New Haven County Personal Injury Attorney Blog

Medical malpractice may follow physician's criminal conviction

2013-05-23T06:32:04Z

Millions of Americans, no doubt including many Connecticut residents, were likely shocked to learn of the gruesome details recently revealed in trial regarding an abortion doctor accused of terminating almost full term babies outside of the womb. Jurors convicted the doctor this week of killing three babies born alive during a criminal trial.

Beyond the criminal trial, the country may also see medical malpractice civil trials brought against the physician, who made millions performing abortions, both legal and illegal, over the course of his career. States are prohibiting from outlawing abortions in early pregnancy, but may do so when the fetus' life becomes viable outside the womb. According to sources, the convicted physician was delivering live babies and then cutting their spinal cords to complete the abortion.

]]> Many of the women undergoing such procedures likely had no idea how the abortion would be performed, or that the baby was alive when it exited the womb. On top of these horrible circumstances, the facility in which the doctor worked also deteriorated over the course of time, creating unsanitary and unsafe conditions for patients. Specifically, sources state the doctors reused disposable medical equipment that could spread venereal diseases and also allowed untrained staff to complete skilled care.

The doctor has been facing medical malpractice suits for some time now, even prior to the criminal trial. One party claimed that he left the fetus inside of her and another stated she spent two weeks in a hospital with sepsis after she underwent an abortion at his clinic.

These kinds of horrific stories are troubling to hear. Yet, it is an important reminder as to why medical malpractice claims are a vital resource for injured parties. Obtaining monetary compensation for medical expenses, wage loss and pain and suffering that extends from such negligent and reckless behavior can help with moving on in life.

Source: Connecticut Post, "Jurors: Pa. abortion doctor got greedy, lost his way," MaryClaire Dale, May 15, 2013

Connecticut car accident sends five to the hospital

2013-05-17T06:58:46Z

Unfortunately, as Connecticut residents know all too well, tragedy can strike at any moment. While on the road, it is imperative all drivers pay close attention to the road ahead of them, but yet there are thousands of distractions in front of any given driver at any point in time. In a society with increasingly mobile technology, smart phones, dashboard computers and tablets mean more convenience in obtaining information and entertainment at any given point in time.

A recent incident in Norwich, Connecticut resulted in misfortunate to several involving a baby when a station wagon hit a minivan on a Friday afternoon. The collision caused the minivan to roll over several times and landed on all four wheels. The incident injured the driver of the minivan, the two adult passengers in the minivan and a child in a car seat. The driver of the station wagon was also injured, and all five people were transported to the hospital.

]]> Any negligent driver possesses the capacity to seriously injure others. On top of criminal charges that might be assessed toward such driver, injured parties may be entitled to bring civil litigation against the party for damages experienced as a result of the incident. Such a suit can help pay surmounting medical bills, lost wages and pain and suffering. This type of lawsuit is crucial for an injured party who well deserves compensation for their losses. Additionally, the litigation serves to deter future negligent behavior.

Although technology can prove to be convenient in the vehicle, these coveted pieces of technology are also prone to cause car accidents. On top of these distractions are also others such as a crying baby in the back seat, or a piece of paper a driver just needs to have. All of these items can contribute to a complete and utter tragedy unfortunately.

Source: Norwich Bulletin, "Intersection of Norwich crash dangerous, residents say," John Barry, May 3, 2013.

Jury awards $15.7 million to Connecticut car accident victims

2013-05-07T09:00:29Z

As Connecticut residents are well aware, tragedy can strike at any moment. One negligent or distracted driver can sadly take the lives of one or even many. This may be what occurred on a sad day in New London in 2007, when a car accident on Interstate 95 in East Lyme killed three people. Five years later a jury deliberated on the facts of the civil suit and awarded $15.7 million to the family members.

Sources report that on this tragic day, a tanker truck traveled over the median near the I-395 interchange crashing into southbound traffic. The tanker truck was carrying 7,000 gallons of fuel at the time of the incident. According to witnesses, the driver of the tanker truck, who was killed in the accident, appeared to be racing another truck driver.

]]> The jury found Northeast Carriers, the owner of the tanker, to be negligent and reckless. When it comes to a civil suit against an employer and owner of a company there are often two ways in which that entity might be held responsible for an auto accident involving their vehicle and employee. First, if there is found to have been a defect or safety hazard involved in the vehicle itself which caused the accident, the company could be liable on the basis of failure to maintain and inspect the product.

Alternatively, if it is the employee's negligent behavior that caused the accident, the company could be found liable upon the doctrine of respondeat superior. Such a concept holds an employer responsible for the foreseeable behavior of its employees if such behavior is enacted within the scope of employment. Often, the only type of behavior not subject to such an analysis is the intentional behavior of an employee. Thus, if the truck driver had intentionally hit head on traffic that tragic day in 2007, no claim based on respondeat superior against the employer could be brought.

These legal concepts are often deeply complicated. It is important to be adequately represented in any civil litigation against a potentially negligent party.

Source: Claims Journal, "Connecticut Jury Awards $15.7M in Fatal Crash Lawsuit," April 29, 2013.

Medical malpractice verdict brings justice to one family

2013-04-30T10:38:34Z

Instances of medical malpractice can often be tragic. A physician is a trusted individual, but also a human being capable of making mistakes. Yet, a medical malpractice claim, often misunderstood, is not brought for small, everyday mistakes. Instead, such a claim involves the failure of a medical provider to meet the standard of care and in so doing, likely substantially harmed another individual. Medical malpractice claims do not only involve a physician but can also be brought against a hospital. A state neighboring Connecticut recently experienced a medical malpractice suit involving a substantial birth injury.

A New York jury recently awarded a family $130 million in a malpractice suit brought against a Hospital in the state. The parents of a daughter sued the hospital alleging that the delivery, facilitated in the hospital, resulted in cerebral palsy to the daughter. According to the verdict, the jury found the hospital departed from the standard of care in a number of ways. Such departure resulted in the child being deprived of oxygen for a substantial period of time.

]]> Now the daughter cannot eat, breath or swallow without assistance. When a hospital or doctor departs from a standard of care, the lives of others are at stake. It is important to hold these individuals or entities responsible for this negligent behavior in order to deter future negligent behavior as well as to award the necessary monetary compensation to the harmed individuals.

Under the legal concept of respondeat superior, a hospital can be held liable for the negligent conduct of its employees if such employee was acting within the scope of employment when a negligent act occurs. Such a law is in place to encourage hospitals to institute proper training and disciplinary procedures upon its employees. Medical malpractice claims are invaluable in covering the expenses related to a negligent act. The New York family can now move on with their lives and care for their daughter in the way required.

Source: Connecticut Post, "Long Island family awarded $130 million malpractice claim," April 18, 2013.

Drunk driving accident injures nine people

2013-04-24T09:13:11Z

A car accident is troubling enough without tossing in complicated facts such as driving under the influence of alcohol. The propensity for any negligent driver to ruin the lives of others is great. When one adds alcohol to the mix, the amount of damage that can be done is often too much for anyone to handle. Unfortunately, this kind of combination is likely the cause of a recent drunk driving accident that injured nine people in Connecticut recently.

A 46-year-old man crashed his vehicle into a Stratford, Connecticut business on Friday, April 12. The building, a nail salon, was in operation at the time and nine people were injured. The man is now criminally charged with operating a motor vehicle under the influence, risk of injury to a minor and second degree assault with a motor vehicle.

]]> The state of Connecticut prohibits operation of motor vehicle under the influence of alcohol. When an individual is harmed in an incident caused by an intoxicated driver, not only are criminal charges applicable, but civil litigation is also often appropriate.

When pursuing a negligent driver in civil litigation, the harmed party seeks monetary compensation for the surmounting medical bills, wage loss and pain and suffering associated with the accident. While commonly misunderstood, it is often not the negligent driver that pays for these bills, but instead the auto insurance company of that driver. The state of Connecticut requires every registered motor vehicle to be insured while operated on public roads.

Therefore, in an auto civil claim, a negligent driver is often insured and the injured party is permitted to pursue compensation via the insurance policy of that negligent driver. In some cases, unfortunately the policy limits of the negligent driver do not cover all the damages sustained by the injured party. If that is the case, the harmed individual might also pursue an underinsured motorist claim against their own insurance to recover the remaining compensation necessary to move on with his or her life.

Civil litigation involving an auto claim can be rather complicated. It is important to have adequate representation in such cases in order to obtain a fair and equitable result.

Source: Connecticut Post, "Not guilty plea in deadly Seattle DUI accident," April 11, 2013.

DNA evidence helps identify individual in tragic crash

2013-04-19T05:51:39Z

The tragedy of a car accident will have an enormous impact on those involved. Sadly, one negligent or distracted driver possesses the capacity to seriously or even fatally injure another human being, thereby change the course of a substantial amount of lives in the process.

Thankfully, the state of Connecticut has laws in place that hold a negligent part accountable in the event of a car accident that causes injury to another. Yet, it is incredibly difficult to prosecute or pursue civil litigation against that individual if they flee the scene of an accident. This was the very issue for a tragic accident that occurred recently in Grand Junction, Colorado. On January 19^th, an individual was involved in an accident in the city which resulted in her death. Until recently, authorities were unable to locate the driver of the vehicle that caused the incident.

]]> However, on April 12, authorities revealed they discovered crucial DNA evidence which might have identified the negligent party. That individual now faces charges of vehicular homicide and DUI.

Most states, including Connecticut provide not only criminal penalties for negligent drivers, but also civil consequences. The loved ones of an individual that died in an accident can bring a civil suit against the negligent driver in Connecticut courts. Such a suit can bring the necessary monetary compensation required to cover the medical expenses, pain and suffering and funeral costs associated with the accident.

Holding an individual accountable for his or her negligent decisions can have an enormous impact on not only the victim, but society as a whole. Civil litigation imposes a penalty on those who are guilty of causing injury to another. Such penalties result in proper punishment and future deterrence to not on that negligent driver but other potential negligent drivers as well.

Source: Connecticut Post, "Police say DNA helped solve car accident case," April 12, 2013

Connecticut state rep facing consequences after car accident

2013-04-10T07:32:00Z

A hit-and-run accident is a troubling event because it often leaves a victim injured without assistance. That is why there is law in place in Connecticut, as well as in other states, which requires anyone involved in an incident to stop and render assistance to any injured parties. Unfortunately, drinking and driving is often involved in such incidents as well and may be the reason for the flee in the first place. All of these facts potentially play into a Connecticut accident case involving a state lawmaker.

The state representation is accused of leaving the scene of an accident that she caused. On August 15^th, she was driving her vehicle with a 13-year-old and 7-year-old as passengers when she collided with another driver at the intersection of North and Briarwood Avenue. She then left the scene according to witnesses. One individual flagged her down approximately six blocks from the incident. Authorities arrested her shortly thereafter.

]]> Police officers did not give her a breathalyzer test at that time, stating she did not exhibit signs of intoxication. However, a lawsuit filed by the victim recently alleges that intoxication was involved.

Now the representative faces two forms of litigation, criminal and civil. She has until April 26^th to accept a plea deal put forth by the prosecutor on her criminal case. If she does accept the deal, she will plead guilty to a charge of evading responsibility and face a suspended license as well as probation. If she does not accept, the case will go to trial. Separately, the victim filed a separate suit in civil court to recover monetary compensation for the injuries arising from the incident.

Civil litigation can offer an injured individual the compensation they need to move on with their lives. An accident can leave a victim with surmounting medical bills, substantial wage loss and much pain and suffering. Obtaining compensation for such losses is a justice the law often provides.

Source: CT Post, "Ayala crash case at crossroads," Daniel Tepfer, April 2, 2013

Spinal cord injuries result from dangerous car accident

2013-04-03T17:36:03Z

One of the worst injuries, aside from death, that one can experience from a car accident is that of a spinal cord injury which has the potential to cause life lasting consequences. As many Connecticut residents understand, a spinal cord injury can debilitate someone for life, leaving her paralyzed, with substantial medical bills and the inability to work or work at full capacity. A recent incident in a western state caused a terrible spinal cord injury to one passenger. Somewhat shockingly, the alleged negligent party was an on-duty police officer.

The police sergeant claims to have been pursuing another vehicle on suspicion of drunken driving when he side swiped another car, driven by a 21-year old woman whose sister was the only passenger. The impact killed the driver and left her sister, 19, with a fractured spine and broken hip. The sergeant is now being prosecuted for criminal vehicular homicide.

]]> The facts of such a case could also involve a civil suit of negligence against the defendant. In this incident, while the officer claims to have been in pursuit of another vehicle at the time of the crash, there is no indication he was told by dispatchers to look out for a drunk driver. Further, reports show he logged of the most recent call he made some four hours before the incident.

Civil litigation stemming from the negligent acts of a drunken driver can bring the injured individual or their family the monetary compensation they require to pay medical bills and wage loss. The claim also inspires future deterrence of such negligent acts. While it may be a difficult process to undergo, the relief awarded in the end is often life-altering for the better.

Source: CT Post, "NM police sergeant charged with vehicle homicide," March 26, 2013.

Wintry weather in Northeast causes car accident

2013-03-26T16:43:30Z

There is not a Connecticut resident around that is not wishing and hoping for a real spring to arrive, any day now. After a long, cold winter there is nothing more rewarding than some sunshine and warm temperatures. Unfortunately, March did not bring as much warmth as most hoped. Instead, Connecticut citizens got heavy snowfall and freezing temperatures. To top it all off, the untimely wintry weather has caused a number of car collisions in the area.

During the most recent snowstorm, schools closed and snow plows blasted the streets. The slick mess of roads persisted in spite of the Northeast best's efforts to clean up. This wintry mix involved the Harlem Globe Trotters in a dangerous accident. On Tuesday, March 19, the team traveled by bus through the Northeast storm. As they moved along Interstate 280, the bus collided with a car.

]]> Thankfully, no one was seriously injured in the incident. Yet, the accident had the propensity to cause substantial harm. A bus accident is certainly a dangerous situation where such a large vehicle is involved with the potential to carry so many passengers.

It's not clear what caused the incident exactly, or if driver negligence was involved at all. If an individual is injured in an accident caused by a distracted or negligent driver, the injured party may be entitled to bring a lawsuit against the liable individual. Such litigation can bring the necessary monetary compensation to a harmed person who experiences medical bills, wage loss and pain and suffering.

With the wintry weather also comes dangerous roads. This should mean that drivers are more careful while commuting. This is not always the case sadly and even driving the speed limit on slippery streets can be inappropriate during stormy days. One negligent decision has the potential to harm so many, which is why making smart and safe decisions is a such a valued posture to have.

Source: CBS Connecticut, "March Snowfall Delays Schools, Causes Accidents," Jay Lindsey, March 19, 2013.

Bus accident involving 34 lacrosse players results in injury

2013-03-20T18:37:48Z

Any accident can be a terrifying experience. When two vehicles collide while traveling at a fast speed, the impact is no doubt hard felt. Bus accidents are particularly dangerous events as they involve large vehicles that can do more damage. Tragically, a recent bus collision near Connecticut ended with one fatality and another in critical condition.

On Tuesday, March 12, a bus carrying 34 members of a lacrosse team traveled along an east coast highway. The roads were wet and potentially slippery as the team traversed to a game in New York. The crash occurred at approximately noon when a vehicle spun out of control. The sports car hit the bus, ultimately landing in a ditch. The bus toppled on its side as a result of the impact. The 64-year old passenger in the sports vehicle passed away from injuries related to the crash. The 65-year-old driver is currently in critical condition.

]]> No lacrosse players, nor the driver of the bus, were seriously injured in the crash. According to a witness driving in front of the bus at the time, the sports vehicle was sluing across all three lanes of traffic shortly before impact. If negligence is determined to be a factor in the tragic incident, all negligent parties could be held accountable for their behavior.

It is never an easy decision to decide to bring a civil suit against anyone. Yet, when an incident involves injuries and negligence, it is important to hold the responsible parties accountable. A civil suit provides fair monetary compensation to the victims, provides some form of retribution and further acts as a deterrent to future negligent behavior.

Source: Connecticut Post, "Bus carrying VT lacrosse team crashes in NY," Chris Carola, March 12, 2013.

Man involved in potential drunk driving accident surrenders

2013-03-15T16:42:21Z

A drunk driving car accident is no doubt a tragic occurrence. Connecticut residents are likely to know about the recent crash involving two young parents and their unborn child. The truly catastrophic incident, which left both parents and their unborn child dead, haunts the country as details of potential drunk driving accident slowly unfold.

Early Sunday morning, the couple left their home to go to a nearby hospital, because the pregnant woman was not feeling well. As the couple traveled to the hospital in a cab, they were broadsided by another vehicle, traveling around 60 m.p.h. at the time. The woman was thrown from the cab. The husband and wife died from injuries sustained. Their unborn child survived the crash, only to pass away on Monday, March 4^th. The driver of the speeding vehicle left the scene of the accident. Authorities have pursued him since that time.

]]> His identity is now known and he recently informed a news source that he planned to turn himself in, an act he completed on Wednesday, March 6th. He has a deep history of crime, having been charged with driving under the influence only a month prior when he was pulled over for erratic driving. His breathalyzer results were 1.3, over the New York .08 legal limit. He also spent some time in prison for manslaughter charges, after being convicted of shooting a man.

He claims that on the night of the incident, he was running for his life, being chased by an armed shooter. He further states he fled the scene of the accident because he was in fear for his life. Authorities do suspect alcohol to be involved in the crash, but proving the man was intoxicated will be difficult given no breathalyzer test was completed at the time.

Whatever the reason for his behavior, he should be held accountable in a court of law. The family of the lost three may be entitled to bring a civil suit in court to recover monetary compensation for their loss.

Source: CT Post, "Suspect in violent NYC crash ready to surrender," Colleen Long, March 5, 2013.

Car accident sends UConn football player to hospital

2013-03-04T16:04:24Z

An auto accident is a feared event, to state the obvious. One negligent decision can result in serious injuries and substantial medical expenses for those involved. This is why it is crucial that drivers follow the rules of the road at all times. A distracted driver is the most dangerous aspect to a commute. Unfortunately, a recent car accident that involved a University of Connecticut football player caused serious injuries to the much valued running back.

On the morning of Saturday, February 22, the UConn player was the passenger in a 2004 Chrysler. While traveling on Route 4 in Durham, the vehicle collided with a 2000 Buick, driven by a 74-year-old man. The two vehicles were traveling opposite each other at the time of the crash.

]]> Tragically, the 74-year-old man died from the incident. The UConn player was transported to a nearby hospital with reportedly serious injuries. His driver was also seriously injured in the accident.

Authorities are still investigating the cause of the incident. In the state of Connecticut, an injured party may recover monetary compensation for his injuries sustained in a collision. Even if a jury finds both parties to be at fault, the harmed individual can still recover. In such an event, a jury places a percentage of fault on each party. The jury then determines the total amount of monetary damages the victim experiences. The injured individual can then recover the percentage of compensation attributed to the negligent party.

In this incident, it appears likely the UConn man's career could be substantially affected because of this accident. If he is not able to play during the season because of the injuries sustained, he could lose a scholarship and even the opportunity to play professionally. Such a potential loss of college tuition and wages could mean serious damages claimed by the player if any other individual is negligent in causing the incident.

Source: CBS Local News, "UConn football player injured in crash," Feb. 25, 2013.

Drunk driving accident pushes one driver off the road

2013-03-02T16:24:45Z

The most troubling type of car crash is often the kind that was particularly avoidable. An example of such an unnecessary event might involve drinking and driving. When an individual gets behind the wheel of a vehicle after drinking, their ability is impaired significantly. Such a decision too often results in a drunk driving accident that potentially injures many others.

Recently, in Connecticut, a 34-year-old woman was charged with driving under the influence after she rear ended another driver on I-84. This Waterbury, Connecticut woman hit the back of another vehicle near the Southbury exit, causing it to lose control and hit a guardrail. Simultaneously, the woman veered right hitting another guardrail. She sustained minor injuries in the incident.

]]> It is unclear at this the time the condition of the other driver. If that individual was injured in the accident, they may be entitled to bring a civil claim against the Waterbury woman in Connecticut court. While the woman was charged with driving under the influence and following another car too closely, these are criminal allegations. For such criminal charges, the woman could face fines to the city and jail time. However, the victim of the incident may still require medical care or experience wage loss and thus be entitled to monetary compensation from the negligent party.

Bringing a civil claim against a drunk driver serves many purposes. In addition to provided a strong deferment to drinking a driving, a civil claim can help compensate a victim or a victim's family. Such compensation is often vital in obtaining a proper recovery and moving on with one's life.

Source: Connecticut Patch, "Car accident in Southbury leads to injuries, DUI," Daniel DeBlasio, Feb. 19, 2013.

Tragic Milford accident takes 1 life, injures at least 2 others

2013-02-20T21:56:21Z

In these wintry months, auto accidents seem to amass in Connecticut. As previous posts have mentioned, the state has made a serious effort to incorporate laws which protect pedestrians from negligent or distracted drivers. However, there is only so much a government entity can do to prevent tragic car accidents like the one that occurred in Milford.

According to police, during the late morning, four pedestrians walked on the shoulder of a local road when a car struck them from behind.

]]> Tragically, a 53-year-old pedestrian died as a result of the injuries he sustained. At least two other pedestrians were transported to local hospitals. A 51-year-old woman remains in critical condition and a 21 year old was released following treatment.

The driver of the vehicle in question is a 31-year-old Connecticut man. The precise reason for his veering onto the shoulder is unclear at this time. Authorities continue to investigate the cause of the incident.

Whatever the exact reason for the tragedy, if negligent behavior on the part of the driver related to the crash, the victim's family may bring a wrongful death claim against the man. Further, the other injured passengers may also pursue a negligence claim against the driver. If the driver has auto insurance, his insurance policy will likely carry a monetary limit, which means it will award only up to a certain amount of funds to any and all injured parties.

This means that all pedestrians injured in the accident may have to share the policy limits if a civil suit results. Very possibly, the family of the man that passed away could be entitled to a majority of the policy due to the substantial injuries the incident caused to the man and the family. Dealing with the complexities of an insurance claim is one reason why it's important to make sure that accident victims explore all available legal options and pursue the best course of action.

Source: Connecticut Post, "One Dead, One Critical After Car Strikes Family," Feb. 13, 2013

Bus accident takes another life

2013-02-14T17:39:27Z

Much too often recently residents of Connecticut have had to read about tragic bus accidents. The state of Connecticut alone experienced a number of bus collisions in 2012. As many Connecticut residents are aware, another tragic bus accident occurred very recently. Unfortunately another individual has just died as a result of the crash.

The driver of the pickup truck who was hit head on by a bus died from crash related injuries on Wednesday, February 6^th. This brings the total number dead from this crash to eight. The incident, which occurred in California, is still being investigated by authorities. The cause of the crash is unknown at this time.

]]> The driver of the bus indicates the brakes failed to work properly. Investigators analyzing the details of the crash found that this particular bus has a history of brake problems. Other potential reasons for the crash include driver fatigue and road conditions.

The bus was carrying 38 people at the time of the incident. The bus hit the truck driver and then flipped, spilling wreckage and people around the scene. The victims of this incident may bring a civil suit against the driver of the bus or the bus company if evidence indicates either's negligence lead to the crash.

Even if the brakes are not found to have been faulty, if the driver was negligent, the company may still be held responsible for the incident. Under the concept of respondeat superior, an employer is liable for the negligent conduct of its employees if such activity is done within the scope of employment. Substantial investigation and evidence is required in order to be successful in such a suit.

Source: Connecticut Post, "California tour bus collision death toll rises to eight," Feb. 6, 2013.