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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Two pedestrians were injured in a truck accident in New York City last Friday.  An out of control refrigerated box truck delivering produce jumped the curb at 86th Street and Bay 34th Street in Bath Beach, Brooklyn, NYC. It crashed into a Malaysian restaurant window. As it jumped the curb, it struck a 20-year-old pedestrian. The driver then backed the truck up striking a 24-year-old woman and damaging a parked car then hit a subway pillar. The driver then tried to flee the scene of the accident on foot but the police caught him and he was taken into custody.

The two pedestrians who were injured were taken to the hospital. The 20-year-old pedestrian is in critical condition and still fighting for his life. The 24-year-old woman suffered a head injury but she is in stable condition.

https://www.youtube.com/watch?v=dTbMavbTRhM

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Medical Malpractice Attorney Christopher_DonadioOur NY medical malpractice attorney Christopher J. Donadio has been invited to lecture at the ACI Advanced Forum on Obstetrical Malpractice Claims, which will be held on Thursday, June 27, 2019 at 8:15 am at the The Union League of Philadelphia at 140 South Broad Street, Philadelphia, Pennsylvania. Mr. Donadio has been asked to provide a plaintiff’s attorneys perspective to the current trends in medical malpractice cases involving shoulder dystocia.

The Annual Advanced Forum on Obstetric Malpractice Claims is an annual event that brings together a faculty of medical experts, risk managers, insurance professionals, and plaintiff and defense attorneys who will provide the attendees with the most up-to-date information on complex medical issues as well as litigation hurdles and strategies.

Failure to recognize signs of shoulder dystoria and to handle the situation proprely can be devastating for the baby

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The monthly number of traffic accidents in New York City in April was at its lowest since 2014 for the month of April. There were 16,632 motor vehicle accidents reported to the NYPD last April compared to respectively 17,893 17,585, 18,265, 16,671 16,265 16,412 in April 2018, 2017, 2016, 2015, 2014 and 2013.  NYC car accidents have been on a rising trend since 2013. However recent numbers show that over the last 12 months the number of accidents has been slightly decreasing compared to the record numbers of 2017.

Despite a decrease in the number of accidents, the number of people injured in these accidents continues to rise. 4,701 people were injured in motor vehicle accidents in New York last April compared to respectively 4,578, 4,444, 5,040, 3,878, 4,007 and 4,409 in April 2018, 2017, 2016, 2015, 2014 and 2013.

16 people died in traffic accident in the city last April compared to 12 during the same month a year before and 11 in April 2017. Traffic fatalities are on a declining trend in New York since Mayor de Blasio implemented the Vision Zero Program. While the monthly traffic deaths were above 20 in April 204 and 2015 they stayed below 20 for the last 4 years, reaching their lowest for a month of April in 2017 with 11 deaths.

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Blog_Medical_Malpractice139% of incidents of medical malpractices are committed by 2% of doctors in the US according to a recent study entitled “Changes in Practice among Physicians with Malpractice Claims” and recently published in The New England Journal of Medicine . Many of these doctors are multi recidivists and have accumulated 5 or more paid lawsuits. While some of them quit, a majority of them just keep on going.  The study found that 90% of them are indeed still in practice.

Any doctor can open a solo practice including those who have had several paid claims against them

Contrary to what many believe, most doctors who have been sued multiple times for medical malpractice do not relocate to another state.  They often open their own practice because it gets more difficult for them to be hired by hospitals or healthcare groups. Any doctor can open their own practice, irrespective of the number of times he or she might have been sued for medical malpractice.  Additionally patients are less likely to look for information about prior lawsuits than employers. Opening a solo practice also means less oversight but also an increased risk for more harm to patients. Should doctors with several malpractice claim be authorized to do so? Also should patients be able to easily access information on physicians past lawsuits?

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Location of the fatal accident caused by drunk driver Upstate NY3 people died and 6 were injured in a car accident in Upstate New York on Sunday morning. The victims were all members of the same family and were on their way to Niagara Falls. They were all riding in a Kia Sedona minivan when they were T-boned by a drunk driver who blew a stop sign in Sheldon, a small town in Upstate New York.

Among those who died were 4 year old Kiara Hernandez, her mother, 32 year old Mayelin Broti-Castro and her grandmother, 47 year old Ondina Castro de la Cruz. 6 other family members all from Perth Amboy, NJ, were also injured in the crash and taken to the hospital. The driver was identified as 20 year old Richard Sawicki. He was also injured in the accident, transported to the hospital and later on taken into custody where he is being held in lieu of $200,000 bond. He is facing vehicular homicide, DWI and reckless driving charges. He is due in Court on June 10.

Drunk Driver blew the stop sign

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3 pedestrians were injured in a car accident in Long Island, NY, after a drunk driver jumped the curb and struck them. 66-year-old Mitchell  Messling was intoxicated and witnesses said he was driving erratically on West Merrick Road in Freeport when he jumped the curb and struck a family of 3 yesterday afternoon around 4:00 pm.  A 11-year-old boy was seriously injured and had to be evacuated by helicopter while his parents were rushed to the hospital by ambulance.

The driver was arrested and charged with second-degree assault, second-degree vehicular assault, two counts of third-degree assault, two counts of driving while intoxicated, reckless endangerment, and reckless driving. He is due in Court Today in Hempstead.

https://www.youtube.com/watch?v=k6QRlyQjnVs

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Location of the fatal motorcycle accident in Brooklyn NYCA 28-year-old man was killed in a motorcycle accident in New York City, early Monday morning. He collided with a car driven by a 24-year-old drunk woman who was driving without a license.

Alexander Evron was riding his Kawasaki motorcycle South on Ocean Parkway around 3:55 am when he collided with an Infiniti car driven by Jasmin Morales-Cruz.

The motorcyclist was thrown off the bike. He was rushed to the hospital but he couldn’t be saved and was pronounced dead upon his arrival.

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Location of the fatal pedestrian accident in HarlemA NYC pedestrian was among the several people who died in New York traffic accidents during this Memorial Day Holiday. 55 year old Leon Frazier was crossing the street when he was hit by a car making a left turn from W. 112 Street onto Malcom X Boulevard in Harlem. The pedestrian died at the scene of the accident. The 27 year old driver stayed at the scene of the accident. The accident occurred early Saturday morning around 4:00 am in an area which is known to be dangerous. According to statistics, 2 cyclists, 4 pedestrians and 13 motorists were injured in 25 accidents last year in this area.

Read more in Street Blog

Satellite view of the location of the accident courtesy of Google Map

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Personal Injury Attorney Ben RubinowitzOur managing partner, New York Personal Injury Lawyer Ben Rubinowitz, is co-chairing with NYSTLA Past President Jeff Korek the 2019 NYSTLA Seminar “25 Trial Issues That Keep You Up In The Middle Of The Night”.

Held over two evenings (Monday June 17 and Monday June 24 from 6:00 pm to 9:00 pm) this seminar consists of an informal panel discussion with Top Trial Attorneys, Judges and Ethicists during which audience participation is highly encouraged.

The program is modeled after the 1962 Herman Glaser seminar in which Glaser gathered the “greats” of his era to impart their collective wisdom to aspiring trial lawyers.  Thirty years later, Harvey Weitz assembled a round table panel at NYSTLI that included the Hon. Ira Gammerman, Hon. Gabriel Krausman, Hon. Eve Preminger and attorneys Ivan Schneider, Richard Shandell and others . The panel borrowed from Moe Levine , Al Julien and James Dempsey while setting out to demonstrate how best to deal with difficult trial issues. Harvey’s NYSTLI seminars formed the basis of his book the “Compendium of the Art of Summation” which with Harvey’s permission has served as the inspiration for Ben and Jeff to put together this seminar.

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When a nursing home is understaffed, patients have a higher risk of getting neglected. Studies show that patients in understaffed nursing homes have a higher risk of  weight loss, malnutrition, dehydration, pneumonia, infections and bedsores. When there is not enough staff, nursing home patients do not get proper attention and as a result neglect and medical errors can occur. Additionally working conditions in understaffed nursing homes are difficult. Nursing homes who are trying to minimize their costs are not hiring as many registered nurses and certified nurse assistants as they should and stretch the existing staff as much as they can. Stressed and overworked workers get frustrated and that’s when nursing home patient abuse has the highest risk to occur.

It is estimated that approximately 90% of nursing homes are understaffed in the US. Many nursing homes do not have any registered nurse available for days. In an effort to crack down on this problem, Medicare recently revised its five stars ranking system and automatically downgraded to one star the staffing ranking section of all nursing homes that do not have a registered nurse on site for four or more days instead of 7 or more days in the previous ranking. As a result 1638 nursing homes in the US now have a one star rating for their staffing.

The change in the staffing comes in the aftermath of a decision by the government last year to require nursing homes to submit payroll records to verify staff level. While analyzing the records, the Center for Medicare & Medicaid Services became alarmed by the frequency of under staffing of registered nurses. Registered nurses are the most qualified nurses. When staffing level increases so does the quality of care.