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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A sanitation worker had his legs crushed in a terrible truck accident that happened Friday in the Bronx. As he was turning left, the garbage truck driver hit a pillar. His door was open and the impact caused the driver to be ejected from the cab. He landed under the still moving vehicle. His legs were crushed. He was rushed to the hospital in critical condition.

Read more in the New York Daily News.

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Best%20Law%20Firms%202014.jpgGair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, a leading New York Personal Injury law firm, is proud to announce that it has been listed in six practice areas in the just released ranking of law firms by U.S. News Media Group, the publishers of U.S. News & World Report, and Best Lawyers®. This is the fourth edition of this highly-anticipated annual analysis. Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf was nationally ranked in the top tier in Mass Tort Litigation / Class Actions – Plaintiffs. The firm also ranked in the top tier in five legal specialties in the New York City Metropolitan Area: Legal Malpractice-Plaintiffs, Medical Malpractice-Plaintiffs, Personal Injury Litigation-Plaintiffs, Product Liability Litigation-Plaintiffs and Mass Tort Litigation/Class Actions-Plaintiffs.

Inclusion in the “Best Law Firms” listing is based on a rigorous evaluation process that includes data collection, evaluation and feedback from thousands of clients, lawyers and law firm representatives spanning a wide range of practice areas nationwide.

“We are delighted that our firm has once again received this honor,” says Ben Rubinowitz, Managing Partner at the firm. “To be included in six practice areas is a testament to the hard work and endless dedication we give to our clients. At our firm there is nothing more important than the plight of our clients. We have always worked tirelessly to secure the very best results for those who have been seriously injured through the fault of others. We are honored to be recognized for our dedication and the superb results that we have achieved.”

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Babies recently born in St Luke’s Hospital in New York may have been exposed to tuberculosis, a contagious and potentially deadly disease. The negligent hospital began notifying parents yesterday that a maternity ward worker tested positive for tuberculosis and that their babies should be tested for the disease. The hospital did not comment on how far back the exposure spans but the parents who notified NBC 4 New York about the infection gave birth more than two months ago.

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A recent study looked at the medical malpractice claims of the 2 largest insurance companies in Massachusetts during five years. The study, published in JAMA Internal Medicine and led by Doctor Gordon Schiff (Brigham and Women’s Hospital’s Division of General Internal Medicine and Primary Care) looks at patterns of primary care malpractice types.

During the five years under review there were 7224 medical malpractice claims of which 551 (7.7%) were from primary care practices. Out of these 551 cases, researchers found out that most medical claims were failure to properly diagnose a condition (72.1%). Other malpractice claims were related to medication errors (12.3%), medical treatment errors (7.4%), failures to communicate properly (2.7%), patient rights (2.0%), and patient safety or security(1.5%).

According to the author “many of these claims “appear to be due to failure in more routine yet high volume outpatient office processes”. The study also found some evidence suggesting that “outpatient primary care in general and diagnostic cases in particular were less defensible than other malpractice claims because they were significantly more likely to be settled (35.2% vs 20.5%) or result in a verdict for the plaintiff (1.6% vs 0.9%) compared with non–general medical malpractice claims.

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The medical malpractice case of 6 year old Claudialee Gomez-Nicanor who died after Dr. Arlene Mercado failed to diagnose her Diabetes Type 1 raises questions about the quality of care for Medicaid patients.

A pediatric endocrinologist treating a Medicaid patient earns $30 a visit while a pediatric endocrinologist treating someone with private insurance gets nearly $100 an hour. So Medicaid providers often have trouble filling their networks with enough doctors who specialize in common issues like diabetes. Patients are sometimes left to the lesser skilled or lesser known-doctors who can’t afford to turn away the business.

You can read the complete story in a very detailed article from the Village Voice.

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A 50 year old woman died after being struck by a car when she was crossing crossing Pennsylvania Ave. near Glenmore Ave in Brooklyn Wednesday night. 30 minutes later a similar accident happened in Queens. A 40 year old man died after he was struck by a car while crossing Jamaica Ave.

Read more in the New York Daily News

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leg%20rest.jpgA 70 year old man died after being assaulted by another resident at Ocean Promenade Rehabilitation and Nursing Center in Rockaway, Queens, New York last night. The attacker used the leg rest of a wheel chair to beat the victim to death according to the police.A dispute over the curtain between their beds sparked the attack. The two men who were sharing the same room since July never got along according to residents.

Read more in the New York Daily News

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A bus driver and several children were injured when a school bus overturned after a collision with a pick up truck. The crash happened this morning at the intersection of Oakdale St. and Preston Ave. in Eltingville, Staten Island, New York. The police are still investigating the cause of the accident.
Read more in the New York Daily News

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salad%20kit.jpgFear of possible Listeria Contamination prompted several companies to recall their ready to eat salad kits as the Center for Disease Control and Prevention and the U.S. Department of Agriculture and the Food and Drug Administration are working together to monitor and prevent potential Listeria-related illnesses.

In a previous blog we announced that Milwaukee-based Garden-Fresh Foods Inc had recalled close to 100,000 pounds of food in September and October. Last week the FDA issued a third class I recall for the company that included an additional 103,080 pounds of products. A food safety assessment at the facility following the initial recall, indicated that additional products may have been contaminated due to harborage of Listeria monocytogenes within the facility.

Another Class I recall was issued on October 29 for Taylor Farms Maryland and Taylor Farms Texas. Approximately 22,849 pounds of broccoli salad kit products were recalled due to concerns about possible Listeria contamination in the salad dressing.

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br.jpgIn their Trial Advocacy column in the New York Law Journal, Personal Injury Attorneys Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, and Evan Torgan of Torgan & Cooper, write: Just as defendants use surreptitious video-recording in an attempt to capture images of unsuspecting plaintiffs engaging in activities which they claim their injuries restrict, in fairness, plaintiffs should be afforded the same opportunity when it comes to challenging the weight of the opinions offered by defendants’ examining doctors at trial.