Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

March 4, 2014

22% of patients transfered from a hospital to a skilled nursing facility experience adverse events, 11% experience temporary arm events. 59% of all these events are preventable. They cost Medicare hundreds of millions of dollars every month

skilled%20nursing%20facility.jpgNursing home negligence such as substandard treatment, inadequate monitoring of patients or failure and delay to provide necessary care are the main causes of preventable adverse events and temporary arm events for patients requiring post acute care in a skilled nursing facility according to a large study conducted by the US Department of Health and Human Services, Office of Inspector General.

The study looked at a sample of 653 Medicare beneficiaries discharged from hospitals to skilled nursing facilities (SNF) for post-acute care and who stayed at the nursing home no longer than 35 days.

The study found that 22% of Medicare beneficiaries experienced at least one adverse event during their stay. A small percentage of patients experienced 2 to 3 adverse events during their stay.
79% of these adverse events resulted in extending the stay at the nursing home or in the transfer of the patient back to the hospital for emergency room visits or inpatient admissions.

From the study, researchers evaluated that re-hospitalizations costs every month total $208 million to Medicare including $136 million on hospitalizations associated with preventable events.

14% of adverse events required a life-sustaining intervention and 6% led to the death of the patient.

Medication errors and negligent nursing home care contributed each to 37% of the adverse events and infections contributed to 26% of them.

The study also found that 11% of post acute care patients suffered temporary personal injury related to medication errors in 43% of cases , negligent care in 40% of cases and infections in 16% of cases.

Researchers discovered that 59% of the adverse events or temporary harm events were clearly or likely preventable. They happened in 56% of cases because the appropriate treatment was provided in a substandard way, in 37% of cases because the patient was not properly monitored and in 25% of cases because the necessary treatment was simply not provided. Other preventable adverse events include errors related to medical judgement or skills and inadequate or incomplete care plans.

Cases for which adverse events were not preventable were mostly related to patients with poor health status or at risk for experiencing harm despite efforts by staff to avoid harm.


March 4, 2014

Hit and Run driver faces jail time after admiting leaving the scene of a deadly car accident in Staten Island, NYC

A 34 year old man who fatally struck a 4 year old girl and left the scene of the accident in Staten Island is facing time in jail. The victim and her family were crossing in the middle of the road at a good distance from the corner when the man drove into them. He continued on his way and didn't turn himself to the police until 16 hours later.

Read more in the Staten Island Advance

March 4, 2014

To reduce auto accidents resulting in pedestrian and bicyclist personal injury and death the NYPD launches ticket blitz for double parking or parking on bike lanes in several NYC preccints

In NYC, auto accidents involving pedestrians or bicyclists have a higher risk of occurring when cars or other vehicles are double parked or parked on a bike lane. As part of the Vision Zero traffic initiative mandated by the New York mayor, precincts in the city are launching ticket blitzes against drivers who are double parking or parking on bike lane lanes. One started today in Washington Heights and targeted drivers parking illegally on West 181st Street. Also Today In Park Slope, Brooklyn, the 78th precinct cops who were recently targeting drivers failing to yield turned their attention to drivers illegally parked on the bike lanes. We also previously reported similar activity on the Upper West Side of Manhattan on Columbus Ave.

NYC%20double%20parking%20ticket%20blitz.jpgPhoto: DNAInfo, Jeff Mays

March 3, 2014

21 year old pedestrian dies in MTA Bus Accident in Brooklyn, NYC

martinez-marisol.jpgMarisol Martinez was fatally struck by a MTA bus making a left turn. Martinez and two of her friends were in the middle of the crosswalk when they saw the bus. The two friends were a little ahead of Martinez and ran to avoid the bus. According to them the bus didn't yield or stop hitting and killing their friend.

Martinez is the third person to die after being hit by a MTA bus this year. In the last 12 months at least 10 people died after being struck by a MTA bus according to Streetblog.

Northern Brooklyn had one of the highest numbers of traffic deaths in 2013 and elected officials and advocates are calling for Mayor de Blasio to focus street safety resources in this area

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March 3, 2014

Brooklyn Cop suffers severe personal injury in hit and run ATV accident

A Brooklyn cop suffered severe personal injury after he tried to pull over a reckless ATV driver. As the officer approached the ATV driver to stop him he tried to get away. As the driver of the ATV hit the gas, the officer grabbed the quad's handlebars. He was dragged close to 200 feet before the ATV driver knocked him off and ran over his leg and fled the scene.

Read more in the New York Daily News

Brooklyn%20cop%20injured%20in%20accident.jpg Photo: Peter Gerber/New York Daily News

March 3, 2014

New York federal court refuses to dismiss product liability claim against Bumble Bee

A methylmercury strict product liability claim against Bumble Bee will proceed. A New York federal Court refused to dismiss claims that the tuna company is strictly liable for and was negligent in failing to warn about the mercury in its products in a lawsuit alleging personal injury from excessive consumption of Bumble Bee's tuna products which contain methylmercury. Porrazzo v. Bumble Bee Foods, LLC, No. 10-4367 (U.S. Dist. Ct., S.D.N.Y., order entered February 27, 2014).

Read more on Lexology

February 28, 2014

In New York City, the number of people who died or suffered personal injury in a vehicle accident slightly decreased in January according to data recently released by the NYPD

21 people died and 3,899 suffered personal injury in a vehicle accident in New York City last January compared to 26 deaths and 4,277 personal injuries the month before and 28 deaths and 3,993 personal injuries the same month a year ago.

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Pedestrian Accidents

More than 1000 pedestrians suffered personal injury in a vehicle accident last January. The number of pedestrians who died after being struck by a vehicle was of 12 last January compared to 17 in December, 25 in November and 20 the same month a year ago. At this point it is difficult to know if this decrease is already the result of NYPD Vision Zero measures or if the bad weather kept many pedestrians inside.

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Bicycle Accidents

1 cyclist died after being struck by a bus (see previous blog) and 116 suffered personal injury compare to 190 in January last year. The number of injuries related to bicycle accidents is the lowest in one year.

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February 28, 2014

Medical Malpractice:every time a hospital increases the workload of a nurse by one patient, it increases the risk of an inpatient dying within 30 days of admission by 7%

nurses_understaffing.gif Nurse understaffing by negligent hospitals can lead to medical malpractice that affect patients outcome. A recent study compared the 30 day mortality rate of more than 400,000 patients over 50 years old who underwent surgery in 300 hospitals in 9 different European countries to nurse staffing and nurse education for each hospital.

The study found that an increase in a nurses' workload by one patient increased the likelihood of an inpatient dying within 30 days of admission by 7% , and every 10% increase in bachelor's degree nurses was associated with a decrease in this likelihood by 7%. These associations imply that patients in hospitals in which 60% of nurses had bachelor's degrees and nurses cared for an average of six patients would have almost 30% lower mortality than patients in hospitals in which only 30% of nurses had bachelor's degrees and nurses cared for an average of eight patients.

Download the study

February 28, 2014

Suffolk Center for Rehabilitation and Nursing suspected of Neglect after two particularly gruesome deaths of residents last year

Nursing Home Neglect may have caused the death of two residents at the Suffolk Center for Rehabilitation and Nursing, a Long Island nursing home.

Thomas Bischoff died of sepsis after bedsores grew so large on his body that a human fist could fit inside some of the holes in his skin. Bedsores of that size are a sign of nursing home abuse.

A few months after Thomas died , Raymond Curiale another resident accidentally hanged himself. According to his plan care, Curiale who suffered from dementia was to be checked on every 15 minutes. After the staff forgot to check on him for 57 minutes, he was found slumped against his wheelchair, the seat belt around his neck, strangled.

An investigation by NBC I-Team is questioning why in recent years the State of New York dropped enforcement actions against nursing homes. In 2007, The New York Health Department issued 142 enforcement actions against nursing homes. In 2011 there were 81 and last year only 27. The New State Health Department declined to comment.


February 28, 2014

Product Liability: The NHTSA has opened an investigation into General Motors' recall timing

GM.jpgAdding to the costs of potential product liability lawsuits and the costs of replacing the defective ignition switch, General Motors is now facing a fine from the National Highway Traffic Safety Administration.

The agency announced yesterday that it "opened an investigation into the timeliness of General Motors' recall of faulty ignition switches to determine whether GM properly followed the legal processes and requirements for reporting recalls".

Read more on Reuters.com