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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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doctor-and-x-rayMissed and delayed diagnoses are common medical errors that can lead to serious injury and death. This morning the Daily Mail wrote about an 11 year old boy who died from severe bowel obstruction after a doctor misdiagnosed him with constipation and sent him back home. The doctor neglected to send him for an X-ray despite symptoms consistent with bowel obstruction.
Failure to diagnose or delay to diagnose a medical condition occur so often that the ECRI institute ranked this type of medical malpractice its number one concern out of its Top 10 Patients Safety Concern in 2020.

In the US it is estimated that 12 million adults or 1 out of 20 patients are misdiagnosed every year

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new bike path in NYC during covid-19After a rise of almost 50%  of injuries caused by bicycle accidents in New York City between March 2nd and March 9, the New York DOT created two temporary bike lanes in Manhattan and in Brooklyn. The new bike lanes have been installed in the East of Manhattan and the South of Brooklyn where many of the accidents reported at the beginning of this month occurred.

The creation of the temporary bike lines takes place at a time during which the Covid-19 crisis has lead to a significant decrease in car traffic and a boom in bike traffic

Between March 1st and March 11, CitiBike rides increased by 67% compared to the same period the previous year with  a total of 517,768 trips compared to 310,132.  The bike traffic increased significantly on the four bridges connecting Manhattan with Brooklyn and Queens. The New York Times  reports that on March 9, 21,300 bike crossings were reported in one day compared to 14,032 a year before, a 52% increase. The increase in bike traffic resulted in an increase of bicycle accidents injuries all over the city (see previous blog) with many of them occurring near bridge crossings.
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Happy family at homeThe Consumer Product Safety Commission (CPSC) just released  recommendations on how families can make sure nobody gets injured by dangerous products or other hazards while staying at home during the Coronavirus crisis. The agency highlights specific hazards related to children, seniors and the whole family globally.

Fire, poisoning and drowning are among the most common causes of accidents in the house

As families are staying home, several fires erupted in New York City over the last few days. On Saturday, 6 people and a firefighter were injured in a basement fire in Brooklyn including one critically injured and another one in serious condition. This morning two people were critically injured and several others became homeless after a fire ravaged an apartment in the Bronx.
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infant car seatTo protect children from serious head, neck and spinal injuries during a car crash, the NY Child Safety Seat Law requires that parents use a rear-facing car seat for all children younger than 2 year old.
Tests have demonstrated that infants have a head that is heavy compared to the rest of their body and that if they were sitting in a forward facing seat during a collision, they would be thrown forward and as a result suffer more serious injury.

While most parents do respect the law and install car seats for their little ones, previous research from the National Highway Traffic Safety Administration indicates that almost 60% of child seats are not installed properly

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Some hand sanitizers manufacturers are making  false and misleading claims on their label that their products kill 99.99% of illness causing germs.
Washing your hands with water and soap remains the best way to protect yourself from getting Coronavirus. However if you need to use a hand sanitizer in some instances where you can’t wash your hands please make sure that your hand sanitizer contains at least 60% of alcohol.
Hand sanitizers using benzalkonium chloride instead of alcohol  might not protect you effectively despite what they claim on their label according to the Center for Disease Control and Prevention. Using the product might be better than not doing anything but non alcoholic hand sanitizers will not kill the germ but merely reduce its growth.
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https://www.newyorkpersonalinjuryattorneysblog.com/files/2020/03/Bike-Map-Press-Board-Brooklyn-for-Jan.-29.-2020.jpgbicycle accident injuries Brooklyn NYC March 2020Out of the 8o cyclists injured in New York City last week, 38 were injured while riding their bicycle in Brooklyn. That is almost half of the injuries recorded.

Last October in Brooklyn, while inaugurating 1000 miles of protected bike lanes in NYC, Mayor de Blasio said “Vision Zero means making sure people on bikes in every neighborhood feel safe—whether they’re in Boerum Hill, Bath Beach or Bushwick,”.

Sadly the reality is much different.  A quick look at the maps on the left is enough to show that protected bike lanes are dramatically missing in the south part of Brooklyn where 22 of the 80 bicycle accidents occurred. How could Bath Beach cyclists feel safe on their bike while running errands in their neighborhood when the only existing bike lane is the one by the water next to the Belt Parkway?

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roofers are the most at risk of fallingTwo weeks ago a 45 year old construction worker  died after he fell from a roof in Troy, NY. The worker sustained serious injury and was pronounced dead upon his arrival to the hospital. (read more here)

Roofer is one of the most dangerous job in the US

Roofers are the construction workers that are the most at risk of dying in a fall accident.  According to previous statistics between  35 and 40 roofers out of 100,000 die every year in fall accidents. This is 10 times the rate of fatality of the construction industry globally. 75% of roofing fatalities are caused by falls.  Falls are often deadly but when they are not, injuries can be devastating and sometimes result in lifelong disabilities. Traumatic Brain injury is one of the most common injury sustain by roofers in fall accidents. Broken bone injuries can also occur depending on how the worker lands. Broken spine, broken neck, arms, and ribs are the most common as well as broken knees, ankles and feet.

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bicyle accident injuries during Corona Virus80 people were injured in bicycle accidents in New York City between March 9th and March 15th compared to 56 during the same week last year.  This 42.9% increase occurred as more and more New Yorkers make the decision to ride a bike instead of taking the subway during the COVID-19 crisis.

Distracting driving is the number one cause of bicycle accident injuries in New York City

Unfortunately despite significant safety improvements implemented by the Vision Zero program, riding a bike in the city is still dangerous especially for newbies. Among the 80 bicycle accident injuries reported by the NYPD, 38 occurred in Brooklyn, 19 in Manhattan,  11 in the Bronx, 11 in Queens and 1 in Staten Island. Distracted driving and failure to yield were the most common causes of injuries with 33 accidents caused by distracted drivers and 15 caused by  failures to yield.

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11 construction workers died and 586 were injured on the job in New York City last year according to statistics from the NYC Department of Buildings.  Half of the fatalities occurred in Manhattan, 2 in Brooklyn, 2 in Queens and one in the Bronx. No fatalities were reported in Staten Island.  12 construction workers died yearly during the 4 previous years. When looking at these numbers it is important to keep in mind that the NYC Department of Buildings has very narrow criteria to count construction fatalities in the city and an estimated one third of the construction deaths recorded by OSHA in New York City dot not appear in the DOT stats.

Construction accident fatalities NYC 2019
The number of workers injured in construction accidents in New York City last year declined compared to the 3 previous years but was higher than in 2015. 586 construction workers sustained injuries on construction sites in the city last year compared to 761 in 2018, 666 in 2017, 599 in 2016 and 472 in 2015 according to the DOT statistics. Most accidents occurred on Manhattan construction sites followed by Brooklyn, Queens, Bronx and Staten Island. The monthly number of hard hats injured on the job reached a peak in August at 62 and were above 50 during the warm season in May, June, July and September. During all other months of 2019 the number of injuries recorded on NYC construction sites in 2019 was below 50. This is quite an improvement compared to the year before during which injuries almost reached 100 in May and were above 50 every month except for November and December.

onstruction accident injuries in 2019 in New York
Manhattan Construction accident deaths and injuries are still on a rising trend despite a decline in both deaths and injuries last year.  4 construction workers died in Manhattan during the 3 month period of April, May and June and 2 others in October. July and August had the highest number of injuries with 38 workers injured in July and 34 in August.

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Jeff-Bloom2Congratulations to our partner Jeffrey Bloom for being listed as the 19th most politically powerful lawyer in New York in the 2020 Law Power 100. Jeffrey serves as the Co-Chair of the Medical Malpractice Committee and LAWPAC of New York (the Trial Lawyers’ political action committee) for the New York State Trial Lawyers Association.  Gov. Andrew Cuomo described the trial lawyers as “the single most powerful political force in Albany”.

Jeff has been with our firm since he graduated from law school in 1979.  He is recognized as one of the best personal injury and medical malpractice attorneys in New York and has helped his clients successfully achieve numerous multi-million dollar recoveries.  Among his notable cases, he served as lead counsel representing the Estate of Joan Rivers in a medical malpractice action arising from her death following surgery at an ambulatory surgical center. Jeff also specializes in cases of  cancer patients  who have been misdiagnosed. He was instrumental in the 2018 enactment of“Lavern’s Law,” which, for the first time in New York, mandated that the statute of limitations in cases on behalf of cancer patients and their families begins to run when the patient reasonably discovers that he/she has been the victim of malpractice.

A 2020 Law Power 100 Reception will take place tomorrow at The Ainsworth Chelsea in Manhattan.

 

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