Smiley & Smiley, LLP

December 2015 Archives

Medical malpractice claim looms after ejected woman died

In a medical negligence case in New York, there must be a finding that the medical provider fell below the recognized minimal standard of care in that field of medicine. It must also be proved that the negligence was a substantial factor in causing the patient's injuries. If there is negligence that did not cause the patient's injury or death, then there is no medical malpractice.

Crackdown seeks to reduce deaths from motor vehicle accidents

Officials in New York City are aware of the vulnerability of senior citizens to becoming victims of pedestrian accidents on city streets. With a recent string of pedestrian deaths in the past few months, and the very recent death of a 62-year-old woman in Brooklyn who was hit by a public bus, the city police announced a crackdown on motorists. The intensified enforcement will be in areas where motor vehicle accidents involving pedestrians have occurred.

Product liability suit filed by 200 women against WEN products

A company with hundreds of millions of dollars in sales from its hair care products is defending some of those products in a class action lawsuit filed by 200 women from 40 states, including six women from New York. The defendants include Chaz Dean, the celebrity hairstylist, and Guthy-Renker, the marketing company that specializes in pervasive infomercial campaigns to promote its products. The product liability suit charges that the plaintiffs have suffered hair loss, baldness, scalp irritations and other damaging results from using certain WEN hair products.

Doctor sues for medical malpractice losses from improper care

In all jurisdictions, including New York, there are some medical negligence claims that are more complex than others. In those cases, proof of medical negligence and causation will be more elaborate and detailed than in some simpler kinds of medical malpractice claims. When the more demanding evidentiary burdens are substantially met, however, the plaintiff will be in a reasonably strong position to either obtain a pre-trial negotiated settlement or to win a jury verdict.

Safety is ignored as deaths rise at New York construction sites

The Occupational Safety and Health Administration reports that seven workers have died on New York City construction projects since July. In the 12 months prior to July, there were 10 deaths of workers at construction sites. There was also an increase of 53 percent in injuries to workers during that one-year period. Reports also indicate that the injuries and deaths are falling disproportionately onto immigrants.

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