September 2008 Archives

When you check into a hospital you shouldn't have to worry that someone is taking photos of your injuries and posting them on the internet.  That's what happened recently at a New Mexico Hospital. I discussed the case yesterday on Headline News. Let me know what you think.

Isn't it a shame? Poor little Gary Coleman.  How miserable must he be that he has to assault a fan who wants to take a picture from his cell phone?  Reports from Payson City, Utah reveal that a personal injury lawsuit has just been filed there against the former Diff'rent Strokes star.  Coleman was charged with misdemeanors in Payson City Justice Court including class B reckless driving and an infraction of disorderly conduct. A finding of guilt in the criminal proceedings will certainly help the civil case. To recover money from Coleman, the fan will need to establish that he suffered physical and/or emotional injuries as a result of the assault. What's Gary Coleman doing in Utah anyway???????

A couple from Ellijay, GA filed a $75,000 malpractice lawsuit against a veterinarian who treated their 13-year-old miniature schnauzer. The lawsuit contends that the vet, Dr. Julie Duval, botched an operation to remove a tumor,  which caused the dog to contract a fatal infection.

I love animals.  I grew up with a dog and I live with three cats.  My pets are like family and if my veterinarian (who I think is fabulous) committed malpractice and caused one of my pets to die, I would want to sue as well.  The problem is that the law does not allow for veterinary malpractice lawsuits.

A pet is considered a "chattel,"  a legal word for "thing".  Losing a pet, in the eyes of the law is no different than losing a sweater - awful, I know.  Maybe one day our legislators will pass laws that hold veterinarians accountable for negligent acts.  Until then, we suffer the wrongful loss of a pet without true recourse.

Kudos to the couple for  bringing some national attention to the issue.  They will lose their case, but perhaps make progress in changing the law at some point in the future.

		Courtesy of Lucille Iacovelli's youtube video of her awful experience

Making news in Ireland this week is the upcoming NYC medical malpractice trial of an Irish family that is suing NYC plastic surgeon, Dr. Michael Sachs. Kay Cregan, a 42 year old wife and mother of two, went to Dr. Sachs for a face lift - she ended up dead.  Allegedly, prior to this incident, Dr. Sachs had been sued approximately 33 times for medical malpractice.

There is always a risk when undergoing surgery and that is why I always tell everyone who will listen to me that you should NEVER have surgery unless it is absolutely necessary. A facelift is an elective surgery -one of choice and not medical necessity.  It is a dangerous gamble to take the risks of general anesthesia and going under the knife so that you can look better.  That's why plastic surgeons make patients sign explicit consent forms acknowledging the risk of injury and even, like here, death.

My firm handled a case where a long island woman died while undergoing a nose-job. The defense tried the "consent" argument. They lost. We won.

You can't consent to malpractice.  If Dr. Sachs did a botched job on this woman which caused her to die, he will have to pay for it - big time. If they prove malpractice, the Cregan family will be compensated for the loss of parental guidance for the two children, the pain and suffering Kay endured and any financial loss the family will suffer from her death - likely to be a verdict in the millions. Stay tuned for the result....

Greetings from the heart of New York City! Welcome and thank you for coming to my blog.  Above is a video about me and why I started this blog.  Please submit your thoughts and ideas and visit the section of this site called"Ask Andrew" where you can ask me anything you'd like!  I look forward to hearing from you. 

Regards, Andrew

The Daily Telegraph is reporting that:JENNIFER Lopez   is being sued - along with her husband Marc Anthony - by a female flight attendant who says she was attacked by their dog Floyd on a plane.

Pop and movie stunner J-Lo  took the guard dog on a private flight from New York to Los Angeles, during which it allegedly pounced on Lisa Wilson. Wilson, 40, claims she fell over and injured her back during the incident two years ago and is now unable to work. As a result she wants $5 million in damages from J-Lo who gave birth to twins earlier this year.

In order for Wilson to win this case, she will have to prove that (1) the dog was know to be dangerous and previously bite someone and (2) she suffered real injuries documented by medical records.  This is no $5Million case - that's for sure.  But, if she really injured her back and was kept out of work, there will be something coming her way from the booty shaking diva.