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wrongful death

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Class Action Filed Against the Long Island Veterans Home

Class Action Filed Against the Long Island Veterans Home

| Coronavirus
Napoli Shkolnik has filed suit against the Long Island State Veterans Home, as well as the State of New York and the agencies responsible for overseeing the home, on behalf of the estates of three nursing home residents — all veterans — who died during a COVID-19 outbreak in 2020. The suit, which seeks to…Read the article
Judge Rules Immunity Doesn’t Apply in New York Nursing Home

Judge Rules Immunity Doesn’t Apply in New York Nursing Home

| Medical Malpractice
Earlier this month, Erie County Supreme Court Justice Jeanette Ogden rejected a nursing home’s movement to dismiss a lawsuit filed by the estate of a woman who died in care during the early days of the COVID-19 pandemic. The nursing home’s lawyers argued that the nursing home was immune from litigation under an immunity law…Read the article
What You Need to Know: Justice for Nursing Home Victims Act

What You Need to Know: Justice for Nursing Home Victims Act

| Napoli Shkolnik News
As of October 2021, over 15,000 residents of Nursing Homes died of Covid-19. At the same time, immunity laws were passed, and since repealed, which attempted to bar families grieving the loss of loved ones from filing wrongful death cases against these same nursing homes. Now, a proposed new law may allow these families of…Read the article
What You Need to Prove in a Wrongful Death Lawsuit

What You Need to Prove in a Wrongful Death Lawsuit

| Personal Injury
You have the right to file a wrongful death claim if you have lost a spouse, parent, or child as a result of an avoidable accident or as a result of violent action. However, simply going to court and claiming that a death was wrongful and that you are entitled to compensation is insufficient. Family…Read the article
Who are Wrongful Death Beneficiaries in New York?

Who are Wrongful Death Beneficiaries in New York?

| Personal Injury
Like the wrongful death laws in most states, New York’s wrongful death statute, which is found in Section 5-4 of the Estates, Powers, and Trusts Law, compensates survivors when a loved one dies because of someone else’s negligence. For purposes of this law, “survivors” are usually spouses, children, and/or parents. Other close relatives, like siblings,…Read the article
The Five Most Common Types of Medical Malpractice Lawsuits

The Five Most Common Types of Medical Malpractice Lawsuits

| Medical Malpractice
Medical malpractice is more than a poor result or an unintentional mistake. Instead, medical negligence is a lack of care. Doctors have one of the highest duties of care in New York law. In the words of one legal scholar, their fiduciary duty requires them “to always put the well-being of their patients first and…Read the article
Baby Deaths Prompt Nationwide Pillow Recall

Baby Deaths Prompt Nationwide Pillow Recall

| Napoli Shkolnik News
Colorado-based Boppy Co. recalled over three million loungers after eight infants died as they rested in the company’s baby furniture products. The affected products are the Boppy Preferred Newborn Loungers, Boppy Original Newborn Loungers, and Pottery Barn Kids Boppy Newborn Loungers. According to the government, infants can slip onto their sides or stomachs and suffocate.…Read the article
Do Guardians Really Look Out for Their Wards?

Do Guardians Really Look Out for Their Wards?

| Medical Malpractice
In most states, a guardian may seize total control of a person’s assets if that person is incapacitated. According to one observer, “incapacitate” is so vague that it could mean “anything from being in an absolute coma to not being able to find your car keys.” Essentially, there is a presumption that the guardian is…Read the article
Can You Sue for Nursing Home Negligence During the Pandemic

Can You Sue for Nursing Home Negligence During the Pandemic

| Medical Malpractice
The COVID-19 pandemic had a devastating effect on millions of people around the world but was especially fatal for those living in nursing homes. Older people and those with preexisting conditions are more vulnerable to the virus and their cases are often more severe. As a result, hundreds of nursing homes experienced widespread outbreaks among…Read the article
Routine Dental Procedure Kills 3-Year-Old Boy

Routine Dental Procedure Kills 3-Year-Old Boy

| Personal Injury
The child’s heart stopped during a simple tooth extraction procedure. He had no pre-existing conditions and no known anesthesia allergies. According to police, a certified nurse anesthetist put the boy to sleep immediately prior to the procedure. Less than an hour later, the young man’s pulse slowed and cheek swelled. Despite some unspecified medical intervention,…Read the article