Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf 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.

Articles Posted in Negligence

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The new CPSC Pool or Spa Submersions: Estimated Injuries and Reported Fatalities, 2013 Report indicate that 75% of victims of drowning in a pool or spa are younger than 5 years old. Government data also show that the majority of African American and Hispanic children between 5 and 14 years old don’t know how to swim and therefore have a much higher risk of drowning in a pool.

Every year more than 5000 children visit the emergency room after a pool or spa related injury and an estimated average of 390 children drown. Most of the accidents happen in backyard pools.

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In its new pool safety campaign, The U.S. Consumer Product Safety Commission is asking parents and families to teach their children how to swim, to install a fence around backyard pools and spas and to watch children when they play around the pool.

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Diagnostic errors are not a new problem, in 1991 the Harvard medical Practice Study, investigated Medical Malpractice in New York Hospitals and found out that diagnostic errors were accounting for 14% of physicians errors and that 75% of them were due to doctors negligence.

In 1999 a study from the Institute of Medicine “To Err is Human”, looks at diagnostic errors and classifies them in four different categories: error or delay in diagnosis, failure to employ indicated tests, use of outmoded tests or therapy and failure to act on results of monitoring or testing.

Despite these studies, diagnostic errors have been largely ignored until recent research calculated the impact of such errors. Results from a 2009 report funded by the federal Agency for Healthcare Research and Quality showed that 28% of diagnostic mistakes were life-threatening or had resulted in death or permanent disability.

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230px-Cerebral_angiography%2C_arteria_vertebralis_sinister_injection.JPG Angiography alone doesn’t detect Ischemia and may lead to misdiagnosis when a patient is being checked for chest pain. A routine Functional Flow Reserve Measurement (FFR) after the angiography would lead to a change of diagnosis for 1 out of 4 patients according to a new study presented at EuroPCR 2013 by Nick Curzen, Professor of Interventional Cardiology, University Hospital Southampton NHS Foundation Trust and Faculty of Medicine, University of Southampton, Southampton, UK.

Most cadiologists base their decision on the angiography only. The angiography is an X-ray of the blood vessel (see picture) that the cardiologist uses to assess if some blood vessels are blocked or damaged. The study argues that angiography only doesn’t detect ischemia, a restriction in blood supply to tissues, causing a shortage of oxygen and glucose needed to keep tissue alive. This may lead cardiologists to fail to diagnose a medical condition and to develop an inappropriate treatment plan for the patient.

Researchers, studied 200 patients suffering from Chest Pain. Each patient underwent an angiography. Based on the angiography only a cardiologist made a diagnosis and developed a treatment plan for each patient as well as recommendations for medical treatment such as percutaneous coronary intervention (PCI), coronary artery bypass grafting (CABG) or request for more information. The cardiologist left the room and then each patient had a Fractional Flow Reserve (FFR) measurement. Results with FFR were shown again to the cardiologist. Based on this additional information the cardiolgist changed the treatment for 25% of the patients.

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Recreational Water Illnesses (RWI) mostly caused by germs in contaminated water as well as personal injury such as drowning, slips, trips and falls occur every summer in pools, jacuzzis, water parks, water play areas, interactive fountains or lakes, rivers and recreational areas at the ocean. In order to prevent these illnesses and injuries the Center for Disease Control is running its annual prevention campaign as Memorial Day marks the annual pool and beach season’s opening day. This year’s theme is “How We Swimmers Contaminate Pools”

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A recent study from the CDC that analyzed filter backwash samples found e-coli in more than 58% of the samples. This rate goes up to 73% when patrons are primarily children. Detection of E-coli signifies that swimmers introduce fecal material in the water either by washing off of their bodies or because of a diarrheal fecal incident. The latest is the most dangerous because it increases the risk for pathogen transmissions. Other very common germs brought by fecal material in pool or water play areas are Cryptosporidium or Crypto, Giardia, Shigella and Norovirus, according to the latest Surveillance for Waterborne Disease Outbreaks and Other Health Events Associated with Recreational Water Summary.

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The average profit margin for a hospital to treat an infected patient is $ 55,000 while the margin to treat a similar patient without infection is just $ 6,500 according to a recent study from The Johns Hopkins University School of Medicine published in the American Journal of Medical Quality.

Hospitals lose on average $14,000 per patient when the bill is paid by Medicare or Medicaid but when the bill is paid by private insurance the hospital makes on average a margin of $216,000 per patient before expenses.

The study demonstrates that it is in the financial interest of private insurers to help hospitals find ways to reduce the number of CLABSI infections.

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Severely injured women are 21% less likely to receive appropriate care in a trauma center than men. Results are similar for women injured after a fall or a car accident, across all income levels and also when comparing rural versus urban patients according to a study , led by Andrea Hill, MSc, PhD, a post-doctoral fellow at the Sunnybrook Health Science Centre and the University of Toronto in Canada, and presented yesterday at the American Thoracic Society International Conference .

The researchers studied more than 98,800 patients admitted to trauma centers for severe injuries. Results show that 49.6% of women and 63.2% of men received care after being severely injured.

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Raechel and Jacqueline Houck died driving a rental car that had been recalled for a power steering hose defect but had not been repaired. The car caught fire because of the defect while traveling on the highway, causing a loss of steering and a head-on collision with a semi-trailer truck.

To make sure this tragedy is not repeated, U.S. Senators Charles E. Schumer (D-NY), Lisa Murkowski (R-AK), Barbara Boxer (D-CA), and Claire McCaskill (D-MO) have introduced a bill that would ban rental car companies from renting cars that have been recalled by manufacturers. The bill is named in memory of the two sisters who tragically died in a rental car that had been recalled by the manufacturer but wasn’t repaired by the rental car company (see picture).
Hearing in the Senate is planned for May 21st.

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Methicillin-resistant Staphylococcus aureus (MRSA) infection is caused by a specific staph bacteria that is resistant to antibiotics and therefore very difficult to treat. If not diagnosed on time MRSA can be life threatening. MRSA is a major concern for hospitals where the superbug can attack older patients or those suffering from weakened immune system. Patients necessitating medical tubing such as intravenous line or catheters are also at risk as well as patients staying in nursing homes. MRSA is also an issue in child care centers, military camps and jails.

There is an urgent need to find therapeutic ways to fight this superbug. In research appearing in the Journal PLOS ONE , Shelley Haydel, a researcher at Arizona State University’s Biodesign Institute demonstrate that particular metal ions attached to the clay may have the potential to kill MRSA as well as a range of other dangerous pathogens including E-coli. Medical property of clay has been recognized since antiquity when it was used for its wound healing property.

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According to a new study by New York Presbyterian Hospital and Weill-Cornell Medical College presented at Digestive Disease Week® (DDW), usual methods to diagnose and treat gastrointestinal problems are controversial and lead to a high rate of misdiagnosis.

Gastroesophageal reflux disease (GERD) happens when stomach acid or bile flows back into the esophagus from the stomach, causing acid reflux and heartburn. The usual method used to treat this condition is to submit the patient to an eight eight-week trial of proton-pump inhibitors (PPI) and then to observe the patient to see if symptoms subside.

According to David Kleiman, MD, a research fellow in the department of surgery at New York Presbyterian Hospital, “Many patients remain on proton-pump inhibitors for years after the trial period without any confirmation that they are being treated for the right diagnosis,”. This leads to unnecessary expenses and increased medical risks linked to extended PPI use.

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There is a higher rate of failure to diagnose breast cancer among women who are screened using computed radiography compared to women who are screened using digital direct radiography according to a new study lead by Anna M. Chiarelli, Ph.D., senior scientist in Prevention and Cancer Control at Cancer Care Ontario in Toronto, and published online in the journal Radiology.

The study results show that cancer detection with digital mammography that involves direct radiography technology was similar to that with screen film mammography in women aged 50–74 years; however, for computed radiography the risk of cancer detection is significantly lower-by 21%-among all screening techniques.

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