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New York Appellate Court Allows Negligent Treatment Of Depression Which Results In Suicide To Go Forward


Our Westchester personal injury lawyers continue to monitor the evolution of New York tort law. Our White Plains lawyers continue to work towards social justice issues.

In a recent case, the New York Second Department Appellate Department has reinstated a case seeking recovery of pre-death pain and suffering where the Defendant was negligent in treating the depression of a person who ultimately committed suicide. The Defendants argued that the plaintiff could not recover damages in a wrongful death action for any conscious pain and suffering the decedent may have experienced prior to her suicide and the Westchester Supreme Court agreed that the allegations failed to state a cause of action upon which relief could be granted.

The Appellate Court disagreed and held that the complaint which sought pre-death pain and suffering prior to the suicide stated a cause of action which established a cognizable legal theory sounding in professional malpractice and reversed the Westchester Supreme Court and reinstated the complaint. The Court reasoned that New York’s Estate Powers Trust Law 11-3.2(b), which is a survival statute, states that no cause of action for injury to a person is lost because of the death of the person in whose favor the cause of action existed. Therefore, a cause of action based on personal injuries which survives the death of the decedent is distinct from a cause of action to recover damages for wrongful death. The Court went on to recognize that the fact that the decedent’s depression was pre-existing does not preclude the plaintiff from attempting to prove her entitlement to damages on the theory that the decedent’s condition was exacerbated by the Defendants’ negligence.


As a New York Personal Injury Attorney, I am proud to annouce that our client Maria Osorio’s case was recently featured in the New York Post. The Harlem Hospital committed Medical Malpractice by negligently diagnosing our client with HIV, Hepatitus and Herpes.

We intend to make sure our client gets properly compensated for the damage that she was caused. A woman who has been married for 37 years and has been faithful to her husband should not have to endure this type of shock and humiliation.

Medical errors have caused numerous children to loose their parents and spouses to loose their loved ones. Many good people have been seriously injured and even crippled because of medical errors and sloppy doctors and nurses.

In Ms. Osorio’s case, the sanctity of her marriage was invaded and she was told she had a terminal disease which caused tremendous distrust between her and her husband even though she had none of the diseases which Harlem Hospital diagnosed her with. No doubt, the NYC Health and Hospital Corp. and the doctors involved will come up with some excuse and silly argument to either blame Ms. Osorio or claim they did nothing wrong.

It is time for the medical community to stop looking the other way, stop covering up and to start accepting responsibilty for the damage they cause to their patients.

Who Is Potentially Liable For My Injuries In A Construction Accident?

In general, whoever caused the accident is responsible. If it was the employer or a co-employee who caused the accident, you are usually barred by workers compensation laws from suing them because you’re getting comp you can’t bring a lawsuit. However, if the employer did not have workers compensation, you can sue the employer directly and the owners personally for failing to securing payment of compensation. Additionally, who’s liable often depends on how the accident happened. In general, under the labor laws, the work site owner or the owner of the construction site and the general contractor are always liable… Read More

What Are Top Misconceptions About Construction Accident Claims?

The biggest misconception is that people think that they only get comp. A lot of people don’t realize there are all these other remedies out there that can protect them and there are these other laws under which they can bring a lawsuit and get compensated for what they went through. Another misconception we see, particularly among the immigrant community and undocumented immigrants, is that they can’t sue because they arrived here illegally. We’ve handled a number of these cases successfully and the courts were pretty clear that the immigration status doesn’t matter because if you get hurt in the… Read More

Accidentes De Coche En Nueva York Con Conductores Automovilistas De Otro Estado

Como un abogado de accidentes de coche en Nueva York, quetambién asiste en un gran número de accidentes de camiones comerciales, hemanejado numerosos casos de lesiones personales que impliquan a losautomovilistas de otro estado que causan accidentes de tráfico en Nueva York. Una de las primeras preguntas que todas las víctimas de lesiones personales en un accidente de coche le pide a su abogado de accidentede coche es donde puedo demandar. La respuesta es que la ley de Nueva York establece la jurisdicción sobre el demandado si el accidente se produjo en Nueva York. En general, el abogado tendrá que… Read More

Who Is responsible For Fire Cases In New York

This week a wrongful death was suffered by an unfortunate tenant in fire in a Yonkers building. Fire crews battled the fire for several hours prior to getting it under control. Fires present dangers of both person injury and death to both those who live in buildings and the firefighters who battle them. Our accident attorneys have extensive experience in handling fire cases both in New York City and in Westchester. While the insurance industry will claim that fires which are accidental, are not the fault of anybody and just happen. Our New York City and White Plains Personal injury attorneys… Read More

Do I have a Lawsuit for my New York Construction Site Accident

Our New York construction accident lawyers have extensive experience in representing construction workers who have sustained personal injuries in worksite accidents. One of the most frequent questions our construction accident attorneys hear is do I have a case. While most construction workers are familiar with New York’s Ladder or Scaffold Law, which is known as Labor Law 240. This law generally imposes liability for falls from unsafe scaffolds or ladders, but there are a number of situations in which a construction worker who is injured on the job can sue for damages. One of the most comprehensive New York Laws… Read More

Outcry To End Construction Accident Fatalities In New York

Construction continues to be one of the most dangerous professions, and this week, thousands of New York City construction workers assembled to mourn the 30 wrongful deaths and fatilities of their fellow construction workers who died in construction accidents over the past two years. The construction worker are calling for new legislation to protect them and enforce job safety in an urgent call for action to help prevent future job-site fatalities. Our New York construction accident lawyers support new legislation and increased enforcement for job safety. Across New York City there have been vocal outcries and protests for greater work place… Read More

Personal Injury Update- February, 2017

The first week of February has proven to be a deadly week, with a number of tragic car accidents in the Bronx. Our New York City wrongful death and car accident lawyers know all to well how dramatically a car accident can affect someone’s life. An off-duty New York City Police Officer suffered an unfortunate wrongful death in a car accident in the Bronx this week. The passenger in the vehicle,who was a housing officer, also suffered serious personal injuries. The officer’s car flipped over and then caught fire in a traffic circle in the Pelham Bay section of the… Read More

OSHA Fines Contractors On Tappan Zee Bridge For Crane Collapse

The federal government’s Occupational Safety and Health Administration is fining the Tappan Zee Constructors more than $12,000 for last July’s crane collapse. In particular OSHA found that the contractors failed to keep a safe work site, and exposed employees to the risk of injury caused by the falling crane. The incident occurred when a crane, which was driving piles for the new Tappan Zee Bridge’s Westchester-bound bridge collapsed across all lanes of the current bridge. While cranes collapses in Manhattan have become somewhat of an epidemic. there are only a few Westchester maritime construction accidents, who are familiar with the interplay of maritime law… Read More

This Month’s Personal Injury Wrap Up- January 2017

Our New York City police brutality lawyers have handled numerous cases for inmates who were mistreated at Rikers Islands and suffered injuries, both by guards and other inmates. While cover ups and fabricated stories to justify guards behaviors are common place, Court papers this week exposed a new low.City investigators who were investigating an inmate’s sexual assault allegations on Rikers Island lost track of key biological evidence for four days before it surfaced with signs of tampering. The inmate claims a Rikers correction officer sexually abused her in May 2013 by forcing her to perform oral sex on him and says… Read More

Attention To Detail Leads To Summary Judgment

In a recent case, our White Plains Lawyer, Michael Joseph won a summary judgment motion for a client who backed out of a parking spot and was hit by another vehicle. Summary judgment is used to expedite a case when there is no dispute as to the important facts of the case. When there are no issues of fact, it can be determined which party is entitled to judgment without having to proceed to trial. Michael Joseph is considered to be one of the most experienced car accident lawyers in Westchester and has won numerous summary judgment decisions in favor… Read More

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