Jaroslawicz & Jaros, PLLC
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212-227-2780 800-269-2780
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Jaroslawicz & Jaros, PLLC
Call or email to schedule a FREE consultation.
212-227-2780 800-269-2780
Free transportation can be provided.
Jaroslawicz & Jaros, PLLC

Boy mistaken for dead, parents sue doctors for hospital errors

Every parent's nightmare is hearing a doctor tell them their child has died. Certainly the last thing parents expect when they take their child to a hospital is for doctors to mistakenly declare their child deceased. This is the kind of situation that may even surprise a seasoned New York City medical malpractice lawyer. That's what happened to the parents of an 8-year-old boy at a Chicago hospital after doctors alleged the boy was dead and took him off his ventilator. According to the parents and other relatives, it appeared the boy was very much alive with his eyes and body moving. Doctors initially claimed that the movements were from lingering effects of medication. Yet finally, after nearly five hours off the ventilator and at the incessant urging of the family, the hospital performed a cardiac ultrasound and concluded the boy's heart was indeed beating. The parents claim that the hours off the ventilator worsened the boy's already fragile condition. The boy had preexisting brain damage, and now the family is suing the Mercy Hospital and Medical Center for making the boy's condition worse. According to the boy's father, the 8-year-old could smile and hear family members before the incident at the hospital. Now the boy is less responsive. The family is suing the hospital and seeking damages in the amount of $200,000 for what they claim is hours of severe emotional distress. Whenever a family suffers financial or emotional distress because of medical negligence, they are often entitled to compensation. The compensation may be for past and future medical expenses or, like the Chicago family is seeking, for the emotional cost of suffering through the tragic mistake. Source: KOAM TV 7, "Suit: Doctors mistakenly declared Chicago boy dead," Oct. 20, 2012

Court orders NY state to pay sons for dad's fatal crash on I-81

When a loved one dies due to someone's negligence, the family wants justice. New York City wrongful death lawyers know that no amount of money can bring back a loved one, but they also understand that the costs associated with the death can be exorbitant and overwhelming for a grieving family. A New York state court agreed with this sentiment in a recent wrongful death case that stems from a 2004 snowy car accident on I-81 in Syracuse. A 50-year-old man was driving on the highway when he began to lose control while crossing a bridge. There was a guardrail on the bridge but it did not operate as designed because of snow piled up against it. When the man's car hit the pile of snow it went off the bridge and plummeted 50 feet to the ground below. The man's two sons sued the state claiming that the New York Department of Transportation was negligent in its failure to remove the snow that piled up against the guardrail. The family argued it was the DOT's negligence that caused the fatal accident. The judge agreed with the family and awarded the man's estate $3.5 million. Most people are familiar with the concept of awarding compensation to cover funeral or medical expenses and other costs associated with a loved one's wrongful death. These types of monetary damages are an important part of a family's compensation. However, what is not always obvious to folks is that a family may be entitled to the lost income their loved one would have earned. This compensation is based on that person's future earning potential had they not met an untimely death because of someone else's negligent act. Source: The Wall Street Journal, "NY state ordered to pay $3.5M in motorist's death," Oct. 10, 2012

Daughter Gets $32 in wrongful death suit against murderer dad

Wrongful death suits can be filed when an immediate family member is killed as a result of someone else's misconduct. These lawsuits are intended to help grieving families seek justice and make up for some of the financial losses that occur when a person dies unexpectedly. Though most people think of wrongful death lawsuits in connection with car accidents or other acts of negligence, they can also come into play when a person is killed as the result of a violent crime. Take, for example, the recent case of a Staten Island woman whose mother was murdered by the woman's father. After the murder, the daughter sued her dad for wrongful death. That lawsuit resulted in a judgment of $32 million in her favor. Some of the money will come from the father's pension plan, which the daughter has access to under New York's "Son of Sam" law. The "Son of Sam" law, named after an infamous serial killer, allows crime victims and their families to seek financial compensation from convicted criminals. In this case, the daughter's attempt to recover compensation was almost thwarted. Shortly after the defendant was convicted, he filed for divorce from his second wife. As part of his divorce agreement, he gave his pension to his ex-wife. However, since it appeared the transfer was simply a ruse to prevent the daughter from gaining access to the pension, a state Supreme Court justice threw out the agreement and awarded the pension to the daughter. Given all of the legal complexities and extreme emotions that can be involved in a wrongful death suit, an experienced New York City wrongful death attorney can be of enormous benefit. An attorney can help families navigate the process and hold parties responsible for their actions. Source: Staten Island Live, "Judge: Staten Island woman deserves killer father's NYPD pension," Sept. 20, 2012

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