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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 wrongful death

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pregnant woman700 women die from medical complications related to child birth on average every year in the US. 60% of these fatalities are preventable. Maternal health was ranked the number two patient safety concern in the Top 10 Patient Safety Concern 2020 recently released by the ECRI Institute.
The CDC recently released alarming data related to the maternal mortality rate in the US. Non-Hispanic black women are 3 to 4 times more at risk of dying from child birth complications than non-Hispanic white women.  The rate of mortality also increases as women giving birth get older. Women who get pregnant after 40 year old are 7.7 times more at risk of dying from child birth complications than women under 25.

The lack of standardized care is a significant contribution factor in maternal mortality

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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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construction workers65 construction workers died from unintentional overdose while on the job in the US in 2018 compared to respectively 48, 32, 27, 18, 17, 7 and 7 in 2017, 2016, 2015, 2014, 2013, 2012 and 2011. These deaths represent more than a quarter of the 305 overdose fatalities at workplaces recorded for all industries in the US in 2018. The construction industry is one of the most affected industries by the opioid crisis in the US.

In its recently published Quarterly Data Report, the Center for Construction Research and Training (CPWR) provides an in-depth analysis of the dramatic increase of unintentional overdose fatalities on american construction sites.

HIGH NUMBER OF UNINTENTIONAL OVERDOSE FATALITIES ON CONSTRUCTION SITES IN THE NORTH EAST REGION

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train-accident-prevention
Did you know that 95% of fatal train accidents were caused by vehicles at train crossings and pedestrians on tracks? Every 3 hours in the US someone is hit by a train. Most of these accidents are preventable.

According to preliminary Federal Rail Road Administration Statistics, 262 people died and 871 were injured in 2,296 collisions with trains in 2018 in the US. 2,217 collisions occurred at highway-rail grade crossings. Pedestrian rail trespassing resulted in 1015 causalities (fatalities and injuries).  California and Texas have the most accidents  for both highway-rail grade crossings and trespassing.  New York ranked number 4 of  all states with the most pedestrian trespassing causalities. 36 people died and 13 were injured while trespassing on New York railroads in 2018.

Tips for New York Pedestrians to stay safe near railroads

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Bed sleeper12 children died in the US after parents used a bed sleeper. Bed sleepers seem to be a convenient solution for parents who want to be close to their babies at night and especially for mothers during nighttime breastfeeding. However a recent article from Consumer Reports indicates that because there are no federal safety standards regulations for this category of products, they might not be safe. Some of them do feature dangerous features for young babies such as padding and soft surfaces that can lead to suffocation if the baby’s face comes in contact with them. The 12 deaths recorded between 2012 and 2018 were related to the following models:

  • The Baby Delight Snuggle Nest Infant Sleeper is responsible for the deaths of 3 children.
  • 2 children died while they were sleeping in the The SwaddleMe By Your Side Sleeper
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Riding-mower-WikipediaAn alarming number of very young children have been seriously injured and some of them even died after someone, often a parent or a family member backed over them while riding a mower.  Most common injuries reported are amputations of hands, fingers, legs feet toes and limbs as well as mangled and ripped internal organs. In a recent article, Fair Warning, found 133 cases in court records since 2004 until now. Among them 8 of the victims died from their injuries. Another study in the American Journal of Emergency Medicine found that there was an average of 65 children injured every year in the US by riding mowers back-overs.

In the 1980ies after an epidemic of injuries related to walk-behind power mowers, The Consumer Product Safety Commission implemented mandatory safety standards for mowers but riding mowers were excluded from them. Some manufacturers propose riding mowers that can mow in reverse. These type of mowers are the most dangerous to young children. In 2003 after a rise of accidents a voluntary standard was adopted by lawn mower manufacturers. The standard requires that the blade immediately stops to spin when the mower riders back up. However the standard also allowed manufacturers to install a button that allows the driver to override the feature. Manufacturers are claiming that they installed the button at the request of their consumers who want more flexibility but safety advocates reply that the button is a good excuse for manufacturers to protect themselves from lawsuits.  However this excuse didn’t always work for the manufacturer Deere & Co. In a recent lawsuit involving a 2 year old girl whose leg was amputated after her dad backed over her while riding a Deere mower, the jury found that the mower was defective and awarded the victim $12.25 million. The jury found that Deere was responsible for 78% of the damages and put the rest of the blame on the father.

Read more in Fair Warning

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93,800 people were injured in an ATV accident and treated in a hospital in 2017 compared to 150,900 in 2007. 295 died in 2017 in an ATV accident compared to 832 in 2007. While still being dangerous and accounting for a significant number of injuries and deaths to adults and to children, a recent report from the CPSC indicates that ATVs have been getting safer over the years.

ATVs are not only popular with teenagers but also with children.  Among the 93,800 people who check into emergency rooms for ATV injury, 24,800 or 26% of them were younger than 16 and among these 24,800 47% of them or 11,700 were younger than 12.  In 2007 among the 150,900 people injured in ATV accidents 27% of them were younger than 16-year-old and half of them were younger than 12-year-old.

Among the various age categories the most significant decline of injuries over 10 years was recorded among the 16 to 24- year-old category.

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New-York-Slip-and-Fall1Every day 223 older adults visit the emergency room after being injured in a fall in NY State, 140 are hospitalized and 2 die. Fall is the leading cause of unintentional injuries and deaths among older New Yorkers and among older people in the US as well. In the US every 19 minutes an older person dies from injuries related to a fall.

For people over 65 year old, falls often have serious consequences that can affect their global well being, their mobility, their independence and their mental health. 60% of the older New Yorkers who are hospitalized after a fall end up in a nursing home or a rehabilitation center. 11% of them suffer traumatic brain injury and 27% of them suffer from hip fractures.  In most cases falls occur at home. 60% of older adults hospitalized for a fall in New York fell in their own home.

Obviously as people get older, they loose some of their strength,  they sometimes have physical disabilities, their vision is decreasing and they take more medication which can lead to drowsiness. All these factors increase the risk of fall.

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Defective Boeing 737 Max groundedThe second fatal crash of a Boeing 737  MAX last Sunday in Ethiopia has led to a worldwide decision by aviation authorities to ground all Boeing 737 MAX. The US was the last of 42 other countries to make this decision.  157 people lost their lives in Sunday’s crash and 189 died in October in Indonesia in a very similar airplane crash.

According to recent investigations both crashes occurred  in a very similar manner. A new flight control system for which pilots weren’t proprely trained may have caused both accidents according to preliminary investigations. According to an article in the New York Times, after the first accidents, the pilots union complained that Boeing didn’t inform pilots that in some cases  the new flight control system could automatically push the nose of the plane down. Experts believe this change may have played a role in both accidents.

PILOTS LOOSING THE BATTLE AGAINST THE NEW FLIGHT CONTROL SYSTEM

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boy injuredA third of children injuries occur at home. While suffocation is the number one cause of death for toddlers, older children also are at risk of suffering unintentional injuries that can be deadly.  Because children are spending most of their time at home, it is important for parents to understand how to proprely childproof their home. The most common and dangerous accidents leading to children injuries  in the house are drownings, burns, poisonings and falls. Therefore while childproofing their home, parents should identify the high-risk zones:

Any water area such as bathtub, jacuzzi, pools but also toilets, sinks and other receptacles that can contain water such as buckets should be protected. While infants are the most at risk to sink in their bath, young children have the highest risk of drowning in pools. Drowning often leads to death. Children who survive a drowning often suffer brain injuries. Parents should be aware that children drowning can happen quickly, silently and without splashing even in very small amounts of water. Adult supervision should be constant when children are taking a bath or playing with water. Potentially dangerous areas need to be protected as young children are attracted by water but are not conscious of the inherent risk.  Additionally parents should be aware that diapers can also be a cause of danger near water as they can quickly fill up with water, increasing the risk of drowning.

Areas with heat or flame such as kitchen, fireplace or BBQ can result in dangerous burn injuries if children are left alone near them. Children should not only never be left unattended in a room when heating items are in use but parents should also make sure to block access to the stove, the fireplace, the radiators or the space heaters. Hot spills can also lead to burns. Parents should never handle hot liquid while holding a child or near a child. While cooking, the handles of the pots should be turned toward the rear of the stove and its preferable to use back-burners whenever possible. Any hot device should be kept out of reach of children and so should electrical cords. Electrical outlets should be covered. The use of a cold mist humidifier is also a wiser choice to protect children from burns. Other common sources of children burns are  bath water and  food.  Parents or care givers should always put their own hand in the bath to make sure the temperature is ok and test food first before giving it to your child.