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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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Approximately half of the patients returning to the ER after being discharged will be rehospitalized. Congestive heart failure, is the primary diagnosis for return emergency department visits with subsequent discharge and subsequent readmission in 30 days. Frequent diagnosis for return to the ER and re-admission include problems with a device, sickle cell anemia and abdominal pain.

“Hospital readmissions within 30 days of inpatient discharge are frequent and costly,” according to Kristin Rising, MD, a fellow in the Center for Emergency Care Policy & Research in the department of Emergency Medicine in Penn’s Perelman School of Medicine who is the lead author, of “Emergency Department Visits After Hospital Discharge: A Missing Part of the Equation” a new study published in the Annals of Emergency Medicine.

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Car accidents as well as truck and bus accidents, are a common cause of cervical disc herniation especially those during which an abrupt change of speed ocurrs. Seat belts and airbags in cars are designed to prevent this type of personal injury. During a vehicle collision, the weight of the head being moved quickly or violently forward and/or backward produces tremendous pressure on the cervical vertebrae (neck) and can cause the disc to bulge or herniate.

Basically each intervertebral disc has two parts, the annulus fibrosus and the nucleus pulposus. The annulus fibrosus is made up of layers of fibrous tissue. It surrounds the nucleus pulposus and serves as a retaining sheath of dense fibrous tissue which keep the nucleus under pressure. The nucleus pulposus which is retained within the annulus fibrosus has a mucoid character and consistency similar to grissle and acts like a fluid. Herniation occurs when the nucleus pulposus protrudes or ruptures through the surrounding annulus fibrosus.

In this video, Dr Nabil Ebraheim, Professor and Chair of Orthopedic Surgery at The University of Toledo, explains what a disc herniation is and how it affects other parts of the upper body.

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Since 2008 construction workers at Bekset Mansonry (NJ) have been exposed to scaffolding hazards that could have lead to serious injuries and fatal accidents.

Cross%20braces%20prohibited.pngThe construction company was cited for 3 repeat violations (lack of fall protection, use of scaffold cross braces to access the scaffold’s walking and working area and missing toe boards) and 5 serious violations including hazardous scaffolding and lack of proper training on scaffold and portable extension ladder set up.

65 percent of the construction industry, work on scaffolds frequently. Protecting these workers from scaffold-related accidents would prevent 4,500 construction accident injuries and 50 deaths every year, at a saving for American employers of $90 million dollars in workdays not lost, according to OSHA.

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BR.jpgOur Partner, Ben Rubinowitz will chair the New York State Trial Lawyers Association Seminar Successful Examination of Expert Witnesses 2013 to be held on April 23, 2013, 6:00 PM – 9:00 PM. The Seminar will be held at NYSTLA, 132 Nassau Street, 2nd Floor, New York, NY 10038. Attendees will receive 3 CLE Credits in Skills. The Seminar will cover:

– Direct and Cross of an Orthopedist, Direct of a Radiologist, Cross Examination of the “Independent Medical Examiner”, Direct and Cross of an expert in a Medical Malpractice case,the effective use of Exhibits, How to deal with problem areas including the pre-existing injury, the professional testifier, the non-responsive expert witness, use of authoritative texts and the hypothetical question.

For more information and to register click here.

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Our Partner Richard Steigman was the chair for the annual New York State Trial Lawyers Association Seminar CPLR 2013 Update. Hon. Ariel E. Belen, Justice, Appellate Division, Second Department (retired) Mediator,JAMS was also on the faculty. This seminar provided an in depth review of new developments, including practice tips and pitfall warnings that are invaluable for the civil litigator.

In the video below you will find an extract from the seminar. The complete course can be found for CLE credit at the online store of the New York State Trial Lawyers Association

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In 2009, 21% of elderly enrollees in Medicare Advanatge received at least one high risk medication and 4.8% received at least two according to a redent study published in the Journal of Internal Medicine by Danya Qato, a pharmacist and doctoral candidate in health services research at Brown and Dr. Amal Trivedi, assistant professor of health services, policy and practice at Brown and a hospitalist at the Providence VA Medical Center

The study shows that the risk is much higher among residents of the South, women and people living in poor areas. The map below shows the percentage of seniors who received one or more high-risk medications in 2009 by region
Credit: Danya Qato/Brown University

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In this New York motorcycle accident case, our partner, Christopher L. Sallay, won summary judgment on behalf of the plaintiff. Justice Arlene P. Bluth held that plaintiff demonstrated their prima facie entitlement to judgment as a matter of law by establishing that the defendant violated New York Vehicle and Traffic Law Section 1141 when she made a left turn directly into the plaintiff’s path.

To read the full decision click here.

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Use of cell phones or other electronic devices while driving is dangerous and can cause fatal car accidents. Most drivers know this but they still use their cell phones or other mobile devices to text, look at travel directions, check their emails, consult their calendar appointments, surf the web or play video games.

According to the latest National Occupant Protection Use Survey (NOPUS) “Driver Electronic Device Use in 2011“, texting or manipulating an hand held device while driving significantly increased from 2010 to 2011.

The trend is particularly alarming among young drivers and women.

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A new study published in CANCER, a peer-reviewed journal of the American Cancer Society, shows that Amioradone, marketed since 1985 and used for arrhythmia or irregular heartbeats may increase cancer especially for patient using large doses.

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Three recent studies on Traumatic Brain Injury by researchers from the Icahn School of Medicine at Mount Sinai demonstrate that significant opportunity exists to improve intervention and outcomes of TBI.

– An Exploration of Clinical Dementia Phenotypes Among Individuals With and Without Traumatic Brain Injury (Dams-O’Connor K, Spielman L, Hammond FM, Sayed N, Culver C, Diaz-Arrastia R.)

– Mortality of Elderly Individuals with TBI in the First 5 Years Following Injury (Hirshson CI, Gordon WA, Singh A, Ambrose A, Spielman L, Dams-O’Connor K, Cantor J, Dijkers M.)