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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9 year old Rebecca Ramnarine died and 5 other people suffered personal injury after a reckless driver crashed into the car that Rebecca was riding in with another 11 year old girl and a female driver in Brooklyn, NYC. A third car with 3 occupants was also involved in the crash. According to the media, the driver, 62 year old Kenneth Palache from Long Island, was fleeing the scene of another accident he was allegedly involved in. He ran a red light and crashed into the two other vehicles.

Palache had a suspended license and was arrested for criminally negligent homicide, leaving the scene of an accident and operating a vehicle without a license.

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8 nurses and 9 nursing assistants neglected to provide the most basic care to a disabled patient of a New York nursing home. A hidden camera placed in the room of a 56 year old resident disabled by a neurological disease shows that employees at the Highpointe on Michigan Health Care Facility in Buffalo failed to check on the resident and to dispense pain medication. They failed to give him liquids and they failed to perform incontinence care. The nurses and aids then falsified the documents to conceal their neglect.

Read more in the press release from Attorney General Eric Schneiderman

The Highpointe on Michigan Health Care facility has a below average overall rating of two stars on the Medicare ranking of nursing homes. It is interesting to notice that staffing is above average with 4 stars but health inspection is much below average with only one star.

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A new report entitled “ It’s No Accident, Examining New York’s Workplace Deaths and the Construction Industry” and published by the New York Committee on Occupational Safety and Health (NYCOSH) looks at deaths related to construction accidents in New York.

The reports starts with a list of the names of the 23 construction workers who died on the job in New York last year before providing a comprehensive review of the recent construction fatalities. The report demonstrates that construction has the highest rate of fatality among all industries and that the majority of people dying on the job are immigrants. Age is also an important factor in construction site fatalities: 37% of the workers who died were above 55 year old. Statistics also show that a quarter of the construction workers who died were self employed.

Because there are only 71 OSHA Health and Safety Inspectors in New York State, it is impossible for OSHA to adequately enforce construction site safety standards. Adding to that OSHA penalties are so low that they are not an incentive for employers to make the workplace safer. In 66% of the construction sites that OSHA inspected there was at least one violation of a safety standard. This high prevalence of safety violations in the construction industry is an indicator that many injuries and deaths were preventable.

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Vision Zero is asking pedestrians, bicyclists and motorists to pinpoint dangerous traffic areas in New York City on an interactive map that can be accessed online directly with an email address or through a Twitter or a Facebook account. Pedestrian crash corridors are highlighted in red on the map while all pedestrian fatalities that happened from 2009 till now are indicated by a red square. Unfortunately bicycle accident fatalities are missing on the map. New York road users can share, comment, agree on and pinpoint directly on the map the following type of traffic issues:

– Not enough time to cross – Double parking – Long wait to cross – Red light running – Jaywalking – Poor visibility – Speeding – Long distance to cross – Failure to yield – Cyclist behavior

It is a fantastic tool however there is a risk of distortion. The map was launched a few days ago and we can already see that high poverty areas are typically misrepresented. This can be due to language barriers, less access to technology or maybe less interest in current events. Hopefully Vision Zero workshops in these areas will be helpful in addressing this unbalance. The map shows big areas such as the West Bronx, East Brooklyn and Harlem with with very little activity compared to the rest of the city. Areas of the city where the youngest population live such as Downtown Manhattan and West Brooklyn are the most active areas on the map.

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2008_02_27_Jose_Peralta_01_wikipedia.jpgTo reduce the number of pedestrians injured in traffic accidents and prevent traffic fatalities the 112th Precinct will assign crossing guards at the intersection of Junction Boulevard and the Horace Harding Expressway a dangerous NYC intersection just nearby PS 206, an elementary school.

This is good news for Senator Joseph Peralta who has been calling for crossing guards at the dangerous intersection for more than a year. The school and the parents are relieved.

Read more in the Queens Courrier

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Montefiore%20-%20wikipedia.jpgExcessive waiting time in an emergency room can be medical malpractice. Patients who are coming to an hospital ER with serious personal injury or disease and who have too wait an excessive time have a higher risk to suffer from permanent injuries or to die. At the Montefiore Weiler/Einstein Hospital the average waiting time for the Emergency Room is of 107 minutes. According to Propublica this is the second worst in the entire state of New York. The average wait time in New York is 37 minutes and nationnaly it’s 28 minutes.
Bronx Assemblyman Michael Benedetto will hold a conference Thursday outside the center to push the Montefiore-operated hospital to provide answers to the community.

Read more in the NY Daily News

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A woman died and a man was injured after their car flipped over, hit another car and struck a tree. The passenger, 26 year old Perla Reyes died while the 34 year old driver suffered body and head trauma. The police say speed was probably a factor in the accident. According to NYPD data, unsafe speed is a cited as a factor in an approximately 200 vehicle accidents every month in New York City.

Read more in the New York Daily News

 

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What are the most common medical malpractice claims filed against internists? Which ones have the most chance to be paid? Which ones are the most expensive? A study published yesterday in JAMA Internal Medicine and led by Sandeep S. Mangalmurti, MD, JD, from the Bassett Heart Care Institute in Cooperstown, NY uses data from the Physician Insurers Association of America to analyze 250,000 lawsuits against internists that have been closed between 1985 and 2009 to answer these questions and others.

Diagnostic errors represent 26% of all closed lawsuits against internists, 36% of all paid claims and 43% of the total amount paid for medical malpractice by internists. Among the 8,925 closed claims only 34% of them were paid. The study also highlights that most frequent diagnostic errors claims are error in diagnosing lung cancer, myocardial infarction, colon cancer and breast cancer.

The second most common type of claims filed against internists are medical malpractice claims not related to a medical error but to a breach of care such as a failure to obtain consent or failure of medical equipment or other. 95% of these claims are rejected therefore even though they account for 25% of all closed claims they only represent 5% of paid lawsuits and 5% of the total amount paid toward internists medical malpractice claims.

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Labor Law 240 known as The Scaffold Law protects New York construction workers from elevation related construction accidents. Recently the construction industry and real estate developers have been making another legislative push in Albany to change the law to their advantage. In response to this push, New York Governor Andrew Cuomo said last week in an interview with the Crain’s editorial board that he had no intention to change the law. Cuomo said that changes to Labor Law 240 were not a top priority for business interests or for him.

Cuomo also added that the law couldn’t be changed because of the strength of its supporters, particularly the New York State Trial Lawyers Association. The trial lawyers as well as immigrant rights and community organizations support the law because even though it is not perfect it remains the only way to make sure construction workers are adequately protected from dangerous accidents.

Read the Crain’s article

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A new rule proposed by the FMCSA would allow commercial carriers to use an electronic signature and to store their documents electronically. This new rule would apply to documents that trucking and bus companies are legally obligated to retain but not to forms and documents that have to be submitted directly to the FMCSA. This proposed rule responds in part to the President’s January 2011 Regulatory
Review and Reform initiative and would implement the Government Paperwork Elimination Act (GPEA) and the Electronic Signatures in Global and National Commerce Act (E-SIGN).

Read the complete rule proposal

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