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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.

Articles Tagged with personal injury

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excavation work in NYC streetsToo many construction workers are still being injured or dying while working in trenches or excavations. A new video by OSHA on excavation and trenching safety looks at previous violations and how to prevent them.

While doing excavation, construction workers are facing multiple hazards. Cave in hazard is the most dangerous one.  Unfortunately  many construction workers are injured or die in trenches because of negligence. Failure to respect excavation requirements is the 6th most common violation in the construction industry behind fall protection (general requirement), scaffolding, ladders, fall protection training and eye and face protection.

While looking at violations related to excavation and trenching the most common one is failure to protect employees in excavations with 809 citations in 2019. OSHA requires employers to set up specific protective systems such as shoring for workers in excavations however too many employers are still cutting corners as the high number of violations demonstrates.

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water injury preventionAs summer season is back, water related injuries and deaths are starting to increase. In New York, the underwater currents at Rockaway Beach are known to be dangerous and ever year people are seriously injured or died after drowning in the water at this location. This year on May 22nd, 24 year old Fidel Ramirez, went for a swim at Beach 91st street despite recommendations from Mayor de Blasio not to go in the water and drowned. He suffered critical drowning injuries and died at the hospital.

Backyard pools might seem safer than the Rockaway beach especially with the actual Covid-19 pandemic, however they can be dangerous as well.  Last Sunday 3 people died from drowning in a backyard pool in New Jersey.

Behind car accidents, drowning is the second cause of unintentional injury-related death for children from 1 to 14 year old

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child-head-injuy-1Because young children can’t express themselves proprely it can be challenging for doctors to diagnose a traumatic brain injury or concussion.  A recent article published in Pediatric Emergency Care suggests that using previous “Characteristics of Diagnosed Concussions in Children Aged 0 to 4 Years Presenting to a Large Pediatric Healthcare Network” might be helpful. The study was authored by Podolak, Olivia E. MD*; Chaudhary, Sofia MD*,†; Haarbauer-Krupa, Juliet PhD; Metzger, Kristina B. PhD, MPH*; Curry, Allison E. PhD, MPH*,†; Kessler, Ronni S. MEd*; Pfeiffer, Melissa R. MPH*; Breiding, Matthew J. PhD; Master, Christina L. MD, CAQSM, FACSM*,§,∥; Arbogast, Kristy B. PhD*,†,§

The researchers analyzed the medical data of 329 young patients aged 0 to 4 who visited the Children’s Hospital of Philadelphia healthcare network from October 1, 2013, to September 30, 2015 . They identified  the 3 top common mechanisms of injury.

The first one was fall and represented 64.4 % of all young patients who were diagnosed with a concussion with children younger than 2 year old being at a higher risk of sustaining a concussion in a fall than children from 2 to 4 year old.  Falling from furniture was the most common type of fall leading to traumatic brain injury, followed by tripping and hitting the ground and falling down the stairs.

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child head injuryWhen a child sustains head injury, parents always worry about the risk of traumatic brain injury and now more than ever seek medical advice through telephone triage call systems. When parents call such systems, they will be connected to a triage nurse who will provide them with recommendations on what to do next. However the question is, how parents follow up on these recommendations. A recent study  by PhD, RN, FAANorcidMPHMSN, RN, CRNPPhDMD, FAAP, CAQSM published in Clinical Nursing Research, tried to determine if parents follow recommendations and what percentage of the phone calls result in a TBI diagnostic.  They especially wanted to know if parents who had been recommended to see a doctor because a traumatic brain injury was suspected, would indeed do it.

84.1% of parents follow phone recommendations to seek medical care for their child’s head injury

The researchers analyzed one year of pediatric head injury calls at the Barton Schmitt Pediatric Head Injury Telephone Triage Protocol. Among the 5,045 phone calls for patients ages 17 and younger and meeting the criteria for the study, they found 2, 464 calls during which the triage nurse recommended to seek medical care urgently or in the next 24 hours. They estimated that in 84.1% of cases parents followed the recommendations provided on the phone and brought their children for an urgent medical consultation at their medical home network or at an outside care facility. Among those children who were recommended to seek urgent care, 39.5% were diagnosed with traumatic brain injury.

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covid-19-236% of patients who are hospitalized for Covid-19 have heart injury and have a higher risk of death according to a recent study by Anu Lala, MD, Assistant Professor of Medicine (Cardiology) at the Icahn School of Medicine at Mount Sinai and published in the Journal of the American College of Cardiology.

Anu Lala’s team studied the records of 3000 patients who checked in at the emergency room of five New York City hospitals during the first two weeks of April. Among these 3000 patients. 60% of them were male. The average age was 66 year old. 25% were self-identified as African American and 26% were self identified as Hispanic or Latino. A quarter of them had a history of heart disease and another quarter had cardiovascular risk factors.

High level of Troponin is an indicator of  myocardial injury or hearth damage

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MTD_Lawn_MowerAn estimated 9,400 children sustain lawnmower injuries  every year in the US. Injuries are often catastrophic, sometimes deadly. They often require multiple treatments and hospital stays and can have life long consequences. 4 year old boys in rural areas are the most at risk of getting injured in a lawnmower accident.

A study by the Department of Orthopaedics, Children’s Hospital of Philadelphia, Philadelphia, PA (Mr. Shah, Dr. Talwar, Mr. Aoyama, and Dr. Ganley), the Department of Orthopaedic Surgery, Children’s Mercy Hospital Kansas City, Kansas City, MO (Dr. Schwend), and the Division of Pediatric Orthopaedics, Johns Hopkins Children’s Center, Baltimore, MD (Dr. Sponseller) and recently published in the Journal of the American Academy of Orthopaedic Surgeons studied lawnmower injuries in the US over 13 years.

The researchers used the Pediatric Health Information System database to identify 1,302 Americans between 1 and 18 years old who checked into the ER to be treated for a lawnmower injury. While, the Pediatric Health Information System database does not record all children injuries in the country,  it is nationally representative as it contains a varied selection of 49 participating children’s hospitals located around the regions and locales.

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doctor-and-x-rayMissed and delayed diagnoses are common medical errors that can lead to serious injury and death. This morning the Daily Mail wrote about an 11 year old boy who died from severe bowel obstruction after a doctor misdiagnosed him with constipation and sent him back home. The doctor neglected to send him for an X-ray despite symptoms consistent with bowel obstruction.
Failure to diagnose or delay to diagnose a medical condition occur so often that the ECRI institute ranked this type of medical malpractice its number one concern out of its Top 10 Patients Safety Concern in 2020.

In the US it is estimated that 12 million adults or 1 out of 20 patients are misdiagnosed every year

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Happy family at homeThe Consumer Product Safety Commission (CPSC) just released  recommendations on how families can make sure nobody gets injured by dangerous products or other hazards while staying at home during the Coronavirus crisis. The agency highlights specific hazards related to children, seniors and the whole family globally.

Fire, poisoning and drowning are among the most common causes of accidents in the house

As families are staying home, several fires erupted in New York City over the last few days. On Saturday, 6 people and a firefighter were injured in a basement fire in Brooklyn including one critically injured and another one in serious condition. This morning two people were critically injured and several others became homeless after a fire ravaged an apartment in the Bronx.
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infant car seatTo protect children from serious head, neck and spinal injuries during a car crash, the NY Child Safety Seat Law requires that parents use a rear-facing car seat for all children younger than 2 year old.
Tests have demonstrated that infants have a head that is heavy compared to the rest of their body and that if they were sitting in a forward facing seat during a collision, they would be thrown forward and as a result suffer more serious injury.

While most parents do respect the law and install car seats for their little ones, previous research from the National Highway Traffic Safety Administration indicates that almost 60% of child seats are not installed properly

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Construction-workers-injuries-preventionSafety on construction sites is not only about preventing accidents but also about keeping construction workers healthy and preventing injuries.

Because of the nature of the tasks they perform on a daily basis, construction workers are at a high risk of developing work-related muskuloskeletal disorders (WMSDs) also known as soft tissues injuries.

Keeping  a worker free from injuries is a win win situation for both the employer and the worker