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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NYC Medical Malpractice Attorney Ben Rubinowitz will participate to the virtual ED Director Forum
Our managing partner, Ben Rubinowitz will be a faculty member at tomorrow’s virtual 2021 ED Director Forum. He will be lecturing to emergency room physicians for the American College of Emergency Physicians.

In his presentation  “Medical Malpractice: Tips to Avoid It and What to Do If Sued!”, he will be discussing various aspects of emergency room medical malpractice including the failure to diagnose heart attacks, strokes, cancer and other cases involving emergency room failures by ER Physicians.

The objective of the lecture is to identify the common mistakes leading to ER medical malpractice, to recognize the typical errors committed after the litigation has  begun, to discuss how to prevent malpractice and to understand how to navigate the malpractice process.

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nurseNational Nurses Week starts Today until May 12. When someone is ill or injured, nurses not only bring physical support but also psychological support to the patient and to the family. During the pandemic they scarified their own health, mental and physical, to fight the pandemic and we thank them for their work. Nurses are our super-heroes.

To kick-off #NationalNursesWeek The Center for Injury Research and Prevention just launched a new website for nurses and medical staff to help children and families coping with illness and injuries. The “Health Care Toolbox”  looks at Pediatric Medical Traumatic Stress for children and families and how nurses can play a significant role in reducing distress, bringing emotional support and interact with the family.

When a child is injured or sick, the pain endured by the child as well as the medical procedures or treatment the child has to go through can create psychological and physiological responses from the child and the family called “Pediatric Medical Traumatic Stress Disorder”.  Having trouble concentrating, sleeping and eating, blaming each other or feeling numb about the situation, having unwanted thoughts or avoiding things reminding them of the event are some of the symptoms that can be experienced during  Pediatric Medical Traumatic Stress Disorder. If the symptoms persist they can lead to Post-Traumatic Stress Disorder (PTSD).

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unprotected bike lane on 35th StreetWhile the NYPD mentioned to media that the woman who fatally struck a delivery worker in Queens, NYC and crashed her car in the dining area of a restaurant might have suffered a medical episode, her family disagrees.

Costas Yerolemou, the ex-husband of Maro Yerolemou told Street Blog NYC that his ex-wife never had a medical episode and that her physical health was perfectly fine. However he said she was emotionally shaken by the accident and could not stop crying.

The family says another car rear-ended the Mercedes

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Construction Safety Conference NYC 2021How to prevent injuries and deaths caused by construction accidents in New York City is the main subject of the yearly Build Safe, Live Safe Conference organized by the NYC Department of Buildings.

The conference is digital for the second consecutive year because of the ongoing Covid19 restrictions in regards to large gatherings in indoor spaces.  The event started this Monday and continues until Friday.

The Conference which takes place during the same week as National Construction Safety Week, and OSHA’s National Safety Stand-Down to Prevent Falls in Construction is free and covers a broad area of subjects related to safety and sustainability in the construction industry in New York City such as :

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elanoma_Growth_over_14_MonthsFailure to diagnose skin cancer can be fatal. However if it is caught in a timely manner, the worst can be avoided and the cancer can be treated. Skin cancer is one of the most common types of cancers with 5 million Americans being diagnosed every year. Among the various types of skin cancers, melanoma is the most dangerous.

Who is at risk?

Anybody can get skin cancer however people with fair skins, light colored eyes, red hair, with a skin that burns easily or that freckles easily have a higher risk than others. People with a history of sunburns or people who are exposing themselves frequently to the sun or are using tanning beds also have a higher risk to get cancer than those who protect their skin from the sun. Skin cancer can also be genetic and runs in some families. Additionally people who have a large number of moles are also at higher risk of contracting skin cancer and should have their moles regularly checked by a specialist to screen for malignancy.

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unprotected bike lane on 35th StreetA 37 year-old delivery man was killed and several other people were injured in a reckless car crash in Queens, NYC. The accident took place last Thursday night around 6:00 pm. A 60 year-old woman driving a 2013 Merccedez-Benz C-300 who was driving behind a slow-moving vehicle lost patience and decided to use the bike lane to pass the vehicle. She struck two parked cars and  37 year old Xing Long Lin, a delivery man on a scooter, who got trapped and dragged under the car as the driver continued to drive and crashed into the outdoor setting of Rosatoro Restaurant located at the corner of 35th Street and Ditmars Boulevard in Astoria, Queens. After the car crashed into the outdoor setting, it jumped the curb, knocked down a tree and ended in the front window of the restaurant.

Xing Long Lin died in the accident. The delivery worker  came to US from China 14 years ago and lived with his wife and his two children 5 and 9 year old  in Elmhurst. He was the sole provider for his family and was also taking car of his mother in China.

Among those injured was a 32 year-old woman who was sitting in the restaurant and who sustained injuries to her leg after glass and debris went flying into the dining areas. She was transported to the hospital to be treated.

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Safety Stand down to prevent fall in construction 2021The annual Safety Stand-Down to Prevent Falls in Construction started Today and will last all week-long.

In 2019, among the 1,061 construction workers fatalities recorded in the US by the Bureau of Labor and Statistics, 401 of them were caused by falls.  Most of these accidents could have been prevented if adequate safety measures were in place. Many fall fatalities could be avoided by following these 5 basic rules:

  1. Always use fall protection if you are working at 6 feet or more
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Location-of-the-actual-tunnelsA group of New York contractors are asking US Transportation Secretary Buttigieg to waive the NY Scaffold Law on the Hudson River Project.

Fall is the number one cause of fatalities among construction workers in New York City and nationwide. Most of these fatalities are preventable and are the result of negligence. In New York,  the Scaffold Safety Law ensures that New York construction workers and their family  are being fully protected if they are injured or killed while working on scaffolds, ladders or other similar devices. If a contractor violates this law by not providing adequate safety equipment to his workers and if as a result, a worker dies or sustains injuries, the contractor will be liable for the accident and a lawsuit can be brought against him by the construction worker or by his family.

In the case of the Hudson Tunnel project, a group of contractors consisting of  the Minority & Women Contractors & Developers Association, the Associated General Contractors of New York State and the General Contractors Association of New York as well as the New York Sate Conference of Mayors and Municipal Officials have asked  the US Transportation Secretary to  replace the New York Scaffold Safety Law with a comparative negligence standard. They argue that the New York Scaffold increases their insurance cost.

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location of the fatal pedestrian and e-bike collisionA pedestrian died from his injuries after being struck by an e-bike in NYC. The accident took place on the Upper West Side in Manhattan. 71 year old Hing Chung, the manager of the Dim Sum restaurant Jing Fong, stepped on the bike lane between two cars and was hit by a 39 year old cyclist travelling North on the bike lane. The accident occurred a few steps away from his restaurant. The e-bike rider stayed at the scene of the accident and was not charged.

Hing Chung was hospitalized and later on died from his injuries at the hospital. The restaurant manager immigrated from Hong Kong more than 30 years ago and was a friendly and funny man who was loved by his clients and employees. (read more in the Gothamist)

3 fatal collisions between pedestrians and e-bikes in NYC since 2014

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Pollack and ReiterProtecting children from sexual abuse, mistreatment, emotional abuse or neglect is an every day combat that we should all join as a Nation.

In a recent article, Daniel Pollack,  an attorney and professor at Yeshiva University’s School of Social Work in New York City and Elisa Reiter,an attorney, Board Certified in Family Law and Child Welfare Law by the Texas Board of Legal Specialization, look back at 2020 and how the pandemic affected children suffering abuse.

School as a support to abused children