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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Victims of medical malpractice in New York have 15 months to file a lawsuit against a public hospital and 2 and half years  to sue a private hospital or a physician after a medical error occurred. This rule is unfair to the many patients who only discover that they have been the victim of a medical malpractice after the statute of limitations has passed. For example if a doctor fails to diagnose cancer, it can take several years until the misdiagnosis is discovered. The patient is then left without any possibility to sue and get compensated for the medical error.

Patient advocates strongly believe that the statute of limitations should start at the time of the discovery of the medical error instead of starting at the time of the occurrence of the medical error.

Last week a coalition of 33 organizations sent a letter to Governor Cuomo and the New York State legislative leaders asking them to take the appropriate measures to pass the so called Lavern’s law. The law, named after Lavern Wilkinson, proposes to start  the statute of limitations  at the time of the discovery of the medical error. Lavern Wilkinson died of a curable form of lung cancer in 2013 after being misdiagnosed in 2010.  Lavern was diagnosed with cancer while in terminal phase. The statute of limitations had passed and she was unable to sue for the medical malpractice and get compensated. She left behind a 15 year old autistic child who requires 24 hour attention and care.

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Two New York window washers were left dangling 140 feet in the air after one side of their carriage suddenly dropped. The two men were washing windows on the 14th floor of a building located on Lexington Ave near 99th street when the accident happened.The two men were safely harnessed and didn’t suffer any injury. They were rescued by a team of firefighters and members from the NYPD Emergency Service Unit who were able to pull them to safety through a window. Read more in the NY Daily News

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Metro North Fire AccidentInvestigators found that the massive fire that erupted below the Metro North train tracks in New York last Tuesday was caused by illegally stored gardening chemicals at the The Urban Garden Center. The store located on E. 116th had its storage area between E.117th and E.118th Streets just below the Metro North train tracks. Despite storing large quantities of propane, fertilizers, firewood, soil and other gardening chemicals, the store owners never bothered to  asked authorities for a permit to store flammable material in this location. According to DNA Info if they would have done so the permit would have been denied.  The fire accident happened after employees at the Urban Garden Store Center spilled fuel on a hot generator while they were refueling it. Employees didn’t wait for the generator to cool down before refilling it. They sparked a fire that quickly turned into a massive blaze when it spread to the the flammable chemicals sitting nearby in the the storage area. According to the Gothamist there were at least 20 tanks of propane stored there illegally. The Metro North train services were interrupted until yesterday. Thankfully nobody was injured in this accident. Picture: courtesy of Ben Parkin on Twitter

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3 year old Mariam Dansoko was killed in a car accident in New York at the beginning of the week. Mariam was crossing the street with her mom who was pushing her brother in a stroller. All 3 pedestrians were in the crosswalk when a car made a left turn and fatally hit the little girl who was right behind her mom. According to Streetblog, despite evidence that the driver didn’t yield the right of way, he hasn’t been charged yet. The accident occurred in the Bronx. The car was travelling on Gerard Avenue and made a left turn onto E. 164th Street when it struck the toddler. According to witnesses the driver of the car was going too fast.

Read more in Streetblog

Picture, courtesy of Goggle Map, shows where the car was turning from and the location of the accident

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schoolbus11 people were injured in a bus accident last Tuesday in Queens, NYC. The school bus was transporting several students and a matron. The bus was driving on 167th Ave near 73rd Street in Fresh Meadows when it collided with a car. After the impact, the bus careened off the road and crashed into a light pole. 11 people were injured and transported to nearby hospitals to be treated.  Most people involved in the crash suffered minor injuries except for two people who suffered serious injuries. The bus was operated by Lorinda Enterprises which belongs to the Logan Bus Company.

Read more in the NY Daily News

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jbNew York Medical Malpractice Lawyer Jeffrey Bloom will be speaking at the New York City Bar Seminar “Current Issues in New York Medical Malpractice”. This program features a multi-disciplinary view of the current state of medical malpractice in New York, including regulatory concerns for the admitted professional liability insurers, techniques for judicial intervention in resolving malpractice claims; and recent changes in the law affecting the scope of the duties owed by physicians and hospitals. The program will highlight recent legislative developments and the prospect for further changes in the malpractice liability environment. Jeffrey will be speaking on the impact of the recent and proposed legislative changes on litigation of medical claims.  The event will take place this Monday May 23rd from 6:00 pm to 8:00 pm at 42 West 44th Street, New York, NY 10036. For more information or to register to this event click here.

Jeffrey Bloom is a partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. 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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Last year in New York 14 bicyclists were killed and 4,400 were injured in bicycle accidents. The accidents are often caused by other vehicle drivers who are making the road unsafe for bikers. Cars or other vehicles parked in the bike lane or double parked put bicyclists at a higher risk of accidents.

As part of the Vision Zero Program, the NYPD  chose this week, which is also bike to work week  to launch the“Bicycle Safe Passage” initiative.

During the whole week NYPD officers of all precincts of the 5 boroughs of New York City are cracking down on motorists who are endangering bicyclists. Cars parked in designated bike lanes and forcing bike riders to ride in traffic to get around the parked cars as well as drivers crossing bike lanes illegally or driving on the bike lanes are the main target of NYPD officers.

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New York Wrongful Death Lawyer Howard HershenhornThe widow of David Wichs who was killed by a crane that collapsed on a New York Street (see previous post) is intending to sue the City for $600M. Rebecca Wichs who is represented by our partner, New York crane accident attorney Howard Hershenhorn, filed a notice of claim last week with the New York City Comptroller. Her husband David Wichs was walking on Worth Street, in downtown Manhattan, when a crane fell in the street and killed him. Rebecca Wichs is seeking $550 for wrongful death, $25 million for conscious pain and suffering and $25 million for loss of services.

Rebecca Wichs claims that The City was negligent in the manner in which they supervised the construction site.  It is also claimed The City failed to proprely consider the weather conditions in their decision making process. Knowing about the heavy snow and winds that were forecast for that day, The City should have ordered the lowering and securing of the crane the day before the collapse.

Read more in the New York Law Journal and on CBS News

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Daniel+Pollack-1Many parents who suffer mental illness are still fit to take care of their children.  However in some cases the mental illness of a parent may be such that it may impair the emotional development of a child and his or her physical health. In such cases, the court may restrict parenting time. In a recent article, Daniel Pollack, a professor at Yeshiva University’s School of Social Work in New York City explains how a determination of mental illness or instability may affect affect the court’s decision as to child custody. The article also describes how the court is assessing the mental fitness of the parent. It also explains how difficult it can be for the court to act in the best interest of the child while respecting the parent’s right to privacy and confidentiality and points out how human service agencies can help in providing useful and objective information that will serve the child’s best interest.

The complete article can be downloaded here

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brOur managing partner, New York Personal Injury Attorney Ben Rubinowitz, will be a speaker at the Nassau Academy of Law “Openings and Summations” Seminar. The event will take place Tonight from 5:30 to 7:30 pm at the Nassau County Bar Association, 15th and West Streets in Mineola, NY. David J. Dean from the New York personal injury law firm Sullivan, Papain, Block, McGrath & Cannavo P.C. will speak on Openings and Ben Rubinowitz will speak on Summations. Terrence Tarver, Chair, NCBA Plaintiff’s Roundtable Committee will be the moderator for the event.

To sign up go online, or download a form here

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