Types of Cases

Case Information

What is medical malpractice? Simply put, it involves substandard health care that causes harm to the patient. The "Harvard Study" and even reports prepared by the National Academy of Sciences' Institute of Medicine demonstrate that there are widespread and serious problems in the present health care system, including an estimate that patient deaths resulting from medical errors were a leading cause of death in America.

It is also clear that there are many more instances of medical malpractice than are ever recognized by patients, not to mention brought to the attention of a lawyer who represents patients. Consequently, it is important that individuals who believe that they or their loved ones have been the victims of medical malpractice should consult with attorneys experienced in handling such cases. Brown Chiari has six lawyers whose total experience in this field of litigation approaches 80 years.

The successful prosecution of medical malpractice claims begins with careful screening and investigation. Clients and witnesses must be thoroughly interviewed and medical records and materials must be meticulously examined. This often requires analysis by expert physicians and other skilled health care professionals to ensure that all important aspects of every claim are clearly understood and developed long before the case goes to trial.

At trial, it is essential that qualified and articulate expert physicians give testimony to convince the jury that the plaintiff was a victim of medical malpractice. Over the years, Brown Chiari has worked with and developed an extensive network of consulting physicians whose specialties cover a broad range of medical fields. Many cases require the testimony of more than one specialist. For example, in cases involving injuries sustained by infants at or around the time of their birth, experts in the fields of obstetrics, pediatrics, neurology, and radiology are often necessary. In any case involving substantial and lifelong injuries, experts in the fields of vocational rehabilitation, nursing, and economics are also important to present the case to a jury adequately. Brown Chiari understands the importance of investing substantial resources into the presentation of its clients' cases, which, by necessity, includes the use of all relevant medical professionals.

As a result of our many successes and our ability to devote the necessary resources to this type of case, we have earned an unparalleled reputation in the community. Well-respected lawyers from across the State of New York routinely refer clients with potential medical malpractice claims to our office for further handling.

The responsibility of representing individuals who have been the victims of medical malpractice is serious business. We recognize the significance of that responsibility and are committed to doing whatever is necessary to ensure that our clients are well represented and adequately compensated for their losses. Back to Top

Auto Accident

Because of the frequency of autmobile accidents, Brown Chiari handles a number of automobile accident cases. The main thing clients must keep in mind is that New York State is a "no fault" state. This means that regardless of who is at fault for the happening of the accident, your own insurance company - or that of your host driver - will automatically pay your medical bills, a portion of your lost wages, and other enumerated expenses. The rule is a little different for pedestrians or bicyclists: the car that struck you, again regardless of fault, will be responsible for paying your medical bills, wages, and expenses. This is often referred to as basic economic loss. This consists of up to $50,000 per injured person in benefits for the following:

a. All necessary doctor or hospital bills and other health service expenses, payable in accordance with fee schedules established or adopted by the New York State Insurance Department;

b. 80% of lost wages up to a maximum monthly payment of $2,000 for up to 3 years following the date of the accident;

c. Up to $25.00 per day for a period of 1 year from the date of the accident for other reasonable and necessary expenses the injured person may have incurred because of an injury resulting from the accident, such as the cost of hiring a housekeeper or necessary transportation expenses to and from a health service provider; and

d. A $2,000 death benefit, payable to the estate of the covered person, in addition to the $50,000 coverage available for economic loss described above.

Additional benefits may be owed to you if the policy you purchased with your insurance company included an optional basic economic loss endorsement and/or an additional personal injury protection endorsement. The lawyers at Brown Chiari can more fully explain these coverages to you.

The other key provison of the no fault statute limits your right to sue a negligent driver for non-no-fault covered damages like pain and suffering, loss of enjoyment of life, permanent injury, or wages and medical expenses above no-fault payments. The Law states that you may only recover from a negligent driver if you have sustained a "serious injury." The Law goes on to define serious injury as follows:

a. Death;

b. Dismemberment;

c. Significant disfigurement;

d. Fracture;

e. Loss of a fetus;

f. Permanent loss of a body organ, member, function, or system;

g. Permanent consequential limitation of use of a body organ or member;

h. Significant limitation of use of a body function or system;

i. A medically determined injury or impairment of a non-permanent nature that prevents the injured person from performing substantially all of the material acts that constitute such person's usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

The lawyers at Brown Chiari deal with this statute daily. Many questions arise over its application, and we continually fight for our clients to expand the benefits that you are entitled to.

Additionally, we often find that there are other sources of recovery for injuries sustained by our clients in an auto accident. For example, we look to see if there was any defect in the vehicle or roadways that caused or contributed to the accident. Defects in a vehicle can include faulty design, seatbelts, seat backs, air bags, tires, rims, or any other system. Defects in the roadway can involve improperly designed roads, improper signage, or improper traffic control devices. We have handled many of these cases over the years and can call on a team of engineering experts to assist us. We fairly investigate all aspects of the case and often see that an auto accident case overlaps with another type of case. Back to Top

Product Liability

When a defective product causes serious injury, Brown Chiari can help. Product defects and, therefore, product liability can arise out of poorly designed products, products manufactured inappropriately, or products that are sold without adequate warnings regarding their safe use.

Consumers and users of products are entitled to assume that products sold in the United States are safe when properly used.

Dangerous products or product defects are often found on automobiles, industrial machinery, household appliances, toys, agricultural equipment, and prescription drugs.

The lawyers at Brown Chiari have been handling major product liability cases for over twenty (20) years. These cases require extensive investigation and experienced lawyers because the manufacturers and retailers of these products are greatly concerned about protecting the reputation of the product in the marketplace and the profits they can derive from sale. Brown Chiari has handled product liability cases involving a broad array of defective products. Accordingly, Brown Chiari is prepared to use its years of experience to help you in the event a serious injury has occurred.

The following types of products often give rise to serious injury due to defects:

• Industrial machines - presses, rollers, cutters, conveyors, and other machinery that involves moving parts wherein operators are subject to serious injury.
• Construction equipment - tractors, forklifts, pavers, high lifts, and man lifts.
• Medicines and pharmaceutical products
• Automobiles
• Bicycles
• Motorcycles
• Tires and Tire Rims
• Asbestos

Construction Accidents

Most construction workers do not realize that New York State Law provides unique protection for those injured on construction sites, whether big or small. A trio of statutes (Labor Law 200, Labor Law 240(1), and Labor Law 241(6)) place the ultimate responsibility for work site safety on the owner of the construction job or contractor involved. These statutes allow an injured worker to recover monetary damages for any injury suffered.

The types of cases that fit within these statutes are as varied as the ways in which ordinary working people get hurt on the job: a fall from any height; a ladder or scaffold failure; a slipping or tripping hazard on the job; poorly equipped job sites; OSHA or Labor Board violations; and many more. Workers must remember that these statutory rights are in addition to the Workers' Compensation benefits that they are automatically entitled to when hurt on the job.

Workers' Compensation benefits are a result of a nearly 100 year old law in New York that prevents workers from suing their employers for on-the-job injuries. That injured worker may only file a Workers' Compensation claim against that employer. Workers' Compensation pays all of your medical bills and, usually, 2/3 of your average weekly wage. You may then - in addition - bring a lawsuit against an owner or other contractor who may be responsible to you under the Labor Law. This is often called a third-party lawsuit.

Third-party lawsuits (Labor Law 200, 240(1), or 241(6)) involve a degree of specialization that is critical to fully compensating an injured worker. We routinely call on experts in the construction technology field and physicians who treat injured workers to assist us in the proper handling of your suit. We find that construction workers face risks every day that can lead to very serious injuries. We have successfully completed cases involving fractures, paralysis, spinal injuries, and head and brain injuries that can occur in an instant but have longlasting physical and financial effects. Back to Top

Nursing Home Abuse and Neglect

At Brown Chiari, we handle more nursing home negligence cases than any other law firm in Western New York and have obtained the highest verdict in upstate New York on behalf of an injured nursing home resident ($1,500,000.00 in New York State Supreme Court on July 21, 2004).

Family members often place their trust and confidence in a nursing home to care for an elderly relative. All too often, nursing homes place their drive for profits above the needs and rights of residents. State and Federal law provides “Residence Rights,” which are typically those rights or guarantees given to nursing home residents. Most cases against nursing homes stem from the facility’s failure to provide appropriate health care and protective and supportive services. These violations often result in serious physical injury and can contribute to an undignified existence for the elderly resident. In some cases, the resident may actually suffer no physical injury at all, but because of the violations, the resident is deprived of general well-being and his or her right to a dignified existence while residing in the nursing home.

The lack of care can result in injuries such as pressure sores that appear on a resident’s skin and can lead to infection, the need for surgery, or even death. Appropriate nutrition and hydration are also essential for maintaining the health of an elderly nursing home resident. In facilities that are understaffed, there is often a lack of attention given to dietary intake. As a result, poor nutritional status is common. It is every resident's right to expect that he or she will be properly nourished and hydrated in light of the mental or physical difficulties that may prevent them from eating and drinking on their own.

Although falls sometimes happen in nursing homes, oftentimes the facility fails to perform appropriate assessments of the resident to determine the risk of falling and fails to take appropriate steps to prevent further falls. Sometimes, because of the frail condition of a nursing home resident, such falls can lead to serious injuries requiring life-threatening surgeries or can further diminish the resident’s quality of life. Other common problems are wandering, choking, and urinary tract infections.