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 Wrongful Death

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Nail%20Gun%20Injury.jpgNail gun injuries send more construction workers to the hospital than any other tool-related injury. Most injuries are punctured hands or fingers but in some cases the injuries are far more serious and can even lead to death.

To prevent these type of injuries OSHA just created a new Nail Gun Safety web page and a complete guide on Nail Gun Safety that can be downloaded by construction workers directly to their mobile phones in English or in Spanish.

The new webpage offers great links to relevant content from the Center for Construction Research and Training (CPWR) and from the Centers for Disease Control and Prevention (CDC) as well as access to training, regulations and additional resources.

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Failure to diagnose cancer most commonly breast cancer, colon cancer, melanoma, lung cancer and malignant tumors in the female genital tract are the most common misdiagnoses in the primary care setting. The second most common type of misdiagnosis is failure to diagnose myocardial infarction. Failure to diagnose meningitis in children is also among the most misdiagnosed conditions by primary care doctors.

Medications errors such as prescription errors, contraindicated medication, administration errors leading to adverse reactions are the second most common types of medical malpractice committed by general practitioners.

These findings are the result of a computerized literature search that compiled 34 relevant studies mostly in the US but also in Canada and Europe. The complete results of the research, led by Dr. Emma Wallace from the HRB Center for Primary Care Research of the Royal College of Surgeons in Ireland Medical School, in Dublin can be found at BMJ open.

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New%20York%20Wrongful%20Death%20Lawyer%20Howard%20Hershenhorn.jpgOur partner Howard Hershenhorn represents the family of a man killed by falling debris from a historic Brooklyn church in a lawsuit filed on Tuesday alleging that church officials failed to maintain and repair a building they knew had become increasingly dangerous. Howard was quoted in The Wall Street Journal as follows:

” Church officials “knew they had a humongous problem, which they knew could cause injury or death and they did nothing about it,” said Howard Hershenhorn, an attorney for Mr. Schwartz’s family. “They let it linger for a decade and it’s absolutely mind-boggling.”

Mr. Hershenhorn called for a criminal investigation. A spokeswoman for the Brooklyn district attorney’s office said the office would review his request.

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Gross Medical Malpractice related to blood transfusion seems to occur again at Coney Island Hospital in Brooklyn, New York. According to the New York Post, the hospital blood lab was shut down yesterday after a 40 year old man died following a botched transfusion in which he was given blood that had been mislabeled by a lab technician. Today the Daily News reports that an 86 year old lady died after she was given the wrong type of blood on June 9th, just a month ago.

According to statistics the probability for a patient to receive the wrong type of blood is one out of every 14,000 transfusion.

Coney Island Hospital has a history of serious malpractice in handling blood. From 1990 to 1994 the hospital recorded five nonfatal transfusion mistakes. In 1995 , Ira Medjuck , a 30 year old paramedic, agonized for a month before her death after she was given a botched blood transfusion.

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Prostate cancer is is the second most common cancer among men. Delay to treat or failure to diagnose prostate cancer may have fatal consequences but so far it has been difficult for doctors to diagnose how aggressive prostate cancer is. Additionally the role played by the nerves around the tumor was never well understood.

A new study led by by stem-cell expert Paul Frenette, M.D., professor of medicine and of cell biology and director of the Ruth L. and David S. Gottesman Institute for Stem Cell and Regenerative Medicine Research at Albert Einstein College of Medicine of Yeshiva University, Bronx, New York demonstrates that nerves commonly found around cancerous tumors play an important role in the development and spread of the tumor.

This innovative study opens the door to new ways to prevent and treat prostate cancer.

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Alarm fatigue happens when medical workers overwhelmed by constant and loud alarm rings turn down the volume on the devices, shut them off or simply ignore them. These actions can lead to serious personal injury or wrongful death.

As hospitals invest in more and more sophisticated equipment to save lives, nurses and other hospital workers especially in Intensive Care Units have to deal with the constant and sometimes very loud ringing of alarms during their shift. A recent study estimated that the average number of alarms that sounded per bed per day in one ICU was 771. This is obviously more than staff and patients can take and hospitals have to make a priority of reviewing their alarm system or they may risk loss of their accreditation.

In a very interesting article, Lena H. Sun from the Washington Post, gives an overview of recent Medical Malpractice cases related to Alarm Fatigue and what measures are being taken by hospitals to address this growing medical concern.

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A 61 year old man was crossing the road when a NYPD van hit him. The accident took place on Broadway at Hooper St. under the elevated J line in Williamsburg, Brooklyn, New York. The poor man was declared dead when he arrived to the hospital.
Read the story in the Daily News

 

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Failure to diagnose a heart condition may be medical malpractice that can lead to death. Conventionally used indicators to diagnose heart failure show potential for cardiovascular injury but do not provide adequate risk control for those at higher risk of heart failure or those newly diagnosed with HF. A study published in the July 3 issue of JAMA shows that collaborative care based on peptide level screening reduce the combined rates of left ventricular systolic dysfunction, diastolic dysfunction, and heart failure as well as emergency cardiovascular hospitalizations.

Heart failure happens when the heart cannot pump enough blood and oxygen to support other organs.This serious condition is affecting 5.7 million Americans every year. It costs the nation 34.4 billion every year in health care services, medications, and lost productivity. Diseases that damage the heart including coronary heart disease, high blood pressure, and diabetes-are common causes of heart failure. Smoking; being overweight; eating foods high in fat, cholesterol, and sodium; and physical inactivity also increase the risk of developing heart failure.

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A construction worker suffered fatal injury on Governor’s Island, New York. He and his son were standing next to a forklift that was unloading a heavy sewer pipe when a strap securing it broke. The 6000 pound pipe crushed the man to death in front of his son.

Read full story in Daily News.

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Failure%20to%20diagnose%20sepsis.jpgDelay to treat or Failure to diagnose Sepsis may lead to the loss of multiple organs and ultimately to death. Every year 500,000 Americans will be hospitalized because they suffer from severe Sepsis and 250,000 will die from it. Sepsis is a condition that is usually triggered by a bacterial infection of the bloodstream. Early diagnosis is key to preventing mortality. Thanks to a new automated diagnostic test developed by a team of researchers led by Nathan Ledeboer from the Medical College of Wisconsin (MCW), USA, sepsis could be diagnosed much faster and many lives could be saved.

The study is published this week in PLOS Medicine.

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