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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In an Upstate New York truck accident that happened several days ago, a trailer disconnected from the rig that was pulling it and crashed into a minivan killing 7. Investigation will determine if the cause of the accident was mechanical failure or driver action.

According to the Federal Motor Carrier Safety Administration, mechanical failures are the cause of only 1% of fatal accidents involving large trucks and among mechanical failures, the truck’s couplings, hitches or chains are the cause of 1 in a thousand fatal accidents.

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In New York State, cell phone related car accidents have increased by 143% from 2005 to 2011. In 2011, there were 25,165 fatal and personal injury crashes involving distracted driving in New York, compared to 4,628 caused by alcohol-related driving.

Governer Cuomo wants to crack down on drivers who are using their cell phones while they are driving and put their life and the lives of others at risk. Therefore the governor of New York just announced that texting while driving will cost 5 points instead of 3 for all drivers effective June 1st. Adding to that drivers with probationary or junior licences will get 60-day suspensions for a first conviction and revocations of 60 days (for junior licenses) or 6 months (for probationary licenses) for subsequent convictions within 6 months of the time a license is restored after suspension.

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Thankfully there was no injury following the crane accident near the Eat River at the Water Club restaurant. The 20 ton crane, a Grove RT540E owned by Phoenix Marine was doing work on a bulkhead on the south end of the restaurant when workers said it became snagged on a barge support beam and fell over.

The picture shows that at the time of the accident the crane seemed to be proprely set up and its boom was fully extended. Therefore at Gair Gair Conason Steigman Mackauf Bloom and Rubinowitz we think that the load being lifted was too heavy (overloaded) causing the crane to tip.

The New York City Department of Buildings is investigating.

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The new CPSC Pool or Spa Submersions: Estimated Injuries and Reported Fatalities, 2013 Report indicate that 75% of victims of drowning in a pool or spa are younger than 5 years old. Government data also show that the majority of African American and Hispanic children between 5 and 14 years old don’t know how to swim and therefore have a much higher risk of drowning in a pool.

Every year more than 5000 children visit the emergency room after a pool or spa related injury and an estimated average of 390 children drown. Most of the accidents happen in backyard pools.

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In its new pool safety campaign, The U.S. Consumer Product Safety Commission is asking parents and families to teach their children how to swim, to install a fence around backyard pools and spas and to watch children when they play around the pool.

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Diagnostic errors are not a new problem, in 1991 the Harvard medical Practice Study, investigated Medical Malpractice in New York Hospitals and found out that diagnostic errors were accounting for 14% of physicians errors and that 75% of them were due to doctors negligence.

In 1999 a study from the Institute of Medicine “To Err is Human”, looks at diagnostic errors and classifies them in four different categories: error or delay in diagnosis, failure to employ indicated tests, use of outmoded tests or therapy and failure to act on results of monitoring or testing.

Despite these studies, diagnostic errors have been largely ignored until recent research calculated the impact of such errors. Results from a 2009 report funded by the federal Agency for Healthcare Research and Quality showed that 28% of diagnostic mistakes were life-threatening or had resulted in death or permanent disability.

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230px-Cerebral_angiography%2C_arteria_vertebralis_sinister_injection.JPG Angiography alone doesn’t detect Ischemia and may lead to misdiagnosis when a patient is being checked for chest pain. A routine Functional Flow Reserve Measurement (FFR) after the angiography would lead to a change of diagnosis for 1 out of 4 patients according to a new study presented at EuroPCR 2013 by Nick Curzen, Professor of Interventional Cardiology, University Hospital Southampton NHS Foundation Trust and Faculty of Medicine, University of Southampton, Southampton, UK.

Most cadiologists base their decision on the angiography only. The angiography is an X-ray of the blood vessel (see picture) that the cardiologist uses to assess if some blood vessels are blocked or damaged. The study argues that angiography only doesn’t detect ischemia, a restriction in blood supply to tissues, causing a shortage of oxygen and glucose needed to keep tissue alive. This may lead cardiologists to fail to diagnose a medical condition and to develop an inappropriate treatment plan for the patient.

Researchers, studied 200 patients suffering from Chest Pain. Each patient underwent an angiography. Based on the angiography only a cardiologist made a diagnosis and developed a treatment plan for each patient as well as recommendations for medical treatment such as percutaneous coronary intervention (PCI), coronary artery bypass grafting (CABG) or request for more information. The cardiologist left the room and then each patient had a Fractional Flow Reserve (FFR) measurement. Results with FFR were shown again to the cardiologist. Based on this additional information the cardiolgist changed the treatment for 25% of the patients.

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Recreational Water Illnesses (RWI) mostly caused by germs in contaminated water as well as personal injury such as drowning, slips, trips and falls occur every summer in pools, jacuzzis, water parks, water play areas, interactive fountains or lakes, rivers and recreational areas at the ocean. In order to prevent these illnesses and injuries the Center for Disease Control is running its annual prevention campaign as Memorial Day marks the annual pool and beach season’s opening day. This year’s theme is “How We Swimmers Contaminate Pools”

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A recent study from the CDC that analyzed filter backwash samples found e-coli in more than 58% of the samples. This rate goes up to 73% when patrons are primarily children. Detection of E-coli signifies that swimmers introduce fecal material in the water either by washing off of their bodies or because of a diarrheal fecal incident. The latest is the most dangerous because it increases the risk for pathogen transmissions. Other very common germs brought by fecal material in pool or water play areas are Cryptosporidium or Crypto, Giardia, Shigella and Norovirus, according to the latest Surveillance for Waterborne Disease Outbreaks and Other Health Events Associated with Recreational Water Summary.

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The average profit margin for a hospital to treat an infected patient is $ 55,000 while the margin to treat a similar patient without infection is just $ 6,500 according to a recent study from The Johns Hopkins University School of Medicine published in the American Journal of Medical Quality.

Hospitals lose on average $14,000 per patient when the bill is paid by Medicare or Medicaid but when the bill is paid by private insurance the hospital makes on average a margin of $216,000 per patient before expenses.

The study demonstrates that it is in the financial interest of private insurers to help hospitals find ways to reduce the number of CLABSI infections.

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Severely injured women are 21% less likely to receive appropriate care in a trauma center than men. Results are similar for women injured after a fall or a car accident, across all income levels and also when comparing rural versus urban patients according to a study , led by Andrea Hill, MSc, PhD, a post-doctoral fellow at the Sunnybrook Health Science Centre and the University of Toronto in Canada, and presented yesterday at the American Thoracic Society International Conference .

The researchers studied more than 98,800 patients admitted to trauma centers for severe injuries. Results show that 49.6% of women and 63.2% of men received care after being severely injured.

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young%20workers%20accident%20prevention.jpgEvery 9 minutes a young worker suffers injury at work. In 2010, 328 teens died and 110’000 were injured at their workplace. Most accidents are due to unsafe equipment, insufficient training and supervision, dangerous work not appropriate for teens, pressure to perform better and stressful environment. Accidents happen mostly in retail, restaurant & fast food, cleaning & maintenance, outdoor work, construction, industry, agriculture and in offices. There is an increase of accidents in the summer as young people are finishing school and starting a new job or simply trying to make a little extra money during their vacations.

Young workers are twice as likely to get hurt on the job than older workers and often they are not aware of their rights. For this reason OSHA just launched a campaign that includes a special young workers web section as well as specific brochures for young workers on landscaping, retail work and grain engulfment. Brochures on landscaping and retail also exist in Spanish

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