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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Harlem Valley Psychiatric Hospital

Picture source: Google Map

A NY developer who exposed construction workers to lead and asbestos hazard during the renovation and the clean up of an abandoned psychiatric hospital Upstate New York  settled with the US Labor Department. As part of the settlement, the developer committed to enhance safeguard for the employees renovating the site and pay a $700k fine.

Dover Greens LLC, formerly known as Olivet Management LLC was cited in 2014 for 45 willfull violations after the company knowingly exposed its own construction workers and the construction workers hired by 13 other contractors  to lead and asbestos hazard while cleaning and  renovating the former Harlem Valley Psychiatric Center in Dover Plains.

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Sunny MaritimeAt least 20 passengers suffered personal injury in a bus accident  in Upstate NY yesterday. The bus was operated by W&D Tour a Brooklyn based bus operator. It was transporting SUNY Maritime students from the Bronx, NYC. They were heading back to New York City after attending a conference  at SUNY College of Environmental Science and Forestry in Syracuse. Slippery road conditions due to earlier snow may have been a factor in the accident. The bus accident happened in the morning around 10:45 am on Route 28N  in Minerav, in the Adirondack Mountains, NY. The bus fell off the side of the road and landed upside down in the woods. 20 people suffered non life threatening injuries. Read more in the NY Daily News

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Elder Justice LeagueElder abuse or elder mistreatment happens anytime a caregiver or a supposedly trusted person (in a nursing home or at home) intentionally causes physical, emotional or financial arm to a vulnerable elder. It is very difficult to determine the extent of this problem as often elders will not or are unable to complain. However as the elder population is growing so does the number of  instances of abuse. A few years ago The “New York State Elder Abuse Prevalence Study” established that  for one case of abuse known to agencies 24 were unknown.

In order to better fight this growing issue, elder justice advocates representing 11 organizations have joined forces together and created the “The Elder Justice League”. Supported by the National Center on Elder Abuse, “The Elder Justice League” wants to raise awareness of elder abuse through social media.  The NYC Elder Abuse Center is part of this league and you can learn more about it on their website.

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Distribution of the maxillary and mandibular nerves, and the submaxillary ganglion. Source: Wikipedia

Facial nerves, Source: Wikipedia

Failure to diagnose a rare disease called trigeminal neuralgia (TN) can be medical malpractice. The disorder can cause pain so extreme to a patient that it has been nicknamed “the suicide disease”.

In a recent article in the Washington Post, Sandra G. Boodman describes the story of a 59 year old man who almost died after a cohort of doctors he visited were unable to make a proper diagnosis.

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A pedestrian was fatally hit by a car in Manhattan on Friday.  The pedestrian was a 76 year old woman who was trying to cross Madison Avenue near 95th street. The car driver was heading north on Madison Avenue when he noticed a parking spot. As he attempted to back his car into it, he struck the pedestrian identified as Mary Jo Myselow. The woman suffered head injury but was conscious when she was found by a police officer lying on the ground. The driver stayed at the scene of the accident. Mary Jo Myselow died from her injuries at the hospital. Read more in the Gothamist

Two days earlier five pedestrians were injured in the Bronx after a driver lost control of his vehicle. The 26 year old driver had a suspended licensed when he jumped the curb at E. Fordham Road and Thiebout Ave in Fordham Heights. He was taken into custody by the police. Read more in the NY Daily News

 

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Decreasing the speed to reduce the number of car accidents resulting in death or serious injury in New York City is one of the top priorities of the Zero Vision Initiative launched by Mayor de Blasio in 2014.  Since November 7, 2014, the NYC’s default speed limit has been lowered from 30 mph to 25 mph and since that date the NYC Department of transportation has been implementing it. The DOT re-evaluated for each borough which streets should have their speed limit lowered to 25mph and which ones should be allowed to keep a 30 mph speed limit.  The DOT posted over 4,700 new 25 mph signs and removed 2,400 30 mph signs. There are still 700 more to be removed. At this point over 5,000 miles of NYC streets have a 25 mph or lower speed limit and over 800 miles of the streets have signs that explicitly indicate that the speed limit is 25 mph.  The DOT also added speed limits in the Vision Zero Map of traffic crashes. Read more in Streetblog

Manhattan Speed limit

 

 

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Two people died and dozen others were injured in an Amtrak train accident that happened between New York and Philadelphia  in the NorthEast Corridor yesterday morning. Train 89, also known as the Palmetto, struck a backhoe, killing the operator of the backhoe and an Amtrak supervisor.  The train had left New York for Savanah, GA around 6:00 am and was near Philadelphia when the accident happened.  None of the passengers died but more than 30 of them were transported to the hospital to be treated for non-life threatening injuries.

A team from the National Transportation Safety Board arrived yesterday at the site of the accident. They started to investigate the reasons why a maintenance crew was working on an active track. In a statement New York Senator Chuck Schumer indicated that it was highly possible that human error was the cause of the accident. He said that the Amtrak’s chairman, Mr Anthony Cosica told him that Amtrak employees have to follow a rigorous 20 step procedure to obtain clearance to place equipment on the track. Schumer added that a possible breakdown in communications between the train dispatchers and the maintenance crew may have been at the origin of the crash.

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brOur managing partner, New York Medical Malpractice Lawyer Ben Rubinowitz will be a panel member at the Medical Malpractice Litigation 2016 NYC Live & Webcast seminar organized by the NYSBA on April 15.   Ben will be speaking on effective methods of deposing the defendant doctor in a medical malpractice case.

This seminar is an excellent opportunity for young and experienced lawyers to keep up to date with recent issues in medical malpractice and to learn trial strategies and techniques from top litigators and distinguished judges. The Agenda includes:

  • Developments in the Substantive Law
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1229 45th streetA 21 year old worker died in a construction accident in Brooklyn NYC. Yesterday afternoon Alex Santizo from Queens was working on the construction site of a two-family townhouse on 45th street near 12th Ave in Borough Park, Brooklyn. He was on the second floor of the house when the roof collapsed. Santizo was hit by debris then he tumbled into an airshaft and landed two stories below in the basement.  The young man died from his injuries at the hospital. Records from the New York City DOB indicate that the building located at 1229 45th street had a total of 11 complaints that all had been resolved before the accident happened. The construction site was also the subject of 13 violations with 7 of them still open.  Read more in the NY Daily News 

Picture source: Google map

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Medical malpractice is on the rise in hospices. Once a place handled by nuns and caring volunteers, hospice care has become a multi-million dollar business handled by not so caring CEO’s who are often putting profits ahead of patient needs.

Recently the FBI busted Brad Harris the 30 year old owner and CEO of a Texas Hospice for instructing nurses to overdose patients.  The Daily Beast  writes that during the course of the investigation Harris texted one of the nurses “You need to make this patient go bye-bye”. Harris who has no medical education also texted another nurse to increase by four times the patient’s medication. In another conversation Harris said “if only this F*** would die”.

Because hospices are paid by the government through Medicaid and Medicare  they receive a cap amount of $27,820.75  per patient. Therefore a patient who stays alive too long is not profitable for a hospice. The incentive is to have more patients with shorter stays. The FBI said Harris spoke about “finding patients who would die within 24hrs”.

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