, etc., ensued. The Supreme Court of Westchester County, upon a jury verdict, rendered judgment in favor of the respondents and against the plaintiffs.

The plaintiffs appeal from the judgment.

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The Facts:

In March 1983, plaintiff was admitted to the labor and delivery unit of defendant Hospital. During the course of her labor, plaintiff’s attending physician, defendant-doctor, prescribed pitocin to stimulate her contractions. A New York Injury Lawyer said the drug was administered intravenously to plaintiff and, as a result, her contractions increased in intensity and frequency. Subsequently, plaintiff gave birth to a baby boy. The infant was in respiratory distress at birth and died approximately 6 1/2 hours later (a birth injury or birth injury accident).

Plaintiff and her husband commenced an action alleging negligence and medical malpracticeagainst the hospital, doctor and nurse, who attended to plaintiff throughout her labor and delivery.

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A mother and her child filed a medical malpractice legal 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 footling presentation is a condition whereby the fetus’ both feet are the presenting part. As a result, it caused the infant to suffer a spinal injury during delivery, produce bleeding and swelling, and ultimately segmental spinal cord atrophy resulting paralysis and severe low muscle tone to the lower extremities, hydronephrosis, neurogenic bladder transverse myelopathy, and a marked spinal kyphosis. A neurogenic bladder transverse myelopathy is a condition indicating that there is something wrong with the spine. The mother claim that her infant, now four years old, was unable to walk, suffers from frequent urinary tract infections, requires continuous antibiotic therapy and urinary catherization. The mother further states that all of her infant’s injuries are permanent.

A New Injury Lawyer said the mother alleges that the hospital and the three doctors failed to perform a cesarean section when an external version was unsuccessful. Bases on records, an external version is known as a procedure used to manually turn a fetus from a breech position into a vertex position which is a normal presentation wherein the fetal head is the presenting part before labor begins. It is usually done to make vaginal delivery possible. The mother claims that the hospital and the doctors were negligent in performing the external version. She further claims that they failed to perform pelvimetry studies. A pelvimetry refers to the measurement of the diameters of the pelvis and it also recognizes a footling breech caused by a frank breech to become a footling breech. A frank breech has been described as the position of the fetus whereby the fetus’ buttocks are present at the maternal pelvic inlet, legs are straight up in front of the body, and feet are at the shoulders. Additional, she claims that they failed to perform vaginal exams at 36 weeks.

During the mother’s pregnancy, she went to the said hospital for a prenatal visit. Thereafter, an ultrasound revealed a pregnancy and the estimated due date was calculated. The mother appeared for her scheduled prenatal visits until the time of birth. The mother then visited the hospital for a prenatal check-up at 37 weeks gestation wherein she was checked by a doctor. At that time it was noted that the baby was in breech presentation. The doctor advised the mother about her options of external version, a cesarean section, or vaginal delivery. The mother opts to attempt an external version.

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A mother and her child filed a medical malpractice legal 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 footling presentation is a condition whereby the fetus’ both feet are the presenting part. As a result, it caused the infant to suffer a spinal injury during delivery, produce bleeding and swelling, and ultimately segmental spinal cord atrophy resulting paralysis and severe low muscle tone to the lower extremities, hydronephrosis, neurogenic bladder transverse myelopathy, and a marked spinal kyphosis. A neurogenic bladder transverse myelopathy is a condition indicating that there is something wrong with the spine. A New York Injury Lawyer said she mother claims that her infant, now four years old, was unable to walk, suffers from frequent urinary tract infections, requires continuous antibiotic therapy and urinary catherization. The mother further states that all of her infant’s injuries are permanent.

The mother alleges that the hospital and the three doctors failed to perform a cesarean section when an external version was unsuccessful (medical malpractice)l. Bases on records, an external version is known as a procedure used to manually turn a fetus from a breech position into a vertex position which is a normal presentation wherein the fetal head is the presenting part before labor begins. It is usually done to make vaginal delivery possible. The mother claims that the hospital and the doctors were negligent in performing the external version. She further claims that they failed to perform pelvimetry studies. A pelvimetry refers to the measurement of the diameters of the pelvis and it also recognizes a footling breech caused by a frank breech to become a footling breech. A frank breech has been described as the position of the fetus whereby the fetus’ buttocks are present at the maternal pelvic inlet, legs are straight up in front of the body, and feet are at the shoulders. Additional, she claims that they failed to perform vaginal exams at 36 weeks.

During the mother’s pregnancy, she went to the said hospital for a prenatal visit. Thereafter, an ultrasound revealed a pregnancy and the estimated due date was calculated. The mother appeared for her scheduled prenatal visits until the time of birth. The mother then visited the hospital for a prenatal check-up at 37 weeks gestation wherein she was checked by a doctor. At that time it was noted that the baby was in breech presentation. The doctor advised the mother about her options of external version, a cesarean section, or vaginal delivery. The mother opts to attempt an external version.

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A woman was walking at the corner of Water and Wall Streets in Manhattan. She was on the crosswalk and as she stepped up onto the curb, She had a slip and fall. When she fell, she tried to get up and to see what caused her slip and fall. She noticed a blob of grease on the sidewalk. The blob of grease was near a pile of garbage, garbage bags and garbage cans standing in a row. The woman noticed that the blob of grease did not trickle or drip from any of the garbage cans or garbage bags but the blob was very near them.

For the injury she sustained, she filed a complaint for damages against the City, against a non-profit district organization and the cleaning crew it had awarded a cleaning contract to. According to the woman, the non-profit district organization had the responsibility of sweeping the sidewalk at the corner of Water and Wall streets and that it had awarded the sweeping job to a cleaning contractor.

A New York Slip and Fall Lawyer said all the defendants: the City, the non-profit district organization and the cleaning contractor all filed motion for summary judgment asking that the complaint against all of them be dismissed on the ground that the complaint failed to state and to offer preliminary proof that: any of the defendants created or caused to be created the dangerous condition of the blob of grease; there is also no allegation or preliminary proof that any of the defendants had actual or constructive notice that a dangerous condition exists or that the defendants had notice of the dangerous condition but failed and refused to remedy the dangerous condition.

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A company who operates a chain of supermarket and drugstore filed a motion to grant them a decision without trial and to dismiss the complaint filed against them on the grounds that the complainant had failed to establish a case of negligence. However, the complainants oppose the motion.

The personal injury action arises out of a trip and fallaccident that occurred at one of the supermarket. It is alleged that a woman while in the aisle in front of the fresh vegetable and herbs, happened to trip, slip and fall because of the vegetable misting machine spraying mist onto the aisles and beyond the perimeters of the mat/carpet causing the floors to become wet and causing the woman to slip. The woman sustained injuries from the accident. Summons and verified complaint were served.

A New York Injury Lawyer said the company submitted that they are entitled for a decision without trial as they claim that based upon the sworn testimony of the parties, together with the affidavit of the assistant store manager and the woman’s pleadings, the woman cannot establish that the company created the alleged condition or that they had actual or constructive notice of same. The company states that the woman testified at her examination that she walked in the produce aisle for approximately fifteen minutes prior to her fall and had walked past the exact area where her fall would eventually occur. As the woman walked through the produce department, she remembered that she had forgotten something and walked back to the area of the snap peas. The woman also testified that she did not recall seeing the alleged bunched up mat when she had walked past it earlier.

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This case is being heard in the Queens County Supreme Court. The plaintiff of the case is the infant Jasan Stuart. He is represented by his natural guardian and mother, Ann Ashmeade. The defendant in the case is the New York City Health and Hospitals Corporation.

Case at Hand

This is a motion for an order to allow the plaintiff to amend the complaint as it was filed by adding Ann Ashmeade, the mother, as an individual plaintiff in the case. A cause of action is requested based on the emotional distress Ashmeade suffered as a result of her son’s birth on the 8th of August in 1996, while in an impaired state because of the medical malpracticeand negligence of the defendants.

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This case involves the infant Zachary Velazquez, who is represented by his natural guardian and mother, Evelyn Segarra. They are the respondents of the case. The appellant in the case is the Jacobi Medical Center part of the City of New York Health and Hospitals Corporation. The case is being heard in the First Department of the New York Supreme Court, Appellate Division.

Previous Case

The original case was heard in the Supreme Court located in Bronx County. The judge in the case was Douglas E. McKeon, J. Judge McKeon granted the plaintiff’s motion for order that deemed their notice of claim was timely served, was reversed unanimously, and the facts were within the law and were discreet. The motion by the defendants was denied.

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This case is being heard in the Queens County Supreme Court in the state of New York. The plaintiff of the case is Judy Fernandez. The defendant in the case is the St. John’s Queens Hospital, et al. A New York Injury Lawyer said the judge overseeing the case is the honorable James P. Dollard.

Case

This is an action to recover damages for medical malpracticeallegedly performed by the defendant Metropolitan Child Neurology, P.C. and Doctor Steven G. Pavlakis. The move is for a Frye versus United States hearing or to dismiss the action. Defendant, Dr. Raul Miquez makes a cross motion for the same relief. The plaintiffs have issued a cross motion for a Frye hearing in regard to the testimony of Dr. Robert A. Zimmerman, expert witness for the defendant as well as the testimony of Dr. Alfred J. Spiro. As an alternative the plaintiffs preclude that the testimony of these two doctors is unsupported by published articles, and lacks prevailing medical and scientific thought.

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