In their latest Trial Advocacy column in the New York Law Journal, NYC Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: Concurrent or overlapping surgeries are becoming more common in major teaching hospitals. Although studies have suggested that the practice can be performed without endangering patient safety, the attorney prosecuting such a case should focus on the motives behind the practice. Developing “case frames” such as profit over safety will certainly answer questions in the minds of jurors as to who benefits from double booking.
Our personal injury law firm is proud to announce that our managing partner, Ben Rubinowitz, was invited to be one of the 5 distinguished faculty members of “CLE with the Stars”, a seminar organized by the Connecticut Trial Lawyer Association.
The 4 other distinguished faculty members will travel from all over the country. They are Mark Davis from the Honolulu firm Davis Levin Livongston, Randy L. Kinard from the Nashville firm Kinnard, Clayton & Beveridge, Zoe Littlepage from the Houston law firm Littlepage Booth and Tyler Thompson from Dole, Thompson, Shepherd & Conway, PSC in Louisville, KY. The program will be chaired by Connecticut attorneys Kathleen Nastri and Michael Koskoff both from the firm Koskoff Koskoff & Bieder, PC.
The seminar will take place Friday April 6th 2008 from 9:00 am to 3:00 pm at The Trumbull Marriott, 180 Hawley Lane, Trumbull CT 06611.
Our NY Construction Accident law firm is proud to announce that our attorneys Anthony H. Gair and Christopher J. Donadio obtained a $1 million settlement in a construction accident that occurred in New York. The case involved an incident that occurred on a construction site in Manhattan. The plaintiff, who was a worker on the job site, suffered a crush injury to his thumb when a small crane (known as a “gin pole”) failed, and caused a several hundred pound motor to fall on to the plaintiff’s hand.
Due to the incident, the plaintiff was taken by ambulance to the hospital. At the hospital, the plaintiff was diagnosed with a crushed thumb on his non-dominant hand. As a result of the injury, the plaintiff required three surgical procedures to his thumb, including a revascularization procedure and a skin graft.
An action was brought in New York County, Supreme Court, against the general contractor of the construction project, and the owner of the construction site. The action was brought under New York Labor Law §240(1). The Labor Law of New York §240(1) provides that:
Among the 350,000 construction sites who were required by OSHA to electronically file their annual injury and illnesses log summary by December 31st only 153,653 complied. 61,000 construction sites that were not required to provide electronic records did it anyway. Almost 200,000 work sites didn’t comply with OSHA’s new electronic record keeping rule. It is not exactly clear why so many companies didn’t comply with the new rule. Some companies may have believed they were exempted, some thought that the deadline would be extended one more time. Other employers didn’t want their data to be published online as the new rule requires it.
Technically OSHA now has until June 15 to visit the 200,000 locations that violated the rule. Companies who didn’t file may risk up to $12,934 in penalties. Companies who can demonstrate they had difficulty filing electronically as well as companies who can provide a paper copy of their report may be exempted from a fine.
According to Construction Dive, some experts believe that OSHA wasn’t aggressive enough in its compliance effort.
To avoid medical malpractice and make sure their patients are safe, good healthcare organizations stay proactive and identify actual and new risks of medical malpractice to better address them. Every year the ECRI institute, a non profit organization advocating for patient safety, compiles a list of the most urgent issues to be addressed by these organizations. The list, based on more than 2 million events reported to the ECRI Institute, highlights high priority concerns and new risks related to patients safety and proposes solutions to address them.
Diagnostic errors stay the main concern
Diagnostic errors and the opiod epidemic continue to be at the top of the list. Poor Internal Care coordination resulting in numerous medical errors continue to be a major safety concern as well. Staff bending work rules to circumvent or temporary fix what they perceive as a barrier or a system flaw and often unintentionally putting the patient in unsafe condition is also a main issue faced by healthcare organizations. The incorporation of poorly designed Health Information Technology Systems continue to have negative consequences on patients health.
Dorothy Burns, the woman who killed two children and sent their mothers to the hospital after going through a red light, had a history of reckless driving. She was caught four times for running a red light and four other times for speeding in school zones. However she was still able to drive around the city.
In Today’s editorial, the New York Daily News is pointing out several cases of dangerous drivers who have been caught multiple times endangering pedestrians lives but still have their driving licence.
Drivers who are being caught by speed or red-light cameras only risk a $50 fine in New York City. There are no other consequences whatever the number of times they are caught doing it. The Daily News found out that a dozen drivers have accumulated more than 45 tickets each and are still able to drive in the city. Privacy Laws prevented the Daily News from obtaining the names of these drivers. However they found out that the same car in Queens got 74 tickets for speeding in school zone and 1 for going through a red light. A white van got 59 speeding tickets and 7 red light violations. Two livery cars with TLC licenses had a total of 22 red light violations and 25 speeding tickets.
A hard hat died at a NYC construction site after being crushed between a forklift and and a flatbed truck. 46 year old Jorge Castaneda from Queens was working at a Brooklyn construction site located at the intersection of Stewart Street and Broadway in Buschwick, Saturday afternoon around 3:00 pm. The construction worker walked between a flatbed truck and a forklift that was carrying scaffolding pipes. The forklift tipped over as it was passing next to Castaneda, crushing him against the truck. Emergency responders lifted the forklift, liberated the poor man and rushed him to the hospital. Unfortunately the worker couldn’t be saved. He died from his injuries. Read more in the NY Daily News
Forklifts are dangerous machines and unfortunately accidents involving workers on foot struck by such machines are all too common. Very often accidents occur because safety protocols established by the New York State Department of Labor were not followed. In the case of the death of Jorge Castaneda, the forklift may have tipped because it was not in compliance with Industrial Code §23-9.8(b) stating that forklifts may not be overloaded.
Picture of the site of the accident courtesy of Google Map
5 people died in a helicopter accident in New York on Sunday. Only the pilot, 33 year old Richard Vance, survived. The passengers were two 26 year old friends from Dallas, Trevor Cadigan and Brian McDaniel, an Argentinean tourist, 29 year old Carla Vallejos Blanco and two employees of the helicopter company, 34 year old Daniel Thompson and 29 year old Tristan Hill. They were riding aboard a door-off helicopter that used to be reserved for professional photography but has been recently marketed to tourists as well. Because the doors are opened during the entire flight, passengers are secured in complicated harness systems. Unfortunately what made the harness safe when in the sky became a death device during the crash. As the helicopter quickly went down in the freezing water of the East River, none of the passengers were able to free themselves from the safety harness. The federal regulators announced yesterday that they would give urgent attention on the use of harnesses for aerial photography.
Before boarding the 5 passengers were required to look at a 10-minute safety video which briefly explains that there is a knife in a pocket of the harness that has to be used to cut a strap in the back of the harness in case of emergency . Tourist are often so excited that they don’t really pay attention to the video. Additionally when someone is upside down panicking in freezing water , everything becomes much more difficult. One would hvae to be trained like a Navy Seal to free himself in such difficult conditions.
The pilot told investigators that a bag or a strap of a bag may have touched a fuel control switch however experts doubt that this theory is plausible. The pilot then realized he was experiencing engine trouble and decided to attempt an emergency landing. He could have chosen Central Park but he decided to land on the East River instead. The pilot executed what is known as an emergency auto rotation maneuver but the helicopter turned over and sank with the passengers stuck in their safety harnesses. The emergency inflatable pontoons didn’t function proprely. Read more in the NY Post.
Our partner Richard Steigman and Hon. Rosalyn H. Richter, Appellate Division, First Department will be co-chairing the New York State Trial Lawyers Seminar “2018 CPLR Update”. This seminar will take place on Monday April 9 from 6:00 pm to 9:00 pm at the NYTSLA office at 132 Nassau Street.
One of the key requirements of successfully managing a civil caseload is staying abreast of legislative changes and court decisions in the field of New York Civil Practice. This year in particular, there are substantial changes that every lawyer in this field needs to know. This seminar will provide an in-depth review of these new developments, including practice tips and pitfall warnings that are invaluable for the civil litigator.
Topics will include:
NYC Fatal traffic accidents were at their lowest last January. During the first month of 2018, 11 people died in a traffic accident compared to respectively 18, 17, 13, 21 and 28 in January 2017, 2016, 2015, 2014 and 2013. The only months when the number of monthly fatal auto accidents in New York City was this low was in March 2016 and in May 2017. The monthly number of traffic deaths never went below 11 in the city.
While traffic fatalities have been on a declining trend since Vision Zero started, the opposite occurred with traffic injuries. They have been on a rising trend. However recent numbers seem to show some signs of stabilization. 4,351 people were injured in a car accident in New York City in January 2018. That’s a little bit less than the 4,383 people injured in January 2017 but more than respectively the 3,654, 3,449, 3,899 and 3,993 people injured in January 2016, 2015, 2014 and 2013.
Globally, traffic accidents continue to increase in New York City. Despite being lower than most previous months, the number of traffic accidents in New York City reached 17,762 in January 2018 compared to respectively 17,126, 17,798, 15,977, 16,597, 15,599 in January 2017, 2016, 2015, 2014 and 2013. January is usually a month during which traffic accidents are lower than other months. The number of accidents is usually below the trend line in January.