Sackstein Sackstein & Lee, LLP by cjleclaire
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What Should You Know About Wrongful Death in New York?
by cjleclaire
Mar 20, 2019 | 8465 views | 0 0 comments | 919 919 recommendations | email to a friend | print | permalink

What Legal Requirements Exist for a Wrongful Death Lawsuit?

Wrongful death is a legal term that indicates a party’s unlawful actions caused a death to occur. Obviously, not every death is a wrongful death. What makes a death wrongful in the eyes of New York State law?

What Elements Are Necessary for a NY Wrongful Death Lawsuit?

To bring a wrongful death case in New York, the following elements are necessary:

  • An individual died (New York State law does not recognize a fetus that dies before birth as an individual, even if a wrongful act killed the fetus)
  • The person died as a result of another’s wrongful act, neglect or failure to fulfill a legal obligation
  • If the person had lived, he or she would have been able to take legal action against the person who was responsible for the harm
  • The person who died must be survived by one or more persons who suffered loss as a result of the death
  • Damages exist that can be recovered by the estate
  • The court has assigned a personal representative, and that person is the only one who can file the lawsuit on behalf of the surviving beneficiaries (exception below)
  • When a personal representatives refuses to bring a wrongful death lawsuit, the surviving family may have an administrator appointed to prosecute the wrongful death on their behalf

Time Limitations

If a criminal action was brought against the same defendant with regards to the wrongful death, the personal representative has at least one year from the termination of the criminal action to file a wrongful death lawsuit even if the two year statute of limitations has expired or if there is less than a year remaining before the statue would expire.

(Reference: New York Estates Powers and Trusts Law, Article 5, Part 4 Rights of Members of Family Resulting from Wrongful Act, Neglect or Default Causing Death of Decedent)

At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to talk about wrongful death and determine whether grounds exist to pursue a lawsuit.

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Are Dehydration and Malnutrition a Form of Nursing Home Neglect?
by cjleclaire
Mar 01, 2019 | 11879 views | 0 0 comments | 434 434 recommendations | email to a friend | print | permalink

Dehydration and Malnutrition in New York Nursing Homes

Dehydration and malnutrition are one of the most common types of nursing home abuse.

What Is Dehydration?

Dehydration is rapid loss of body fluid, and according to the American Medical Association, a weight loss in excess of three percent of the individual’s body weight qualifies as rapid weight loss.

What Can Lead to Dehydration?

  • Lack of access to beverages
  • Medication side effects
  • Illness
  • Physical changes in the elderly person’s body

An individual may experience fluid weight loss as a result of the following:

What Are the Signs of Dehydration?

The most serious signs of dehydration include vomiting, trouble breathing and seizures. Anyone with symptoms like these should be given emergency treatment immediately because these symptoms can be life-threatening.

Other symptoms of dehydration include:

  • Thirst
  • Chills
  • Appetite loss
  • Fatigue
  • Dark colored urine
  • Dizziness or lightheadedness
  • Dry mouth
  • Flushed face

What Is Malnutrition?

When nursing home residents do not eat balanced meals or get enough food, they can become malnourished.

How Does Malnutrition Occur?

Dental problems may make it difficult for a resident to eat certain foods. Some elderly persons are unable to feed themselves. When staff shortages exist, those who cannot feed themselves may end up not eating.

In addition, when food is not properly stored or the home serves bland foods or unappetizing meals, residents may not want to eat. Spoiled, ruined or bland foods can result in malnutrition.

Depression can also be a reason that a nursing home resident is not eating well because depression often results in appetite loss. Medications can also cause for lack of appetite.

Reference: Nursing Home Abuse Center

When to Seek Legal Help

If you suspect that nursing home neglect has resulted in dehydration or malnutrition, and the situation is serious, seek legal help. An experienced attorney can investigate and evaluate whether nursing home abuse exists and help you take legal action.

At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss and evaluate the circumstances involved with your injury.


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What You Should Know about Nursing Home Abuse in New York
by cjleclaire
Feb 25, 2019 | 12576 views | 0 0 comments | 422 422 recommendations | email to a friend | print | permalink

New York State Laws on Nursing Home Abuse

Nursing home abuse often occurs due to understaffing or occurs with nursing homes that hire individuals who are unqualified or inadequately trained. Underlying reasons can be that the nursing home is trying to cut financial corners instead of providing quality care.

In addition to nursing home abuse, elder abuse in general is also a widespread problem. According to the New York State website, estimates show that between 1 million to 2 million Americans who are age 65 or older have been subjected to elder abuse through injury, exploitation or mistreatment by someone. The frequency of elder abuse ranges between two and 10 percent based on surveys and the type of research conducted. Research also shows that for every one case of abuse that is reported, five other cases go unreported.

What Signs Should You Look Out for Regarding Nursing Home Abuse?

The New York State Bar Association lists the following as possible signs of elder abuse:

  • Social and physical isolation (Preventing the elderly person from having the opportunity to speak with a family member or caregiver)
  • Unexplained injuries
  • Untidy or dirty appearance
  • Agitation, trembling, confusion and/or disorientation
  • Confusion about finances and transactions
  • Emotional distress such as crying or depression
  • Withdrawn or flat/unemotional affect

Medication errors are also a form of nursing home abuse. When staff are incompetent and dispense medication to the wrong resident, give the wrong dosage or provide the medication at the wrong time, it can harm the elderly person. Medicinal or physical restraints when used unreasonably can also be a form of abuse for the elderly.

Seek legal counsel as soon as possible if believe your loved one has been seriously injured as a result of nursing home abuse. At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss the injury and the prospects of taking legal action.

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Has Your Loved One Been the Victim of Nursing Home Neglect?
by cjleclaire
Feb 15, 2019 | 13461 views | 0 0 comments | 605 605 recommendations | email to a friend | print | permalink

How Does Neglect Differ from Abuse?

Finding out whether your parent, relative or friend has been the victim of nursing home neglect is vital for their wellbeing. Sadly, many elderly people are in such a vulnerable state that they cannot attend to their own needs. Unfortunately, they are also in no shape to deal with nursing home staff that is neglecting them.

What Is Nursing Home Neglect?

The New York Justice Center defines neglect as “the failure to provide supervision, or adequate food, clothing, shelter, health care; or access to an educational entitlement.”

Elder neglect is typically a more subtle behavior than abuse. With abuse, you envision an elderly person being shoved, pushed, physically struck or verbally abused or financially exploited. Neglect is an omission rather than a commission.

Nursing Home Neglect Examples

The failure to provide an elderly person with timely medical care is a prime example and one of the most egregious forms of neglect. In some instances, this can even be life threatening. An example would be an elderly person who experiences a stroke and cannot get out of bed. This occurs in the morning but the nursing home staff does not discover the person until dinnertime. Even then, they wait until the next day for a doctor to examine the individual. This would be gross neglect.

Other examples include failing to provide regular care such as the following:

  • Bathing services
  • Adequate food
  • Adequate fluids
  • Clothing that protects the person against weather elements
  • Supervision by staff and medical professionals
  • Safe shelter
  • Residents with bedsores

An understaffed nursing home may neglect its residents for the sole reason that staff are stretched too thin to offer proper and regular care.

If your loved one appears to be the victim of nursing home neglect, find out about their legal rights. At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss nursing home neglect and whether grounds exist for pursuing a lawsuit.

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Assault Injuries and Premises Liability — Negligent Security, Muggings, Sexual Assault Long Island
by cjleclaire
Jan 11, 2019 | 18221 views | 0 0 comments | 771 771 recommendations | email to a friend | print | permalink

Is a Property Owner Liable for Your Assault Injuries?

Negligent security is a category of law that falls under premises liability. It refers to the property owner’s negligence in maintaining secure grounds.

When violent acts or crimes harm someone on an owner’s property, there may be a legal basis for a lawsuit against the property owner. In these types of cases, the civil lawsuit would hold the property owner accountable for damages resulting from the negligent security.

What Are Examples of Negligent Security?

Many property owners take security measures to prevent criminal assaults from occurring on their grounds. A lack of security measures may in some cases establish grounds of negligence. Security measures frequently include:

  • Security guards that patrol the area
  • Gated and locked entry areas
  • Fenced in parking lots
  • Locked doors or buzzer systems for entry
  • Security cameras with broad views of the area
  • A security warning system
  • Well lit parking lots and stairwells

What Types of Establishments Must Take Security Precautions?

Lack of security in the following types of facilities can make the property owner and their agent liable for criminal assaults:

  • Hotels, resorts, convention centers
  • College dormitories and grounds of universities and public or private schools
  • Apartments and gated communities
  • Nightclubs, restaurants and bars
  • Recreational centers, sports stadiums and concert venues
  • Casinos and racetracks
  • Hospitals, mental heath institutions and medical clinics
  • Nursing homes and assisted living facilities
  • Banks and ATM areas
  • Mass transit stations for trains, subways and buses
  • Office buildings and parking lots
  • Movie theaters
  • Shopping malls

What Should You Do If Assaulted?

  1. If you are in a public or private area and someone mugs, attacks or assaults you, you should seek medical assistance first, especially if seriously injured.
  2. You should call the police and report the incident. Having the assault on record helps the police to investigate, track down and arrest the assailant. It also documents the injury that occurred on the property.
  3. If you believe the criminal act occurred as a result of negligent security, you should contact a lawyer as soon as possible. Aside from the fact that the person assaulting you could be held liable for damages, the property owner may also be liable.

Sackstein Sackstein & Lee, LLP has experience handling this type of case. We offer a free consultation to evaluate your circumstances and whether grounds exist for pursuing legal action.

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RSD/CPRS Treatment: FDA Breakthrough Therapy
by cjleclaire
Dec 11, 2018 | 19879 views | 0 0 comments | 900 900 recommendations | email to a friend | print | permalink

Progress Being Made in RSD/CPRS Treatment

In many cases, CPRS has been difficult to treat. Hearing that the FDA has deemed a drug a “breakthrough therapy” for CPRS treatment is encouraging.

RSC (Reflex Sympathetic Dystrophy) is an older name for the condition that today is called CRPS, which stands for Complex Regional Pain Syndrome. CPRS impairs the sympathetic nervous system and results in continuous, severe pain that goes beyond what is normal for the initial injury. This syndrome causes inflammation and produces symptoms in the skin, nerves, blood vessels and bones. It can also lead to short-term memory loss, spasms and various other symptoms.

While doctors do not know what causes CRPS, they do know it can manifest after an injury or surgery.

What Treatment Is Available for CPRS?

In 2016, the FDA categorized a CPRS treatment drug that was in clinical trial stages as a “breakthrough therapy.” The name of the drug is neridronic acid. Amiogen Pharma, which is an Italian drug manufacturer, discovered it. It is developing the drug jointly with Grünenthal, a German pharmaceutical company.

According to the Pain News Network, the FDA gave the drug a “Breakthrough Therapy” designation as a result of its Phase II clinical trial results. Treating CPRS patients with neridronic acid significantly reduced the pain and symptoms of CRPS.

Currently, there are no FDA approved treatments for CPRS. However, the FDA gave this drug both fast track and orphan drug designations. An orphan drug is a pharmaceutical drug being developed to treat a rare medical condition. Orphan disease is the term for a rare medical condition. The drug is currently in the Phase III trial stage. Once approved for the market, the Phase IV research trial begins where researchers evaluate long-term effects.

Individuals who meet the neridronic clinical trial requirements can participate in the clinical trial and receive treatments.

Are You or a Loved One a Victim of CPRS?

If medical malpractice was related to your CPRS condition, you may have recourse to recover compensation for injury. Compensation can help you offset the costly medical expenses involved with treating your condition.

At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss CPRS and legal action to protect your rights.

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Bronx Hit and Run Accidents Result in Serious Injury and Death
by cjleclaire
Nov 16, 2018 | 24097 views | 0 0 comments | 710 710 recommendations | email to a friend | print | permalink

Hit and run Accidents Are Common in the Bronx

In September of 2018, major media networks reported three fatal hit-and-run accidents in the Bronx:

  • September 3. A car near the intersection of the Cross Bronx Expressway and Rosedale Avenue in Parkchester hit a 66-year-old man around 2:30 a.m. The driver fled from the scene. The man was lying on the ground and other three other cars struck him as well. All three drivers remained at the scene and the police arrested two of them for driving with suspended licenses. (New York Post)
  • September 25. A pedestrian, identified as Yun Ko of Queens was struck in a hit and run accident. The victim was a 62-year-old male. After being discovered, he was rushed to the hospital where was pronounced dead. (Eyewitness News ABC)
  • September 30. A BMW driver caused a three-car collision in the Bronx and then afterward fled on foot to a cemetery close by. The BMW driver was traveling southbound on Jerome Avenue and crossed over the double lines into the northbound lane. His car sideswiped a Honda SUV that a 70-year-old woman was driving. He accelerated, still heading northbound and hit a Toyota, which flipped and entered the path of another Honda SUV driver, a 59-year-old woman, and the Toyota smashed into the passenger door. A 59-year-old man died in the crash. Police arrested the BMW driver for leaving the scene of an accident resulting in death, criminal possession of a controlled substance and unlicensed operation of a motor vehicle. (New York Daily News and NBC New York)

A hit and run accident is an accident where a driver involved in the collision knowingly fails to stop and provide information: name, driver’s license number, etc. to the injured party, a witness or law enforcement officers or if unable to stop fails to report the accident to authorities as soon as possible.

Under New York law it is illegal to leave the scene of an accident where serious injury or death has occurred.

In many instances, the driver fleeing an accident scene is also at fault for causing the accident.

At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss serious injury or death of a loved one in hit and run accidents.

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Recent Hit and Run Accidents that Occurred in Queens, New York
by cjleclaire
Nov 16, 2018 | 23405 views | 0 0 comments | 721 721 recommendations | email to a friend | print | permalink

Why Hit and Run Accidents Can Be So Devastating

A hit and run accident leaves the injured victim abandoned at the scene of the accident. While any serious car accident is a traumatic experience, being left without anyone to render assistance can make you feel helpless. In many cases, severely injured victims are unconscious and unable to move their cars or otherwise get off the road. The inability to move to a safe location can leave them open to further injury. Vehicles, pedestrians or bicyclists who are left vulnerable are often subject to further impact by other cars.

Traumatic Hit and Run Accidents that Occurred in Queens over the Past Few Months

Unfortunately, a number of hit and run accidents occur in Queens every year and are reported by the media. Several recent hit and run accidents in Queens include:

  • August 14, 2018. A driver’s car hit an 11-year-old boy on August 14, 2018, and the accident was caught on video. The boy was riding a bike and had just turned the corner at the intersection of Healy Avenue and Dickens Street in Queens when the car slammed into him causing him to fly high up into the air and land on the pavement. Police located the vehicle based on its make, year and shattered windshield and then arrested the driver and charged him with leaving the scene of an accident and reckless endangerment. The child was hospitalized and was expected to recover. The accident occurred on his 11th birthday. (reported by CBS New York)
  • September 28, 2018. Law enforcement is searching for a driver that struck a 70-year-old woman. The driver fled the scene of the accident on Sept 28. The accident occurred at Linden Boulevard and 169th Street around 7:00 a.m. as the woman was attempting to cross the intersection outside of a crosswalk. She suffered head trauma and hip trauma as a result of the accident and was pronounced dead after arriving at Jamaica Hospital. [reported by Jamaica, Queens ABC 7 (WABC)]

If you or a loved one has been injured or a loved one has died as a result of a hit and run accident, seek legal counsel as soon as possible. At Sackstein Sackstein & Lee, LLP , we offer a free initial consultation to discuss the injury and legal options that are available.

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Bedsores Due to Nursing Home Neglect – Frequently Asked Questions
by cjleclaire
Oct 09, 2018 | 23377 views | 0 0 comments | 540 540 recommendations | email to a friend | print | permalink

What Systems Should Hospital Staff Follow to Monitor Medical Conditions?

Monitoring a medical condition in a patient requires following set medical standards and guidelines that have been established to ensure that treatment is working and that a patient is recovering.

Medical schools at universities and hospitals that oversee surgery and treatment devise policies and protocols to prevent medical conditions from worsening or from occurring in the first place.

Study Reveals Failure to Monitor Infection and Ventilator Use

Columbia University conducted research that was published in the American Journal of Infection Control. The study reviewed infection control efforts at U.S. hospitals and was the most comprehensive study done in 30 years.

Infection control efforts are a specific type of patient monitoring. The study found that even intensive care units were lax in complying with policies. This was particularly shocking since ICUs are more prone to monitoring the devices they use than other areas of hospitals. Use of central lines, urinary catheters and ventilators is common in ICUs.

Study Findings

Best practices for preventing infections includes using checklists that help medical staff prevent bloodstream infections and avoid pneumonia in ventilator patients.

Note: Improperly inserted, utilized and maintained catheters can transmit deadly infections to the bloodstream.
Note: One straightforward and easily monitored item on a ventilator checklist is keeping patients elevated in bed, with the head higher than the feet. This one simple method can help prevent pneumonia.

The study found:

  • Checklists were followed about 50% of the time.
  • If hospitals would use, electronic monitoring systems and staff who are certified in infection control, they would improve policy compliance.

Statistical Facts

  • Health care-related infections kill an estimated 100,000 Americans per year
  • Such costs result in an estimated $33 billion in excess medical expenses
  • Only one third of ICUs have an electronic surveillance system to track compliance with infection-prevention policies at the clinician level
  • More than 33% of hospitals failed to employ a full-time clinician certified in infection prevention to supervise compliance
  • More than 90% of ICUs had checklists for sterile insertion but policies were followed about 50% of the time.
  • ICU’s followed their checklists 50% of the time when using ventilators

If you suspect that a failure to monitor a patient’s medical condition resulted in serious harm or death, consult with an experienced attorney. At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss concerns about medical malpractice.


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How Would You Know Whether Your Newborn Suffered from Hypoxia and Asphyxia?
by cjleclaire
Sep 25, 2018 | 20255 views | 0 0 comments | 577 577 recommendations | email to a friend | print | permalink

Symptoms of Birth Hypoxia or Asphyxia that Parents Should Be Aware of

Birth hypoxia and asphyxia both refer to lack of oxygen to the brain in a fetus. This can occur right before, during or immediately after birth.

Seattle Children’s Research Foundation explains that a baby’s cells do not function properly when deprived of oxygen and nutrients. Oxygen deprivation can result in waste products building up in the cells, which causes damage.

What Factors Determine the Degree of Harm?

Factors that determine the extent of harm include:

  • The length of time the baby was deprived of oxygen
  • How low the baby’s oxygen level is
  • The speed with which the baby receives proper treatment

When hypoxia or asphyxia is mild, babies can fully recover. When it is severe, a baby may suffer from permanent injury, affecting the baby’s brain, heart, lungs, kidneys, bowels or other organs.

What Can Cause Asphyxia or Hypoxia?

The following can result in these medical conditions:

  • Airways blocked in the baby
  • Baby’s airway is not properly formed
  • Too little oxygen in the mother’s blood prior to delivery
  • Difficulties with the placenta prematurely separating from the womb
  • A long or difficult delivery
  • Umbilical cord problems during delivery
  • High or low blood pressure in the mother
  • Anemia in the baby where the baby’s blood cells do not carry enough oxygen

What You Should Look for

When suffering from asphyxia or hypoxia, a baby could be manifesting the following symptoms:

  • Not breathing or very weak breathing
  • Abnormal breathing
  • Poor blood circulation
  • Lack of energy (lethargy)
  • Low blood pressure
  • Not urinating
  • Blood clotting abnormalities
  • Skin color is bluish, gray or lighter than normal
  • Low heart rate
  • Poor muscle tone
  • Weak reflexes
  • Too much acid in the baby’s blood (acidosis)
  • The baby’s first stool shows evidence of amniotic fluid stain
  • Seizures

If you suspect that medical malpractice might have been a factor in your child’s care, consult with an experienced medical malpractice attorney. At Sackstein Sackstein & Lee, LLP , we offer a free initial consultation to discuss your concerns.

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