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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Hospital watch list 2017As healthcare evolves so does medical malpractice. The ECRI Institute just published its 2017 Top 10 Hospital C-suite Watch List. Here are the top 10 issues and technical challenges faced by hospitals in 2017.

  1. LIQUID BIOPSIES

    Liquid biopsies are tests using patients liquids such as patients’ blood, urine or plasma rather than tissues. They are easier, cheaper and less risky than needle or surgical biopsy of tissues. Mostly used for patients with cancer, these types of biopsies are the new trend but they are so new that their reliability  is still questionable.Hospitals using these tests need to set up a solid genetic test clinical utilization process to  mitigate diagnosis error.

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Construction_Accident31 people died in construction accidents in New York over the last 2 years. Injuries from construction accidents recorded by the New York City Department of Buildings increased by 250% from 2011 to 2015.  The recent construction boom in the city has contributed to this increase in hard hats deaths and injuries.

In a recent opinion in the New York Times, Dominique Bravo, director of Pathways 2 Apprenticeships, expressed his outrage at the laissez-faire attitude in regards to safety regulations in the New York construction industry. Bravo notes that while the number of construction permits issued by the DOB increased by 18% between 2100 and 2014 the number of OSHA inspectors in New York State decreased by 13% during the same period of time. They are only 71 OSHA inspectors for the entire State of New York.

INADEQUATE FALL PROTECTION IS THE MOST COMMON VIOLATION

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Trasnportation Alternatives logo9 people including 7 pedestrians and bicyclists died in NYC car crashes in the first 10 days of 2017. In a recent statement, Paul Steely White, the Transportation Alternatives Executive Director, expressed his outrage and asked the city of New York to accelerate street redesigns. He also wants the New York police to change their attitude and be more accountable.

In his statement, Steely White, noted that 7 of the 9 fatal crashes occurred in locations that have been previously identified by Vision Zero as “priority areas”.  Transportation Alternatives asks the city to allocate immediate funding to redesign these high crashes locations.

Steely White also expressed his outrage towards NYPD investigators behavior. The  NYPD has a horrible habit of blaming the victims and exonerating drivers. For example, the driver of the box truck who fatally struck Rafael Nieves last week and left the scene of the accident was let go without his case being referred to the district attorney (see previous blog). The police also didn’t charge the driver who killed 43 year old Marlon Palacios. The driver told the police his leg had become stiff and got stuck on the accelerator.  The police have the power to act as a judge and a jury while a court should make such decision.  Additionally  the police are supposed to deter dangerous driving in New York City but they often blame the victims and let go reckless drivers.

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A woman died from her injuries after being struck by a car at a Long Island gas station. 62 year old Rosalie Koenig, was pumping gas when an out of control car crashed into the gas station. Koenig was pinned between the pump and her car. The reckless driver, 53 year old Renee McKinney, lost control of her vehicle after she overdosed on heroin. She was arrested by the police and charged with driving while impaired by drugs. Koenig was transported to the hospital with critical injuries. She died the following day. The accident happened at a gas station located on William Floyd Parkway in Shirley, Long Island.

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  • A 13 year old pedestrian was injured in a NYC car accident  last Thursday. Gittie Hershenbaum was waiting  for her school bus on a sidewalk when a car jumped the curb and hit her. The driver who was working for Uber, suffered a cardiac arrest and lost control of his vehicle.  The accident took place at the intersection of 55th street and 18th Ave in Borough Park, Brooklyn. A video surveillance shows the girl landing on the hood of the car after being struck by it. The impact was extremely strong. The parents told The NY Daily News that girl was probably saved by her backpack that was full of books and acted as a cushion as she landed with her back on the car. She suffered a fractured leg. The driver of the car was transported to the hospital in critical condition.

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37 pedestrians and one bicyclist were among the 50 victims who died in NYC traffic accidents last fall (September, October, November).  This is 15 less accident fatalities than in the fall of 2015,  21 less than in the fall of 2014 and 34 less than in the fall of 2013. Since 2013, the number of people dying on the road has been decreasing each fall in the city.

While less people are dying in NYC car accidents, more are getting injured. After recording a decline in 2014, the number of people injured in traffic accidents during the fall months went back up slightly in 2015  and reached its highest in 2016. 15,480 people were injured in traffic accidents in New York City during the 3-month period of September, October and November  2016 compared to 13,693 during the same period of 2015, 13,350 during the same period of 2014 and 14,449 during the same period of 2013.

The total number of motor vehicle accidents in New York City is continuing to rise as well.

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Rubinowitz-Ben-B_12d7428b-27a7-4195-bebc-7788dce43088photo__2573607_christopher_donadioOur NY personal injury law firm is proud to announce that our attorneys Ben. B. Rubinowitz and Christopher J. Donadio obtained a $5 million settlement during trial involving a pedestrian injured in a van accident that occurred in Manhattan.

The case involved a New York City Department of Transportation van that struck and ran over the plaintiff on February 15, 2013 at the intersection of 6th Avenue and 31st Street in Manhattan.  The plaintiff, Hui Sang Park, was a college student on her way to class when she was hit by the van within the crosswalk. Following the collision, the driver of the van, city employee Richard Brooms, admitted to police officers at the scene that he never saw Ms. Park before he struck her and that he had no idea where she came from.

Ms. Park was taken from the scene by ambulance to New York Presbyterian Hospital. At the hospital, she was diagnosed with severe injuries including a comminuted open fracture of the tibia and fibula, a tibial plateau fracture, pelvic fractures, a sacral fracture, a right wrist fracture and a fracture to her shoulder. In addition to her fractures, while in the hospital, Ms. Park developed compartment syndrome in her lower leg, requiring an emergency fasciotomy. In addition to the fasciotomy, Ms. Park underwent multiple surgeries, which required the insertion of hardware in her leg, knee, pelvis and wrist.

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accident sceneA  NYC pedestrian was fatally struck by a dump truck. A bicyclist died after being clipped by a box truck. A pedestrian lost his life after being hit by a car. All 3 accidents occurred in Brooklyn Monday afternoon.

85 year old Rafael Nieves was walking back home from a trip to the supermarket around 1pm in Williamsburg. As he was crossing Grand Street near Lorimer a dump truck ran over him. The driver didn’t even stop. The police located him later on. According to their investigation the truck driver didn’t know he hit someone. Nieves, a Puerto Rican military veteran leaves behind him two children and five grand children.

A few hours later, around 4:45 pm, a 70 year old bicyclist died after being hit by a delivery truck. Iosif Plazinsky was riding his bike on Avenue X near Coney Island Ave. The bicyclist was hit twice by the truck. After the first collision he lost balance and fell. Then the truck veered to the right and struck him again. Plazinsky was rushed to the hospital but he couldn’t be saved. The truck driver stayed at the scene of the accident. Plazinsky was a retired construction worker from Odessa. He lived in Brighton Beach with his family. He had 3 grand children and one about to be born.

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nypd-chaseAn elderly woman was injured in  a car accident in New York City on Tuesday. The accident was caused by two police officers who were chasing a robbery suspect. The police officers received a radio order to stop the pursuit but ignored it. They continued to chase the suspect on Graham Ave, a busy Williamsburg street in Brooklyn. During the pursuit, the suspect lost control of his vehicle on Myrtle Ave. He hit two police cars and jumped the curb. He struck a 71 year old woman on the sidewalk. The woman and two other police officers were injured and transported to the hospital. According to witnesses talking  to the NY Daily News, it’s a miracle that no other pedestrians were hurt.

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After a young bicyclist was struck by a car in New York City, the Court of Appeals held the city of New York liable for failing to install traffic calming measures in a street the city knew was dangerous. The Court of Appeals decision  is related to a crash between a bicyclist and a car that occurred back in 2004  on Gerritsen Avenue in Brooklyn, NYC.

On December 5 2004 around 6:30 pm, 12 year old Anthony Turturro was riding his bike on Gerritsen Avenue. At the time of the accident, Gerritsen Ave was a four lane avenue with two lanes of traffic going in each direction.  As he was attempting to cross the avenue at mid-block, the young boy was struck by a car. The driver, Louis Pascarella, was speeding. The police investigation established that when the crash occurred, the driver’s speed was 54 mph, 24 mph over the 30 mph speed limit at this location. Turturro suffered serious injury. The driver pleaded guilty  to assault in the second degree.

RECKLESS DRIVING AND SPEEDING

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