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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Failure to provide adequate cyber security in a healthcare facility can be medical malpractice. Last year, healthcare became the most frequently hacked industry in the US. According to a recent ECRI analysis, 90% of healthcare providers suffered security breaches in the past. With attackers spending an average of 200 days in a network it is estimated that 1 in 3 Americans will have his or her health records compromised by hackers in 2016. Every patient breached record costs an average of $363. Cyber attacks cost the healthcare industry yearly an average $6 billion. Last year hackers stole $88.4 million by hacking health records.

Quest Diagnostic, a medical laboratory based in New Jersey but handling tests for many New York City Healthcare facilities just announced that it was hacked. 34’000 patients had their data exposed according to the New York Times.

Health records are the main targets of cyber attacks but medial devices are also being hijacked putting patients at risk of dangerous health incidents. To make sure patients are safe and to avoid negligence lawsuits the healthcare industry has to fight back. Equipment needs to be proprely managed and security patches need to be timely implemented. Network security needs to be reviewed on a regular basis. Vulnerable medical devices must be identified. When reusing an electronic medical device on a new patient, the medical staff must make sure that all previous data are erased.  Requests for Proposals to manufacturers or consultants must be exchanged in a cyber safe manner. New devices or patches that are added to the network must be tested before being released.

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accident sceneA 49 year old man was fatally struck by a car yesterday in New York City. The man was trying to cross the Van Wyck Expressway near Jewel Ave in Queens. The man climbed the median and was about to cross the Northbound lane of the Highway when he was hit by a car. The victim died at the scene of the accident. The driver who stopped after the accident wasn’t charged.  The accident occurred during rush hour yesterday afternoon. Both lanes were shutdown creating a major traffic jam up to JFK airport.  (see video on PIX11)

Earlier during the week, on Monday, 7 pedestrians were injured by a reckless car driver who was fleeing the police in Brooklyn. 20 year old Diego Williams was chased by the police after fleeing a traffic stop. During the chase Williams crashed into a police car and 5 other vehicles. 7 pedestrians were also injured. One suffered severe injury and six minor injury. Williams tried to escape by foot but was captured by the police. (read more in the NY Daily News)

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A one year old boy died and six people were injured including two severely in a NYC fire accident yesterday morning morning. The fire started in a three bedroom apartment located on the 13th floor of a building located on Mother Gaston Blvd in Brooklyn NYC. Seven people were living in the apartment. Firemen rescued the bay boy but he died an hour later at the hospital. two other people are still fighting for their life and 4 others were injured but expected to survive. They were all transported to a nearby hospital. Read more in Brownsville Patch

Another fire broke at a new wing of the NYU Langone Hospital in Midtown Manhattan. Nobody was injured as the building was still under construction. Black smoke and massive flames caused by tar burning erupted from the rooftop. The smoke invaded the entire Kips Bay neighborhood. Read more in the NY Daily News

Yesterday 8 people including two firefighters were injured in a fire that erupted in a Bronx two-story houses (see NY Daily News). As the weather is getting colder in the City the number of residential fires has been increasing these last days.

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e-cigratteA defective e-cigarette battery exploded in the pocket of a man driving his car in New York City, seriously injuring him. 24 year old Ricardo Jiminez  suffered a large second-degree burn on his thigh and right hand after the e-cigarette exploded in his jeans pocket. At the time of the accident, Ricardo was driving his car. As he felt heat in his pocket he put his hand in his pocket to take the battery out. At the same time the battery exploded. Smoke invaded the car. Quickly Ricardo put the car in park, jumped out of it and removed his pants. As he was doing so a police officer saw him and called for an ambulance.

Another man was burned by a defective e-cigarette battery in New York around two weeks ago. The man was working at a wine store in Grand Central Station when the accident happened.

Recently, an increased number of people have been severely burned by exploding E-Cigarette batteries all around the world. The explosions are usually caused by poorly manufactured lithium-ion batteries. Lithium-ion batteries are used in many electronic consumer goods. While many e-cigarettes batteries are produced in China by little known manufacturers, the recent lithium battery explosion also affected large worldwide manufacturers. Recently Samsung had to recall and stop the sale of its latest cell phone after multiple reports of defective battery explosions.  Hover-boards batteries also have led to multiple explosions that sometimes led to the destruction of entire houses.

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fatal truck accident locationA woman was fatally struck by a truck in New York on Friday afternoon. The 57 year old pedestrian was crossing 39th Street and 10th Ave when she was hit by a truck. The truck driver was travelling North on 10th Ave and was making a left turn on 39th street (see picture) when the accident happened.  The driver identified as 28 year old Clyburn Rance stayed at the scene of the accident. He was later arrested by the police.  He was charged with failure to yield to a pedestrian, failure to exercise due care, and failure to adhere to the highway law.

At the beginning of November, a campaign entitled “Dusk and Darkness” was launched in New York City to inform drivers and pedestrians about the increased risk of accidents during fall and winter darkness. During the 3 months following daylight saving time, twilight sets around 4:30 pm in New York City.  Between 5:00 pm and 7:00 pm when most commuters are coming out of work, the streets are already dark. The risk of accidents increases as visibility decreases and a higher number of pedestrians hit the streets of New York City.  Recent statistics show that 6 out of 9 pedestrian accidents during the 3 months following daylight saving times occur after sunset.

The intersection of 10th Ave and 39th street is extremely busy on Friday around 5:00 pm as it is located next to the entrance to the Lincoln Tunnel to New Jersey.

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161 Avenue in Howard Beach Queens, NYC is a quite residential street
3 people were injured in a car accident in New York City on Friday. A 47 year old woman who tried to avoid a collision with another car crashed her SUV into the wall of a Howard Beach House in Queens. A little girl was in the car with her. Both suffered minor personal injury and were treated at the scene of the accident.

A man living in the house was seriously injured by the impact and the debris and was transported to the hospital. He suffered head and shoulder injuries.  The SUV crashed into the wall of the house and went inside it. A big portion of the garage and basement of the house were completely destroyed during the accident.

Read more and see video on ABC News 

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Domino_Sugar_refineryA construction worker fell to his death in New York City on Friday morning around 8:00 am. 59 year old Wilfredo Enrique was working on the facade of  a new residential development when he fell to his death.  Enrique was employed by Two Trees Management and was working on the construction site located on the old site of the Domino Sugar Factory in Brooklyn. After the accident the site was closed and investigators were working on determining the exact cause of the fatal accident.

According to the most recent complaints reported on the NYC Department of Building website, the scaffold didn’t meet the building safety code standard. The worker fell approximately 4 floors from the master climbingwork platform, after Two Trees Management failed to safeguard the platform.  Since the construction started 41 complaints have been filled. The Department of Building issued a total of 27 violations, most of them immediately hazardous. 3 of them were still open at the time of the accident. Among the open violation were the use of rigging equipment by a non licensed rigger and the failure to safeguard all persons and property affected by the construction operations.

The accident occurred just a few weeks after the death of two other NYC construction workers in Queens (see previous blog). According to Union representatives, Enrique is the 29th construction worker who died over the last two years in New York City. The boom in the construction sector in New York has led to an increase in construction jobs in the city. In 2015, the New York Building Congress recorded 138,200 construction jobs, the highest in 40 years.

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Building at 720 Hunts Point2 sisters died from burns after a radiator exploded in their apartment in the Bronx, New York City. 1 year old Scylee Ambrose and 2 year old Ibanez Ambrose were sleeping in their bedroom when a radiator valve blew off. The entire room quickly filled with hot steam. The two girls were rushed to the hospital but they couldn’t be saved.

The explosion occurred wednesday afternoon in a building located at 720 Hunts Point Avenue in the Bronx. The building shelters 5 homeless  families. It is run by the Bushwick Economic Development Corp. As part of a city program called cluster-site, five families are living in this building. The rent is paid by the city until the families can find permanent housing. The cluster-site program has a bad reputation. Many of the units housing families in this program are among the worst maintained and the most poorly monitored properties among all NYC shelters. Last year a report published by the Department of Investigation found “a lot of dangerous conditions at clusters”.

The building in which the accident happened has received 60 complaints form the Department of Buildings.

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location of the accident 6th Ave and 47th StreetA woman riding her bike was hit by a van in Midtown Manhattan. The 56 year old woman was riding a Citi Bike near the intersection of W. 47th street and 6th Ave around 9:30 am yesterday morning. The van driver hit her and continued his way dragging the mangled bike under his vehicle. Two counter-terrorist cops saw it and immediately ran to the rescue.  While one of the cops was chasing down the van, the other one took care of the victim.  The woman suffered a very bad injury to her legs. According to witnesses, bones were visible in the knee area. The driver stayed at the scene of the accident. It is not clear why he didn’t stop immediately after hitting the woman. So far he hasn’t been charged.

Read more in the NY Daily News 

Picture: the busy location of the accident, courtesy of Google Maps


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constructionLast September we wrote a blog about a third of NYC construction accident deaths not being counted or investigated by the city. After Crain’s reported this continuing problem, Mayor de Blasio acted in a very nonchalant manner and brushed off the issue. Unions workers were outraged by his attitude.

Among the multiple deaths that the city didn’t count or investigate last year was the death of Alton Louis, a construction worker employed by CRV Precast. Alton Louis collapsed and died during the summer of 2015 after the subcontractor failed to implement a heat stress program and had him working a full shift during a day when the temperature reached 105 degrees. CRV precast was cited by OSHA for the death of the construction worker, but neither the NYC Department of Buildings nor the NYC Department of Investigation investigated the company. CPR was fined $6,300 by OSHA for the death of Alton Louis while the City looked the other way.

Two weeks ago, two construction workers died in Queens (see previous blog). Crain’s reported that one of these construction workers was employed by CVR Precast. The other hard hat who died worked for a firm subcontracted by CVR Precast.