New York Personal Injury Attorneys Blog

Published on: March 14, 2014

Failure to provide timely diagnosis and properly treat cancer in African American women linked to much higher rate of mortality

Often because they receive a late diagnosis or because they are not properly treated, African American women with breast cancer are on average 40 percent more likely to die than their white counterparts according to a study that was published last week in the Journal Cancer Epidemiology.

The reason for this disparity was that black women were less likely to get a mammogram than their white counterparts and therefore were less likely to be treated on time. However the gap has closed and now the rate of mammography is similar for black and white women.

Today the reason for the higher rate of mortality among black women with breast cancer is related to what happens after the mammogram. According to the C.D.C., even when they have similar insurance coverage, 20 percent of black women with an abnormal mammogram wait more than 60 days for a diagnosis, compared with 12 percent of white women. And 31 percent of black women wait 30 days to begin treatment, compared with 18 percent of white women.

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Published on: March 14, 2014

A new proposal from the FMCSA to replace paper logs by electronic logbooks can help reduce bus and truck accidents related to fatigued drivers and prevent an estimated 20 deaths and 434 personal injuries every year

By GGCRBHS&M

Electronic%20Logbook%20for%20truck%20drivers.jpg Bus and truck accidents related to driver fatigue often happen because drivers have been tampering with the paper logbook by not accurately reporting the time they really spent behind the wheels.

To reduce hours of service violations and decrease the paperwork burden associated with hours-of-service recordkeeping, the Federal Motor Carrier Safety Administration proposed yesterday the use of mandatory Electronic Logbooks for interstate commercial bus and truck companies (dowload proposal here).

The proposal covers all technical aspects of the electronic logbook as well as the costs and benefits for commercial carriers. To protect the drivers from harassment, the device will have the option of being muted or turned down when the driver is in sleeper berth mode.

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Published on: March 13, 2014

2 car drivers and one pedestrian suffered severe personal injury in a car accident on a dangerous street in Staten Island, New York

By GGCRBHS&M

A frontal collision between two cars injured the two car drivers and one pedestrian in Great Kills, Staten Island, NYC. The accident happened on Amboy Road near Sherwood Place. One of the cars apparently swerved on to the wrong side of the road and collided with the other car that was traveling in the opposite direction. The two drivers suffered serious personal injury and a pedestrian who was struck and pinned under one of the cars was in critical condition . Read More in the Staten Island Advance

Amboy Road is a dangerous road on Staten Island. Below is a heat map that shows that every month on average there are more than 10 vehicle accidents on this road. There are also 5 dangerous spots where one auto accident or more happens every month at that specific spot.

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Published on: March 13, 2014

A nurse who physically abused a New York nursing home patient by twisting her arm and fracturing her bone was sentenced to 30 days in jail

By GGCRBHS&M

A nurse who physically abused a patient in a New York nursing home will spend 30 days behind bars with five years probation. She also will have to surrender her certified nurses’ aid certificate. Sarina Francis (picture) who was working for the Hudson Park Rehabilitation and Nursing Center in Albany, NY at the time of the event pleaded guilty to one count of Endangering the Welfare of a Vulnerable Elderly Person or an Incompetent or Physically Disabled Person in the Second Degree in violation §260.32(2) of the Penal Law, a class E felony. As Francis was taking the resident to her room, the elderly woman struck her in the face. In response the nurse twisted the arm of the elderly woman so hard that it resulted in a bone fracture.

Read the Complete Press Release from New York Attorney General Eric Schneiderman.

The Hudson Park Rehabilitation and Nursing Center in Albany, NY ranks among the worst nursing homes in New York in the Medicare ranking with a much below average overall rating of one star only, a much below average health inspection ranking of one star, a much below average staffing ranking of one star and an above average ranking of quality measures of 4 stars.

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Published on: March 13, 2014

New York Hospital may have committed medical malpractice by negligently exposing 4000 patients to HIV and Hepatitis

By GGCRBHS&M

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Nurses at South Nassau Communities Hospital in Long Island , NY may have committed medical malpractice by using the same insulin pen on multiple patients. At this point there is no formal proof that it happened but the warning came after a nurse was heard saying that it was acceptable to use a multidose insulin pen on different patients. To use a multidose pen on different patients is medical malpractice that can have deadly consequences for patients. Even though the pen has disposable needles, it can only be used for one patient because the blood can seep into the insulin cartridge and contaminate the hormone.

After the nurse’s comment was overheard, the hospital contacted more than 4000 patients that had received an injection with a multidose pen to be screened for HIV as well as Hepatits B and Hepatits C.

Months before the New York Gas Explosion tenants were complaining about gas odors but little was done about it

By GGCRBHS&M

The catastrophic explosion that happened in New York yesterday may have been caused by negligence and may have been prevented. Mayor de Blasio said the first warning came 17 minutes before the explosions but Harlem residents say that the mayor’s statement is inaccurate. According to them a strong gas odor had been persisting for months and even though there were numerous complaints little had been done about it. Since last fall residents have been calling 311 to complain about the gas odor. Around Christmas time a FDNY officer visited the premises and reassured tenants that everything was fine… Obviously we know today it wasn’t.

Rescue team finds more victims in New York Gas Explosion

By GGCRBHS&M

After a massive explosion led to the collapse of two buildings in East Harlem, NYC, the rescue team worked all night and found several more dead bodies raising the death toll to seven. More than 60 people suffered personal injury and were treated in nearby hospitals. A 15 year old boy as well as another victim are in critical condition. Residents of adjacent buildings were evacuated and were not able to return home yesterday night.

A giant sinkhole developed in front of the site limiting the use of heavy machinery by the rescuers. According to the investigators the sinkhole was caused by a water main break that may also have played a role in rupturing a gas line. But so far investigators were unable to determine whether the water main broke before or after the explosion.

Click on picture to see what was inside of the two collapsed buildings

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Published on: March 12, 2014

At least three people died and many others suffered personal injury in a gas explosion in New York

By GGCRBHS&M

An explosion in New York injured dozens of people and killed at least three while more than eight are still missing. The explosion was so severe that it sent people flying out the windows. 250 firefighters had to be called to the rescue to fight the blaze that consumed the two buildings that contained 15 apartments, a church and a piano store.

New York County Supreme Court: in the aftermath of the Fukushima Explosion, two class actions seek damages based on product liability against GE

By GGCRBHS&M

Two Summons with Notice have been filed in The New York County Supreme Court alleging that GE’s failure to properly design and maintain the Fukushima plant hurt more than 100,000 people. Lead plaintiff Mitsuru Okura demands at least $3 million per plaintiff and the second plaintiffs Sasaki Body Ltd. and Mihana Ltd are seeking $5 million in damages per class member. If successful these class actions could wipe out GE whose market capitalization is estimated at $260 billion.

Okura claims that GE’s negligence caused the explosion and the meltdown at the plant and that the radiation released from this accident caused class members “personal injury, mental anguish, emotional distress, property damage, business interruption, loss of business, loss of income, economic injuries, and ongoing long-term physical, mental and emotional health problems,”

Read more in the Court House News Service

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Published on: March 12, 2014

Chrysler recalls the 2012-2013 Jeep Grand Cherokee and Dodge Durango for a defective braking system and the 2014 Fiat 500L for a defective transmission system

By GGCRBHS&M

A defect in Chrysler’s Ready Alert Braking system is causing a diminished break pedal feel in the 2012-2013 Jeep Grand Cherokee and Dodge Durango models. The defect didn’t lead to any accidents or injuries as Chrysler pointed out that the brake function was never lost nor was it out of compliance with regulations. The recall affects more than 25,000 cars in North America.

Chrysler also announced a separate recall for its 2014 Fiat 500L model because of a glitch in the transmission software that prevents some vehicles from shifting readily out of park. No accident nor injury have been reported. The fix consists of a software update and affects a little less than 20,000 cars in North America with some 20% of them remaining on dealer lots.