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 Posted in Negligence

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The number of deaths resulting from Medical Errors in Hospitals have been grossly underestimated according to new estimates developed by John T. James, a toxicologist at NASA’s space center in Houston. James runs an advocacy organization called Patient Safety America that he created after his 19 year old son died as a result of medical malpractice in a Texas Hospital.

In 1999, “To Err is Human Report“, estimated the number of deaths resulting from medical errors in hospitals at 98,000. In 2010, The Office of the Inspector General for Health and Human Services said that bad hospital care contributed to the deaths of 180,000 in Medicare patients alone in a given year.

According to the study published in the current issue of “Journal of Patient Safety” these numbers are too low and the true number of premature deaths associated with preventable harm to patients is estimated at more than 400,000 per year.

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Haile%20Burns.jpg Our partner, New York Personal Injury Lawyer Howard Hershenhorn, represents the Bronx family of a four-year old girl who has been severely burned (see picture of Haile Martinez) and her seven year old sister who died from smoke inhalation and burns covering 80 percent of her body after a kitchen fire was sparked by an improperly installed stove.

Two weeks before the deadly accident, the super installed a new stove in the apartment. According to Hershenhorn, “The super positioned the appliance so close to the wall, it crushed the electrical cord, damaging it to the point where it ignited”. This was confirmed by the FDNY Bureau of Fire Investigation incident report that listed “Appliance Cord” as the cause of the fire.

The family’s lawsuit additionally faults the landlord for not installing the required kitchen smoke alarm, and for “spoilating the evidence” by dismantling the charred kitchen the day after the fire.

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super%20lawyers.jpg Peter J. Saghir has been selected to the 2013 New York Super Lawyers Rising Stars list. Each year, no more than 2.5 percent of the lawyers in New York are selected by the research team at Super Lawyers to receive this honor.

Since joining the firm, Peter’s focus has been on the preparation of catastrophic personal injury cases, complex medical malpractice cases, construction accident cases, car accident cases product liability cases and wrongful death cases. His primary responsibilities include all aspects of the preparation of a case including taking depositions, drafting and arguing motions and trials.

Our congratulations to Peter on receiving this honor at this early point in his career. It is well deserved.

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This weekend in New York, two motorcyclists, one teen driver and one pedestrian died in traffic accidents.

In Queens two people died in a motorcycle accident on Saturday. The two motorcyclists were knocked off the bike they were riding after they clipped a SUV and crashed into the back of another car.

Source: Daily News

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A surgeon can be sued for Medical Malpractice if he or she failed to properly communicate care instructions to a patient after the surgery.

Recently Web M&M analyzed the case of a woman who needed arthroscopic surgery after she tore the anterior cruciate ligament (ACL) in her left knee.

The surgeon talked to the patient before the surgery and gave her postoperative instructions for ACL repair that included 50% weight bearing immediately after the surgery

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Kingfisher, an Indian carrier owned by United Breweries has filed a $ 236 million lawsuit against U.S.-based International Aero Engines, which is part owned by United Technologies Corp’s Pratt & Whitney unit. Kingfisher alleged that the IAE V-2500 A5 engines supplied to Kingfisher were “inherently defective, both in design and manufacture,” .
Read complete article at Reuters.com

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A woman was struck and killed by a hit and run driver in the Bronx, New York, yesterday night after a a club bouncer asked everybody to exit the club because someone had a gun. Over a hundred patrons started to run out of the club and poured across the street in a panic. As she was running away, a young woman was struck and killed by a car who sped away without even slowing down.

Nightclub owners are responsible for providing adequate safety for their patrons. This includes the responsibility to hire an adequate number of properly trained security employees who can monitor the crowd in any type of situation and are able to act effectively when problems arise. In this particular case, the security staff seems to have been completely overwhelmed by the situation. Therefore the club owner may be liable for negligent security.

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After a woman was struck by a truck causing her death at the Ocean Parkway Intersection in Brooklyn last June (see our previous blog), the New York Sate Department of Transportation finally approved a $200,000 crosswalk makeover that had been delayed since 2012.

A pedestrian island and other enhancements that will improve safety for all users will be installed on Ocean Parkway near Church Ave where cars funnel onto the expressway.

The construction is expected to start this fall.

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An elderly woman was struck and killed by a bus yesterday in Brooklyn, New York. This is the second MTA Bus accident that happened in Brooklyn in less than a week. On August 25th we reported in a previous blog that a young bicyclist was severely injured after being struck by an MTA bus.

Among the 5 New York boroughs, Brooklyn is the deadliest for pedestrians and bicyclists. In 2012 Brooklyn recorded 48 pedestrian and cyclist fatalities, Manhattan 41, Queens 40, the Bronx 19, and Staten Island 7.

Read more in the New York Post