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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imageFalls in hospitals can cause serious personal injury and sometimes death. Every year hundreds of thousands of people are falling in hospitals, rehabilitation centers, nursing facilities or other healthcare facilities. 30 to 50% of them will sustain injury. Elderly people are not the only ones at risk. Medical conditions, medication, surgery, medical procedures or diagnostic testings for example can result in weakening and confusion for any patient independently of his or her age and increase the risk of a fall.

According to a recent alert from the Joint Commission, falls in hospitals are a prevalent patient safety problem. Even though it can be difficult and complex to prevent, hospital can take action to prevent them. Here are recommendations suggested by the Joint Commission:

  • Raise awareness about the risk of falls by communicating it to clinical and non clinical staff at every level as well as to patients and their family
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The Bureau of Labor Statistics recently released the preliminary data from the Census of Fatal Occupational Injuries (CFOI) for  2014.   There where 4,659 fatal work injuries  in 2014.   This is the highest number of fatalities since 2011.

This high number of deaths on work sites is mostly explained by a revitalized economy and a decline in the unemployment rate in 2014. The rate of  workers fatalities stayed the same as the previous  year with 3.3 fatal work injuries per 100,000 full-time equivalent workers. Over the long term, the rate of worker fatalities has been slowly decreasing over the years indicating safer work conditions globally.

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40% of the fatalities were caused by a transportation accident. Among transportation related fatalities, more than half  of them where accidents on roadways. Accidents involving pedestrian workers being struck by vehicles represented the second  largest category of fatal occupational injuries caused by transportation accidents.

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imageThe way pediatricians are working on preventing personal injury for children and  teenagers is evolving. There was a time when doctors would be  taught  to provide the same advice for any family for each type of injury.  For example in the field of teen driver crash injury prevention, each teen would be treated the same way.

In a recent blog post published by the Center for Injury and Prevention, Flaura Koplin Winston, a  pediatrician, looks at the case of two teen drivers  who got  caught for speeding. The first  teen was diagnosed with ADHD and speeding was  just one of many other dangerous behaviors.  He needed proper medication and  behavioral therapy. The second  teen  was late for school and got a ticket speeding.  All he needed was an alarm clock.

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imageFailure to diagnose or delay to treat herpes simplex in the eye area can result in serious personal injury such as episcleritis, keratopathy, iritis, blepharitis, conjunctivitis, uveitis, keratitis, retinitis, optic neuritis, glaucoma, proptosis, cicatricial lid retractions, and extraocular muscle palsies. In “case of the month: a lesion near the eye”, the Journal of the American Academy of Physician Assistants looks at the case of a 19-year-old man  who visited his healthcare provider with erythema and irritation of the skin adjacent to his right eye. The patient  noted the irritation for the first time after a military exercise in a sandy environment. Read the case here 

 

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Daniel+Pollack-1By simply noting red-flag concerns front and center of  a patient’s file, child welfare workers can protect children from being seriously abused, injured or killed. In a recent article in Youth Today, Daniel Pollack, a professor at the Wurzweiler School of Social Work, Yeshiva University in New York City and a frequent expert witness in child welfare cases describes how crucial information related to a child’s personal safety can get buried into electronic files and later lead to disaster. For example red flag sentences such as “Johnny is a runner. He needs to be watched at all time” should not be hidden somewhere in the child’s file but should be front and center of the file so, as time goes by, the next person to open the file will make sure Johnny doesn’t get killed running into traffic.

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Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is proud to announce that 10 of their New York Personal Injury Lawyers were listed in The Best Lawyers in America© 2016.

Marijo Adimey, Jeffrey B. Bloom, Seymour Boyers, Anthony H. Gair, Howard S. Hershenhorn, Stephen H. Mackauf, Ben B. Rubinowitz, Christopher Sallay and Richard M. Steigman were selected in the following practice areas:

Marijo Adimey, listed in Best Lawyers since 215

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Daniel+Pollack-1When the injury or the death of a child may have been caused by abuse or neglect, Child Protective Services (CPS) send investigators to discover and examine the facts that led to the incident so as to establish the truth. Unfortunately investigators sometimes commit legal mistakes that can have dire consequences. In a recent article, Professor Daniel Pollack from the Wurzweiler School of Social Work at Yeshiva University, describes what are the most common avoidable legal mistakes CPS investigators make and explains the reasons why they are committed. For example an interviewer may view a child’s anti-social behavior as a sign that the child is not a trust worthy reporter of abuse while this type of behavior is actually a sign of the abuse itself. The complete article can be downloaded here

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A 54 year old woman died in a bus accident yesterday night. The bus was traveling from New York City to North Carolina when the bus driver, 23 year old Eric Jimmerson from New York, fell asleep near Benson North Carolina on Interstate 95. The bus crossed the median heading towards a car coming in the opposite direction. The driver of the car swerved, trying to avoid the bus and crashed into a tree. He was seriously injured and his wife who was in the passenger seat died in the accident. Their 12 and 13 year old children who were sitting in the back were also injured. The New York bus driver was in critical condition after he was ejected from the bus. He may face charges. Four other passengers on the bus suffered personal injury. Read more here 

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Anchor itFurniture and TV tip-overs are among the top cause of deaths and personal injuries around the house. Every 24 minutes in the US a child is sent to the emergency room because of a fallen TV or tipped furniture. Every 15 minutes someone in the U.S. is injured by furniture tip-over and on average, one child dies every two weeks when a TV or furniture falls onto him or her.

“Anchor It”, a new national safety campaign outlines the dangers of tip-overs and explains how easy it is to anchor furniture and TVs properly.

Families with children can easily prevent tip-over accidents by making sure televisions are placed on stable and sturdy furniture designed for this purpose. Wall mounted TVs are the best way to prevent tip-over but when TVs are not wall mounted they should be anchored to the wall. Heavy furniture should also be anchored with anti-tip brackets.  Small objects on top of furniture that may tempt children to climb onto the furniture to grab them should also be removed.

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The health condition of a family who suffered serious personal injury after being exposed to a banned pesticide while vacationing in a St-John luxury resort, last March, will most probably not improve, Governor Kenneth Mapp said last week in a status update. 49 year old Steve Esmond, his wife Theresa Devine, 48 and their two sons Sean, 16, and Ryan, 14, suffered seizures and never recovered fully after they were exposed to methyl bromide while staying at their Sirenusa Villa in St-John. As of Today, the dad suffers from severe paralysis and must be strapped even to sit, the oldest son remains paralyzed from the neck down and the youngest one is in and out of coma with no sensation in his limbs and no control of his body. Only the mother seems to be recovering and is doing rehab. The accident happened after Terminix , the company hired by the resort for pest control, used a pesticide identified as Meth-O-Gas to fumigate a condo adjacent to the family’s villa. Meth-O-Gas contains methyl bromide, a very dangerous pesticide whose indoor use is illegal on US territory. Read more in The Virgin Islands Consortium

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