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.
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Low rated New york City nursing homes accumulate complaints of abuse and neglect and little is being done to improve the situation. Unlike other states, New York does not have a mandated minimum staff ratio or a minimum amount of hours that nursing staff is required to devote to nursing home residents. These staffing deficiencies can lead to horrific situations of nursing home abuse and neglect. The Gotham Gazette recently published five articles that looked in depth at the inspection reports, complaints and court reports for five of the lowest rated nursing homes in the city.

The Mosholu Parkway Nursing and Rehabilitation Center is so understaffed that it threatens the health and well-being of its residents. A few years ago, a resident who was supposed to be supervised when he smoked put his wheelchair bed sheet on fire and was engulfed by flames for 4 minutes until the fire was extinguished. He died from his injuries after a year of pain and suffering. Physical abuse of residents by other residents is also common at this nursing home where residents with violent behavior are not properly monitored and managed. Inspections in recent years show serious deficiencies in healthcare as well as 12% of residents suffering from bedsores, double the national average. The place is badly managed and disorganized.
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31 Bicycle Accidents that injured cyclists have been reported since 1995 on Bond Street in Boerum Hill, Brooklyn, NY. Everyday close to 400 bicyclists use this road as a downton-bound connection to Brooklyn’s offices and the Manhattan and Brooklyn bridges. To protect bicycle users from future accidents, the New York City Department of Transportation proposed the creation of a five foot wide bikers-only lane except between Third and Douglass streets and between Wyckoff and Schermerhorn streets, where it morphs into a shared lane for cars and bike riders. The proposal was presented by the NYC DOT to the Community Board’s transportation committee last week and was received positively. The full community board’s vote is scheduled for March 12th.

Read more in the Brooklyn Paper

Click here to download the NYC DOT presentation.

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A deadly truck accident happened yesterday in New York. A 25 year old rabbinical student was hit by a garbage truck as he was in the crosswalk on Kingstone Ave at Caroll St. in Crown Hights, Brooklyn. The pedestrian had the “walk signal” when he stepped in the crosswalk. According to witnesses, when the pedestrian realized that the truck driver didn’t see him, he tried to walk back but he was struck by the side of the truck and ran over. He died at the scene.

Read more in the Daily News

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BR.jpgIn their Trial Advocacy column, New York Personal Injury Lawyers Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf and Evan Torgan of Torgan & Cooper write: The rhetorical question is an effective and persuasive tool for summation. It is subtle in its delivery and potent upon its receipt. When used properly, it can persuade a jury without the insult of a more heavy-handed approach. A seasoned and accomplished trial attorney has to ask, what could be better?

Following is the article

The art of persuasion comes in many forms. It is the manner in which the trial lawyer chooses to present certain facts that will serve as the driving force behind a successful outcome. Since every aspect of the trial should be conducted with an eye toward summation-toward creating the most powerful argument that can be advanced-the trial lawyer must be acutely aware of how each part of the trial will affect the summation.
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A defective ignition switch can turn off the engine and disable the airbag on six different models of General Motors cars but last week the company decided to only recall two models even though management is perfectly aware that 4 other models have the same defect.

Read here the investigation of Christopher Jensen from the New York Times.

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Mayor Bill de Blasio who has been passionately advocating safe street initiatives to reduce traffic accidents is not practicing what he is preaching. A CBS video shows the mayor’s car engaged in multiple reckless driving behaviours: blowing traffic stops, speeding 15 miles over the authorized limit, changing lanes without signaling and parking on the pedestrian crosswalk. That’s enough violations for a license suspension in New York.

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Because medical needs of long term care patients are often being neglected when they transition from a long term stay in a nursing home to a home and community based services program, they are at a greater risk of hospitalization than those with similar conditions who choose to stay in a nursing home.

A recent study published in the Journal of the American Geriatrics Society (J Am Geriatr Soc 62:71–78, 2014.) and led by Andrea Wysocki, PhD, Center for Gerontology and Healthcare Research, Brown University, Providence, Rhode Island compares hospitalizations of dually eligible older adults who had an extended Medicaid nursing home (NH) stay and transitioned out to receive Medicaid home- and community-based services (HCBS) with hospitalizations of those who remained in the nursing home.

Home and Community based services programs for patients with long term care (LTC) needs have been very in demand recently not only because patients prefer to be in a home and community setting rather than in an institutional setting but also because the per-person costs are usually lower for HCBS than for nursing homes.

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35% of all truck drivers who die in a truck accident test positive for alcohol or illegal drugs according to the National Transportation Safety Board. Out of this 35%, Alcohol and Marijuana represent 13% , cocaine 9%, amphetamines and methamphetamine’s 7%, other stimulants 5%, PCP and codeine less than 1%.

To reduce these types of accidents the Federal Motor Carrier Safety Administration proposed the establishment of the Commercial Driver’s License Drug and Alcohol Clearinghouse, a database under the Agency’s administration that will contain controlled substances (drug) and alcohol test result information for the holders of commercial driver’s licenses (CDLs). The FMCSA is now accepting comments on the proposal until April 21st. Click here to read the proposal and add your personal comments

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In a car accident during which the front corner of a car hit another vehicle or an object such as a tree or a pole most minicars do not protect drivers adequately from serious personal injury according to a recent test from the Insurance Institute for Highway Safety. The only minicar that provided an acceptable level of protection was the Chevrolet Spark. The worst performers were the Honda fit and the Fiat 500.

Read the complete test results here

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