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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Failure to diagnose Marfan Syndrom (MFS) may be medical malpractice that can have severe medical consequences and sometimes lead to death. It can also destroy the lifestyle of individuals and their familes.

In a recent article, Sandra G. Boodman, from the Washington Post, writes about Kevin Songer, a 54 year old man from Florida who underwent heart surgery and endured 50 years of pains and anxiety before a doctor correctly diagnosed him with Marfan Syndrom.

Marfan Syndrom is a genetic condition that affects the connective tissue. It is usually passed from parents to children. Indivuduals suffering from Marfan Syndrom are usually very tall and thin with longer than usual arms legs fingers and toes. Marfan Syndrom can cause dental and bones problems, eyes problems, blood vessel changes, cardiomyopathy, aortic root dilatation, arrhytmia as sometimes lung and skin changes. Even though there is no cure for MFS, early diagnosis can significantly increase the life expectancy of individual suffering from this condition.

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Defective%20Kettle.jpgYou won’t believe how many things can go wrong with this simple kettle: the spout is defective and water can spill posing a burn hazard, the steam can travel up to the handle and burn your hands. Additionally the leaking steam can prevent the kettle from whistling and if all the water evaporates the kettle may actually melt on your stove!

If you recently bought a Chefmate Tea Kettle at Target please stop using it immediately. This defective product has been recalled because it poses a serious burn hazard. For more info visit the Consumer Product Safety Commission website

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New data from New York DOH unveil mortality rates for cardiac surgery by hospitals and by type of procedure. Even though some procedures are by nature riskier than others, New Yorkers suffering from heart conditions should understand that not every hospital offers the same level of safety.

Based on the data provided by The New York State Health Department here are some of the findings:

Valve surgery is the riskiest type of cardiac surgery with a mortality rate of 4.59% for New York State between 2008 and 2010. PCI or Percutaneous Coronary Intervention, sometimes also called coronary angioplasty or coronary stenting is the less risky of all types of cardiac surgeries as long as it is a planned surgery. It becomes riskier when it is an emergency procedure.


The following graphs show the mortality rate by hospital for the various type of procedures. Because some hospitals may deal with riskier cases than others the graphs show 3 types of mortality rates:
Continue reading →

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A taxi jumped a curb yesterday in New York City at Rockefeller Center stricking a British tourist and severing her left leg and severely injuring the other. Her foot was recovered at the scene and doctors at Bellevue Hospital tried in vain to reattach it. The 24-year-old cab driver, Faysal Kabir Mohammad Himon of Queens lost the control of his car during a road-rage duel with a bike messenger. Himon who has a hack license but wasn’t authorized to drive the cab had a history of negligent driving. He was previously involved in a car accident injuring one person in 2010 and had many traffic violation on his record.

For more see Daily News

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If a car, a motorcycle or a small truck is defective, the manufacturer has to initiate a recall campaign to correct the defect by repairing or replacing the vehicle or by offering a refund to the consumer. Despite the manufacturer’s efforts, recall campaigns are not always successful especially when the cars, motorcycles and trucks being recalled are older and are likely to have been resold at least once. Too many vehicles owners are not aware of recalls and continue to drive unrepaired cars, trucks or motorcycles unknowingly exposing themselves, their passengers and other road users to potential accidents, damages or injuries.

Starting next year every owner or potential buyer of a car, a motorcycle or a small truck will be able to check if all recalls related to their vehicle were addressed. The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) just announced its plans to require automakers and motorcycle manufacturers to provide consumers with a free online tool that will enable them to search recall information by Vehicle Identification Number (VIN). Consumers will be able to instantly check if their vehicle is safe and address any defect related issue if necessary.

This new measure is a step ahead to protect consumers from the harm and property damage that can be caused by a vehicle with a serious safety defect.

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Construction%20Accident%20Prevention.pngSafety Programs reduce construction accident injuries and significantly improve productivity and competitiveness according to the 2013 report “Safety Management in the Construction Industry: Identifying Risks and Reducing Accidents to improve Site Productivity and Project ROI” from McGraw Hill Construction.

Nationally two thirds of construction firms are now following fully inclusive safety programs. Most large firms (more than 500 employees) have adopted extensive safety programs while only half of the small firms (less than 50 employees) have reached this level of safety.

The McGraw Hill Construction Report demonstrates that contractors implementing a safety program experience a decrease of personal injuries and an increase in productivity. Half of the contractors using safety programs were able to reduce their project schedule by a week or more. Three quarters of them reduced their budget by 1% or more and a quarter of them reduced their budget by 5% ore more. Adoption of a safety program lead to an increased return on investment (ROI) of more than 1% for three quarters of the construction companies and an increase of ROI of more than 5% for a quarter of them.

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Many bus accidents happen because the bus company was negligent or careless. Defective equipment, poorly maintained buses or not properly trained bus drivers put the life of passengers at risk.

All Nation Coach in Staten Island, New York, a high-risk passenger carrier was shut down yesterday by the The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA). The bus company was the reincarnation of Tichy Express, Inc. that was shut down last year for multiple violations of federal safety regulations.

This action is the 16th out-of-service order issued by FMCSA since the deployment in April 2013 of more than 50 “Operation Quick Strike” safety investigations targeting high-risk passenger carriers.

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product%20recall.pngMillions of toys that contained dangerous levels of lead paint and other toxins as well as dangerous children products have been recalled since the Consumer Safety Improvement Act was signed into law 5 years ago.

This bipartisan legislation made a real difference in protecting young Americans from personal injury and wrongful death.

Read more in Consumer Reports.

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Complications during or after surgery are happening too often at New York City, St Luke’s Hospital. The Hospital scored a low overall surgery rating on the new Consumer Reports surgery safety rating. The safest hospitals in the city to have surgery are Mount Sinai, NYU Langone Medical Center and New York Presbyterian Hospital.

Consumer Reports looked at medicare claims data from 2009 through 2011 for patients undergoing 27 categories of common scheduled surgeries. For each hospital, the results for all procedures are combined into an overall surgery rating.The global ranking is based on who died in the hospital or stayed longer than expected for their procedure. More detail by type of surgery as well as a hospital ranking by state can be found on the Consumer Reports website.

Most common surgery complications are bad reaction to anesthesia, heart problems or surgeon nicking a blood vessel, leaving an instrument inside, or even operating on the wrong body part. Complications can also happen after the surgery. Nationally, 30 percent of patients suffer infections, heart attacks, strokes, or other complications after surgery and sometimes even die as a result.