Articles Posted in Wrongful Death

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Nursing homes provide care for some of the most vulnerable people in our society. Our legal system therefore holds them to a very high standard. When a nursing home fails to provide adequate care to a resident, it could be held liable for resulting injuries. The common-law theory of negligence, when applied to a medical professional like a doctor or nurse, is often known as malpractice. Nursing home residents in Westchester County and throughout New York are also protected by a state law that allows them to sue a nursing home that causes injury by depriving them of a “right or benefit.”

In order to prevail in a negligence claim, a plaintiff must prove several elements. First, they must establish that the defendant owed a duty of care to them, or to the general public. Doctors, nurses, and other medical professionals owe a duty of care to their patients as a matter of law. A plaintiff must also prove that the defendant breached the duty of care owed to them, and that this breach caused their injuries. This is often the most challenging part of a claim for nursing home malpractice in New York. A plaintiff must demonstrate that, without the defendant’s breach, the injury most likely would not have occurred.

Medical errors, such as prescribing or administering the wrong medication, or the wrong dosage of medication, could constitute a breach of a medical professional’s duty of care. In the context of a nursing home, many breaches involve neglect of a resident’s basic needs, such as food, water, hygiene, or social connection.
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On March 23, 2018, a self driving Tesla SUV crashed while the vehicle was operating on autopilot in Mountain View, California. According to a spokesperson for Tesla, Walter Huang, 38, a software engineer for Apple, did not have his hands on the steering wheel for approximately six seconds before the fatal crash occurred.

Tesla maintains that its “autopilot” system can brake, accelerate, control speed, change lanes and self-park, but does require that the operator must keep his or her eyes on the road and hands on the steering wheel so that they can control the vehicle to prevent accidents.

Tesla contends that in the March 23rd accident, Mr. Huang took no evasive measures to prevent the Model X SUV from colliding with a concrete divider. This despite allegedly receiving “several visual and one audible hands on warning earlier in the drive”. Photographic evidence shows that the front of the SUV was destroyed, the roof torn from the car and the front wheels were off the vehicle and on the roadway. Additionally, the vehicle went on fire, but Tesla alleges that Mr. Huang was not in the vehicle when this occurred. Further, the accident was worsened as a result of a missing or damaged safety shield at the end of the barrier, which is designed to reduce the impact into the divider. Continue reading ›

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Efren Moreano, 20, the driver of the wrong way vehicle on the Sprain Brook Parkway who struck and killed an NYPD detective in the early morning hours of February 28, 2015, has been charged with second degree manslaughter, a class D felony. Mr. Moreano has been in a medically induced coma since the accident. His arraignment was done in the Westchester County Medical Center before Superior Court judge Robert Neary. If and when Mr. Moreano is well enough to participate in the legal proceedings against him, the case will initially be transferred to the Greenburgh Town Court, and if the charges are not reduced to a non-felony (which is very unlikely), the case will then be moved to the Westchester County Court, which has jurisdiction of felonies, unlike town and village Courts.

On February 28, 2015, at approximately 4:00 AM, Mr. Moreano was operating his 2013 Honda Civic northbound in the southbound lanes of the Sprain parkway. Paul Duncan, a 46 year old, seventeen year veteran detective employed by the NYPD and married father of a teenage daughter, was traveling southbound. Mr. Duncan was operating a 2011 Honda Pilot. Apparently, Mr. Moreano had a blood alcohol concentration of 0.11%. The legal limit for intoxication pursuant to the New York State Vehicle & Traffic Law is 0.08%. Mr. Duncan died at the scene.

The fatal wrong way crash is the latest in a long line of tragedies on Hudson Valley highways and parkways since 2009. Most notably, in July of 2009, a few miles north of the Duncan tragedy, Diane Schuler, a Cablevision executive who had a BAC of 0.18% (more than double the legal limit of 0.08% and chargeable as an “Aggravated DWI”), drove southbound in the northbound lanes for several miles with her infant daughter, five year old son, and three nieces ages ten and under in the car. Schuler struck a northbound vehicle occupied by three men. The only survivor of this horrific crash was Schuler’s five year old son.

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