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 Personal Injury

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New York Personal Injury Attorneys Rubinowitz and TorganIn their latest Trial Advocacy column in the New York Law Journal, Personal Injury Attorneys Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, and Evan Torgan of Torgan & Cooper write about the dangers of Social Media, how attorneys are obliged to protect their clients, and that all attorneys must make clear to their clients that once posted the information is forever. The failure to conduct a proper social media check could easily result in a loss. Conducting an appropriate search of all social media platforms has now become mandatory.

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Patient wristbandPatient identification error may be medical malpractice that can result in serious injury and sometimes death of a patient. This type of medical error can happen at any step of a medical process from lab testing to medication administration and even billing.

A special report published by the ECRI Institute reviewed 160 recent scientific searches and publications written on this type of medical malpractice to provide a snapshot of the status of this prevalent occurrence.

The report found patient  identification errors at each of the following clinical contexts:

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hoverboardA 3 year old girl died from her injury after a hoverboard explosion caused a major fire in her apartment in Harrisburg, PA, last Friday night. The hoverboard battery was charging at the time of the explosion.  The girl fell from the second story of her home as she was trying to escape the blaze that was ravaging her apartment. Her two sisters suffered critical burn injuries and her dad as well as a teenage boy who was in the house at the time of the accident, were treated for smoke inhalation. Dennis Voe, a 21 year old  firefighter who was en route to the fire was struck by a car and died from his injury as well.

It is the first time that a hoverboard explosion is directly linked to a fatality. The accident prompted a federal investigation. Previously the US Consumer Product Safety Commission (CPSC) investigated multiple cases of burn injuries related to defective hoverboards. So far investigations have led to the recall of approximately half a million hoverboards with defective battery packs. At least 8 models manufactured in China with defective lithium battery packs were part of the defective models recalled. Despite the many fires and injuries caused by exploding hoverboards many families still buy them and use them.

If you or your children own one of them, you can check the list of the hoverboards recalled by CPSC. However, please remember that owning a hoverboard that is not on the list is not a guarantee that the battery may not be prone to fire hazard.  Do not charge your hoverboard at night when you sleep but during the day in a location where you can keep an eye on it and where there is an extinguisher nearby.

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accident sceneA man who crashed his car in NYC disappeared from the accident scene leaving behind his brother who was critically injured. 21 year old Aidan Cammacho was speeding on Atlantic Ave in Queens, NYC, this morning around 4:15 am  when he lost control of his vehicle. His brother, Angel Camacho from Pennsylvania was in the passenger seat when the accident happened. He was seriously injured after Aidan jumped the curb and crashed his car against a parked car and a tree. The impact was so violent that the front of the car was completely destroyed. While his brother was stuck in the car almost dying, Aidan Camacho hailed a passing car who gave him a ride to Interfaith Medical Center. When the police arrived at the medical center he had already taken off.  His brother was extricated from the car by the EMS and transported to the hospital. The police are still looking for Aidan.

Read more in the NY Daily News

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senior pedestrians3 pedestrians died and another one was critically injured in New York City last Tuesday. The carnage started at 6:00 am in the morning in Greenpoint, Brooklyn. 71 year old Joseph Ramieri was crossing Meeker Avenue between Bridgewater Street and Gardner Avenue when he was struck by a car. He was transported unresponsive to the hospital. He died there. The driver stayed at the scene of the accident and wasn’t charged by the police.

3 hours later, at 9:00 am, 81 year old Carmen Velez was crossing E. Fordham Road when she was struck by a car making a left turn from Hughes Avenue onto Fordham Avenue, Bronx. She was taken to the hospital with severe trauma to her body. She was declared dead upon her arrival. The driver of the car was charged with failure to yield to a pedestrian and failure to exercise due care.

The third fatal pedestrian accident of the day occurred at night in Gerritsen Beach, Brooklyn. A woman in her 50s was fatally hit by a pick up truck at the intersection of Gerritsen Avenue and Whitney Avenue. No charges were filed against the driver.

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A woman suffered critical personal injury after being hit by a MTA bus in New York City. The accident occurred around 9 pm last Monday. 61 year old Aurora Beauchamp was crossing E. Houston Street at Avenue D in the crosswalk  and at the green light when the bus struck her. She was transported to the hospital. Her sternum, ribs hip and pelvis were broken and she suffered internal bleeding. The bus driver was also transported to the hospital for trauma. He was charged with failure to yield to a pedestrian.

It is not the first time that a pedestrian has been hit by an MTA bus at this location.  Just a few months ago, in October 2016, 73 year old Anna Colon was fatally hit by a MTA bus that was turning left from Avenue D onto East Houston.

While looking at the Twitter picture below, one can see that Monday’s accident occurred exactly in the same way: the bus was making a left turn onto East Houston as well.

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Falls_Are_Leading_Cause_of_Death_Map_InfographicEvery year more than 200 construction workers die and around 10,000 are seriously injured after falling on the job in the US. Falls are the number one cause of death in construction accidents. Most of them are preventable. Planning ahead, using proper equipment and being trained for the job are key to prevent falls from scaffolds, roofs or ladders.

For the fourth consecutive year, the Occupational Safety and Health Administration (OSHA), the National Institute for Occupational Safety and Health (NIOSH), the Center for Construction Research and Training (CPWR) and the National Occupational Research Agenda (NORA) Construction Sector Council are joining forces to organize the fourth National Safety Stand-Down to Prevent Falls in Construction.

This awareness campaign will take place all over the Country from May 8th to May 12th. Construction companies as well as contractors and their employees are invited to halt regular activities and organize a workshop to develop awareness on safety measures to prevent falls on construction sites. 

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NYC DOT bike lane porposal Amstedam AvePeople riding bikes in New York City decrease their risk of being seriously injured in a bike accident by 75% when they are using a protected bike lane.  According to a 2014 DOT study, protected bike lanes have led to a decrease of 22% of pedestrian injuries and to a minor decrease of  bicycle accident injuries despite a dramatic increase in bicycle traffic in the city.  Recently a new DOT proposal to extend the Amsterdam Avenue protected bike lane with a painted bike lane above 110 street seems somewhat weak.

The Amsterdam Avenue segment that runs from 110th street to 162nd street is a busy two way 4 travel lane corridor with no bike lanes.  Columbia University, City College of New York, several senior centers as well as various commercial and residential buildings are located on this segment of Amsterdam Avenue.

Speeding, unsafe intersections and the absence of bike lanes are making the avenue unsafe for the community. Between 2010 and 2016, 4 pedestrians died on this segment of Amsterdam Avenue. Between 2010 and 2014 8 bicyclists and 28 pedestrians were severely injured.

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car that hit the bicyclistA 76 year old man was critically injured in a bicycle accident in NYC last Friday. The man was riding his bike North on Colden Street in Queens, New York City.  He was struck by a car at the intersection of Colden Street and Elder Avenue around 5:30 pm. The car driver didn’t stop. He fled the scene of the accident leaving behind a man suffering critical personal injury.

The NYPD is still looking for the suspect who was driving a teal-colored Honda CRV. He was seen fleeing South on Kissena Boulevard from Franklin Avenue.

If you have any information about the suspected hit and run driver you can call the NYPD’s Crime Stoppers Hotline at 800-577-TIPS or for Spanish 1-888-57-PISTA (74782). The public can also submit their tips by logging onto the Crime Stoppers Website at WWW.NYPDCRIMESTOPPERS.COM or texting their tips to 274637(CRIMES) then enter TIP577. Below is a video of the car just before the bicycle accident. Read More.

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OSHA logoWorkers especially construction workers may have a higher risk of getting injured on the job if the Occupational Safety and Health Administration (OSHA) decides to definitely stop releasing enforcement news.  According to a recent article in Fair Warning, OSHA hasn’t published any enforcement press releases since Inauguration Day.

Because OSHA doesn’t have enough inspectors to cover all US workplaces, news releases related to penalties and enforcement of workplace safety are a powerful tool to prevent employers from committing safety violations. Usually the agency releases between 30 and 50 of  these type of announcements every month.  It has been a month and half since Trump was installed as the American President and not one single enforcement news has been released by OSHA. The same happened to the Wage and Hour division of the Labor Department which was previously releasing news on back wages paid to employees. Fair Warning contacted both OSHA and “Wage and Hour” to ask them about this six weeks period of silence but none of them replied.  Despite news releases being halted officials at the Labor Department have confirmed that OSHA inspections are still going on. An explanation for this silence may be the still ongoing and longer than usual transition at the Top of  the Labor Department. However looking at the past, never has such an interruption of news releases occurred during a change of presidency at the White House.

The policy of the Trump administration to fail to release enforcement news regarding unsafe work conditions is clear evidence that the Trump administration is not following through on campaign promises to protect the average middle class worker. Additional efforts to scale back or to delay workplace regulations are under way.  For example two days ago,  the Labor Department just proposed to delay a regulation aimed at protecting construction workers from beryllium, a toxic metal. Things are only going to get worse as evidenced by the proposed cuts for the EPA.