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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medical procedureIn a recent study,  a majority of doctors said they overtreat patients because they fear medical malpractice lawsuits. Not only is this fear exaggerated but also doctors seem to use it as a good excuse to perform unnecessary procedures that are very profitable to them.  For example angioplasty procedures to implant heart stents in patients are among the most overused interventions. Many procedures not only put patients at risk unnecessarily but inflate the nation’s medical bill.

In the study “Overtreatment in the United States” published in PLOS One yesterday, Heather Lyu from the Department of Surgery, Brigham and Women’s Hospital, Harvard Medical School, Boston, Massachusetts, United States of America, Tim Xu, Daniel Brotman, Brandan Mayer-Blackwell, Michol Cooper, Michael Daniel and Elizabeth C. Wick from the Department of Surgery and the Department of Medicine, Johns Hopkins University School of Medicine, Baltimore, Maryland, United States of America,  Vikas Saini and Shannon Brownlee from The Lown Institute, Boston, Massachusetts, United States of America and Martin A. Makary from the Department of Surgery and the Department of Medicine, Johns Hopkins University School of Medicine, Baltimore, Maryland, United States of America, Department of Health Policy and Management, Johns Hopkins Bloomberg School of Public Health, Baltimore, Maryland, United States of America surveyed 2,106 physicians about over treatment. The survey found that according to physicians themselves,  20% of  all medical care provided to patients are unnecessary.  Physicians indicated that they felt 25% of tests, 22% of prescription medications and 11% of procedures were not needed. 85% of doctors  said they were over treating for fear of medical malpractice and 59% because they were pressured by their patients. However 70.8% of them recognize that when they over treat patients, physicians tend to perform unnecessary procedures that are the most profitable to them. Over treatment can cause additional and unnecessary harm to patients  and obviously unnecessary financial burden to patients and to insurance companies. Spine surgery, operations done to narrow blood vessels in the leg or stent procedures are all profitable procedures that are the most often found unnecessary for the patient.

Picture: courtesy of Wikipedia

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Daniel-Pollack-1In a recent article  Daniel Pollack, a  professor at Yeshiva University’s School of Social Work in New York City and a frequent expert witness in child welfare lawsuits  and Cameron R. Getto a shareholder with Zausmer, August & Caldwell, P.C. in Farmington Hills, MI who focuses his practice on representing

nonprofits, health care professionals and human services organizations provides an in-depth analysis of the actual presentation and use of  state child welfare report cards.

While report cards are often useful in providing a good overview of child welfare agencies’ strengths and weaknesses, their condensed content can sometimes be misinterpreted or used unfairly. For example comparisons between States are often misleading because each State has a different methodology to produce its report card.  Politicians and media are big users of report cards. They mostly use the rankings and the grades to support their message. Report cards have also been used very effectively in litigation and the data underlying the report cards have affected court decisions throughout the United States far more than the report cards themselves.

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How many people die from personal injury every year in the U.S.? What are the leading causes of these injuries? How many were the result of a disease? Were these injuries intentional or not? Every year since 2000 the National Center for Injury Prevention and Control and the  Centers for Disease Control and Prevention provide very precises statistics about the type of injuries people suffer in the U.S. They recently released their statistics for 2015 and here are some interesting points:

  • Among the entire population of the U.S., Heart Disease was the leading cause of death in 2015, followed closely by Malignant Neoplasms. More than 23% of the 2.7 million deaths recorded in 2015 in the US were related to Heart Disease and 22% were due to Malignant Neoplasms.
  • 146,571 people died from Unintentional Injury. This number represents 5.4% of all deaths and is the 4th leading cause of death in the U.S. just behind Chronic Low Respiratory Disease. Click on the graphs for full size10 leading cause of death in 2015
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crane in New yorkDespite multiple past crane accidents that have proven that crane operators needed to be trained and certified, OSHA one more time wants to delay the effective date of its new crane operator requirement. The original planned date was in 2014.  This extension follows President Trump’s directive that all federal agencies re-review pending regulations. At a time when the construction industry is booming the number of cranes in use is at his highest and so is the risk of accident. Continuing to delay this rule is putting construction workers and the public at higher risk of accidents especially in New York City which is one of the cities with the highest number of cranes in activity.

The City of  New York however didn’t wait for OSHA to strengthen crane rules. After 38 year old David Wichs was killed in a crane collapse in downtown Manhattan, the city requested a mandatory suspension of crane operations when wind gusts record 30 mph and above. A study was also commissioned and some of the recommendations included the requirement to use modern cranes with anemometers, black boxes and GPS. Our New York Crane Accident Lawyer Howard Hershenhorn represents the widow of David Wichs.

Picture: courtesy of Pixabay

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6 people were injured including 3 seriously in a car accident in Staten Island, NYC on Sunday. A 74 year old driver who was backing out of a parking spot in front of a laundromat, hit the gas instead of the brake and reared back at full speed in the busy laundromat. The storefront was completely destroyed and damages are estimated to be above $20,000. 8 customers were inside the laundromat at the time of the accident. 6 of them were hurt including a pregnant woman who complained she couldn’t feel her legs anymore. She was in a lot of pain according to witnesses. Some of the customers were directly hit by the car and others by the folding tables that came crashing against the washing machines and dryers. The accident was extremely scary.  According to the owner of the laundromat it is not the first time that a car crashed into the storefront. Another car crashed into the laundromat last year according to the owner. See video of the accident below and read more in the Gothamist

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25 firefighters were injured in a fire in New York. 23 of them had to be hospitalized and 2 of them were treated at the scene of the accident according to AM New York. No civilians were injured. The fire started in the lower level of a large Tribeca commercial and residential building located at the corner of Church and Murray at the end of the afternoon last Friday. The FDNY is still investigating the cause of the fire. According to the Gothamist, the fire was ignited in the kitchen of a restaurant located on the ground floor and quickly spread into the duct work and the rest of the building. Heavy black smoke came out of the building and spread through the financial district. The fire that began as a two-alarm fire turned into a 6-alarm one necessitating 200 firefighters to respond.  The Post indicates that the building had 3 unresolved fire safety violations from 8 months ago:

  1. failure to provide a fire-alarm system.
  2. inappropriate fire exit.
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labor-DayThe New York Car Accidents Attorneys at Gair, Gair, Conasaon, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf wish you all a wonderful Labor Day Week-End!

Please be safe on the road as unfortunately there are 11% more accidents on the road during the Labor Day week-end than during a regular week-end.

The National Safety Council estimates that 421 people will be killed in car accidents this Labor Day week-end. Additionally the NSC estimates that 48,400 road users will suffer personal injury requiring medical attention during the same time. These predictions are the highest that the NSC ever issued for the 3 day Labor Day week-end since 2008. Please stay safe and do not text and drive.

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laguardia airportTo prevent New York construction workers from being injured during the redevelopment of the LaGuardia Airport Central Terminal Building Redevelopment Project, OSHA recently signed a strategic partnership agreement with Skanska- Walsh Joint Venture,  the company in charge of the $4 billion redevelopment project. This partnership was signed to ensure enhanced workplace safety and health for the 1,600 workers hired for this gigantic construction project. OSHA partnerships are unique programs during which the agency works  with private companies and organizations to eliminate serious hazards and enhance safety and health practices at the workplace.  According to a recent press release from OSHA, the partnership that includes federal officials, private companies and labor organizations will provide education and training as well as monitoring of workplace safety during the entire  length of the project. As part of the partnership with Skanska, OSHA representatives will be included in meetings, serve as liaison and resources, assist in training, provide assistance on demand and inspect the various construction sites on a regular basis to make sure all safety standards and practices are complied with. “The OSHA and Skanska- Walsh partnership will allow us to focus on preventing work-related fatalities and injuries, and controlling or eliminating serious workplace hazards,” said Robert Kulick, OSHA’s regional administrator in New York. “It will also establish a foundation for effective job site safety and health programs serving approximately 250 subcontractors and their employees at LaGuardia Airport through the project’s scheduled completion in 2022.”

ONLY UNION TRAINED CONSTRUCTION WORKERS

Worker safety has been a top concern for Skanska since the beginning of the project. Among the 1,600 workers  that will be working on the different phases of the project ( finance, design, construction, operation, and maintenance), 1,200 are construction workers. Skanska already announced last May that hired workers will be unionized (See NY Daily News article). The company signed a contract with the Building and Construction Trades Council which will manage the 16 different construction zones. For Skanska USA Building president Richard Kennedy, the contract with the Building and Construction Trades Council should increase safety standards during the LaGuardia Airport Central Terminal Building Redevelopment Project  as all workers will be union trained in the latest standards and practices.

 

 

 

 

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accident sceneTwo people were seriously injured in bicycle accidents in New York City yesterday. One accident occurred in Brooklyn, the other one in Manhattan. In the first accident, a reckless driver slammed into a bicyclist near the intersection of Washington Ave and Willoughby Ave in Fort Green. The impact was so intense that the bicyclist landed on the hood of the blue four-door Subaru that struck him. He then crashed into the windshield as the driver kept on going. The bicyclist suffered critical injury. He was rushed to the hospital. He is expected to survive. The car was found a few blocks away. The police are still looking for the hit and run driver. (Read more in the NY Daily News)

In the second accident, a NYPD cruiser collided with a bicyclist in Manhattan. The accident occurred near Union Square by the intersection of Fifth Ave and 14th Street. The cruiser was responding to suspicious package alert. According to the police the cruiser was traveling at a low speed in the middle of the street with the siren on when their cruiser struck the bicyclist who was riding in the opposite direction. The 43-year old bicyclist suffered head trauma and was transported to the hospital. He was reported in critical but sable condition.The police cruiser stayed at the scene of the accident. (Read more in the NY Daily News)

Also early this morning a 30-year-old motorcyclist died after crashing into the back of a truck delivering bread. The accident occurred on Broadway near Arion Place under the elevated Subway tracks in Buschwick, Brooklyn. The police are still investigating the exact cause of the accident. (Read more in the NY Daily News)

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ACL InjuryKnee injury and  anterior cruciate ligament (ACL) injury  are particularly common among young athletes.  As children are heading back to school, parents as well as coaches should be aware that high school athletes are the population the most at risk of suffering ACL injury.  Recent studies show that the number of ACL injuries in young athletes has been increasing annually by an average 2.3% over the last 20 years. 16 year old female athletes practicing Basketball, Soccer and Lacrosse have the highest risk of suffering ACL tears followed by 17 year old male athletes practicing Football, Lacross and Soccer. ACL injury often requires reconstructive surgery and the recovery takes months.

As young athletes are heading back to school and are getting ready to participate in various sports activity, parents should check with the school or with the coaches if an injury prevention program is included in preseason or season training. According to recent studies these types of programs have proven to be effective in reducing the number of ACL injuries. They usually include plyometric (such as jump training) and balance exercises on top of the traditional strengthening and stretching sessions.  For example during such injury prevention programs young athletes are taught how to properly jump and land in positions that reduce the strain on the knee.

To prevent re-injury, ACL Injury Prevention programs should also be incorporated in return-to-sport training after an ACL reconstruction. According to statistics, young athletes who suffered ACL  tears have a 91% rate of return to sport however 32% of them will suffer re-injury. Additionally sufficient recovery time is crucial as athletes who return too fast to sport have a high risk of re-injuring themselves.

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