TOP NEW YORK MEDICAL MALPRACTICE ATTORNEYRECOMMENDS CANCER PATIENTS TAKE PRECAUTIONARY

STEPS BEFORE UNDERGOING RADIATION THERAPY

            NEW YORK, NY, PR WEB, March. 7, 2010 – More than half of all people with cancer undergo some form of radiation therapy.  And while treatment errors are rare — occurring in only about 50-to-100 times per million courses of treatment — one New York medical malpractice attorney urges patients to talk with their doctor about the benefits and risks of radiation therapy before beginning treatment. 

            “As is the case with any medical procedure,” advises Richard Gurfein, senior partner of Gurfein Douglas, a New York personal injury and medical malpractice law firm, “a patient should make themselves knowledgeable in the area in which they are about to undergo treatment.”

            While serious radiation injuries are still infrequent, Gurfein said every patient should discuss the details of the treatment plan with their radiation oncologist and learn as much as they can about the quality assurance checks and balances at the clinic, or hospital, where they are being treated.

            “Even one error is too many,” he said.  “A machine designed to deliver high-powered beams of radiation to specific parts of a patient’s body requires years of education, experience and skill to operate properly to prevent an overdose and other severe radiation-related injuries.”

            Further, Gurfein recommends that once the treatment begins, patients should stay actively involved in their therapy — which is administered 5-to-7 times per week for multiple weeks — to be sure that doctors, therapists and nurses are conducting regular quality assurance checks to be sure the patient is getting the right treatment.

            There are a number of steps, Gurfein explained, that have to take place before radiation therapy for cancer is started.  First, a filter must be designed for each individual patient to ensure that radiation prescribed in the treatment plan will indeed hit the intended targets, and block unwanted radiation from reaching other, healthy parts of the patient’s body.”

            In New Jersey recently, The New York Times reported that 36 cancer patients at a veterans hospital in East Orange were overradiated, and 20 more received substandard treatment.   According to the report, a medical team that lacked experience in using a new complex, computer-controlled machine that the hospital had just purchased caused the errors.

            “The risk of operator error increases,” Gurfein said, “as technology becomes more sophisticated.”

            While New York State licenses medical physicists to administer radiation, Gurfein said the state does not mandate periodic re-examination. 

            “Once licensed,” Gurfein said, “a medical physicist need only submit the appropriate fee to renew his or her license.  In a field with rapidly changing technologies, I believe the state should require re-examination every five years to maintain the highest level of knowledgeable practitioners.

            “There is growing realization among those who work with this technology,” he added, “that some safety procedures are outdated, and that medical societies have been unable to keep up with the rapid pace of technical improvements.”

            Gurfein recounted a medical malpractice case he handled recently involving a teenage girl with Hodgkin’s disease who suffered a devastating injury as a result of misdirected radiation.

            “Her oncologist,” Gurfein explained, “designed a filter to block radiation from reaching her young ovaries.  But the technician who built the filter carelessly omitted the blocks.  It wasn’t until ninety percent of the therapy had been administered that her doctors discovered the omission.  By then her ovaries were destroyed.”

            Gurfein noted that in his almost 40 years in practice as a New York medical malpractice lawyer, approximately 50% of all medical malpractice claims are caused by less then 5% of all doctors.

            For this reason, Gurfein cautions, patients should always check their doctor’s references.  One good source of information is the New York State Department of Health website, which can be found by entering the following web address: www.health.state.ny.us/professionals/doctors/conduct .  Patients should also “Google” their doctor’s name and see what comes up.  And, of course, the most obvious step is to ask family, friends and neighbors for a referral.           

            “Although not all doctors who are negligent do so over and over again,” he said.  “It is statistically probable that where there’s smoke, there’s fire.”

A man serving eight years for vehicular homicide because of a fatal crash involving his 1996 Toyota Camry is hoping for exoneration amid concerns over unintended acceleration in some of Toyota’s vehicles.  Koua Fong Lee has always maintained his innocence in the 2006 crash.

Lee told investigators that he pumped the brakes as he exited I-94 in St. Paul, Minnesota, and approached an intersection.  But Ramsey County prosecutors claimed Lee had his foot on the gas as he approached cars waiting at a red light.

The car was moving at between 70 and 90 mph when it struck two other vehicles. Javis Adams, 33, and his 10-year-old son, Javis Adams Jr., were killed instantly. Another passenger, 6-year-old Devyn Bolton, was left paraplegic. She testified in a wheelchair at Lee’s trial and later died from her injuries.

Two mechanical engineers examined the car before trial on behalf of the state and the defense.  Both concluded the brakes were operating and there were no problems with the acceleration.  Although the throttle was found set open at 15 percent, which is unusual, the abnormality was attributed at the time to damage from the crash.

Bottom line, two experts — one for each side — said there was nothing wrong with the car.

A jury convicted Lee of criminal vehicular homicide and he was sentenced to eight years in prison. But he continues to maintain his innocence.

This situation should serve as a warning to anyone involved in an accident where technical judgment calls can make the difference between exoneration or years behind bars for the defendant.  In these situations, you best be sure your lawyer has the training and experience to understand the critical technical details of the case, and then be able to explain them to a jury.

         NEW YORK, NY (Dec. 11) — With only 14 shopping days left before Christmas and 10 days to the start of Chanukah, the rush to buy and wrap toys for the tots in your life isn’t an excuse to put dangerous products into your child’s hands at holiday time.

         Nor is saving money, while a good idea, especially in this economy, a reason for parents to get careless and overlook the importance of safe toys for kids.

         “Take a moment and look online for customer reviews, product recalls, and any news about the manufacturer,” recommends Richard Gurfein, a New York personal injury lawyer and managing partner of Gurfein Douglas, a prominent New York personal injury law firm. 

         As a father and grandfather himself, Gurfein says some of the most common accidents to children can be prevented if parents follow these 4 simple steps:

Step 1

BUY AMERICAN. It’s a good way to make sure toys meet safety standards set forth by the federal government.

Step 2

VISIT HEALTHYTOYS.ORG. HealthyToys performs independent safety tests and chemical analysis of common toys to determine their true levels of toxic materials, like lead. Healthy Toys also provides a list of the best and worst tested toys, reviews of independently tested products, and will even test specific toys upon request.

Step 3

CHECK FOR RECALLS.  Look online for recalls and customer reviews before buying a child a toy.  Look for reviews of the manufacturer and for possible recalls of other toys they have produced.

4Step 4

SHOP ONLINE. Shopping online gives parents an opportunity to research as they shop.  There are often a wider variety of healthy toys online than can be found in a department store.

         Gurfein suggests that parents might also want to check out two additional websites that provide child product safety information: The U.S. Public Interest Research Group www.uspirg.org; and World Against Toys Causing Harm, or W.A.T.C.H www.toysafety.org.

         Recently the CPSC announced a voluntary recall of “Hello Kitty” a zip up hoodie sweatshirt distributed by NTD Apparel in Los Angeles but made in China, because the drawstring through the hood poses a strangulation hazard to children.  “Molly” and “Betsy” style wooden cribs manufactured by LaJobi, Inc. of Cranbury, NJ made headlines lately and were recalled after reports of the death of a one-year-old girl whose head and neck became entrapped in the headboard cut-out.

                  Further, Gurfein said, everything from toys to children’s furniture to cribs and even clothing can contain toxic levels of lead.        

         “If lead is ingested by a young child,” Gurfein explained, “it can cause a brain injury that can lead to significant learning disabilities and impede the progress of normal intellectual development.”

         Gurfein advises that if a child is injured by a toy, parents should seek medical attention immediately.  He also advises parents to notify the U.S. Consumer Product Safety Commission and report the toy they found to be dangerous.

         “After the child has received proper medical attention,” Gurfein said, “parents should consult with a personal injury lawyer who has experience handling products liability cases.

         “If the child’s injury is caused by a dangerous product,” he added, “it could result in an action against the manufacturer and anyone else who participated in putting the product into the ‘stream of commerce.  What’s more, when a middleman gets involved with the product, like for example a retailer who explains a product’s use, they become liable to the injured parties as well.”

         Gurfein cautions parents never to buy toys for very young children with parts small enough to fit through the cardboard tube on toilet paper role.  He warns that these toys are not safe for children under 3, or for any child who still puts things in their mouths.  “Even latex balloons can present a choking hazard for small children.  Mylar balloons are safer,” he said.

         “Children under 6 years of age do not always play with toys in a safe manner,” he explained.  “Toys with sharp edges or pointed tips should be avoided.  And, toys that run on batteries should be inspected to make sure that battery terminals don’t come loose and rub against each other.  If the two terminals do come in contact, they can cause the battery, and the toy, to overheat and burn an unsuspecting child.”

NEW YORK MEDICAL MALPRACTICE LAWYER WARNS SCHOOL NURSES TO BEWARE OF LEGAL CONSEQUENCES FOR VACCINATING STUDENTS  WITHOUT PARENTAL CONSENT

NEW YORK, NY, PR WEB (Nov. 23) – The legal terms “assault” and “battery” pop up in city tabloids and cops and robbers TV programs all the time.  But lately these familiar phrases could just as easily apply to the actions of some New York City elementary schools, and their school nurses, in the wake of the current swine flu pandemic sweeping the country, according to Richard Gurfein, a New York medical malpractice attorney and senior partner in the New York personal injury law firm of Gurfein Douglas, LLP.

            “Despite claims,” Gurfein said, “by city health officials stressing the safety of the H1N1 vaccine, and the rapidly growing spread of the disease in city schools (hospitalizations for H1N1 have tripled in New York State in the past three weeks) the law requires parental consent before a school is permitted to give the swine flu vaccine to a student.”

            According to recent media reports, school nurses mistakenly gave the swine flu vaccine to two students whose parents didn’t sign up for it, including a Brooklyn girl with epilepsy who wound up in the hospital after getting the shot.

            “Any unlawful touching,” Gurfein explained, “or unauthorized administration of medical care not in an emergency situation is a battery, a legal term for an assault.  A school district cannot unilaterally administer vaccinations without parental consent, in writing.”

  Gurfein explained that on the issue of liability, it wouldn’t matter if the child got sick or not from the vaccination.

            “If there is a battery,” Gurfein said (medicine given to a child without an emergency situation, or parental consent), “by law the child is entitled to compensatory damages.

            “The measure of damages is another issue,” he added.  “If there was no ill effect from the vaccination, the damages would be relatively small.  If the child became ill, the amount of the damages would go up considerably.  Sadly, if the child dies, that wrongful death case would have almost no value because of existing arcane laws in New York State that place little monetary value on the life of a child.”

            Gurfein said there are exceptions as to when schools are allowed to intervene.  For example, in the event of an emergency, schools would be able to render medical care to the student since they are acting “in loco parentis” while a child is in their care.

            “But no court,” he said, “would ever accept the argument that vaccination without consent is an emergency, since the simple alternative is to refuse the child access to the school if parents don’t comply with the school’s wishes regarding vaccination.”

Vaccinating a child without parental consent, Gurfein explained, is a tort that has a one-year statute of limitations.  But because the school is part of the City, a parent only has 90 days from the time of the battery to file a Notice of Claim.  He said, ninety days does not mean three months.  It means ninety days.

            “Since a battery falls under the category of an ‘intentional tort’, “Gurfein explained, “it also cannot be insured against by the school, or the school nurse.  In these situations, the nurse who gave the child the shot, and the school district as her employer – assuming the nurse was acting within the course and scope of his or her employment – would have to pay any judgment.”

            Gurfein advises parents to remember that municipalities and their school districts are heavily protected against lawsuits.  He instructs parents of children who have been victims of a battery to contact a New York personal injury lawyer who is familiar with both negligence and medical malpractice claims.

            “Since a school,” Gurfein said, “is a department, or arm, of a municipality, a lawsuit must be commenced within a year and ninety days from the time of the battery, after having filed a timely Notice of Claim.

“Such a lawsuit,” he added, “typically takes longer to pursue than an average auto case because the City of New York has so many lawsuits it just doesn’t have the manpower to process all of them.  As with any other personal injury claim, the damages would be determined by a jury.  All costs to litigate the case are advanced by the lawyer, not the client.  The lawyer only gets those costs reimbursed, and compensated for his, or her, services, if he or she wins the case.”

New York, NY (PRWEB) May 10, 2009 — Recent budget cuts in New York State’s free cancer screening program will not only cause delays in breast, colon and cervical cancer screening for thousands of New Yorkers, but according to one New York personal injury lawyer, the added money and time pressure placed on the system will likely lead to slap dash testing procedures and test results that get lost or slip through the cracks.

According to Preston Douglas, partner in the New York personal injury law firm of Gurfein Douglas LLP, the philosophy of modern medicine is all about the cost.

“Poor people can’t afford Park Avenue doctors,” Douglas said. “They depend on these free clinics for their healthcare needs. When budgets get cut more people are hurt and die. That’s the way I’ve seen it work in my 35 years in practice and there is no reason to expect the situation to change now despite what the Health Department would like us to believe.”

Douglas said that misdiagnosis, or late diagnosis of cancers and infections are the two most common errors doctors make and, coincidentally, they are the illnesses that can result in the worst harm to patients.

“There are practical ways to detect these illnesses,” Douglas explained. “But to do it effectively, a logical path of diagnosis must be followed. This is where breakdowns happen, and mistakes are made, when there’s not enough money to go around.”

While delays alone in routine diagnostic testing may not put the State at much risk for liability claims, a misdiagnosis or misreading of data and images can end up costing the provider, and the patient who was misdiagnosed, plenty.

“When claims of medical malpractice arise,” Douglas said, “we look at the harm that was done and the nature of the care that was given before any legal papers are filed. People who call a medical malpractice attorney, rich and poor alike, frequently know what was done wrong to them and can give specifics in a clear way.

“Since nobody knows the exact moment when a cancer changes from localized to incurable metastatic,” he added, “it is essential that the paper trail between labs, doctors and patients be traced to be able to determine if any breakdown, or delay in follow-up procedures, made a difference in the health and survival prognosis of the patient.”

Douglas explained that in the case of cancer, it is generally accepted that the delay, depending on the type and location of the cancer, must be on the order of one year to make a difference.
“This is entirely different with an infection,” he said, “which can change from treatable to critical in a matter of hours.”

Before a patient can file a medical malpractice claim, the doctor’s care of the patient must be reviewed by a medical expert to see if the doctor deviated from the accepted standard of care. Whether there was medical negligence or deviation from the standard of care will depend on the type of illness and whether the delay caused a change in the patient’s chances of survival.

In general, he points out, academic specialists inside hospitals make fewer mistakes than doctors practicing in outlying areas.

“It really does come down to geography in many instances,” he said. “Doctors in suburban and rural areas tend to be in the business of moving patients in and out of their offices as fast as possible in order to make the most money.

“As for doctors in the best urban teaching hospitals,” he added, “I don’t see any particular specialty area making more diagnostic mistakes than any other, except maybe emergency departments. These people are under pressure to make a diagnosis and treat in the shortest time possible. Sadly they are often wrong.”

Douglas, whose New York City law firm has handled many cases of cancer malpractice, recommends that patients should call a lawyer if they have had a bad outcome they feel is due to a neglect or error by their doctor, or clinic, or hospital, or any other healthcare provider. And if a lawsuit is filed, he explained, clients should know that it could take several years to complete.

“On television,” he said, “the plaintiff is in court by the third commercial break. That’s not real life. We prepare our clients to go on with their lives as best they can while the case proceeds, and we help do whatever we can for them to make their lives easier and livable.

“In the meantime,” he added, “we have to get records and read them. Then we send the records to the appropriate specialists for their opinions. Then, if we believe there has been malpractice, we will start a lawsuit. The preliminaries could take many months. Then there will be depositions of all parties. And, finally, there’s a trial if the case can’t be settled. But expecting an early settlement is probably unrealistic.”

NEW YORK, N.Y. (Jan. 22) – It can happen to anyone. It happened to a Manhattan doctor who was paraded in front of TV cameras in surgical scrubs after being accused of sexual abuse. It happened to a decorated former DEA agent who charged that Bronx cops arrested him for drug dealing after a run-in over a parking ticket. It happened to a Haitian immigrant who claims he was stopped and beaten by two police officers who thought he committed a robbery. As it turns out, none of these individuals were guilty of the crimes they had been accused of committing.

These reports, and hundreds of other stories like them, are the sad tales of people who became the unsuspecting victims of false arrest in New York City.

“While the number of false arrest claims in New York City have been trending downward steadily over the past few years,” Richard Gurfein, a New York false arrest lawyer explained, “it doesn’t change the fact that every day innocent people become the target of police and private security misconduct, such as false arrest and false imprisonment. And, when they do, it can mean big trouble for the victim.”

Gurfein, who represented a New York man returning home to his Harlem apartment, and for no reason other than being in the wrong place at the wrong time, this innocent man was yanked from the back seat of a gypsy cab by the police and struck on the head with the butt end of a cop’s service revolver, urges victims of false arrest to insist on being represented by an attorney as soon as the arrest takes place, and at all stages of the proceeding.

“If you are arrested, don’t say anything,” Gurfein advises. “The smartest move is to speak with a false arrest attorney so as not to jeopardize a possible false arrest claim after the resolution of the criminal complaint.”

By definition, he said, a false arrest is a civil tort that consists of an unlawful restraint of an individual’s personal liberty or freedom of movement by another purporting to act according to the law.

“The moment your liberty is restrained wrongly, a claim arises, “Gurfein said. “The value of a false arrest and/or false imprisonment claim, or a claim for malicious prosecution, will depend on the specific facts of the case.”

This is all the more reason why Gurfein strongly advises people who are arrested to say nothing to anyone until they speak with a false arrest lawyer.

“In clear cases of false arrest or mistaken identify,” he advises, “it is in the best interest of the victim to have a false arrest lawyer review the situation first and decide the proper course of action.”

Gurfein said it is not uncommon for him, in situations where an innocent client is pending an arraignment, to get his client a criminal defense attorney who will make sure his client’s personal injury claim will not be prejudiced.

“Criminal defense lawyers may be more concerned with keeping their clients out of jail, and could resort to negotiating plea agreements even if their client didn’t do it” Gurfein explained.

“But remember this,” he emphasized. “Any plea deal, which means the victim has agreed that they are guilty of something, means their arrest was legitimate. If that happens, the victim cannot file a claim for false arrest.

“My focus as a New York false arrest lawyer,” he continued, “is on protecting any future claim that might arise out of the situation, including damages for mental anguish, shame and humiliation, injury to reputation, physical suffering or bodily injuries, loss of earnings or business, medical expenses and legal expenses in defending the prior charge. If the police didn’t have reasonable grounds for the arrest in the first place and acted recklessly, willfully, wantonly or maliciously, the victim may even be entitled to punitive damages.”

Clients need to realize that they always have a choice, Gurfein remarked.

“If your background and experience tells you the police can make a strong enough case for arresting you, which we call ‘reasonable cause,’ then the chances of winning a false arrest case are pretty small. Taking a plea deal to avoid jail may be the right choice for you. But if you take a deal it will end any chance you have of filing a civil suit for false arrest.

“You can either stand on your legal rights,” he continued, “and not give up your right to be compensated for their wrongs, or plead out to some minor charge and avoid the risk of losing a criminal trial. Sure, it’s not always an easy choice. But it’s always a moral choice.”

Gurfein noted that a Notice of Claim against a municipality, such as the City of New York, must be filed with the municipality within 90 days of the plaintiff’s release from custody.

“The statute of limitations for false arrest and imprisonment generally is one year,” he said. “But if the defendant is working for a city and is covered by the General Municipal Law, such as a police officer acting within the scope of his authority, then the 90-day period controls.”

Nor is saving money, while a good idea, a reason for parents to get careless and overlook the importance of safe toys for kids.

“Take a moment and look online for product recalls, customer reviews, and reviews about the manufacturer,” warns Richard Gurfein, a New York products liability lawyer and past-president of the New York State Trial Lawyers Association. “And be sure to visit websites provided by the government and concerned citizen groups that advise parents on toy safety, such as the U.S. Consumer Product Safety Commission,” (www.cpsc.gov)

Just this week, Mattel Inc., the world’s largest toymaker, agreed to pay $12 million to settle claims the company shipped toys tainted with lead paint to 39 U.S. states, according to the Massachusetts Attorney General’s office.

“Everything from toys to children’s furniture to cribs and even clothing can contain toxic levels of lead,” Gurfein said.

The Mattel products, made by third-party contractors in China, contained lead levels of as much as 50,000 parts per million, according to court papers. New federal standards cut the permissible lead content to 90 parts per million from 600 parts per million.

“If lead is ingested by a young child,” Gurfein explained, “it can cause a brain injury that can lead to significant learning disabilities and impede the progress of normal intellectual development.”

Gurfein advises that if a child is injured by a toy, parents should seek medical attention immediately. He also advises parents to notify the U.S. Consumer Product Safety Commission and report the toy they found to be dangerous.

“After the child has received proper medical attention,” Gurfein said, “parents should consult with a lawyer who has experience handling products liability cases.

“If the child’s injury is caused by a dangerous product,” he added, “it could result in an action against the manufacturer and anyone else who participated in putting the product into the ’stream of commerce. What’s more, when a middleman gets involved with the product, like for example a retailer who explains a product’s use, they become liable to the injured parties as well.”

Gurfein cautions parents never to buy toys for very young children with parts small enough to fit through the cardboard tube on toilet paper role. He warns that these toys are not safe for children under 3, or for any child who still puts things in their mouths. “Even latex balloons can present a choking hazard for small children. Mylar balloons are safer,” he said.

“Children under 6 years of age do not always play with toys in a safe manner,” he explained. “Toys with sharp edges or pointed tips should be avoided. And, toys that run on batteries should be inspected to make sure that battery terminals don’t come loose and rub against each other. If the two terminals do come in contact, they can cause the battery, and the toy, to overheat and burn an unsuspecting child.”

As a father and grandfather himself, Gurfein recommends that parents follow these 4 simple steps to prevent some of the most common accidents to children caused by toys they receive as holiday gifts:

Step 1
Buy American.

It’s a good way to make sure toys meet safety standards set forth by the federal government.

Step 2
Visit HealthyToys.org

HealthyToys performs independent safety tests and chemical analysis of common toys to determine their true levels of toxic materials, like lead. The HealthyToys.org consumer guide to toxic chemicals tested 1,500 toys in 2008, and found medium to high levels of cadmium, arsenic, lead, PVC or other harmful chemicals in a third of them. Lead was found in 20 percent of the toys tested. Healthy Toys also provides a list of the best and worst tested toys, reviews of independently tested products, and will even test specific toys upon request.

Step 3
Check for recalls.

Look online for recalls and customer reviews before buying a child a toy. Look for reviews of the manufacturer and for possible recalls of other toys they have produced.

Step 4
Shop Online.

Shopping online gives parents an opportunity to research as they shop. There are often a wider variety of healthy toys online than can be found in a department store.

Gurfein suggests that parents might also want to check out two additional websites that provide child product safety information: The U.S. Public Interest Research Group www.uspirg.org; and World Against Toys Causing Harm, or W.A.T.C.H www.toysafety.org.

Noted New York Building Accident Lawyer Richard Gurfein Singles Out No One, Yet!

NEW YORK, NY (Oct. 20) — Two apartment building fires in New York City on the same weekend; seven people killed, including four young children and one child in critical condition; authorities trying to place blame for one of the fires on a 10-year-old boy who they claim was playing with matches; plus claims that fire detectors had been deliberately disabled by tenants of the buildings. Who’s to blame?

According to Richard Gurfein, the noted New York City building accident attorney, establishing liability in horrific situations like these usually cannot be determined until after fire investigators, who are trained to gather and interpret data at the scene of a blaze, have completed their investigation.

“Very often, “Gurfein said, “ when Gurfein Douglas, my personal injury law firm, is hired to represent a plaintiff in a premises liability matter like an apartment fire, we begin the preparation of the case by gathering all of the earlier claims made by the fire department, or by building inspectors, or the press. Our first step is to hire an expert in building and construction code compliance, and instruct the expert to check if there were any violations against the building at the time of the fire, or if the landlord had failed to maintain smoke detectors, or failed to install or maintain sprinklers, or if emergency fire exits were blocked or locked, or if the landlord did anything else that might have contributed to the blaze.

“Until the facts surrounding the cause of the fire have been confirmed scientifically, and until it has been established what, if any, building code violations had been ignored, determining who is at fault, and the degree of their liability, remains an open question.

“For this reason,” he said, “I advise anyone who has been injured in a building accident to cooperate with the authorities and call a lawyer as soon as possible.”

Gurfein explained that in the case of a building fire where people are injured, or killed, as was the case in the recent apartment house fires in Manhattan and in the Bushwick section of Brooklyn, the cause of the fire is always important in the eyes of the law.

“If the fire,” Gurfein said, “was caused by a defect that should have been spotted and corrected, then the landlord may be at fault. If there was defective wiring in the building that could have caused the blaze in Chelsea, then the fact that that 10-year-old boy might have been playing with matches in his kitchen might have nothing to do with the fire.”

Furthermore, when a firefighter is injured on the job, General Municipal Law 205-a provides the special right for the firefighter to file a claim if the injury, or death, is a result of willful neglect or omission by any person, or persons, who failed to comply with any of the statutes, ordinances, rules, orders and requirements of the federal, state, county, village, town or city governments, or of any and all of their departments, divisions and bureaus.

“If the cause of the fire is a landlord’s neglect, or worse, as in situations where landlords terrorize tenants by creating unsafe, unlivable conditions to get them out of the building, then a plaintiff has a pretty good case,” Gurfein said.

“On the other hand,” he added, “while innocent victims of a fire are not responsible for the outcome, anyone who causes a fire can be at least partly responsible for any injuries, or death, or property damage caused by the blaze. We call it ‘comparative fault.’

“In New York State,” he said, “if a defendant is found to be less than fifty percent at fault, they only pay the percentage assigned by the jury. On the other hand, if the defendant is more than fifty percent at fault, they are liable for one hundred percent of the judgment amount.”

Gurfein warned that if the cause of the Chelsea fire can be linked back to the 10-year-old boy only, it could dramatically impact the outcome of any personal injury claim that might arise out of this incident.

“The way the law reads in New York State,” he pointed out, “infants under the age of four years old are “non sui juris,” which means they are incapable of fault or negligence. On the other hand, a 10-year-old can be held accountable for his, or her, own actions.”