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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Misdiagnosis is the leading cause of medical malpractice claims. 160,000 patients suffer serious personal injury or wrongful death because of diagnostic errors every year. In her recent article “The Biggest Mistake Doctors Make” Laura Landro from the Wall Street Journal looks at solutions that are being developed by healthcare providers and various organizations to reduce misdiagnosis.

New technologies as well a change of culture among doctors are part of the solution. The new healthcare law requiring multiple providers to coordinate care should also help in making sure patients receive a proper follow up. Additional studies such as the one undertaken by the institute of Medicine (See previous blog) or the Society to Improve Diagnosis in Medicine should also contribute to curb this alarming trend.

 

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In New York lately pedestrians have been killed in car accidents on an almost daily basis. Last week another 7 people were killed in traffic accidents, most of them because of driver error.

On Friday 66 year old Maria Montalvo was struck in a crosswalk by a reckless driver making a left turn. Maria is the 29th senior person killed by a car in 2013.

On Monday 3 other people were killed on New York sidewalks: in Queens a young driver jumped the curb and killed Man Chit Cheng, 59, and Muang Lin, 41 and in East Harlem a woman was killed by a cab driver who lost control of his vehicle after he struck a truck.

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An ambulette driver was charged with criminally negligent homicide in connection with the death of an 86-year-old nursing home resident.

Juan Garcia who was transporting 86 year old Theresa Massagli in a wheelchair failed to buckle her seat belt. When he made a sudden stop, she flew out of her wheelchair and landed on her hip. Even though she was crying and moaning because of the pain, the driver dropped her back at the Goldcrest nursing home instead of bringing her to nearby Jacobi Hospital. She was then examine by a doctor and a nurse on duty at the nursing home and put to bed. After her children were informed of the incident they took their mother to the Westchester Square hospital where she was diagnosed with a broken left hip and pelvis. She died after few weeks of excruciating pain.

Read More in the New York Daily News

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Even though a lot of tactics are available now for doctors to avoid medical errors the fear of them happening and constant worry about patients can push doctors to the edge. Physicians burnout is a widespread problem.

In a very interesting blog Dr Diane Shanon explains that she was worn down by over worrying about medical errors such as incorrect orders, intravenous catheter left in too long and leading to infection, care providers forgetting to wash his or her hands and spreading dangerous infections from one patient to the other or misread EKGs or X-rays. She suffered such a terrible burn-out that she decided to walk away from her career as a physician.

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Volkswagen.jpg Volkswagen is recalling several popular models for the the following reasons:

– In order to prevent electric malfunctions 1.6 million VW, Audi, Skoda and Seat models with dual-clutch gearbox need to have their Synthetic Oil Lubricant replaced with Mineral Oil Lubricant

– 800,000 Tiguan SUV are being recalled to fix a potential defective lighting system

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Because Dietary supplements are available in health stores without prescriptions most consumers believe they are safe. But Some Body Building, Weight Loss and Sexual Enhancement dietary supplements contains hidden ingredients that can cause serious personal injury and sometimes lead to death.

Last week after 56 six cases of liver injuries and one death case were linked to the use of OxyElite Pro Dietary Supplements, the manufacturer USPlabs recalled all products containing Aegeline and VERSA -1, two illegal ingredients. (for more see USA Today)

The production of the sport supplement “Craze” was suspended by the manufacturer Driven Sports at the end of last month after tests conducted by the Harvard Medical School revealed the supplement contains potentially dangerous amounts of methamphetamine analog. The owner of Driven Sports, Matt Cahill was convicted in 2005 of felony charges for the sale of the weight-loss pills made from a highly toxic chemical pesticide banned from human consumption. He served two years in prison. (see Boston Globe)

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Many adverse drug events are preventable and constitute Medical Malpractice. An adverse drug event occurs when a patient suffers injury resulting from medication use. Adverse drug events are the results of medication errors or of known side effects that may happen even if the medication is taken correctly.

According to a recent report from the Healthcare Cost and Utilization Project (HCUP) and led by Audrey J. Weiss, Ph.D. and Anne Elixhauser, Ph.D. , 380,000 to 450,000 hospitalized patients suffer preventable adverse drug events every year.

According to the most recent statistics, in 2011, the most common causes of ADE during hospital stays were Steroids, Antibiotics, Opiates, Narcotics and Anticoagulants with 8 out of 1000 adults over 65 experiencing one of them while hospitalized.

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The MTA is rarely interested in settling man-under cases before trial and if it loses it will keep fighting through appeals. Out of the 92 lawsuits filed in the last five years, the MTA won 73 of them. For nine cases the payments were on average $40,000. Only five big cases resulted in total payouts of $33 million.

Read more in the New York Daily News.

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An unidentified motorist died in a car accident early Sunday at W. 240th St and Broadway in the Bronx, New York. His car flipped and caught fire after he hit one of the poles of the elevated subway.
Read more in New York Daily News.

 

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Two people died and three others suffered personal injury in a 3 vehicle accident that happened Saturday morning in New York.

Atha Noorzi, a 51 year old limo car driver was driving his client Patrick Sheehan, a 54 year old Wells Fargo Banker from JFK airport to Larchmont, NY when the 45 year old driver of a black SUV driving in the opposite direction lost control of his vehicle. The black SUV hit the guardrail and went airborne into the opposite lanes. It then crashed into the Lincoln Town Car livery cab, slicing in half and killing the two passengers. Sheehan was decapitated.

A white SUV also crashed. The woman who was driving it and her 15 year old passenger as well as the driver of the black SUV suffered injuries and were taken to the hospital.

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