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.
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There were less auto accidents in New York City in January 2017 (17,126) than in January 2016 (17,798) but more than in 2014 (15,977) and 2015 (16,597).  Over the years we can observe in the graph below that there are usually less crashes in NYC in January and in February.  These are the months where  traffic accidents are at their lowest of the year in the city. It is a seasonal phenomenon. After the  busy “holiday” months of November and December, January and February are usually slower and colder most probably resulting in less traffic in the city. However, despite the drop in last January, the total number of traffic accidents in the city is still on a rising trend. (click on graph to see full size).

Traffic Accidents in NYC by Month with Trendline
4,383 people were injured in NYC traffic accidents last January compared to 3,624 in January 2016 and respectively 3,449, 3,899 and 3,993 in January, 2015, 2014 and 2013. As mentioned before, the seasonal factor explains the drop of  auto accident injuries in January and February. However despite being much lower than in December, it is the first time that the number of people injured in NYC motor vehicle accidents in January is above 4,000.

Traffic Accident Injuries in NYC by Month with Trendline
The number of injuries are on the rise among all road users category.  There were 21% more drivers, 22 % more passengers, 9% more cyclists and 20% more pedestrians injured    in January 2017 than in January 2016.

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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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accident sceneA pedestrian was fatally struck by a truck in New York City yesterday afternoon. The 81 year old woman was crossing the intersection of Atlantic Avenue and Rockaway Avenue in Brownsville, Brooklyn, NYC around 3:30 pm. She was in the crosswalk when the driver of a delivery truck which was northbound on Rockaway with a green light when he made a left turn and hit her. She was transported to Brookdale Hospital where she was declared dead. The truck driver stayed at the scene of the accident and wasn’t charged. Read more in the NY Daily News. Two other pedestrians have been injured in accidents previously this year at this intersection.

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A NYC drunk driver killed his passenger after he crashed into a divider. The fatal car accident took place on the Williamsburg bridge Thursday around 3:30 am. That night, Amanda Miner was celebrating her 21st  birthday. She was driving back home with her two friends, both NYPD traffic enforcement agents. Stefan Hoyte was driving the car and his friend was in the front seat. Amanda was seating in the back. Hoyte was in the middle of the bridge when he lost control of his vehicle and crashed into the divider. The impact was so strong that the car split in two and Amanda was thrown from the vehicle. She died at the scene of the accident. The two men suffered minor injuries. The driver was taken into custody. He was charged with driving while intoxicated, vehicular manslaughter and criminally negligent homicide.

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Patient safetyAs healthcare providers implement new technologies and therapies every year, they also create unanticipated risks of medical malpractice. The ECRI Institute just published a report highlighting their main patient safety concerns. Below is a list of the top 10 medical situations where patients have the highest risk to be harmed in 2017.

  1. Management of Electronic Health Records (EHR)

    Here are some of the most common risks related to EHR:

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NYCOSH logo236 workers, many of them construction workers died on the job in New York in 2015, according to the most recent numbers from the Bureau of Labor Statistics (BLS). As recent Congressional actions have been pushing for the deregulation of workers safety rules, these disturbing statistics may even get worse.

In an effort to fight back, the New York Committee for Occupational Safety and Health (NYCOSH) recently announced that it has joined a national campaign for workplace safety. Entitled “Protecting Workers’Lives & Limbs” the campaign launched by the National Council for Occupational Safety and Health has already rallied 92 groups across the country.

The goals of the campaign are to make sure that workers health and safety stay a priority and to insure that all workers are protected including illegal immigrant workers. The campaign will work on eliminating disparities, reduce the use of toxic chemicals at work, make sure workers have access to quality medical treatments and fair wage replacement benefits. It will also focus on getting a better count of injuries and illnesses on the workplace as many workers still fear retaliation from employers if they report their injuries.  The complete campaign agenda can be downloaded here.

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New York Medical Malpractice Lawyer Marijo AdimeyGair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is proud to announce that our partner New York Medical Malpractice Lawyer Marijo C. Adimey obtained a $2.5 million unanimous verdict in an Upper Endoscopy case in Queens, New York.

The plaintiff, Elsa Garzon (57), went to Dr. Steven Batash on June 29, 2015 for a diagnostic EGD (also known as an upper endoscopy or esophagogastroduodenoscopy).  Ms. Garzon, of Columbian decent, emigrated to the United States in 2005 to provide a better life for her two children.  While raising her two small children, she learned English, became a resident, and started working as a helper in a local Queens deli.  She eventually became a U.S. Citizen and has continued to work at the same deli for over 12 years, where she is now the head cook.

Dr. Batash recommended an upper endoscopy, followed by a colonoscopy, to address her frequent complaints of abdominal pain.  An upper endoscopy is a screening and diagnostic tool used by gastroenterologists to evaluate the upper part of the gastrointestinal tract.  Upper endoscopy is used to identify ulcers, colon polyps, tumors, and areas of inflammation or bleeding.  Performed under a mild form of anesthesia, a thin, flexible tube with a camera at the tip is used to examine the inner lining of the esophagus, stomach and duodenum (part of the small intestine).  The scope is inserted into the mouth, down the esophagus, into the stomach and then passed through the upper part of the duodenum.   Passage of the endoscope through the duodenum is incredibly important, as improper handling of the scope could cause injury to intestine and to the abdominal cavity outside the intestine.

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train accidents 2016 statistics63% of all train accidents reported by the top 10 US  Commuter Railroads in 2016 occurred in New York City suburbs. The New Jersey Transit logged 21 of them (35%), the Long Island Rail Road 10 (17%) and Metro-North 7 (11%). These numbers were released at the beginning of the month by the  Federal Railroad Administration.

Most human caused train accidents logged by the 10 biggest US Commuter Railroads in 2016  also occurred on The 3 New York Commuter Railroads. Of a total of 33 train accidents caused by human error, 67% occurred in New York suburbs, with 40% of them occurring on the New Jersey Transit.

human caused train accidents 2016 graphThe New Jersey Transit (NJT) which reported 21 train accidents last year represented alone 35% of all the accidents.  The NJT, the third biggest transportation system in the US has been struggling with finance for years. Funds that were supposed to be invested in large development projects were used for day to day operations. As a result, commuters were charged higher fares for overcrowded trains that often suffer delays.

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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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