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 Personal Injury

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According to a new study by New York Presbyterian Hospital and Weill-Cornell Medical College presented at Digestive Disease Week® (DDW), usual methods to diagnose and treat gastrointestinal problems are controversial and lead to a high rate of misdiagnosis.

Gastroesophageal reflux disease (GERD) happens when stomach acid or bile flows back into the esophagus from the stomach, causing acid reflux and heartburn. The usual method used to treat this condition is to submit the patient to an eight eight-week trial of proton-pump inhibitors (PPI) and then to observe the patient to see if symptoms subside.

According to David Kleiman, MD, a research fellow in the department of surgery at New York Presbyterian Hospital, “Many patients remain on proton-pump inhibitors for years after the trial period without any confirmation that they are being treated for the right diagnosis,”. This leads to unnecessary expenses and increased medical risks linked to extended PPI use.

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After 4 children died and 360 suffered injury in 1200 strollers incidents that occurred from 2008 through 2012, the U.S. Consumer Product Safety Commission recently proposed a federal safety standard for strollers.

The report of incidents would scare any mother or caregiver. In one of the fatal accidents the head of the infant became entrapped between the seat and the tray. In the second fatality the infant’s head was wedged between the car seat of a travel system and a metal bar located under the cup holder. In the third accident the stroller collapsed on the child resulting in asphyxiation. In the fourth incident the stroller fell off a dock and the child drowned, however there were not sufficient details to define whether incident was product related.

Among the non fatal incidents reported injuries were mostly lacerations requiring stitches, tooth extractions, fractures head injuries and partial amputation of fingers.

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There is a higher rate of failure to diagnose breast cancer among women who are screened using computed radiography compared to women who are screened using digital direct radiography according to a new study lead by Anna M. Chiarelli, Ph.D., senior scientist in Prevention and Cancer Control at Cancer Care Ontario in Toronto, and published online in the journal Radiology.

The study results show that cancer detection with digital mammography that involves direct radiography technology was similar to that with screen film mammography in women aged 50–74 years; however, for computed radiography the risk of cancer detection is significantly lower-by 21%-among all screening techniques.

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New%20York%20City%20Commercial%20Bicycle%20Accident%20Prevention%202.jpgIn New York, bicycle accidents are too frequent among delivery employees and the resulting injuries are often catastrophic or even fatal. To protect delivery cyclists from severe accidents, The City of New York will soon be enforcing new rules for commercial bicycling.

Commercial bicyclists will be required to take a bicyclist safety course. Courses will be available in English, Spanish and Chinese.

New%20York%20City%20Commercial%20Bicycle%20Accident%20Prevention.jpgBusiness owners who employ delivery bicyclists will have to post a commercial bicyclist safety poster where employees can easily see it. Additionally they will have to maintain a bicyclists roster with detailed information on each employee.

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Temporary workers have a high risk of suffering fatal injury on their first days of work because they are untrained and not aware of hazards specific to the workplace. Often employers failed to provide safety training to temporary workers or, if some instruction was given, it inadequately addressed the hazard, and this failure contributed to their death.

OSHA recently launched a new initiative to protect temporary workers from work hazards. Among the new measures created, field inspectors will assess if employers using temporary workers are complying with their responsibilities under the Occupational Safety and Health Act and will check that training is provided in a language that the temporary worker can understand.

OSHA indicated that in recent months, they have received an increased number of reports of temporary workers being killed on their first days in a new position. One of the highest profile cases was the death of a 21-year-old temporary worker in August 2012 at the Bacardi Bottling’s plant in Jacksonville. Lawrence Daquan “Day” Davis was crushed to death by a palletizer machine on his first day at work.

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Percutaneous nephrolithotomy, or PCNL, is a minimally invasive urological surgery during which a surgeon removes medium to large kidney stones through a small incision in the back using a hollow scope. The use of PCNL is increasing especially among women and complications are on the rise particularly blood infections. Patients are at risk of developing complications if they are older, sicker and treated in more recent years. Age is significantly associated with increased odds of mortality according to a research from from Khurshid R. Ghani, M.D., of Henry Ford Hospital’s Vattikuti Urology Institute, which was published in the Journal of Urology.

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Nurse staffing directly impacts the safety of children in pediatric hospitals. According to a study, led by Dr. Tubbs-Cooley at Cincinnati Children’s Hospital Medical Center, children treated in hospitals with staffing ratios of 1 : 4 or less were significantly less likely to be readmitted within 15–30 days.

Each one patient increase in a hospital’s average staffing ratio increased a medical child’s odds of readmission within 15–30 days by 11% and a surgical child’s likelihood of readmission within 15–30 days by 48% according to the study published in BMJ Quality and Safety in Health Care

This research is coming few days after the Registered Nurse Safe Staffing bill was introduced in Congress.

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In 2011, 52% of passengers who were killed in car crashes were not wearing a seat belt at the time of the accident. This rate goes up to 62 % for motor vehicle crashes happening overnight compared to 43% during day time. While looking at gender and age, 66% of young men 18 to 34 year old who were killed in a car crash were not wearing a seat belt.

To prevent these traffic fatalities and increase seat belt use, law enforcement agencies will join forces day and night, during the Memorial Day week-end from coast-to-coast, for an enforcement blitz that delivers the message Click it or Ticket.

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In order to prevent and reduce hoisting equipment related accidents in demolition sites and underground construction sites, OSHA is extending the application of the requirements of the August 2010 cranes and derricks in construction standard to all construction sectors.

Starting May 13 2013, the separate standard applying to demolition and underground construction will no longer exist and employers will have to comply with streamlined OSHA standards. As a consequence, the existing operator-certification requirement will be extended to crane operators who perform underground construction work or demolition work. These crane operators have until November 14th 2014 to take their test and get certified.

OSHA says that the August 2010 crane and derricks rules saves an average of 22 lives per year and prevent 175 non fatal injuries per year and that it should also benefit demolition sites and underground construction workers.

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While working on the Firefighter Injury Research and Safety Trend FEMA project, Workplace safety researchers from Drexel University School of Public Health found out that the addition of industry and occupation data information in the data collected by hospitals would benefit not only firefighters but also every woker in America. Here is a link to the white paper.

Every year an estimated 4.1 million workers suffer a serious work injury or illness however the number of workplace injuries as well as information about the type of injury and how, when and why specific injuries occur are not tracked by hospitals. In the “The Need for Industry and Occupation in Hospital Data” that was just published in the Journal of Occupational and Environmental Medicine, Dr. Jennifer Taylor, Assistant Professor, and Leslie Frey, Policy Coordinator in the Department of Environmental and Occupational Health at the Drexel University School of Public Health petitioned for the inclusion of standards for industry and occupation within hospital data.

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