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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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
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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.)

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Failure to Diagnose Compartment Syndrome may be medical malpractice.Compartment Syndrome occurs when the pressure within a closed anatomic space (a compartment) becomes so elevated that capillary perfusion is compromised. Any closed anatomic space including the abdominal cavity is at risk of developing a compartment syndrome. Compartment syndrome is a surgical emergency. Surgical decompression by fasciotomy must be performed within eight hours of onset or permanent neuromuscluar damage may result. Failure to properly treat will cause necrosis of the nerves and the muscles in the affected compartment since the increased intracompartmental pressure leads to ischemia and thus loss of blood supply to the nerves and muscles within the compartment. Further complications include Rhabdomyolysis which may lead to renal failure,loss of limb and sometimes death.

The following video from Dr Nabil Ebraheim, Professor and Chair of Orthopedic Surgery at The University of Toledo, explains with great detail:

– What is Compartment Syndrome?

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In New York, as a result of traumatic brain injuries 385 people per day visit emergency rooms or are hospitalized as inpatients. 140,000 New Yorkers are injured every year, that’s 3 times the capacity of Yankees Stadium!

The main cause of traumatic brain injuries are falls and motor vehicle accidents, mostly car accidents but motorcycle accidents as well as bus and truck accidents are also a common cause of traumatic brain injuries. Assault is the third cause of TBI in New York. Other leading causes of brain injuries include bicycle accidents, pedestrian accidents or people struck by or against type of accidents.

Here are some findings based on the most recent statistics from the New York State Department of Health Department

– New Yorkers above 65 year old are the most at risk to fall and be hospitalized for a traumatic brain injury.

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