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Gregory Scott Gennarelli
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Gregory Gennarelli’s Answers

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  • Can I Sue The Hospital/OB-GYN For Negligence, Breaking My Newborns Left Arm & Paralyzing Her Right Arm?

    I Was Diagnosed With Gestational Diabetes 1 Week Before Giving Birth At 39 Weeks...I Just Feel As If My Doctor Should've Known How Much My Daughter Weighed Before Birth & My Doctor Let Me Make All The Decisions Instead Of Her Being My Doctor She D...

    Gregory’s Answer

    Yes. It sounds like your child may have suffered what's called "Erb's palsy" which is a brachial plexus injury which can cause paralysis or loss of use of the arm. This injury is often caused when an infants neck is stretched to the side during birth and usually occurs when delivering a large baby, during a prolonged labor or when the baby is in a breech position. It is also preventable. I highly suggest that you contact a medical malpractice lawyer to review the matter to determine the extent of the injury and any negligence on the part of the delivery team, and to obtain just compensation for your child's injuries.

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  • URGENT! NYC physican hand injury auto accident. NYPD refused to file accident report.

    Left hand break, dislocations and fractures. NYPD refused to come to scene of accident. He was hit by tractor trailer. He then went to police station and waited an hour and police still refused to write report. He is in the VA hospital. Hosp...

    Gregory’s Answer

    Have your friend meet with an attorney as soon as possible. Hopefully he, or someone, was able to get some information about the driver and the truck such as the license plate number, drivers name, insurance company, etc. The quicker he acts the better. Where did the accident happen?

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  • I am 30 weeks pregnant and fell in a supermarket in Brooklyn, NY. There were no signs/indications of a wet floor. Can I sue?

    30 weeks pregnant transported to local hospital in ambulance.

    Gregory’s Answer

    If you fell and sustained injury because of a dangerous condition, you could bring a claim. However your success will depend on the extent of your injury, and whether the supermarket caused or created the condition, or whether the condition was there so long that they knew about it or should have known about it. Hopefully an incident report was generated. Moreover, nowadays most supermarkets have surveillance cameras that may have captured your fall. Thus, it is important to act quickly so that the tape can be obtained before its destroyed. I suggest you contact an attorney as soon as possible to evaluate whether you have a claim worth pursuing. Good luck.

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  • Can i sue someone for an automotive accident?

    I have a NYS permit yesterday at around 3:30 i was coming home from work about to turn into my block and a lady rearended my car, i felt a very bad pain in my head and my lower back , i was taken to the hospital and had many exams done am home no...

    Gregory’s Answer

    Yes, although to succeed your injury would need to be "serious" as defined by the Insurance law. There are two parts to every case, liability and damages. Since you were hit from behind, there is a presumption that the other vehicle was entirely at fault for the accident. Thus, in my view the issue will be the extent of your injuries. To prove your injuries are compensable, there needs to medical proof of your injuries. If you are still in pain, follow up with a doctor and contact a lawyer to protect your rights.

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  • Can I be sued and held liable if my son gets in an accident and I am the one financing the vehicle?

    My son is in his 20s. I am financing the car for him because my credit is better than his, and he will pay me back for the loan. He lives in New York, and I live in California. Can I be held liable for any accident that he may cause? If yes, how c...

    Gregory’s Answer

    If you are the registered or title owner of the vehicle, you are just as responsible as your son if he gets into an accident. New York's Vehicle and Traffic Law section 388 makes the owner of a vehicle responsible for the negligent acts of its driver. Therefore, if he is at fault in an accident, you would be responsible. Moreover, if he is as little as 1% at fault in an accident, you could be responsible for 100% of an injured parties damages. Therefore, adequate insurance coverage is highly recommended.

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  • I have a workers comp case going on and recently got approved for my knee surgery (meniscus) 2 months after the case was open.

    Will my knee ever be the same? And should I talk to a lawyer about disability if it isn't? I'm a union carpenter so I need to be physically fit to thrive.

    Gregory’s Answer

    You could talk to a disability lawyer, but you also may have what's called a third party action if you were injured on a job site. If you fell from a height, or tripped on debris, for example, you could have a claim against the owner and general contractor at the jobsite where you could also seek compensation for your pain, suffering and any economic loss above and beyond the Worker's Compensation benefits. Therefore, if you were hurt on the job, i highly suggest you contact a personal injury lawyer experienced in construction accidents.

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  • When you get into a car accident during work will the insurance company pay your medical ?

    My husband was driving his work truck going to a job and stopped at a light when he was rear ended. His back is bothering him now and wants to be checked out by a doctor. The insurance company says he has to go through workmans comp. why wouldn'...

    Gregory’s Answer

    Workers Comp. will pay for his medical expenses and lost wages. The insurance company for the vehicle that struck him would get involved if he wants to make a claim for personal injuries, pain and suffering and any additional economic loss he may incur as a result of the accident. His chances of success depend on liability, and the extent of his injuries. Since he was hit in the rear while stopped, the liability portion not much of an issue. The extent of his injuries, however, is important to know to be able to determine if he may have a viable personal injury case that would cause the other cars insurance company to compensate him in excess of the Workers Comp. benefits. I suggest that you contact a personal injury attorney to evaluate a potential claim. Good luck.

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  • I was involved in an elevator accident at work. Do I have a case?

    I was in an elevator at work when it the belt snapped and I was dropped 2 floors. I was stuck for a long time with little to no air circulation and was very scared. I am not sure how to react to this but it was very traumatic and I am worried abou...

    Gregory’s Answer

    If you sustained an injury as a result of the incident, you would likely have a viable claim against the owner of the building and the elevator maintenance company. Have have received any medical or psychological treatment as a result of the incident?

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  • Do you have personal injury lawyer

    I have a possible malpractice suit

    Gregory’s Answer

    Use the search function here and find an attorney that handles malpractice cases. There are plenty.

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  • Medical malpractice tolling ground

    Aside the continuing treatment doctrine, in ny law can statute of limitations be tolled till when a plaintiff discovered they were injured?

    Gregory’s Answer

    Generally speaking, the exceptions are for a foreign object, infancy and insanity. However, there has been a lot of litigation and case law on what does or does not constitute a foreign object. Recently, on June 10, 2015, the Court of Appeals (New York's highest Court), once again took up the issue in Walton v. Strong Memorial Hospital. The decision provides a very comprehensive analysis on the issue and goes through what is or is not a foreign object and what criteria should be used in making such a determination. I suggest you, and anyone involved in handling malpractice cases, read it here (http://www.nycourts.gov/reporter/3dseries/2015/2015_04786.htm). The same day the Walton decision came out, the NY Assembly passed Lavern's Law, a bill which was supported by Governor Cuomo and would have tolled the statute of limitations until the date of discovery instead of the date of malpractice or last date of treatment. Unfortunately, the NY State Senate failed to act on the bill and it died. Hopefully it will be taken up again next session, pass, and get signed into law by the Governor, though there is a lobby against it about concerns that insurance premiums will rise. However, it is difficult to understand how any reasonable person could deny a person the right take action or be fairly compensated for injuries that do not manifest for years because the alleged malpractice or injury is hidden or not otherwise discoverable by the patient/victim.

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