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 personal injury

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What does an injury really cost, not only in terms of medical spending but also in terms of work loss and decreased quality of life? A recent study by researchers from Brown University and the Pacific Institute for Research and Evaluation and published in the Journal of Injury Epidemiology provides an economic analysis of the “real cost” of all 31,038,072 hospital-treated injuries in the US in 2013. While most previous studies on injury cost focus mostly on the acute medical cost they don’t address the cost of the burden of injury.

The study found that one American out of 10 visited the hospital for a non-fatal injury during the year under study. Medical spending including hospital and home care, emergency transportation, medicines and physical therapy for all of them came to a total of $168 billion. Future lost work from permanent disability came to a total of $223 billion and quality of life loss came to a total of $1,46 trillion.

The study also provide an in-depth analysis of the cost of injury by age, household income, payer, location, injury mechanism, intent and severity.

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diabetic-medicineThe rising prices of insulin has lead diabetes patients to cut back on insulin or to buy it on the black market putting them at risk of dangerous injury and even death. In 1996, a vial of Humalog insulin cost $21, it now costs close to $400. While the price of milk increased by 23%, over the last 20 years, the price of insulin increased by 1150%.

A mother interviewed by CBS New York said that even though she has insurance for her diabetic daughter, she has to pay $1300 out of pocket every 3 months. Other patients are turning to the black market where they can find insulin for much cheaper. This practice is dangerous as unscrupulous dealers might sell fake products that can have deadly consequences.

A recent study by Yale  researchers also found out that many patients are cutting on their insulin dose to try to save money. As a result they are exposing themselves to dangerous levels of glucose in the blood which ultimately can lead to death.

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school sport can lead to injuriesOveruse Injuries often occur when young athletes are pushed by their parents, their teachers or their coach to be highly specialized in one sport at an early age. As kids get back to school, many of them will be lead to focus on one specific chosen sport only. Supported by their parents and their teachers, they will try to develop into great athletes. However a recent study in Pediatrics shows that athletes below the age of 18 who are highly specialized in one sport only have a much higher risk to develop overuse injuries and to ultimately quit sports.

Most elite athletes practiced several sports as kids before they specialized in one sport in late adolescence

Social pressure to develop kids into superstar athletes has led parents to believe that early sport specialization and more practice is beneficial for their children. While focusing intensely on one sport in an early age may give a temporary advantage to a child, it may sadly result in an increased risk for injury that ultimately may cause the child to miss time from playing or to quit. Additionally the idea that elite athletes started to specialize at a young age is a misconception. Studies show that most of them participated in multi sports in their early teens and only specialized in one sport in late adolescence.

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Our Medical Malpractice Attorneys Jeffrey Bloom and Ben Rubinowitz represented the family  of Joan Rivers after she died during a routine endoscopy at a Manhattan surgery center. Sadly many other patients have died following complications or surgical errors at this type of center as many States still do not have regulations that may prevent them. For example in most of the country there is no law that prohibits a doctor who was laid off by a hospital for misconduct to open a surgery center.

A recent USA TODAY NETWORK and Kaiser Health News investigation found that a surgery center in Arkansas 3 people died during colonoscopy procedures in 15 weeks and none of them were reported to an oversight authority. Patients coming for procedures were obviously not aware of these deaths either. This must change.

The lack of oversight continues to kill patients at surgery centers

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Opiod deaths in constructionConstruction workers have one of the highest risk of suffering from personal injury during their activity. According to the National Safety Council, more than 70,000 construction workers are injured every year in the US with back injuries and hand injuries being the most common. Nearly all construction workers will suffer at least one occupation related injury during their lifetime. Researchers also found that a construction worker that has a career longer than 45 years has a 75% risk of suffering a disabling injury.

Therefore it is not surprising that construction workers are being prescribed a lot of opioids to treat the pain caused by these injuries.

Usually workers receive compensation during the time that they are injured but it is often not enough to make up for lost pay. Therefore many injured construction workers are using opioids to get back to work faster.

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Motorized scooter can cause injuryOver the last months, personal injury lawyers have been receiving an increasing amount of calls regarding motorized scooter accidents. Scooter accidents involving pedestrians as well as single scooter crashes are on the rise in the US with new scooter rental companies setting up shop all over America.

In various cities, especially on the West Coast, companies like Bird and LimeBike are proposing dock-less motorized scooters that can be unlocked with a phone app for an initial fee of one dollar and a rate of 15 cents an hour. Motorized scooters can reach up to 15 miles an hour and are now a common feature in Santa Monica and Washington DC. Motorized scooters are growing in popularity and in many cities in the US they can be seen weaving through vehicular traffic or through pedestrian areas.  Over the last months, in cities where motorized scoooters are legal, personal injury lawyers have also been receiving an increased number of calls from pedestrians who have been hit by motorized scooters and from riders who injured themselves in single scooter crashes caused by a malfunctioning tires or brakes or by road hazards.

Emergency rooms doctors confirm that motorized scooters are leaving behind them a trail of injured riders and pedestrians. Doctors have seen an increased number of patients who suffered head, wrist, elbow and hip injuries after they got involved in a scooter accident. Riders are supposed to wear a helmet but most of them don’t. They are also often wearing earbuds which isolate them further from their surroundings.

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firearm injuries and childrenFirearm injuries are one of the leading causes of hospitalization for children and teenagers in the United States. A recent study by Bradley R. Herrin, Julie R. Gaither, John M. Leventhal and James Dodington compares hospitalization rates by age in urban settings (metropolitan counties of <50,000),  micropolitan settings (population 10,000-49,999) and rural settings (nonmetropolican nonmicropolitan counties of <10,000) . The searchers used the Kid’s Inpatient Database data from 2006, 2009 and 2012 to analyze 21,581 hospitalizations for firearm injuries. They excluded the children who died in the emergency room.

The study found that:

  • More than 77% of hospitalizations for pediatric firearm injuries were teenagers from 15 to 19 year old living in urban settings
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construction workers with back injuryIn the construction industry, manual lifting and moving heavy materials are the leading causes of disabling injuries. Strains, sprains and related soft tissues injuries affect a majority of construction workers and cost billions of dollars to businesses.  Back injuries are the most common disabling injuries for construction workers and approximately 3 out of 4 back injuries that require time off  to recover are due to over exertion. Other common disabling injuries suffered by construction workers are hand and wrist injuries as well as shoulder injuries. Many of these injuries can be prevented by reducing manual material handling.

PLANNING AND COMMUNICATION ARE KEY TO PREVENT INJURIES

The Center for Construction Research and Training (CPWR) is working on creating a new program for contractors to help them with practical tools and information to plan  for safe manual materials handling while staying productive and profitable. The CPWR works with contractors to define the best way to store and move heavy material on construction sites. So far they found that careful planning and communication were key factors in protecting workers from manual lifting injuries.

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ATV on paved roadEven though driving an ATV on the road might be allowed in your town, the Consumer Product Safety Commission recently released an announcement urging ATV users to stay off paved roads.

According to the agency, ATVs which are designed for off road use are more difficult to control on paved surfaces and are at risk of over turning. Obviously there is also a higher risk of collision with cars and other motor vehicles when driving an ATV on a paved road.

ATVs are dangerous vehicles. Between 2010 and 2013, 430,000 people were treated for injuries related to ATV accidents and 2,400 died from these accidents. Among the 2,400 deaths, 770 occurred on a paved road, That’s more than 30% of all ATV deaths.

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Pollack-and-TruhauWhen an accuser or or an accused  in a criminal investigation is a pre-teen or an adolescent, the unpreparedness of law agencies can lead to miscarriages of justice resulting in traumatic impacts.  In a recent article in the New York Law Journal, LISA H. THURAU, an executive director of Strategies for Youth and DANIEL POLLACK a professor at Yeshiva University’s School of Social Work  recommend that law enforcement agencies provide training and guidance on how to better handle cases with youths. Too often in criminal cases, law enforcement officers are not proprely trained to interact with children. This can result in traumatic experiences for the children and their loved ones. Additionally when families try to sue for abuse, the court’s decision is often biased in favor of the defendants.

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