As all of the world knows by now, Esmin Green was in the waiting room of Kings County Hospital and collapsed on the floor.  She was left for more than an hour to die a miserable death by the hospital staffers who callously saw her and did nothing.  To make matters worse, the hospital employees allegedly falsified the medical records indicating she was walking around and conscious while she was in fact on the floor as the video shows. 

Please be warned that what you about to see is disturbing but if you wish to see this video connect to the following link

http://www.cnn.com/2008/US/07/03/hospital.woman.death/index.html#cnnSTCVideo

Fellow members of Esmin Green’s church called her “sister” Green.  She was a beloved woman who loved children.  She had been struggling emotionally since losing her job and went to Kings County Hospital for help.

Esmin is survived by six children who live in Jamaica.  She was sending money back to them before she lost her job.  Her eldest daughter, 31 year old Tecia Harrison, told authorities that she “cannot bear to think of her mother’s last moments.”  She continued to say about the video that “I haven’t seen it and I don’t think I have the heart or mind to watch it because that’s my mother there.”  Tecia is truly a brave person to proceed forward and speak about this and I hope she chooses the right attorney to prosecute the civil claim for her mom.  Tecia’s further comments on the video were “that’s the woman who gave birth to me 31 years ago, I cannot watch that.”  It is reported that Tecia will sue Kings County Hospital for 25 million dollars.

One of the issues  Tecia and her family will want to consider is the emotional impact this type of case will have on her and the family.  She needs a lawyer that will be sensitive to that but at the same time be aggressive and make certain that the city pays by way of compensation to the family and by way of prevention so that this does not happen to anyone ever again.

Wrongful death actions against the city are full of procedures that are not normally part of a “non-city” case.  Additionally, you are dealing with issues of the estate and medical malpractice claims.  One of the preliminary elements that have to be satisfied is your Notice of Claim to the city.

The Notice of Claim is a document that gets served on the city via the applicable agency, in this case the New York Health and Hospital Corp.  An injured party or estate has 90 days to file the Notice of Claim.  This simply puts the city on notice that there is a claim.  From the date of the incident you have one year and ninety days to file the summons and complaint.  The summons and complaint is the official document filed with the Court setting forth the injured party or, in this instance, the estate’s allegations of fault against the defendants.

Shortly after you file the Notice of Claim the city will contact the plaintiff’s attorney and a 50h hearing will be scheduled.  This hearing is the city’s opportunity to obtain information via the injured party’s testimony.  In this instance the city may forego a 50h, although unlikely, and not waste time speaking to the executrix of the estate who is likely to be the eldest daughter, Tecia Harrison.

Other considerations in the wrongful death action from a medical malpractice standpoint is having an expert review the medical records to sign off that a case is allowed to proceed from a malpractice standpoint.  If the video scene all over the news is what it seems to be that will be an easy part of the litigation process.  This case seems to be one of the most egregious cases ever to hit the public forum and one that finally gives a perfect example and brings to light the ease in which hospital personnel can, and in this case allegedly do, falsify medical records to prevent cases from compensating victims. 

I firmly believe that the employees of Kings County Hospital who were complicit in turning a blind eye and allegedly falsifying Esmin Green’s medical records will be judged very harshly in God’s eyes.  Thankfully the video came to light and was released because the city and those employees can also be judged harshly in this life as well.  My prayers and love goes out to Esmin Green and her family, Tecia Harrison and her five other children.  Esmin Green’s death will not go in vein.  Instead it will be a wake up call to all those in power to change the healthcare crisis present at Kings County Hospital and perhaps make the whole healthcare system retool its procedures to allow beautiful people like Esmin receive the care that they deserve, that every human being deserves.  I believe that the right lawyer has the power to make that change.

If you or anyone you know was injured or has a family member who was the victim of a wrongful death claim or medical malpractice claim similar to the Esmin Green claim please feel free to call the aggressive, caring lawyers at 1(800)WE-FIGHT and ask for the author of this article Pasquale Calcagno, Esq. 24 hours a day, 7 days a week.  We will send a lawyer to you, in the comfort of your own home, to speak about your case for free, no obligation.  Choosing the right attorney makes all the difference in the world, make sure you meet with more than one before making your decision.  Good luck to you and God bless you.

Edith Isabel Rodriguez, 43, layed bleeding on a waiting room floor in Martin Luther King, Jr. Harbor Hospital for more than 45 minutes and was left to die because the hospital simply ignored her and her boyfriend’s cries for help and failed to treat her. 

To see the shocking video footage of Edith Rodriguez’ wrongful death please visit http://www.youtube.com/watch?v=Ssz4gB7oemw

Ms. Rodriguez’ boyfriend, Jose Prado, even contacted 911 in the emergency waiting room of the hospital but they refused to call paramedics or transfer her to another health care facility.

Ms. Rodriguez died of a perforated bowel and experts say that she would have survived if she had been treated early enough.  It is reported that she died while the police were taking her out of the hospital not to transfer her to give her care but because they were arresting her for an allege parole violation.

This egregious patient care mishap and wrongful death is a very serious crisis.  The city hospital’s failure to treat urgent medical emergencies is an ongoing calamity that seems to have no end in sight.  Edith Rodriguez’ family and friends are seeking $45 million dollars, (one million dollars for every minute she was left on the floor), for this egregious failure of the hospital to treat her citing negligence, medical malpractice and wrongful death.

The health care crisis is one that needs a group of dedicated legal soldiers, if you will, that are going to be the champions of patients rights.  A take no prisoners stategy is the only way to enforce justice not only for Edith Rodriguez but all of the future patients that will fall due to neglectful, reckless incompetence of city run hospitals such as this.

There is nothing more natural and amazing as a woman giving birth.  However, every year doctors cause countless mistakes during pregnancy, the birthing process and labor resulting in egregious and catastrophic injuries to new borns and their mothers.  Birth injury cases, especially ”baby brain damage” cases as they are callously referred to are very complex.  As such, if anyone believes their child has been victimized by a doctor they should immediately consult with competent legal counsel experienced in these types of complex cases.

The following article describes the complexities lawyers experienced in these cases are required to navigate through to fight and win on behalf of their clients.

01/31 - National Legal News

A mother and father from Honolulu filed a medical malpractice lawsuit against Tripler Army Medical Center earlier this month for actions that they claim resulted in their daughter’s bilateral cerebral palsy.

Bilateral cerebral palsy is a heartbreaking and very debilitation result to a doctors mistake.  It typically involves countless years of struggle for both the family and the child victimized both physically, emotionally and economically.

David and Celia McCraw allege that while Celia was in labor with their daughter, Kayla, a fetal heart monitor revealed that the child began to experience severe heart rate decelerations. The parents claim in their lawsuit that these symptoms indicated that Kayla was suffering from a severe lack of oxygen, and that a Caesarian section birth should have been performed.

It always blows my mind how a doctor, in this day and age, would not simply perform a Caesarian section birth at the first sign of heart rate abnormalities.

Celia McCraw stayed in labor a total of 10 hours before giving birth, at which point it was discovered that Kayla’s umbilical cord was wrapped tightly around her neck, the McCraws allege. In an effort to resuscitate Kayla, a breathing tube was placed down her throat; however, the lawsuit alleges that the tube was placed into Kayla’s esophagus instead of her trachea. It was roughly 30 minutes before the mistake was discovered.

Complacency is the plague of our society.  There should never be a time when a doctor should put his or her guard down during a delivery or during a woman’s pregnancy for that matter.

The McCraws are suing for unspecified damages. Kayla suffers from bilateral cerebral palsy and requires physical, occupational, and speech therapy.

My heart goes out to the McCraws.  There is nothing that we can do to reverse the heartache they have undergone.  But what lawyers can do is make our clients lives easier by vigorously litigating birthing injury cases like this.  The monetary compensation they receive will pay for the exorbitant life time expenses they will incur in medical costs and care for their child who has been victimized by this horrific medical malpractice.

Tripler Army Medical Center has not commented on the lawsuit.

If you or anyone you know has a child suffering from cerebral palsy, bilateral cerebral palsy, erbs palsy or any type of palsy please contact the aggressive, caring lawyers at 1(800)WE-FIGHT for a free consultation or email us for a free confidential consultation right away.  Do not delay, the law limits the amount of time you have to file a claim.  Please feel free to visit the resources of our website if you have questions on what cerebral palsy, erbs palsy or any type of palsy is or what causes cerebral or erbs palsy.

This country has a nursing home care crisis currently brewing.  We are one of the few countries that seems to discard the elderly.  The psychology behind this can be talked about and debated until the cows come home.  One thing is for certain, the elderly need a champion, a group of individuals that will fight and protect them.  Those individuals are nursing home neglect/abuse lawyers.  The need to champion the rights of the elderly abused and neglect has never rang so clear as in the case below.

A jury in New Mexico recently awarded $54 million to the family of a nursing home resident who died of untreated internal bleeding. 

This huge verdict is a message and testament to the grossly negligent care that one typically gets in American nursing home facilities.

The award is the state’s largest ever in a case involving nursing home neglect, say attorneys in Albuquerque.

According to the lawsuit, in 2004 78-year-old Barbara Barber died of internal bleeding at a nursing home owned by ManorCare Inc. Attorneys for Barber’s family argued that employees at the Albuquerque nursing home failed to seek treatment for Barber, who bled to death over several days.

The lawsuit also accused ManorCare employees of attempting to cover up the manner of Barber’s death. The family’s attorneys said employees at the facility disposed of blood-stained pillows and sheets in Barber’s room without notifying the health department.

Following the trial, ManorCare issued a statement expressing sympathy for Barber’s family. The company, however, denied any wrongdoing and said it stands behind the care Barber was provided.

Barber’s daughter, Lori Keith, said the verdict will allow her to begin the process of grieving the loss of her mother.

What we should all be thinking about in this case is this: you work hard your whole life, raise a family and try and do the right thing only to have your remaining days composed of pain and anguish, and, in this case, neglect tantamount to torture simply because a nursing home looks to cut corners and not hire the proper skilled staff.  Capitalism does not work here and needs to be put in check. 

Thank god for nursing home neglect/abuse lawyers.  If you have any questions please call a nursing home neglect lawyer today for free at 1(800)WE-FIGHT or email us for a free online consultation.

The inherent danger of construction work consequently brings attention to the frequent misdeeds of the wealthy development and construction companies that try to save money by ignoring safety laws.  The case below is just another example of the necessity of personal injury lawyers to level the playing field and keep these despicable companies from putting the workers who drive our economy in harms way.

After surviving a 47-story fall, a Manhattan window washer has filed suit against the companies responsible for the scaffolding that gave way and caused the accident.

Mr. Moreno is truly blessed that he survived a 47 floor fall.  His brother wasn’t so lucky.  In addition to obtaining the money he needs to survive from the egregious injuries he has sustained he has a duty to sue the company responsible on behalf of his brother and all others who may be put in harms way in the future by the alleged careless and negligent actions of the company.  Besides giving the injured party economic and non-economic monetary awards, a personal injury lawsuit is vital in keeping the negligent party from ever acting negligent again or forcing them to put measures in place to prevent accidents.

In December, Alcides Moreno, 37, and his brother, Edgar, attempted to access an East 66th Street building’s window washing scaffold. When the scaffolding gave way, both brothers fell 47 stories to the plaza below.

The lawsuit seeks unspecified damages, but claims that the recklessness and negligence demonstrated by the companies responsible for the management and construction of the scaffolding was the major contributing factor to the accident. Currently, the management company’s insurance company is looking into the suit.

Labor law cases are very complex and one should choose a lawyer that is experienced in these types of cases.  Contact us for a free consultation today or call us at 1(800)WE-FIGHT.

Edgar was pronounced dead at the scene. Alcides survived and is undergoing treatment at a physical rehabilitation center.

Physical rehabilitation is a long and arduous road.  Our prayers and blessings go out to Alcides who survived this horrific accident and his family for their loss. 

Trucking accidents often come with severe injuries and a plaintiff’s inability to return to work.  Many times, the large verdicts discussed below in the National Legal News January 18, 2008 article reflect the remaining lifetime earning capacity of an individual.  Despite the difficulty of many motorcycle cases and a jury’s general negative feelings towards the owner and operator of a motorcycle, there was an excellent result in a verdict of fifteen million seven hundred thousand ($15,700,000.00) dollars. 

The publics general misunderstanding that large verdicts such as this are a windfall and essentially a lottery ticket are misplaced when one reviews the conservative estimates of the lifetime earning capacity of an individual and his current inability to work and support his family who depend on him to survive.  After all, this is what insurance is for.  We should all remember that tort reform takes away the rights of injured persons.  Notably, there have been various instances where a politician has caved to the special interests of insurance companies and passed tort reform laws to limit the rights of injured persons only to reverse their positions.  They reversed their positions and the law because they or a family member have personally experienced injuries and were not afforded fairness under the current law.

The article reviewed below is an example of our judicial system operating just and fairly for the injured.  My hat is off to the jury.  Well done. 

01/18 - National Legal News

A Los Angeles County jury has awarded $15.7 million to a man who was hit by a dump truck while riding his motorcycle in the San Fernando Valley.

View Full Article

Jurors awarded plaintiff Barry Bowman, a 62-year-old security guard and former Los Angeles police officer, $11 million for his pain and emotional distress caused by the accident, which occurred in October 2004. They also awarded him $4.7 million for his medical expenses and lost income.

Bowman’s attorney, Michael Alder, says that Bowman suffered brain damage as a reult of the accident and now requires round-the-clock care.

According to Bowman’s lawsuit, the dump truck involved in the accident was operated by Tommie Wyatt Trucking, a company that had been hired by the city to transport asphalt.

During the trial, city attorneys disputed the city’s liability in the accident by arguing that the vehicle’s driver had finished working for the day and was not on a job site when the incident occurred. They also contended that the truck was traveling at 2 mph when it struck Bowman. Alder, however, claimed that it was moving at 14 mph.

The case went to trial after attorneys for both sides could not reach an agreement, Alder said, adding that city lawyers were unwilling to offer more than $50,000 to settle the case.

The city is currently deciding whether to appeal the verdict.

The fact that the city is currently contemplating whether to appeal is telling.  I suspect that they will not appeal as they are taking a huge risk in my opinion. 

Call the aggressive, caring lawyers toll free at 1(800)WE-FIGHT and visit us on the web at www.1800WeFight.com or use our free “Ask an Attorney” email service.

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