New York Injury Talk Blog

The New York Department of Health offers several resources for patients to use when choosing a doctor. By learning about a physician’s education, licensing, background, and complaint history, patients can make choices that help steer them away from the risks of medical malpractice and the serious injuries that can result.

First, New York residents can search the Department of Health’s physician records to find out if the doctor they’re considering has faced disciplinary action. The Office of Professional Medical Responsibility offers a Physician Search feature on its website.

Potential patients can also learn where their doctor went to medical school and whether their doctor is currently licensed to practice in New York by contacting the State Education Department. The Education Department offers a searchable Web site and will also respond to queries by phone or mail. In addition, the New York State Physician Profile database contains information about a doctor’s medical education, whether translators are available at that doctor’s office, and whether any lawsuits have been filed against the doctor.

Although careful research cannot prevent all instances of medical malpractice or other misconduct, knowing a physician’s background before you begin seeing that doctor can help you choose the right health care provider for you. If you or a loved one has been injured during a medical procedure, please don’t hesitate to contact the experienced New York medical malpractice lawyers at Wingate, Russotti & Shapiro. We will examine your case carefully and fight to protect your legal rights and options after an injury. To learn more, call 212-986-7353 today to set up a free and confidential consultation.

One construction worker lost his life and three more workers were seriously injured when a cinderblock wall on which they were working collapsed, according to a recent article in the Wall Street Journal.

The four construction workers were building the wall on Queens Boulevard in Elmhurst when it collapsed. According to rescue personnel, the four workers were pouring cement near the wall when the scaffolding holding the wall in place gave way. The wall then fell, striking all four men. Investigators have not yet said what they believe caused the wall to fall.

Rescue workers rushed the four construction workers to the Elmhurst Hospital shortly after the wall fell. Unfortunately, medical staff could not save the life of one of the workers, who died of his injuries not long after the accident occurred. He was 26 years old.

The other three workers taken to the hospital have not yet been released. Preliminary hospital reports indicate that all three are in serious condition with fractures and trauma.

Construction sites account for thousands of injuries and hundreds of deaths each year throughout the United States. Construction is dangerous work, often involving heavy equipment, toxic chemicals, and unstable structures like trenches and weak scaffolding. New York and other states require employers to provide workers compensation to workers injured in construction accidents and other workplace accidents.

If you or a loved one has been injured while on the job, please don’t hesitate to contact the experienced New York construction accident lawyers at Wingate, Russotti & Shapiro. We have the legal resources and practical experience to protect your rights and fight for the compensation you deserve. To schedule a free and confidential case evaluation, call Wingate, Russotti & Shapiro today at 212- 986-7353.

Facial nerve palsy is a condition in which the patient loses the ability to voluntarily control the muscles in their face. It may be caused by birth trauma if improper pressure is put on the seventh cranial nerve, also known as the facial nerve, before or during delivery, according to the National Institutes of Health (NIH).

A difficult delivery may result in facial nerve palsy, especially if forceps are used. Some cases of facial nerve palsy also involve the use of epidural anesthesia or medications to induce labor, but these medications do not usually cause facial nerve palsy, according to the NIH.

Symptoms of facial nerve palsy include an eyelid that may not close, a mouth that does not turn down evenly on either side, or a complete lack of movement on one side of the face. Typically, the muscle weakness or paralysis is easiest to see when the baby is crying. A physician can usually diagnose facial nerve palsy with a physical exam, but in some cases, doctors will order a nerve conduction study to figure out exactly which nerve is damaged.

Many infants born with facial nerve palsy heal on their own. In some cases, however, the facial nerve may be irreparably damaged and the facial muscles may become paralyzed. These children often need specialized therapy to help them maximize the use of their facial nerves and muscles.

If you suspect a birth injury caused your child’s facial nerve palsy, please don’t hesitate to contact the experienced New York birth injury attorneys at Wingate, Russotti & Shapiro. We will examine your case carefully and help you get the compensation you and your child deserve. To schedule a free and confidential consultation, call 212-986-7353 today.

A 71-year-old Bronx resident lost his life in a pedestrian accident on Monday, January 10 according to The New York Daily News.

The man was walking through the parking lot of the Bartow Mall Shopping Center when he was struck by a Ford Focus driven by another elderly man. When the driver realized he had hit someone and got out of the car, he found the 71-year-old pinned under the vehicle. The man passed away before rescue workers could retrieve him.

Police did not charge the driver with a crime. The man’s son told police and The New York Daily News that he forgives the driver for the accident that killed his father.

Unfortunately, those who walk in the city face the almost constant risk of a New York pedestrian accident. The danger can be particularly high in parking lots, where a lack of clear traffic directions and large, paved open spaces often inspire drivers to cut across rows or pay little attention to the presence of people on foot.

If you or a loved one has been injured in a pedestrian accident in New York, please don’t hesitate to contact the experienced New York personal injury lawyers at Wingate, Russotti & Shapiro. We will examine your case carefully, inform you of your legal rights and options, and help you fight for the compensation you and your family deserve. Call us today at 212-986-7353 to schedule a free and confidential case evaluation.

When a physician or other health care professional fails to use reasonable care to treat a patient, New York law gives the injured patient certain legal rights and options. Along with the choice to file a medical malpractice lawsuit, patients may report physician misconduct to the New York Department of Health.

The New York Department of Health’s Office of Professional Medical Conduct investigates complaints against physicians, physician’s assistants, specialist’s assistants, and residents. Reports must be in writing. They can be filed using the official complaint form, available online, or by sending a letter to:

New York State Department of Health
Office of Professional Medical Conduct
433 River Street, Suite 303
Troy, New York 12180- 2299

In order to preserve patient confidentiality, the Office of Professional Medical Conduct will not accept complaints sent by fax or email.

The Office of Professional Medical Conduct also provides a list of the types of behavior for which patients should file a complaint. These behaviors include being impaired by alcohol or drugs, abandoning a patient who needs immediate medical attention, ordering excessive tests or treatments, or practicing with a suspended or inactive license.

In addition to reporting physician misbehavior to the Department of Health, patients who have been injured while under a doctor’s care may want to consult with an experienced New York medical malpractice attorney. The experienced lawyers at Wingate, Russotti & Shapiro will examine your case carefully and help you protect your legal rights after an injury. For a free and confidential consultation, please don’t hesitate to call Wingate, Russotti & Shapiro today at 212-986-7353.

The Ritedose Corporation, a maker of nebulized asthma medications, has recalled several batches of the drug due to a mistake in labeling that may harm patients, according to the U.S. Food and Drug Administration.

The medication, an albuterol sulfate solution designed to be inhaled, was distributed in 25-unit, 30-unit, and 60-unit vials. The labels on the vials incorrectly state that the concentration of the medication is 0.5 mg of albuterol sulfate per 3 mL of solution. In fact, the concentration is much higher – 2.5 mg per 3 mL of solution.

The mislabeling could result in patients taking much more of the medication than is safe, according to Ritedose. Patients who believe they are only taking 0.5 mg of medication per dose, instead of 2.5 mg, might take up to five times more than they need.

An overdose of albuterol sulfate can cause symptoms like tremors, dizziness, nervousness, headache, high blood pressure, and rapid heartbeat. Patients who experience these symptoms should stop using their inhalers and see a doctor immediately.

The recalled lots are numbered 0N81, 0N82, 0N83, 0N84, 0NE7, 0NE8, 0NE9, 0NF0, 0P12, 0P13, 0P46, 0P47, 0PF0, and 0S15. Patients who have inhalers with one of these lot numbers should return them to the pharmacy, which will return them to Ritedose.

Mislabeled medications can result in serious illness or injury. If you or a loved one has been injured by a recalled medication or other product, please don’t hesitate to contact the experienced New York defective product attorneys at Wingate, Russotti & Shapiro. To learn more about your legal rights and options after an injury, schedule a free and confidential consultation today by calling 212-986-7353.

On December 20 of last year, a member of the cast of the Broadway show “Spider-Man: Turn Off the Dark” fell thirty feet, and joined the growing list of accident victims injured by the show’s gravity-defying stunts. According to The New York Daily News, the actor has recently been released from intensive care and plans to return to the stage again.

The actor, a 32-year-old stunt double, fell off a ramp when his safety harness snapped and suffered four broken ribs, three broken vertebrae, and fractures in his shoulder blade, elbow, and skull. He hit the stage and landed in the orchestra pit. He was taken to Bellevue Hospital for surgery, in which steel rods were implanted in his back.

“Spider-Man: Turn Off the Dark” has faced a number of problems since production began, including several injuries of cast and crew members. For example, the lead actress suffered a brain injury during rehearsal and had to leave the show in December. The show suspended several performances while investigations of safety concerns took place and while further safety measures, some required by the state, were put in place.

New York law provides for workers’ compensation payments for the medical care and other losses workers suffer when an on-the-job injury puts them out of commission. If you or a loved one has been injured while at work, please don’t hesitate to contact the experienced New York workers’ compensation lawyers at Wingate, Russotti & Shapiro. Call 212-986-7353 today to schedule a free consultation.

The Fire Department of New York is considering plans to charge motorists who need the fire department’s help after a car accident, according to an article published by news outlet NY1. The plan to bill drivers for accident services goes into effect on July 1.

The FDNY says the plan will raise $1 million a year in much-needed revenue. The Fire Commissioner explained that at-fault motorists ought to foot part of the bill for fire services in car accidents because they are “taxing [fire department] resources,” which may take those resources away from other New Yorkers who need help.

The projected costs for charging motorists for car accidents include $490 for a car fire or incident-causing injuries, $415 for a car fire without injuries, and $365 for any other vehicle-related incident without injuries. While the FDNY plans to bill every motorist involved in a car collision in New York, it says that the bills can be passed to the driver who was actually at fault for the crash.

The FDNY will hold a public hearing about the proposed charges in February. Public support for the plan is already low, according to the article. In addition, many motorists will pay accident fees out of pocket, since many New York car insurance policies have a $500 or larger deductible.

After a car accident, the party at fault can be held accountable under New York law for the costs of emergency services, as well as for medical bills and other expenses. If you have suffered an injury as a result of a car crash in New York, contact the New York car accident lawyers at Wingate, Russotti & Shapiro. We will help you fight for the compensation you are entitled to. Call 212-986-7353 today to schedule a free consultation.