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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6 people suffered serious personal injury after a MTA bus crashed into a row of parked cars in Brooklyn, NYC. The bus driver apparently suffered a stroke behind the wheel and lost the control of the bus. Read more in the New York Daily News

To prevent accidents caused by medically unfit drivers, bus drivers are required by the Federal Motor Carrier Safety Administration to pass a medical test every two years. The quality of this medical test has often been criticized. Therefore starting May 21st 2014, only specially trained medical examiners will be allowed to give the test. Additionally in the future the results will not be on paper anymore. They will be recorded in a unique database and integrated electronically to the driver’s license. (see our previous blog)

 

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A young boy died after he was hit by a minivan on Empire Blvd in Brooklyn, NYC. The minivan driver, 23 year old Elysabeth Mayard, backed up, drove over 5 year old Roshard Charles (picture) and ran away as the mother of the boy was banging on her window asking her to stop. Mayard returned to the scene after she was chased by witnesses who convinced her to come back. She was charged with hit and run, reckless driving and driving through 3 red lights.
Read more in DNA Info New York

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As GM is facing multiple product liability lawsuits related to the defective ignition switch and the late recall of several of its models, the Center for Auto Safety, a private watchdog group in Washington just published a review that questions the efficiency of the NHTSA in detecting the problem.
According to the review , “the examination of NHTSA’s Fatal Analysis Reporting System (FARS) reveals 303 deaths of front seat occupants in the recalled 2005-07 Cobalts and 2003-07 Ions where the airbag failed to deploy in non-rear impact crashes”.

Read more in the New York Times

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A FRA investigation prompted by the Metro North Deadly New York Train Accident found that “Metro North’s management emphasis on-time performance to the detriment of safe operations and adequate maintenance of its infrastructure, resulting in a deficient safety culture, increased risk and reduced safety on the Metro North system”. Metro North has 60 days to submit a plan to the FRA on how to address these safety concerns.
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r_steigman_small.jpgOur partner, NY Personal Injury Attorney Richard M. Steigman, will be the Chair of the “2014 CPLR Update: Learn the Cutting-Edge Decisions Every Litigator Must Know” Seminar presented by the New York State Trial Lawyers Association on March 25th 2014 from 6:00 to 9:00 pm. Hon. Ariel E. Belen (Ret) will also be on the faculty.

One of the key requirements of successfully managing a civil caseload is staying abreast of legislative changes and court decisions in the field of New York Civil Practice. This seminar will provide an in-depth review of these new developments, including practice tips and pitfall warnings that are invaluable for the civil litigator with perspectives from both the practitioner and the bench.

Topics will include:

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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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Electronic%20Logbook%20for%20truck%20drivers.jpgBus 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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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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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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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.

Read more in NewsDay

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