Law Articles And Legal Issues

The Death Of Esmin Greene At Kings County Hospital Invokes Pleas For Legal Reform From Noted New York City Medical Malpractice Lawyer

New York (PRWEB) July 11, 2008 -- Vows by New York City health officials to institute new reforms - including checks on waiting-room patients every 15 minutes - at troubled Kings Country Hospital (http://www.nyc.gov/html/hhc/html/facilities/kings.shtml) in Brooklyn where staff were caught on video tape allegedly ignoring Esmin Greene as she lay on the floor dying (http://www.cnn.com/2008/US/07/03/hospital.woman.death/index.html), are too little too late and will have little, if any, real impact on the deplorable management and care of patients at Kings County Hospital, said an angered Richard Gurfein, a New York City medical malpractice lawyer (http://www.lawyerswithanedge.com) and a leading advocate for civil justice in the State of New York.

"Despite allegedly being caught red-handed on a surveillance video (http://ap.google.com/article/ALeqM5hyoCW83J5tuh5Dp75VzjbESAakVgD91PUGSG3), Gurfein said, "nothing of any substance is likely to happen to protect patients from the appalling conditions at Kings County Hospital until legislators are willing to reform an arcane statute on the books in New York State called the Wrongful Death Law (http://www.nysscpa.org/cpajournal/2006/606/essentials/p50.htm)."

According to Gurfein, a partner in the New York City personal injury law firm (http://www.lawyerswithanedge.com/) of Gurfein Douglas (http://www.gurfeindouglas.com/), The Wrongful Death Law, enacted before The Civil War, prevents families of loved ones who die as a result of neglect and abuse from suing for the heartbreak of losing a loved one by negligence. Ignoring an ill patient in the waiting room of a major hospital in New York City is the most egregious type of neglect.

"I, and other members of the Trial Bar in New York State," Gurfein said, "have been knocking ourselves out for years trying to convince legislators in Albany to toughen this very arcane, 170-year-old statute.

"We have been blocked at every turn by the powerful health insurance lobby," Gurfein added. "Under our system of laws," Gurfein explained, "wrongful death is a civil wrong (tort) that is remedied by the courts with payment of the lost income the decedent would have contributed to support the family. But under the existing statute (Estates Powers and Trust Law section 5-4-3), the right of action by a family member, or other personal representative, to damages for pain and suffering or for the heartache of losing your mother (Esmin Greene had 6 children she was supporting) is not recoverable. The awards for pecuniary loss require a showing of income earned and typically represent only a small portion of the real loss of a mother's love, guidance, child rearing, etc."

According to Gurfein, the existing statute does allow an estate to seek punitive damages where the wrongful conduct was so wanton or reckless as to show a conscious indifference and utter disregard of its effect on the health, safety and rights of others. Punitive damages are used to punish the defendant and to eliminate such reckless conduct in the future by the defendant and others. However, punitive damages cannot be claimed against the City of New York because it is a municipality and lives under the state's umbrella of immunity.

Gurfein, a past president of The New York State Trial Lawyers Association (http://www.nystla.org/), is one of only two lawyers in New York State to have ever successfully recovered punitive damages on behalf of a client in a medical malpractice case.

"The way the law is now," Gurfein said, "if a city-run hospital is so wanton, and reckless that it puts the health, safety and rights of others at risk, as Kings County Hospital allegedly did in the case of Esmin Greene, they just shrug their shoulders and move on because they cannot be charged with punitive damages and they'll never have to pay the children for the true value of losing their mother. There is something very wrong with this picture that must be changed."

Gurfein suggests that concerned citizens write to their legislators in Albany (http://www.nysl.nysed.gov/ils/legislature/legis.html) demanding passage of the grieving families act to allow the true measure of damages for the death of a loved one.

###

Other Article Sites

findabook.com  moneycd.info  a-mortgage.info   about-lemon-laws.info  aboutstudentloans.info
all-about-publishing.info  auctions-articles.info  bestcollege-university.com  bestispconnection.com
biblefolder.com  blogger-website.com  books-used.info  brokers-guide.info  buywindows.info  cable-dsl.info
career-miner.com  carpel-tunnel.info  cashinaflash.info  cashloanreviews.info  casinobell.com  chat-house.info
clearmycredit.info  collegeloantips.info  crones.info  depression-articles.info   dirnic.net  dishguides.info
divers-below.com  expodog.info   financewizz.com  fire-insurance.info  getgood.info  handleit.net   it-idea.info
health-supplies.info  hosting-right.com  insidealert.com  insurance-facts.info  jobs-employment.info
justgood.info  lookgold.net   lowcost-travel.info  money-source.info  myhostzone.info  numisblog.com
peoplesearchfinder.info  pr-articles.info  realeas.com   refinancing-guides.info  spyware-remove.info
telelot.info  the-law.info   toppaid.info  travel-deals.info  travelcorrect.com  wedding-guide-site.com
your-blog.info  your-credit.info

Other Law Sites
Search The Internet For Other Law Sites

Law Books
Search For Law Books At FindaBook.com

Legal Resource Local-Attorneys Expands to Include Divorce Law
Local legal resource website Local-Attorneys has announced that it is expanding to cater to divorce law specialists and visitors in need of advice. Web users will be able to browse local law firms who specialize in every sort of legal vertical. Find the best advice and attorneys in the industry.

Legal Services of Labor Law Attorneys
Labor law attorneys deal with a broad range of labor issues mainly related to how employers treat employees, former employees and applicants for employment. This includes all the areas of the employer-employee relationship, negotiations, and the collective bargaining agreement.

New Legal Guide to Divorce by Family Law Expert
A brand new legal guide to divorce, "Divorce and Separation Today", has been newly published by DragonCub. Far more useful than the average divorce guide, it delves into how the divorce courts operate as well as providing practical and sensible advice on emotional and other sensitive areas. It is an essential guide for anyone considering or going through divorce.

Monroe, N.C. Family Law Attorneys Merge Practices to Form Stepp Lehnhardt Law Group
Donna Stepp and Dana Lehnhardt combine local practices and operations, creating 4-attorney general practice law firm with emphasis on family law

Lemon Law Attorney, Dana Lynn Tarquini, Featured at Lemon Law Administrators Conference
Ms. Tarquini, one of the country's most prominent lemon law attorneys, participated in panel discussion at the 10th anniversary lemon law administrators conference in Atlantic City.

Copyright Infringement Cases Can Teach Us To Obey Copyright Laws
Copyright infringement cases can be both costly and time consuming. Considering copyright infringement is something that isn?t as easily defined as theft or speeding, there are numerous copyright infringement cases changing the way copyright law is viewed in the U.S. By reviewing a few of these copyright infringement cases, you can get a better idea of what is, and what is not, acceptable use of copyrighted works.

Divorce Lawyer Says Families Do Not Belong In The Court Of Law
Fresno divorce attorney Erin Rhames-Childs says that the court of law is no place to divorce. The courts are overworked and understaffed - leading to poor legal decisions that are not in the best interests of those involved. Collaborative divorce is a way for couples to divorce while maintaining their dignity, making decisions that truly are in the best interests of their children and preserving their finances. Collaborative divorce is quicker, cheaper, and better for maintaining functional relationships for after the divorce is over.

Houston Bankruptcy and Family Law Practice Announces Affiliation with Houston Civil Litigation, Business Law and Immigration Law Firm
Houston bankruptcy attorney Michael Busby of Busby & Associates joins forces with Carlos Peniche & Michael Rojas of Peniche and Rojas to offer Texans comprehensive legal services - from divorce, personal injury and civil litigation to contract disputes, employment law and immigration services.

Kirsten Branigan Joins McDonald Law Group, LLC Adding Depth in Employment Law
Kirsten Branigan and Nancy McDonald join forces with a shared passion--advocating for advancement of women in the practice of law.

CalBizCentral Announces Booklets to Help Businesses Navigate State, Federal Employment Laws, Reduce Legal Risk
CalChamber's CalBizCentral 'What Every Manager Needs to Know About' series provides training managers need to comply with confusing laws.

Tax Attorney Web Site Warns of Upcoming Tax Laws in 2008
TaxAttorneyHelp.com, an online network of tax attorneys, is preparing to assist taxpayers with new laws in the coming year.

Tax Attorney Roni Deutch Analyzes Proposed Tax Laws in New Featured Blog
After nearly seven months of blogging, tax attorney Roni Deutch has posted a new featured blog analyzing the causes and possible outcomes of a new proposal that is being backed by the Internal Revenue Service. The proposal is part of President Bush's 2008 budget, and attempts to lower the gap in what taxpayers pay and what they should pay in taxes, by requiring many Internet companies to collect personal data from their users.

Pending Federal Law Threatens All Copyright Owners says the Hodgson Law Group
The Shawn Bentley Orphan Works Act of 2008 (S. 2913) "Orphan Works Act of 2008" (H.R. 5889) allows anyone to use a copyrighted work without first obtaining permission. The user can later claim that a diligent search was conducted but the owner could not be found in any later action for infringement. This new legislation will apply to all copyright owners whether or not the work was previously registered with the Copyright Office. The legislation threatens the rights of artists, photographers, composers, film makers, publishers, and visual artists says the Hodgson Law Group. The Copyright Office not only endorses this legislation, but also advocates further changes that go beyond the proposed statute in reducing copyright protection. T...

Fresno Family Law Attorney Says Collaborative Law Can Provide Smoother and More Affordable Divorce
Fresno family law attorney Erin Rhames-Childs says collaborative law can help people can reduce the conflict and cost of divorce litigation.