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.
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Nonprofit hospitals despicable practices of overcharging patients with no insurance and then using aggressive tactics to collect payments are being discouraged by new rules recently adopted by the Obama Administration. Under the new rules, patients with no insurance who are eligible for financial assistance can not be charged more than “the amounts generally billed” to people who have insurance through a government program or a private carrier. Additionally, hospitals must try to determine whether a patient is eligible for assistance before they start to use aggressive tactics to collect payment.

Read more in the New York Times

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cruise%20medical.jpgIn 2011, the family of 82 year old Pasqualre Vaglio from New York sued a cruise line for medical malpractice after the medical staff on board failed to diagnose a brain injury that would lead to the death of the man a few days later. Medical malpractice lawsuits against cruises have been for a long time impossible to win as cruise lines would use various exemptions created by previous court decisions. One of these exemptions known as “Barbetta” held in 1988 that passengers should not expect the same type of medical care on a ship as on land and ships’ doctors and nurses were private contractors beyond the cruise lines’ direct control. In the recent Vaglio case, a three-judge panel of the 11th U.S. Circuit Court of Appeals – which has jurisdiction over the major Florida-based cruise lines – recently held Barbetta is outdated law. The judges said that the doctors and nurses on the cruise line were wearing the cruise uniforms and were held out as ship employees in the promotional material of the cruise line. They also opined that cruise lines these days have sophisticated ICUs and laboratories. They can video conference with medical experts if necessary.

Read more in the New York Times

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Guler%20Ugur-Yaacobi.jpg28 year old Prezidor Porbeni surrendered and admitted that he fled the police after he fatally hit a woman with his SUV in Harlem, NYC, on New Year’s eve.

The victim, 44 year old photographer Guler Ugur-Yaacobi (see picture), was hit by the SUV near the intersection of W.113th St and Amsterdam Ave at the beginning of the evening on December 31st. The impact was so strong that witnesses said the woman was sent 80 feet down Amsterdam. She was pronounced dead when she arrived at the hospital.

Porbeni turned himself in after the police released surveillance video and asked the public to help them find Porbeni’s 2006 Land Rover. He was arrested and charged with leaving the scene of an accident resulting in death and driving with a suspended license.

Read more in the New York Times

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A 23 year old man is in critical condition after he was hit by a livery cab while driving his moped on Westchester Ave near the intersection of Southern Blvd, in Longwood, Bronx, NYC on Friday night. People who saw the accident said that the body of the young man was so badly mangled that he couldn’t be identified at the scene.
Read more in the NY Daily News

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chokehold.jpgA troubling report examining 10 cases of police misconduct in New York during which cops used the prohibited chokehold move shows that in 4 of the cases police officers used chokeholds as a “first act” instead of verbal communication against citizens who had only confronted the cops verbally and not physically. The report was issued today by Philip Eure, the city’s first inspector general for the NYPD. The report is following the death of New York citizen Eric Garner who died this summer in Staten Island after a police officer put him in a choke hold. Last December the policeman who killed Garner was not indicted stirring public outrage and rallies against police brutality.

Read more in the New York Times and in the NY Daily News
Picture: courtesy of Wikipedia

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To administer non sterile products intended for training to patients is medical malpractice that can have very dangerous consequences. Recently Wallcur, a company that sells medical products intended for training purposes only, received reports that some of its training Sodium Chloride IV Bags had been used outside of their intended use and administered to patients. These bags are not sterile and are for simulation purposes only. To prevent these products from being injected in humans or animals, the company recently issued a product recall and is intending to improve the labels before to continue the distribution of these products..

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132 pedestrians died in traffic accidents in 2014 in New York City according to preliminary numbers announced recently by city officials. According to them these numbers are the lowest since 1910 when the city started to provide accurate traffic accident statistics. (See article in the New York Times).

The NYPD also released their monthly collisions statistics recently but only until November. The statistics for the year 2014 will be released at the end of this month. According to this data the number of people killed in a traffic accident in November 2014 was 25 compared to 35 in 2013. November 2013 was the worst month for traffic fatalities in NYC in 2013 followed by August 2013. This year so far the monthly number of traffic fatalities never went above 28, an improvement compared to 2013.
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The number of people killed in a vehicle accident since the beginning of 2014 until the end of November is 238 compared to 261 during the same period for 2013, a decrease of 9% . The total number of people injured for this same period of 2014 is 46,769 compared to 50,541 in 2013 a decrease of 7.5%. Even though there were less deaths and personal injuries, NYPD statistics indicated that for the same time frame the number of motor vehicle crashes is 1% higher with 187,838 accidents in 2014 compared to 186,130 in 2013.
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Personal%20Injury%20Attorney%20Ben%20Rubinowitz.jpgOur Managing partner, Ben Rubinowitz will be speaking about “Using the Rules of Evidence in Trial Practice” at the Torts, Insurance and Compensation Law Section and Trial Lawyers Section Annual Meeting of the New York State Bar Association. A reception and dinner will be held Wednesday January 28th at Cipriani Wall Street and the CLE program will be held the following day, Thursday January 29th at the New York Hilton Midtown. Ben will speak during the afternoon program at 3:30. Under New York’s MCLE rule, this program has been approved for 7 MCLE credits consisting of 5 credit hours in Professional Practice and 2 credit hours in Ethic.

Download the complete program

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3 people were critically injured, 3 others were seriously hurt and 19 of them suffered minor personal injuries in an accident between two cars and an MTA bus. The accident happened yesterday afternoon at the intersection of Utica Ave and Clarendon Rd in East Flatbush, Brooklyn NYC.

See video below

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kitchen%20fire%20prevention.jpgHome cooking is the number one cause of fire accidents and fire injuries in New York. 33 % of these fires are caused by unattended cooking. The most recent one happened in Queens, NYC, last week when a family left a traditional Haitian holiday soup unattended on the stove. The fire spread from the stove to the dining area and then to the living room and down the hall to the bedrooms. 3 people were killed and several firefighters suffered personal injuries as they were trying to save the victims.

Unattended cooking often happens when the cook becomes distracted and leaves the kitchen for various reasons such as answering the phone or the bell, looking at TVor taking care of the kids.

To avoid fire accidents, remember to stay in the kitchen all the time when you are cooking. Also avoid wearing loose sleeves that can catch fire and keep the area around the stove free of paper towels or anything than can catch fire. Keep children away from the stove and turn pot handles on the wall side. Avoid very high temperatures and in case of a pan fire do not use water but baking soda or shut off the heat and use a mitt and a lid to cover the fire.

Fore more fire safety tips visit the New York City Fire Department website