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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missing hospital patientTo let a dementia patient wander out of a hospital in New York constitutes medical malpractice that can result in serious injury and in some cases the death of the patient.

On Monday, Mt Sinai Roosevelt Hospital located on 10th Avenue in Manhattan called the police after they discovered that one of their patients with dementia eloped from the hospital. 58 year old Nilsaida Smiley, a hospital patient who has been there for the past year, wandered out of the hospital barefoot in a red t-shirt and blue pajama bottoms. The police are now asking New Yorkers to help them to find her. The woman is 58 years old, 5-foot-3 and 115 pounds. She is black with brown eyes and black hair. Anyone who saw her can call the Police at 800-577-TIPS. A dementia patient who gets lost in New York is at high risk of injury or death from falls, accidents and exposure.

According to a report from the Alzheimer’s Association, approximately 35% of the hospital population has some type of dementia. Wandering is a common habit for people with Alzheimer’s or dementia. It is the hospitals responsibility to keep them safe and prevent them from elopement. If a loved one suffers from dementia and needs to be hospitalized make sure that the hospital has a specific policy and rules in place. Hospitals who are effectively  protecting their most vulnerable patients will usually have the following:

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A pedestrian was fatally struck by a sanitation truck in New York yesterday morning around 6:00 am. The pedestrian, a 55 year old woman had the right of way. She was crossing First Avenue in the crosswalk with the walk sign on when she was struck by a sanitation truck driver who was making a left turn from 92nd Street onto First Ave. After the accident the police indicated that the victim was injured but conscious. She had a deep cut on her forehead and she also complained of leg and wrist pain. She was taken to the hospital where she was pronounced dead 20 minutes later.  She may have suffered fatal internal bleeding.

The driver of the sanitation truck stayed at the scene of the accident. So far he hasn’t been arrested or charged. Under the Right of Way Law, New York drivers injure or kill a pedestrian who has the right of way can be criminally charged.

MTS rampResidents of Yorkville had long predicted that such an accident would happened when in 2014 they tried to oppose the construction of the East 91st Street Marine Transfer Station, a massive garbage site visited by hundreds of garbage trucks every day.

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Multiple cases of medical malpractice committed by several doctors including 3 neurosurgeons almost killed a patient according to a recent article written by Sandra Boodman in the Washington Post. Brad Chesivior from Maryland almost died after several doctors failed to diagnose a brain bleed. When a neurosurgeon finally made the proper diagnosis, the acute subdural hematoma that he was suffering from was as large as the size of an adult’s palm and was threatening to kill him. According to the neurosurgeon who made the proper diagnosis, Bard had probably no more than 24 hours to live and needed immediate surgery.

In the article the author describes how multiple doctors misdiagnosed the 60 year old man to the point that he almost died. The first significant symptoms appeared just after Thanksgiving 2013. Chesivoir suddenly became very weak and unable to walk. He was transported by ambulance to a Maryland emergency room. As he arrived at the ER he felt better and was able to walk again. The ER staff performed CT and MRI brain scans as well as multiple blood tests.  Doctors thought that he was the victim of a heart attack or a stroke but tests didn not show any of these. They completely missed evidence of multiple bleeds and sent Chesivior home with a diagnosis of headache.  They told him he should consult with his internist.  Chesivior went to see his internist who recommended he sees a neurosurgeon. The neurosurgeon looked at the previous scans made at the ER and missed the bleeds too. Instead she ordered additional tests and scheduled a follow up appointment almost two months later. In between, Chesivior’s headaches got worse. When they got even worse, he consulted with another neurosurgeon as his neurosurgeon was out of town. The second neurosurgeon told him that his problem was a typical migraine and prescribed amitryptiline. A few days later he developed double vision. The neurosurgeon told him it was an adverse effect from the medication and reduced his dose. The problem got worse. Two days later, he went to consult with a ophthalmologist who told his wife to drive him immediately to the ER where a fourth neurosurgeon finally proprely diagnosed the problem and saved him from death by operating on him the following day.

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Tappan Zee Bridge3 men died after their tugboat crashed into a barge at a Tappan Zee Bridge construction site on Saturday morning.

63 year old Paul Amon from New Jersey, 29 year old Timothy Conklin from Long Island and 56 year old Harry Hernandez from Staten Island were the 3 crew members of the  tugboat “Specialist” that sank Saturday morning after crashing into a stationary construction barge belonging to Tappan Zee Constructors . The rescuers were able to find the bodies of Amon and Conklin. Searches to find Hernandez who is presumed dead were suspended sunday night according to The Associated Press.

The accident happened Saturday morning. The “Specialist” was one of three tugboats that were pushing a crane barge from Albany to New Jersey. The “Specialist” was located at the right of the barge while the second tugboat was on the left and the third one in the back. As they arrived at the Tappan Zee Bridge construction site, the “Specialist” hit a stationary construction barge. Before the accident happened, the crew sent a radio message saying “”We are too close. We have to move left,” but it was too late. The tugboat sank 40 feet within minutes with the 3 men on board. The tugboat also leaked into the Hudson some of the 5000 gallons of fuel that were on board at the time of the accident.

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A young woman was seriously injured in a car accident in New York City early morning Saturday.  As she went to help a  drunk driving girlfriend in a disabled car, she ended plunging 30 feet off an highway overpass after being caught in a chain reaction accident. The accident happened as follows.

Around 5:00 am Saturday morning, 22 year old Samantha Maloney who was drunk driving, crashed her car into a concrete median on a Whitestone Expressway  overpass near Grand Central Parkway in Flushing, Queens. The car was left disabled on the right shoulder. Instead of calling 911, Samantha called her girlfriend Victoria Garratt, also 22 years old, to the rescue. Victoria showed up a few minutes later at the scene of the accident.  At the same time Christopher Pierce, an off-duty FDNY EMT who was driving by, stopped his car and offered assistance to the two young women.  According to officials, Pierce parked his car “at an angle” in front of Samantha’s disabled car. As the three of them were waiting for “official” rescuers to arrive, a 38 year old off-duty NYPD lieutenant who was driving by tried to swerve to avoid them but instead he crashed into them. The impact was so strong that it sent Victoria flying over the highway overpass. She landed 30 feet on the road below.  The young woman almost died in the accident. According to the Gothamist she was so badly injured that she may end up paralyzed for the rest of her life. Pierce was also injured in the car accident. His arm was broken. Samantha was not injured but she was arrested for drunk driving. If investigators determine that she caused her girlfriend’s injuries she may be charged with reckless endangerment.  The 38 year old off-duty cop was tested for alcohol and had a 0.02 blood alcohol level which is well below the legal level of 0.08. Investigators will have to determine if he was driving at an appropriate speed.

 

 

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Among the various types of medical malpractice suffered by hospital patients, misdiagnosis accounts for approximately 10% of patient deaths. In a recent Opinion Page from the New York Times, Sandeep Jauhar, a Long Island cardiologist, wants to Bring Back the Autopsy as a weapon to fight misdiagnosis.

With the evolution of medicine and the proliferation of medical tests, autopsy doesn’t seem as essential these days as it was in the past to determine the cause of death of a patient. Before 1971, community hospitals were required to perform autopsies on 20% of their dead patients to earn their accreditation from the Joint Commission. This requirement was dropped after that date. Furthermore in 1986, Medicare considered autopsies financially draining and stopped paying for them. Now an autopsy is mostly considered by doctors as an educational tool.

Recent studies however have demonstrated that despite the medical technological advances autopsy can be a very effective manner to reduce the rate of hospital misdiagnosis.  In his opinion Sandeep Jauhar suggests that Medicare and private insurers pay for them again so that financial considerations doesn’t limit their use.

 

 

 

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Vision Zero mapA pedestrian was fatally struck by a van in NYC on Thursday. The accident happened at the intersection of Jerome Avenue and Shakespeare Avenue in the Bronx. The man was crossing the street where the two avenues make a V shape when he was hit by the van. The driver of the van, Danny Telpha, a Bronx plumber, sstayed at the scene of the accident. He said that he never saw the victim. Read more in the NY Daily News

A look at the Vision Zero map, shows that residents have reported speeding and aggressive driving at this intersection.

 

 

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In New York State, 142 bicyclists and 925 pedestrians died in accidents during the 3-year period of 2011, 2012 and 2013 according to the recently released  Alliance for Biking and Walking 2016 Benchmarking Report. The number of bicyclists and pedestrian fatalities increased compared to the 3-year period of 2008, 2009 and 2010. This doesn’t mean however that the streets and the roads in New York are getting more dangerous for pedestrians and bicyclists. A study of the bicyclist fatality rates between 2005 and 2013 shows that the bicyclist fatality rate over the 3-year period of 2005, 2006, 2007 was 13 fatalities per 10K biking commuters compared to 9 on average for the 3-year periods of 2008-2010 and 2011-2013. For New York pedestrians the sames rates were respectively 6, 5 and 5.

Even though these rates indicate that the roads of New York have gotten slightly safer, New York State’s bicyclist fatalities as a percentage of all traffic fatalities is 3% which is the second highest rate of all states in the US behind Florida with 4%. Looking at the pedestrian fatality rate as a percentage of all traffic fatalities, New York has the highest rate of all states in the US with 24%  (click on graph below to see them in a larger size)

bicyclist fatality by state
pedestrian fatality by states
Looking at selected demographics, data shows that in New York State from 2005 to 2013 an average  31% of bicyclists killed in bicycle accidents were Hispanic, 11% were seniors (over age 65) and 15% were youth (under age 16).

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co_detectorA whole family was injured by a carbon monoxide gas leak in NYC early morning yesterday. Initially called for a fall accident, the firefighters arrived to a Flushing home in Queens and found the mother unconscious in the bathroom and the dad circling the apartment and talking in a way that didn’t make sense. One of the two kids was crying. An elderly man was also present in the house. The FDNY checked the house for carbon monoxide and found that the level of CO was at 755 parts per million, an extremely high and fatal level. The family was immediately transported to the hospital to be treated. They are now in stable condition.

The family had recently moved into the Queens house. They hadn’t installed CO detectors which are mandatory in New York City. According to the FDNY, the gas leak was coming from a defective heating unit that was venting CO in the house. The FDNY told the NY Daily News that “some work was recently done to the furnace and it wasn’t done to code”.

Carbon monoxide is a very dangerous gas because it has no smell and no color.  The first symptoms of CO poisoning are upset stomach, vomiting, headache, chest pain, dizziness and confusion. Further intoxication can make people pass out and ultimately die. People who are sleeping or who are drunk may die without even feeling the first symptoms.

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The Obama administration is trying a new system to try to prevent doctors from prescribing expensive drugs to medicare patients when a cheaper similar drug is available.

Doctors who are giving drugs to their patients in their office such as doctors treating eyes, cancer and arthritis are required by Medicare to purchase the drug and then to get a re-reimbursement from Medicare. When Medicare pays them back, doctors also receive an incentive of 6% of the cost of the drug. Therefore if doctors have a choice between a $50 drug or a $2,000 drug they may  tempted to choose the most expensive one to make extra money.

Previous studies such as “Least Costly Alternative: Impact on Prostate Cancer Drugs Cover Under Medicare Part B”   or “Does Reimbursement Influence Chemotherapy Treatment For Cancer”  have shown that the actual Medicare system of reimbursement is indeed perversely encouraging doctors to prescribe the most expensive drug for their patients.

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