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Hauppauge Personal Injury Law Blog

Two face charges in fatal motorcycle accident

When New York motorcycle riders head out on the road this season, they know to take proper safe driving precautions, such as wearing helmets and following traffic laws. The expectation is that the ride will be safe. Unfortunately, sometimes that is not the case.

Two employees of a company that rents high-end sports cars have been charged with death by auto in a fatal motorcycle accident. The men were returning to a race track near MetLife Stadium after fueling the cars when they lost control of their employer-owned Ferraris. One of the vehicles crossed the center line and hit a motorcyclist head-on. The victim was wearing a helmet, but died of catastrophic injuries.

Malpractice verdict yields $78.5 million in birth injury case

New York residents will be interested to hear that a jury awarded $78.5 million to the mother of a 3-year-old whose cerebral palsy was determined to be the result of medical malpractice. The jury sited negligence at the hospital where the boy was delivered, including the use of outdated ultrasound machinery and the lack of trained staff to perform diagnostic procedures. Importantly, the jury found that the hospital, not the doctor, was responsible.

When the expectant mother arrived at the hospital in August 2008, the baby appeared to be exhibiting complications leading to fetal oxygen deprivation. But the delivery was delayed for a time. During the trial, experts said that if the baby had been delivered promptly, the birth injury could have been avoided.

State board: nursing home head failed to prevent sexual assaults

When people enter a nursing home on Long Island, they expect to receive compassionate, dutiful and diligent care. Unfortunately, places do not always live up to this standard. There are stories of neglect, sexual assault and elder abuse at assisted living facilities around the country. In a report from another state, one nursing home that has been the subject of a number of prior violations during recent years is now the center of an investigation into sexual assaults committed by one resident.

According to complaints registered by various residents, one man repeatedly entered fellow residents' rooms and touched them inappropriately. The nursing home's administrator did not do enough to address those complaints and prevent future assaults, said the state's Board of Nursing Home Administrators. The board has charged that administrator with negligence and professional incompetence for his inability to control the alleged assailant, who was reportedly an abuser of alcohol.

New York girl killed by drunk driver in hit-and-run car accident

Last July, a New York teenager had just finished her evening shift at a pizza restaurant. She hopped on her skateboard and headed home through the cooling summer air. But the 18-year-old never made it back because she was killed in a hit-and-run car accident.

The driver was a New York physician who, according to authorities, was not only speeding, and not only texting, but also driving drunk when he struck the defenseless girl. The extreme violence of the impact sent the teenager flying in excess of 150 feet. When she landed, she broke her neck.

New drug may help New York babies with cerebral palsy

The Centers for Disease Control and Prevention estimates that approximately one out of every 300 newborn children will develop cerebral palsy. Those who suffer from the disease exhibit trouble with motor skills and may also present delayed cognitive growth.

Cerebral palsy's root cause lies in damage to the brain that occurs from the time a baby develops as a fetus to the time that the baby turns a couple of years old. While there are many things that can cause that brain damage--such as an infection during fetal development--doctors and other medical professionals can be responsible for a negligent birth injury that leads to cerebral palsy.

Car accident victims transported by helicopter do better

Depending on their location and the severity of their injuries, people involved in car accidents in New York may receive transportation to the hospital via ambulance or helicopter. Doctors and patients have long wondered whether one method of transport provides a better outcome for the injured, and a recent study has an answer.

The study, which appears in the Journal of the American Medical Association, reveals that patients flown to a hospital's trauma center have between a 1 and 2 percent better chance of recovering from their injuries than those who arrived in an ambulance. While the difference between the two forms of emergency transit was unclear for many years, the recent study joins a growing collection of data that evince better outcomes for helicopter transported patients.

New York has some of lowest surgical infection rates in country

During surgery's early days, infection was common and often a source of patient mortality. Over the past 150 years, however, the surgical profession has made progress by leaps and bounds. The introduction of antiseptics and sterilization procedures have drastically reduced infections and markedly improved patient outcomes.

But surgical infections still do occur, accounting for approximately 8,000 patient deaths each year. Not every infection is evidence of medical malpractice. But hospitals are often able to hide infection data behind friendly state disclosure laws. A new report on those laws argues that more rigorous legislation will allow patients to make better choices and will force hospitals to provide better services.

Motorcycle crash in upstate New York leaves rider, passenger dead

Many drivers around New York have probably seen the bumper sticker advising others to "start seeing motorcycles." When drivers perform a brief check before changing lanes or pulling out into traffic, they may fail to observe the motorcycle's much narrower profile, leading to a motorcycle accident.

This may have been the cause of a fatal crash last month in Oswego County, near Syracuse. According to accident investigators, a motorcyclist and his passenger were traveling along Route 49 when a truck pulled out into traffic.

Woman files medical malpractice suit after baby loses finger

Parents of newborn children in New York and around the world are extremely vigilant of anything that could adversely affect the child's health and well-being. A pediatrician may say that a light cough or an ear infection is usually not cause for great concern, but parents want to make sure nothing is wrong with their child. When a young mother took her feverish 3-month-old baby to a hospital, she expected it to be cured and unharmed.

Instead, the baby left the hospital permanently disfigured. Although the child spent just two days in the hospital, she did require an intravenous line. When she improved enough to go home, a nurse went to cut off the intravenous tube, but completely severed the baby's pinky finger. The mother has filed a medical malpractice lawsuit against the hospital and nurse on behalf of her daughter.

Elderly patients at risk of infection in hospitals, nursing homes

Effective patient care relies on proper sanitation, whether in a surgical suite or a patient room. New York readers are likely aware that certain bacteria are common in health care facilities and that some have evolved a resistance to antibiotics. One dangerous bacterium in particular is C. difficile, which hospitalizes approximately one-third of a million people in this country every year and kills 14,000 annually.

According to a report released by the Centers for Disease Control and Prevention, three-quarters of people who become infected by C. difficile went to their doctor recently or live in a nursing home. But since the spread of the bacterium can be curtailed by following proper procedures, an unusual incidence of C. difficile infection at a nursing facility could suggest an occurrence of nursing home neglect.

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