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Four-Year-Old Charged in Lawsuit

GirlBike-150x150In April of 2009, Clare Menagh, an elderly woman, was using a walker to help her get around. While Clare was walking on the sidewalk, a four-year-old was riding a bicycle near Clare. A collision took place and Clare broke her hip. Several months later, she died of causes unrelated to the incident. At the time of her death, she was eighty-seven years of age.

Estate Sues Mother And Four-Year-Old

Her estate sued not only the child’s mother, but they also sued the four-year-old. They claimed the child had been riding her bicycle in a negligent manner on the sidewalk.

A motion was made by the defense counsel for the young girl requesting that the case be dismissed against the child. The judge refused to dismiss the case. He cited a case dating back to 1929 that suggested a four-year-old could be held to a standard of reasonable care for a child of that age. Query: what standard of care is a four-year-old capable of meeting?

The child is not yet attending kindergarten, which will happen when she turns five. Legal experts throughout New York are shaking their heads with regard to the absurdity of the court’s ruling. Holding a child of four to a standard of reasonable care is absurd. The lawsuit is now moving forward and we look forward to seeing the final result in this case.

About Our Firm

Our law office has been handling all types of personal injury cases for more than thirty years. We represent individuals involved in car accidents, truck accidents, slip and fall cases and incidents of wrongful death. We also assist clients involving dog bites and cases where they are hit by individuals riding bicycles. Should you, a friend or loved one be injured, please call us. We work on all our personal injury cases on a contingency basis. We receive a percentage of the amount of the judgment received. If the event we are not successful, there are no attorney fees. Disbursements if any are charged at the end of the case. Feel free to call us at 1-800-344-6431, 516-561-6645 or 718-350-2802, or contact us by email.

Family of Drowned Girl Sues New York City

no-lifeguard-services-150x150On June 22nd, 2010, sixth-grader Nicole Suriel and her class went on a school trip to Long Beach, Long Island. Her school, which is located in Harlem, arranged the trip for more than two-dozen children.

Long Beach is a lovely little city on the south shore of Long Island. It has beautiful beaches and approximately 3 miles of boardwalk on the beaches. Unfortunately, Nicole’s school did not carefully investigate the situation in Long Beach prior to scheduling the trip.

The children were taken to a beach where no lifeguards were present. There was too little supervision of the children involved. In addition, the appropriate permission slips were not obtained for all of the children.

Five Children Almost Drowned

Things went very badly for this school trip. Five of the sixth-graders came close to drowning. Luckily, four of the students were pulled out of the ocean successfully. Unfortunately, Nicole Suriel drowned. Nicole’s parents have brought a civil lawsuit against the City of New York for their negligence in the planning and supervision of this beach excursion. No matter how much money they collect it, will never bring back their daughter!

Doctors’ Lobbying Groups Trying to Limit Medical Malpractice Claims in NY

medical_malpracticeA New York State Senate Committee is considering measures to reform civil medical malpractice law. The issue is being considered in light of skyrocketing medical malpractice premiums that doctors have to pay. For example, an OB/GYN in New York City may pay $170,000 in premiums annually.

Doctors want to protect their interests by inducing the New York State legislature to enact various types of “reform,” including capping non-economic jury awards and offering legal immunity for doctors who apologize to patients.

Several facts should be considered by the legislature before taking away substantive rights from those who suffer preventable injuries at the hands of a small number of negligent doctors.

68% of medical malpractice payments in New York are paid by just 7% of the physicians. This seems to indicate that there is no widespread problem of doctors practicing medicine negligently. Rather, there are a few bad apples that are causing the higher medical malpractice premiums for the rest of the doctors.

Rather than limiting the rights of those patients who are injured at the hands of those few bad apples, perhaps the American Medical Association, or the State Medical Associations should consider taking a role similar to the one played by the state bar associations for lawyers.

The state bar associations play a very active disciplinary role when they learn of attorney negligence or misconduct. They routinely discipline attorneys in very damaging ways, including reprimand, temporary suspension of the law license, and complete revocation of the law license. Because of this reality, attorneys are very conscious of their obligations and “bad apple” attorneys are routinely booted from the active practice of law.

The state medical associations have steadfastly refused to take a similarly active role. This decision causes repeat medical malpractice offenders to continue offending and continue causing the malpractice insurance premiums for the rest of the doctors to increase.

Rather than focusing on limiting victims’ rights in medical malpractice cases, doctors’ lobbying groups should focus on preventing medically negligent injuries and deaths by policing their own ranks for the few bad apples.

Elliot S. Schlissel, Esq.


Picture courtesy of ER Drama.

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