Medical Malpractice and Personal Injury
Medical malpractice is defined as an accident, or the act of omission or commission, which constitutes negligence by a doctor, hospital or health care provider resulting in injury or death to a patient. In order to prevail, a plaintiff must prove two things: that the negligence constituted a departure from good and accepted standards of care, and that the injury or death would not have otherwise occurred. Usually, such negligence includes the failure to make an accurate or timely diagnosis, failing to prescribe the correct medication, performing improper or contraindicated surgery, failing to properly monitor a mother's labor, and in generally rendering improper treatment. With over twenty years of experience representing plaintiffs in these types of cases, Mr. Taback has achieved numerous successful results on behalf of clients.
Examples include the following types of cases, with which the law firm of David L. Taback, P.C. has over thirty years of experience:
- Failure to timely diagnose cancerous conditions, resulting in metastasis and death.
- Failure to diagnose potentially catastrophic diseases such as aneurysms or clots, resulting in death, surgeries or permanent disabilities.
- Severe neurological damage to newborn infants caused by oxygen deprivation during or shortly before delivery and other forms of improper management of a mother's labor and delivery.
- Unskillfully performed or unnecessary surgical procedures.
These cases typically involve serious injury and/or death of a worker on the job site, either due to the negligence of a third party, or the strict liability imposed due to the inherent risk of danger the job entails. Such risks include, but are not limited to, falls from a scaffold, unsafe workplaces or conditions, and/or defective beams, elevators, excavation, demolition, and all other activities in which workers are protected under the Labor Law of the State of New York.
The Labor Law, the New York State Industrial Code and the New York City Administrative Code all imposes a non-delegable duty on owners, managers and general contractors to provide a safe workplace, and enact specific rules designed to protect employees from harm. Statutes contain detailed requirements that must be upheld in order to safeguard workers engaging in inherently dangerous activities.
Clients can rest assured to know that this firm has a long-standing history of successfully prosecuting these cases on behalf of injured workers, obtaining significant monetary recoveries on their behalf. Examples of the types of cases that this firm has a breadth of experience in handling include:
- Laborers killed in construction accidents
- Workers who have fallen from scaffolds, sustaining death, paraplegia, and other injuries requiring significant and substantial medical care and treatment
- Workers who have been injured due to unsafe and hazardous conditions in the workplace
Lead Paint Exposure
To impose liability on a landlord for a lead-based paint condition, a plaintiff must establish that the landlord had actual or constructive notice of the condition for such a period of time that, in the exercise of reasonable care, it should have been remedied. In multiple dwellings located in the City of New York, constructive notice of a hazardous condition is presumed where the landlord has notice that a child under the age of six resides in the unit. Even in non-multiple dwelling situations, a landlord is liable when certain requirements are met, including knowledge that a young child lives in the building and when the premises contain peeling and chipping paint. Additionally, failure to undertake proper lead paint abatement can result in further negligence in causing and creating a dangerous condition, such a lead paint dust in the apartment.
Lead poisoning can occur even under the actionable level of 20 ug/dl in the bloodstream, and medical evidence suggests neurological damage, including loss of IQ points, as well as adverse behavioral changes, attention deficits and language disorders resulting from low blood lead levels. These cognitive and behavioral deficits and delays can result in permanent damage to your child.
This firm has many years of experience handling claims on behalf of lead-poisoned children and their parents, and will work tirelessly to ensure a favorable settlement or verdict on your behalf. These efforts include working carefully with our own structured settlement brokers to maximize the value of any recovery, ensuring the ultimate benefit with the least amount of risk and taxable income.
General Negligence (Slip/Fall, Premises Liability)
General negligence represents the failure to use ordinary and reasonable care. It may be doing something that a reasonable person would not do, or in failing to do something that a reasonable person would do under similar circumstances. Additionally, negligence can result from the creation of a dangerous condition. Actionable negligence often flows from these general situations.
The law firm of David L. Taback, P.C. has handled all types of premises liability cases causing death and/or serious personal injury resulting from defective or deficient ownership, maintenance, and supervision of premises. Further examples include slip and falls, skiing accidents, and workplace related incidents, as well as medical malpractice.
Recent examples of actionable general negligence in which this firm has obtained significant monetary settlements for clients include the following cases:
- Women who have been sexually assaulted due to the negligent maintenances of apartment complexes and office buildings
- Patients who have been sexually assaulted during confinement in hospital settings
- Clients who have been injured walking on defective and damaged roads and sidewalks, and when there has been failure to warn of a hazardous condition
This firm handles all types of automobile accidents causing serious personal injury, death and/or property damage resulting from the negligence of other drivers, road users or stationary objects. Additionally, automobile accidents resulting from a defective road condition or fixtures on or near the road are also matters in which this firm has extensive experience.
Each year thousands of people are injured in different types of automobile accidents, such as two-car collisions or bicyclists or pedestrians struck by automobiles or buses. Drivers are charged with the responsibility of using reasonable care to avoid accidents, including driving at reasonable rates of speed taking into account all existing dangers. This firm's practice includes representation of plaintiffs who have sustained severe and permanent injuries, often including property damage, from the following types of automobile matters:
- Two or more car collisions involving drivers who have disregarded reasonable rates of speed, road regulations, existing dangers, and other mandates of the New York State Vehicle and Traffic Law
- Pedestrians and bicyclists who have been struck by automobiles and private and New York City buses
- Drivers who have been rear-ended while driving and stopped in traffic
This firm's services are not limited to the prosecution of cases at the trial level exclusively. Mr. Taback is admitted to practice in both the First and Second Departments of the Appellate Division of the State of New York, as well as the Eastern and Southern District of New York and the Second Circuit of the Court of Appeals. We have on repeated and several occasions briefed complex issues for benefit of appellate review, and have argued these appeals in front of the appellate justices throughout the state. As such, any prospective client may rest assured that their case will be competently and expertly handled from intake to conclusion, and if necessary, throughout the appellate process.
Civil Rights and Police Brutality
The law firm of David L. Taback, P.C. is experienced in handling a wide range of civil rights cases involving wrongful arrests, convictions and imprisonment, false arrests and imprisonment and unlawful searches. Over the years, we have represented numerous clients who have been incarcerated under circumstances that have been determined to be illegal and unjustified by the underlying testimony and evidence, much of which has been false, fabricated or inadequately investigated by the police.
Significant monetary recoveries have been obtained for victims of this type of official misconduct, which must continue to be deterred on behalf of citizens everywhere.
Past results are not a guarantee of future performance. All verdicts, judgments and orders may be subject to appellate review.