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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Will SmithA surveillance video shows that Will Smith initially hit the car of  the man who then murdered him in an act of road rage. The surveillance shows Smith’s car bumping into a Hummer. While the hummer’s driver, identified as Cardell Hayes, pulled to the right side of the road, Smith just drove around it and continued on his way. Hayes became enraged that Smith didn’t stop and started to pursue Smith with his Hummer.  Hayes then caught up with Smith’s car and rear ended him, sending Smith’s car crashing into a third vehicle. As Smith stepped out of his vehicle words were exchanged before gunfire erupted. The former Saints player died of multiple gunshots, allegedly fired by Hayes. His wife only suffered personal injury as she was struck twice in the leg. Another senseless act which illustrates the consequences of carrying a gun by people who are not mentally stable.

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renal mass

renal mass in a 3 year olds child

Failure to timely diagnose Denys-Drash syndrome can be medical malpractice that can lead to renal failure and ultimately death. Denys-Drash syndrom is a very rare congenital disorder that affects young children. There are only 150 known cases in the world therefore very little information is available for doctors to diagnose and treat this disorder.

What is known so far is that  90% of the children with this disorder develop a rare pediatric kidney cancer known as Wilms tumor. Undescended testes and severe proximal hypospadias are also associated with this disorder. The Journal of the American Academy of Physician Assistants (JAAPA) recently released an article describing the case of a 3 year old patient affected by this syndrome. The authors Shawn C. Smith,  Barry Chang and Laura Beth Fleming are all from the Cardon Children Medical Center in Mesa, AZ where the patient was admitted.  The article describe how the authors of the article diagnosed the disorder and which treatments were used to treat the patient. The complete article can be found here 

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Jeffrey BloomOur partner, New York Medical Malpractice Lawyer Jeffrey Bloom was quoted in an article about medical malpractice insurance in NY which appeared on Politico New York/Capital New York.com. The article focused on the influx into the New York medical malpractice insurance market of out of state insurers known as risk retention groups. While New York’s carriers are more expensive, they are safer than out of state insurers because they pay into a guaranty fund that acts as a safety net.  If one of them is in trouble and goes belly up, the costs are passed along to the other insurers of the State. Out of state companies also known as Risk Retention Groups (RRGs) do not pay into this guaranty fund. This is one of the reasons why they can offer cheaper rates to physicians than New York insurers.  RRGs are regulated by their home state and not by New York Sate. If a RRG goes under,  in some cases physicians maybe exposed and personally liable for malpractice claims. Because New York can’t regulate these funds it weakens the state’s safety net. Additionally the recent turmoil of Physicians’ Reciprocal Insurers, or PRI, the second largest carrier in the state, is further undermining the market.  Jeff pointed out that the New York  medical malpractice market is not only quite stable but obviously viewed as a potentially  quite profitable market by medical malpractice insurers nationwide.
In addition to trying and managing medical malpractice cases, Jeffrey Bloom is the Co-chair of the Medical Malpractice Committee of the New York State Trial Lawyers Association as well as the Co-Chair of LAWPAC New York, the Trial Lawyers political action committee. In these roles, he works to protect the rights of victims of medical malpractice in Albany with the Legislature and State government.
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Daniel+Pollack-1To avoid children being injured, re-traumatized and abused again it is important that potential adoptive and foster parents be proprely vetted. A proper vetting doesn’t only mean criminal background check identity verification, employment history, character, and residency but also going through the life history of each parent and make sure the information they provided is accurate and complete. In a recent article, Daniel Pollack, a professor at Yeshiva University’s School of Social Work in New York City explains what prospective adoptive or foster parents should expect during the vetting process. The complete article can be downloaded here

In another short article, Daniel Pollack looks at informal parenting. For various reasons some children are being raised by caregivers who are not the parents. Caregivers can be relatives or friends of the parents. Most of the time no lawyers or legal documents are signed between the parents and the caregivers. It is based on a trust relationship. However in some specific cases informal parenting arrangements may need approval from the State. The article discusses these specific cases and can be downloaded here.

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A woman was seriously injured in a car accident early Sunday morning. The accident happened in Norwood, Bronx, NYC. The woman collided with another car as she was turning on the Mosholu Parkway near Webster Ave. Rescuers had to remove the door of the car in order to save her. She was sent to the hospital in critical condition. The driver of the other car was also injured and transported to the hospital.

During the same day, a yellow cab went through a red light and hit another car. The impact sent one of the vehicles careening into a man who was crossing the street in a motorized wheelchair. The accident happened at the intersection of  103rd Street and Broadway in the Upper West Side. The man on the wheelchair flew into the air. He was inured but remained conscious.

Read more in the NY Daily News 

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A van jumped the curb and hit a pedestrian in Midtown Manhattan on Thursday afternoon. The accident happened at the intersection of West 39th Street and Seventh Ave. A witness said the van driver lost control of his vehicle and jumped the curb while pedestrians were running to get out of the way. According to the same witness, the van almost hit a mother with a stroller. The injured pedestrian was transported to the hospital. He suffered serious injury but his life was not in danger. Read more in DNA

source: joshcousinbrand Instagram

picture source: joshcousinbrand Instagram

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21 year old Michael Messina was critically injured after being hit by a car in NYC early this morning. The young man was riding a scooter on Cooper Ave near 73rd Place in Glendale, Queens  around 3:45 am when a car traveling in the opposite direction veered into his lane and hit him.. The car then caught fire but the driver was able to escape safely. Messina was transported to the hospital in critical condition. The driver stayed at the scene of the accident where he was tested for alcohol. The breathalyzer showed 0.71 which is just below the legal limit of 0.8.  Read more in the NY Daily News

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uberNegligent safety practices such as not doing enough while checking drivers backgrounds are putting Uber users’s safety at risk.  The popular car service company just settled a lawsuit that was filed against it two years ago by the District Attorneys of San Francisco and Los Angeles over the claim that the company misled clients on its safety practices and the methods used to screen drivers.

Uber will have to pay $10 million split between the District Attorneys of San Francisco and Los Angeles and another $15 million if it doesn’t comply with the terms of the settlement after two years.

The lawsuit alleged Uber doesn’t do enough to protect its passengers. Drivers are screened by a third party and don’t need to provide fingerprints. Last year third party background checks failed to uncover the criminal records of 25 drivers in San Francisco and Los Angeles.

Continue reading →
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Fatal pedestrian accident locationLast week a pedestrian died in a hit an run accident at the intersection of 21st Street and 3oth Road in Astoria, Queens, NYC. We pointed out in a recent blog related to this accident that the intersection was very dangerous and had no crosswalk.  An article in DNA now indicates that 9 people were previously injured in car accidents. The article also mentions that Transportation Alternative had campaigned for the installation of stoplights at this location but that it was declined by the DOT.  After last week’s fatal accident, the DOT said it would reconsider its decision.  Read more in DNA

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Little Bay ParkA motorcyclist died after he apparently crashed his bike into a tree in Bay Side, Queens, NYC.  According to the the NY Daily News the motorcyclist was found dead on a path in Little Bay Park  by a passing bicyclist. His dirt bike landed several feet away on some rocks near the water. The man apparently lost control of his bike and hit a tree. The cyclist who found him told the News that the motorcyclist may have hurt himself after crashing on the rocks and then walked to the grass and laying on it before he died. Read more in the NY Daily News

 

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