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Articles Posted in Negligence

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Kids_at_daycareIn New York City, too many kids are seriously injured or even die every year because their day caregivers ignore safety regulations and break laws according to a special investigation that is being published Today in the New York Daily News. The newspaper investigated the 11,513 licensed day care centers in the city and found that “The New York City day care system is plagued with terrifying overcrowding and lack of oversight, putting the lives of children across the city in danger.” Over the last 3 years, five children died, 8 suffered serious personal injury in New York day care centers. Additionally 9 kids were reported lost while under the supervision of day care staff.  Adding to the danger are  also the increasing number of illegal day care centers which are operating out of apartments and houses without any license.

According to New York State Law a caregiver can not take care more than 6 children. However because care givers are paid by child most of them ignore this rule and put money ahead of child safety.  Hundreds of complaints related to overcrowding are being filed every year.  Kids don’t have enough space to sleep. They are getting injured because they are not proprely supervised or get lost in parks and play grounds.

According to the investigation, even though the number of negligent day care centers that are being shut down by the city nearly tripled between 2011 and 2015, some day care centers that previously committed gross negligence are still in operation. For example Kathy’s Day Care in Elmhurst, Queens had a special needs child leave the facility without being noticed. The child was found wandering in the middle of Junction Boulevard by a car driver who luckily was able to break in time to avoid hitting him. Kathy received a citation but still continues to operate. Would you feel comfortable leaving your child there?

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A recent accident at the New York Nuclear power plant Indian Point has nearby residents worried about their health and the safety of their water.  New York Governor Andrew Cuomo has ordered an investigation after a tritium-tainted water leak from the plant resulted in an increase of 65,000% of radioactivity in the ground. The New York nuclear plant is located in Buchanan, Westchester, 45 miles away from Manhattan in a densely populated area.  According to Entergy, the plant owner, the radiation hasn’t migrated off-site and doesn’t pose a safety threat.  However Governor Cuomo said in a statement that this last incident was unacceptable and that “This failure continues to demonstrate that Indian Point cannot continue to operate in a manner that is not protective of public health and the environment.”

Read more in the New York Times

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The NYC Department of Health is urging New Yorkers with respiratory symptoms such as cough, chills, fever and difficulty breathing to seek immediate medical attention after 7 people from Morris Park in the Bronx were hospitalized for Legionnaire’s disease. This outbreak is different from the one that occurred this summer in the South Bronx (see previous blog) and that was attributed to Legionella found in the cooling tower of the Opera House Hotel.

The Department of Health is actively investigating this new outbreak. Health alerts have been disseminated and hospital ER’s in Morris park are checking for higher than usual cases of pneumonia. Nursing homes and senior centers are being visited to educate staff and patients about the disease.

Scientists are taking samples of all cooling towers and lab tests are being conducted. So far 7 cooling towers in the area of Morris Park have tested positive and 10 people have been hospitalized. 9 of them are still in the hospital and one has been treated and released. Read more here

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86 cases of Legionnaire’s disease have been confirmed in the South Bronx during the last three weeks. This is the largest and deadliest outbreak of Legionnaires’disease in New York City. The disease which is a severe form of pneumonia is spread through a bacteria that grows in the water. This bacteria has been plaguing New York City cooling towers  for years and there are between 200 and 300 cases reported every year in New York City. New York City residents contract the disease when they inhale the mist of cooling water contaminated with the bacteria. According to the CDC, the number of Legionnaire’s disease cases in NYC increased by 230% between 2002 and 2009. The city’s rate of Legionnaire’s disease is twice the National average. The outbreaks have been happening all around the city for decades especially in poor neighborhoods but so far the city has been neglecting the deadly problem and has no regulations in regards to cooling tower safety.

It took seven people’s deaths in the last three weeks for the City to finally take action and propose legislation to identify, regulate and inspect all  New York City buildings using a cooling tower.  Mayor de Blasio held a press conference yesterday at Lincoln Hospital in the South Bronx. He provided an update on the recent outbreak of the disease and said the new laws will be introduced to the City Council this week.

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Greta GreeneA 2 year old girl who suffered severe personal injury yesterday after being hit by falling debris, died Today at the hospital. Greta Greene (facebook picture on the left) was sitting outside with her grand mother when they were both struck by terra-cotta bricks from a window ledge that fell from the 8th floor of  the Esplanade Manhattan nursing home at 305 West End Ave in Manhattan.

The toddler lost consciousness and nurses from the nursing home tried to resuscitate her. Her grandmother, 60 year old Susan Frierson, suffered severe leg injuries. They were both transported to the hospital where Greta passed away Today.

A protective scaffolding was erected last night on orders on the Department Of Buildings. The DOB is investigating what caused the ledge to fall. It also issued a violation to the Esplanade Manhattan nursing home for failure to maintain a property in a safe and compliant manner.

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A Boltbus that departed from New York to go to Boston exploded on the Massachusetts Turnpike yesterday during rush hours.  The bus driver noticed smoke coming out of the bus, pulled over and immediately evacuated the 47 passengers with their belongings. Shortly after the bus exploded and caught fire. The recasons of the explosion are still being investigated.

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Polack and Lerner83% of women and 32% of males who have developmental disabilities are victims of sexual assault. Adolescent and young adults are the most at risk. Government policy recommends a shift from institution-based care to specialized care provided within the community, where persons with developmental disabilities may have the opportunity to live independently in the least restrictive setting. Transitioning developmentally disabled people from institutions to the community seems to be a positive choice, however there is a risk that the oversight and support care for this vulnerable population in the community may not be sufficient, opening the door to possible abuse and neglect according to an article written by Daniel Pollack a professor at the School of Social Work at Yeshiva University in New York and Jonathan Lerner in Youth Today.

Read the complete article here

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Child abuse and neglect not only have terrible consequences on the life of the victim but also impose a hefty cost on our society.  Some interventions can change these personnally tragic and socially costly outcomes. A new website, Children Adversity Narratives (CAN) launched by Franck Putnam, MD, UNC at Chapel Hill, NC; William Harris, PhD, Children’s Research and Education Institute & New School for Social Research, NYC, NY; Alicia Lieberman, PhD, Sanfrancisco, CA; Karen Putnam, PhD, UNC at Chapel Hill, NC and Lisa Amaya-Jackson, Duke University. Durham, NC provides an in depth analysis of child trauma and adversities and propose to adopt a public health approach to prevent, screen and treat trauma related to child abuse and neglect.

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Janet Hickey, a resident of City Island in the Bronx, NYC, was recovering from  brain surgery at New York Presbyterian Hospital and was transferred by ambulance to Phelps Memorial Hospital, for  rehabilitation. During the trip between the two facilities, the ambulance that was transporting her crashed into a pole in Westchester County. During the accident, the 60 year old woman suffered serious head and neck injuries that left her brain dead. According to doctors who tried to save her after the accident, the woman wasn’t proprely strapped to her stretcher by the Senior Care Emergency Services ambulance staff. Read more in the New York Daily News

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A 63 year old woman suffered serious personal injury after she was hit by a hit and run driver who is still at large. The accident happened Sunday morning at 89th Avenue and 120th street in Queens, NYC.  The driver hit the pedestrian at 89th Avenue and 120th Street in Queens, and sped off on 89th Ave. The police are still looking for the  driver and have released the below video. The vehicle is a dark gray Nissan Pathfinder. The victim was taken to the hospital where she is in serious condition.