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Calcagno & Associates

900 South Avenue, 3rd Floor
Staten Island, NY, 10314
Phone: 1-800-WE-FIGHT
             (718) 568-3585

By appointment only

Battery Place
New York, NY, 10004
Phone: (800) 933-4448

Grand Concourse Bronx, NY, 10451 Phone: (718) 933-4448

Bay Parkway Brooklyn, NY, 11214 Phone: (800) 487-6837

Archive for the ‘medical malpractice lawyers’ Category

Personal Injury Law FAQ

Monday, March 21st, 2011

Personal Injury – Frequently Asked Questions (FAQ)

A personal injury can result from many types of accidents or circumstances.  For instance a personal injury can arise out of negligence, accidents such as auto accidents, truck accidents, motorcycle accidents, train accidents, bus accidents, boat accidents, plane crashes, the list goes on and on.  Moreover, injuries or death can occur as a result of medical malpractice. If you are a victim of personal injury then you can file a personal injury lawsuit against the negligent individual responsible.   The law limits the amount of time you can do this so it is wise to take action immediately.  The law of Personal injury provides monetary compensation to help the victims of personal injury to recover from their losses.  Their losses include pain and suffering, lost wages, medical bills and loss of services with their family.

It is critical to understand that if you wish to file a personal injury lawsuit then you must consider with the right personal injury lawyer the following important issues involved in filing a personal injury lawsuit.

First, you and your personal injury lawyer must speak about the time limit within which you must file your personal injury case. This time limit is known as your Statute of Limitations. Every single U.S state has its own Statute of Limitations.

With respect to your personal injury lawsuit, if your state’s Statute of Limitations has expired then you cannot file your personal injury lawsuit.   Make sure that you and your personal injury lawyer are clear on when to file your lawsuit so that Statute of Limitations does not stand in your way.

Secondly,  if you are filing a personal injury lawsuit it is best to hire a personal injury lawyer. Most of the personal injury lawyers work on contingency basis where you are not required to pay anything before hiring a lawyer. Your personal injury lawyer will only receive a percentage of the amount from the final settlement or verdict amount the personal injury case is won.

Most of the defendant’s hire aggressive defense lawyers who work for the best interest of their clients. Therefore, it is best to consult a personal injury lawyer. Your injury lawyer will help you steer clear of any complications arising out of your personal injury lawsuit. A personal injury lawyer will help you receive justice and compensation you deserve.

If you or a loved one has suffered personal injury in an accident or because of the medical malpractice of a doctor or hospital call the Personal Injury Lawyer for a free consultation at 1(800)WE-FIGHT.  The insurance companies have lawyers working hard for them and so should you.  There is no fee unless we win your case.

Medical Malpractice Information Links to Finding Immediate Legal Assistance

Monday, March 21st, 2011

Find a Lawyer Immediately

There are many Medical Malpractice Information Portals to Finding Immediate Legal Assistance.  The one you choose is critical.

Legal resources on the Internet are abundant but finding a lawyer that truly practices in the niche area of medical malpractice under the personal injury law umbrella is not that easy.  Victims of medical malpractice injuries need an informational site, service and law firm that can provide the most up-to-date news, the latest on medical malpractice as well as how to obtain a medical malpractice attorney, should the need arise for a medical malpractice lawsuit to be developed.

It is estimated by some sources that medical malpractice and negligence is linked to over 200,000 fatalities among Americans each year as well as millions of additional injuries. The cause of medical malpractice and negligence ranges depending on an individual and their specific medical malpractice case, but some of the most frequent medical malpractice cases have involved a shortage of qualified medical professionals in nursing homes or hospitals, a physician’s misdiagnosis of a patient as well as the physical or psychological harm caused by an error or negligence of a medical professional who has compromised the safety of their patient. Another very common condition that can often be attributed to a physician’s negligence or medical malpractice is that of the devastating condition of cerebral palsy among a new born child.

Cerebral palsy is a neurological disorder which can affect movement and muscle coordination. Cerebral palsy can be caused by complications during birth, many of which can be avoided if proper medical procedures are followed.  Unfortunately, cases involving and resulting in Cerebral palsy in infants during the birthing process is more common than we would like.

Individuals and their families who have endured the pain and suffering from medical malpractice and negligence are encouraged to consult a medical malpractice law firm that can locate an experienced and qualified medical malpractice lawyer. Such a legal professional will likely be able to offer a free legal consultation on an individual’s potential malpractice case.

There are many definitions of medical malpractice.  Basically, medical malpractice is defined as “the failure of a physician, hospital or employee of a hospital, in rendering services, to use the reasonable care, skill or knowledge ordinarily used under similar circumstances.” Medical malpractice and negligence remain similarly defined within each state, but are commonly left up to each hospital or health care provider to regulate and monitor internally. A recent news report regarding Medical Malpractice found that there are many defects regarding the current system of reporting and recording medical malpractice, which is why it is extremely important for an individual who has suffered from a medical malpractice-induced injury to contact a knowledgeable medical malpractice lawyer to receive insightful information as to how to adequately develop a case in which monetary compensation may be awarded for the pain endured by a medical malpractice victim or their family and friends.

If you or a loved one has been a victim of any type of malpractice or Medical Malpractice, not just Cerebral Palsy, please call the Medical Malpractice Lawyer for a free consultation at 1(800)WE-FIGHT.  Speak to an aggressive Medical Malpractice Lawyer for free.  We have convenient locations and can even have a Medical Malpractice Lawyer come to your home or hospital.  There is no fee to us unless we win your case.  Do not delay, contact us today.  I look forward to fighting hard for your rights.

Erbs Palsy Attorney

Monday, August 30th, 2010

The right Erbs Palsy Attorney makes all the difference.  When choosing a lawyer for your Erbs Palsy Medical Malpractice case you should consider two important factors: 1) the lawyers experience in the area of law (in this case Erbs Palsy cases) and 2) the lawyer’s familiarity with the local courts.

As you are probably aware, Erbs Palsy is a condition that results from injury to the brachial plexus nerves of a child often from medical malpractice at child birth.  Shoulder dystocia is a byproduct of this devastating injury.  A lawyer well versed in this area of law and with these types of cases is invaluable.

If you or anyone you know has a child suffering from birth injuries, birth defects, Erbs Palsy or any type of palsy from medical malpractice that you think may have happen at child birth call the Erbs Palsy Attorney, Pasquale Calcagno, Esq., at 1(800)WE-FIGHT and visit us on the web at   We have convenient locations all over New York and can even have an attorney come to you for free consultation.

Free Legal Consultation for Erbs Palsy Case – 1(800)WE-FIGHT.

Visit us at

Erbs Palsy Attorney Bronx

Sunday, August 22nd, 2010

Is your child suffering from a birth injury such as Erbs Palsy from the mistake of a doctor or hospital during childbirth? If so, you are not alone. Call the Bronx Erbs Palsy Attorney at 1(800)WE-FIGHT for a free consultation. You may be entitled to substantial compensation and benefits.

Do not delay.  The law limits the amount of time you have to file an on behalf of you and your child.  The devastating result of a medical malpractice claim of Erbs Palsy has deleterious effects on your child and your family from an emotional, physical, financial, medical and legal standpoint.

Our lawfirm will fight hard against the big insurance companies to get you and your family the money you deserve for your Erbs Palsy case.  The medical treatment your child will need over his or her life may cost you millions of dollars and insurance may not cover most of the treatment.  That is why it is important to retain an attorney with experience in Erbs Palsy claims

Call the Erbs Palsy Lawyer, Pasquale Calcagno, Esq., with convenient office locations in the Bronx, Manhattan, Brooklyn and Staten Island  at 1(800)WE-FIGHT for a free, confidential consultation. You can also visit us at for helpful Erbs Palsy information.

Erbs Palsy Causes

Monday, July 12th, 2010

What Causes Erbs Palsy?

The most common cause of Erbs palsy is dystocia, from a problematic childbirth.

When a difficult birth takes place, it can cause the infant’s head and neck to be negligently and recklessly pulled toward the side at the same time as the shoulders pass through the birth canal. Erbs Palsy can also be caused by negligent pulling by the doctor or medical professional on the shoulders during a delivery in which the fetus is head first, or by pressure on the raised arms during a feet first delivery known as a breech delivery. 

Erbs Palsy injuries involve the nerves known as suprascapular nerve, musculocutaneous nerve, and the axillary nerve.


The signs and results of Erb’s Palsy are devastating to the child and the child’s family.  Signs such as paralysis, lack of sensation in the arm and atrophy and paralysis  in the arm and deltoid, biceps, and brachialis muscles.  Typically, you will notice the arm hanging by its side unable to be raised.  The ability to operate the elbow and forearm is also lost.

The results of an Erbs Palsy condition are catastrophic from an emotional, financial and medical standpoint.  The level of the injury is dependent, of course, on the degree of nerve damage and what medical treatment is received and how quickly it is received upon discovery of Erbs Palsy.

Help is available and new Erbs Palsy treatments are becoming available and being worked on as we speak.  The first step is to contact the right team of legal, medical and financial professionals to consult with.

If you believe your child is suffering from Erbs Palsy you may be entitled to compensation. Call an aggressive Erbs Palsy Lawyer today for a free consultation at 1(800)WE-FIGHT.  We pride ourselves in fighting hard for our clients rights and provide the personalized, caring attention requried for your Erbs Palsy injury case.  Time is of the essence.  Do not delay, call or email us today.

Erbs Palsy

Sunday, July 11th, 2010

Erbs palsy also known as (Erb-Duchenne Palsy) is a paralysis of the arm due to injury to the arm’s main nerves.  These nerves form part of the brachial plexus, comprising the spinal nerves at C5-C8, and T1.  These injuries arise most commonly from shoulder dystocia during complications at birth.   Depending on the extent of the damage, the paralysis can either resolve on its own over a period of months, necessitate rehab and therapy, or require surgery.

There are several types of Erbs Palsy.  The cause of your child’s condition is critical in determining whether you are entitled to compensation.  There are many new treatments available for helping your family.

If you child is suffering from any type of Erbs Palsy birth injury and you believe it may be as a result of medical malpractice call an Erbs Palsy lawyer today for a free consultation at 1(800)WE-FIGHT.  You can also visit us on the web at .

We have convenient locations all over New York and can even have an attorney come to you upon request.  No fee unless we win your case.

Tecia Harrison, Daughter of Esmin Green, plans to sue Kings County Hospital for 25 million dollars

Tuesday, July 8th, 2008

As all of the world knows by now, was in the waiting room of Kings County Hospital and collapsed on the floor.  She was left for more than an hour to die a miserable death by the hospital staffers who callously saw her and did nothing.  To make matters worse, the hospital employees allegedly falsified the medical records indicating she was walking around and conscious while she was in fact on the floor as the video shows. 

Please be warned that what you about to see is disturbing but if you wish to see this video connect to the following link

Fellow members of Esmin Green’s church called her “sister” Green.  She was a beloved woman who loved children.  She had been struggling emotionally since losing her job and went to Kings County Hospital for help.

Esmin is survived by six children who live in Jamaica.  She was sending money back to them before she lost her job.  Her eldest daughter, 31 year old Tecia Harrison, told authorities that she “cannot bear to think of her mother’s last moments.”  She continued to say about the video that “I haven’t seen it and I don’t think I have the heart or mind to watch it because that’s my mother there.”  Tecia is truly a brave person to proceed forward and speak about this and I hope she chooses the right attorney to prosecute the civil claim for her mom.  Tecia’s further comments on the video were “that’s the woman who gave birth to me 31 years ago, I cannot watch that.”  It is reported that Tecia will

One of the issues  Tecia and her family will want to consider is the emotional impact this type of case will have on her and the family.  She needs a lawyer that will be sensitive to that but at the same time be aggressive and make certain that the city pays by way of compensation to the family and by way of prevention so that this does not happen to anyone ever again.

Wrongful death actions against the city are full of procedures that are not normally part of a “non-city” case.  Additionally, you are dealing with issues of the estate and medical malpractice claims.  One of the preliminary elements that have to be satisfied is your Notice of Claim to the city.

The Notice of Claim is a document that gets served on the city via the applicable agency, in this case the New York Health and Hospital Corp.  An or estate has 90 days to file the Notice of Claim.  This simply puts the city on notice that there is a claim.  From the date of the incident you have one year and ninety days to file the summons and complaint.  The summons and complaint is the official document filed with the Court setting forth the injured party or, in this instance, the estate’s allegations of fault against the defendants.

Shortly after you file the Notice of Claim the city will contact the plaintiff’s attorney and a 50h hearing will be scheduled.  This hearing is the city’s opportunity to obtain information via the injured party’s testimony.  In this instance the city may forego a 50h, although unlikely, and not waste time speaking to the executrix of the estate who is likely to be the .

Other considerations in the wrongful death action from a medical malpractice standpoint is having an expert review the medical records to sign off that a case is allowed to proceed from a malpractice standpoint.  If the video scene all over the news is what it seems to be that will be an easy part of the litigation process.  This case seems to be one of the most egregious cases ever to hit the public forum and one that finally gives a perfect example and brings to light the ease in which hospital personnel can, and in this case allegedly do, falsify medical records to prevent cases from . 

I firmly believe that the employees of Kings County Hospital who were complicit in turning a blind eye and allegedly falsifying Esmin Green’s medical records will be judged very harshly in God’s eyes.  Thankfully the video came to light and was released because the city and those employees can also be judged harshly in this life as well.  My prayers and love goes out to Esmin Green and her family, Tecia Harrison and her five other children.  Esmin Green’s death will not go in vein.  Instead it will be a wake up call to all those in the healthcare crisis present at Kings County Hospital and perhaps make the whole healthcare system retool its procedures to allow beautiful people like Esmin receive the care that they deserve, that every human being deserves.  I believe that the to make that change.

If you or anyone you know was injured or has a family member who was the victim of a claim similar to the Esmin Green claim please feel free to call the aggressive, caring lawyers at 1(800)WE-FIGHT and ask for the author of this article 24 hours a day, 7 days a week.  We will send a lawyer to you, in the comfort of your own home, to speak about your case for free, no obligation.  Choosing the right attorney makes all the difference in the world, make sure you meet with more than one before making your decision.  Good luck to you and God bless you.

Ignored by 911, woman dies in hospital waiting room of Martin Luther King Jr., Harbor Hospital, Los Angelos California

Sunday, July 6th, 2008

Edith Isabel Rodriguez, 43, layed bleeding on a waiting room floor in for more than 45 minutes and was left to die because the hospital simply ignored her and her boyfriend’s cries for help and failed to treat her

To see the shocking video footage of Edith Rodriguez’ wrongful death please visit

Ms. Rodriguez’ boyfriend, Jose Prado, even contacted 911 in the emergency waiting room of the hospital but they refused to call paramedics or transfer her to another health care facility.

Ms. Rodriguez died of a perforated bowel and experts say that she would have survived if she had been treated early enough.  It is reported that she died while the police were taking her out of the hospital not to transfer her to give her care but because they were arresting her for an allege parole violation.

This egregious patient care mishap and wrongful death is a very serious crisis.  The city hospital’s failure to treat urgent medical emergencies is an ongoing calamity that seems to have no end in sight.  Edith Rodriguez’ family and friends are seeking $45 million dollars, (one million dollars for every minute she was left on the floor), for this egregious failure of the hospital to treat her citing negligence, medical malpractice and wrongful death.

The health care crisis is one that needs a group of dedicated legal soldiers, if you will, that are going to be the champions of patients rights.  A take no prisoners stategy is the only way to enforce justice not only for Edith Rodriguez but all of the future patients that will fall due to neglectful, reckless incompetence of city run hospitals such as this.

Birth Injury Articles, Causes, Lawyers, Attorneys, Cases, Awards – 1(800)WE-FIGHT for a free consultation

Thursday, February 14th, 2008

There is nothing more natural and amazing as a woman giving birth.  However, every year doctors cause countless mistakes during pregnancy, the birthing process and labor resulting in egregious and catastrophic injuries to new borns and their mothers.  , especially ”baby brain damage” cases as they are callously referred to are very complex.  As such, if anyone believes their child has been victimized by a doctor they should immediately consult with competent legal counsel experienced in these types of complex cases.

The following article describes the complexities lawyers experienced in these cases are required to navigate through to fight and win on behalf of their clients.

01/31 – National Legal News

A mother and father from Honolulu filed a medical malpractice lawsuit against Tripler Army Medical Center earlier this month for actions that they claim resulted in their daughter’s bilateral cerebral palsy.

Bilateral cerebral palsy is a heartbreaking and very debilitation result to a doctors mistake.  It typically involves countless years of struggle for both the family and the child victimized both physically, emotionally and economically.

David and Celia McCraw allege that while Celia was in labor with their daughter, Kayla, a fetal heart monitor revealed that the child began to experience severe heart rate decelerations. The parents claim in their lawsuit that these symptoms indicated that Kayla was suffering from a severe lack of oxygen, and that a Caesarian section birth should have been performed.

It always blows my mind how a doctor, in this day and age, would not simply perform a Caesarian section birth at the first sign of heart rate abnormalities.

Celia McCraw stayed in labor a total of 10 hours before giving birth, at which point it was discovered that Kayla’s umbilical cord was wrapped tightly around her neck, the McCraws allege. In an effort to resuscitate Kayla, a breathing tube was placed down her throat; however, the lawsuit alleges that the tube was placed into Kayla’s esophagus instead of her trachea. It was roughly 30 minutes before the mistake was discovered.

Complacency is the plague of our society.  There should never be a time when a doctor should put his or her guard down during a delivery or during a woman’s pregnancy for that matter.

The McCraws are suing for unspecified damages. Kayla suffers from bilateral cerebral palsy and requires physical, occupational, and speech therapy.

My heart goes out to the McCraws.  There is nothing that we can do to reverse the heartache they have undergone.  But what lawyers can do is make our clients lives easier by vigorously litigating birthing injury cases like this.  The monetary compensation they receive will pay for the exorbitant life time expenses they will incur in medical costs and care for their child who has been victimized by this horrific medical malpractice.

Tripler Army Medical Center has not commented on the lawsuit.

If you or anyone you know has a child suffering from cerebral palsy, bilateral cerebral palsy, erbs palsy or any type of palsy please contact the aggressive, caring lawyers at 1(800)WE-FIGHT for a free consultation or email us for a free confidential consultation right away.  Do not delay, the law limits the amount of time you have to file a claim.  Please feel free to visit the resources of our website if you have questions on what cerebral palsy, erbs palsy or any type of palsy is or what causes cerebral or erbs palsy.

Medical Malpractice: Tort Reform, Surcharge – Call a lawyer at 1(800)WE-FIGHT

Saturday, January 5th, 2008

Is this immunity legislation for doctors a real threat?

The headline in the Sun reads: .

The scary headline comes from an interview with Superintendent Eric Dinallo, who is running a task force to address the insurance “crisis” that hit when New York jumped its medical malpractice premiums 14% this year. The reasons for the jump are an issue I addressed earlier, and are a function of state mis-management during the George Pataki years (see: .) Among the many reasons were artificially low rates (set by the state) and Governor Pataki taking (with legislative approval) about $700 million from a malpractice rainy day fund to help balance the state budget.

The screaming headline in the paper (front page, above the fold) it should be noted, had nothing whatsoever to do with rising malpractice claims or payouts. Those have remained stable for many years. No, the reason for the headline is the state-created shortfall, and the ways they are trying to fix the system they broke.

One method of trying to “fix” the system, of course, is to break it further by trying to blame lawsuits for the problem. We see these types of complaints all the time. If only the health care workers would be given some form of immunity for negligence, it is argued, all would be well with our health care system. Because, as everyone knows, nothing forces a person to act responsibly better than grants of various forms of immunity or protection.

Public Citizen recently on the faux crisis. It is a devastating indictment of the state’s mismanagement and puts to bed the phony claims that problems are related to lawyers and lawsuits. It also points the finger where it belongs and makes its own suggestions on how to remedy the problems.

Some more facts from the Public Citizen report:

  • There have been fewer medical malpractice payments in the past five years than in any five-year period on record;
  • Amounts paid out, when adjusted for inflation and population, have either risen slightly in the past five years or declined slightly, depending on the measure used;
  • Only about 1 percent of New York’s doctors are enrolled in the state’s program for physicians deemed too risky by commercial insurance providers. Yet these doctors’ payments have been so massive that they and other losses have drowned the program in more than $500 million in red ink this decade;
  • A sliver of doctors are responsible for nearly half of the dollars paid out for medical
    malpractice in New York. Physicians who made three or more malpractice payments
    between 1990 and 2006 — accounting for no more than 4 percent of New York’s
    doctors — were responsible for nearly half (49.6 percent) of medical malpractice
    dollars paid out on behalf of doctors in the time period.
  • Costs for cases involving brain damage, blamed by some for rising insurance rates,
    are in fact modest in comparison with other types of cases. The category for injuries
    including brain damage ranks 5th of 10 in total amounts paid out. This fact exposes
    the lunacy of the radical proposal to deprive newborn babies of their legal rights and
    cede their care to a state-run fund.
  • Researchers have found that premiums consistently make up only a small percentage
    of doctors’ total expenses and that rising premiums have not, historically, depressed
    physicians’ incomes.

The state’s Department of Health’s Office of Professional Medical Conduct has been notoriously lax when it comes to doctor discipline. Just last month it was revealed that it waited three years to alert the public that a doctor was using dirty siringes of multi dose vials thereby contaminating the vials and exposing hundreds of people to infections. According to the Public Citizen study, New York’s comptroller found that the Office of Professional Medical Conduct failed to investigate about 175 doctors for whom investigations should have been triggered based on the agency’s existing criteria.

Frankly, if we have an insurance crisis because the state took $700 million to balance the budget in tough years, and we have a small percentage of doctors responsible for so much of the damage, then it is a no-brainer on how to equitably fix the problem. It isn’t by a $50K surcharge on doctors, a scare tactic if ever I saw one. And it isn’t be restricting access to the courts for those that have been injured by negligence.

It’s by doing two basic things: Taking the money back from the general fund where it had disappeared to and investigating the few bad doctors that do so much of the damage and putting them out of business. It means a responsible government engaging in good health policy by policing the medical force and using sound budgetary policy instead of shell games.

Fault here lies not with the vast majority of doctors, nor with the patients that were injured or their representatives. It lies with former governor and the legislature. The problems have been identified and the proper solutions offered. The state should do the right thing and fix the problem appropriately, without injuring those that are most involved.

If you have been injured by medical malpractice contact the aggressive, caring lawyers at 1(800)WE-FIGHT today.

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