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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Daniel+Pollack-1By simply noting red-flag concerns front and center of  a patient’s file, child welfare workers can protect children from being seriously abused, injured or killed. In a recent article in Youth Today, Daniel Pollack, a professor at the Wurzweiler School of Social Work, Yeshiva University in New York City and a frequent expert witness in child welfare cases describes how crucial information related to a child’s personal safety can get buried into electronic files and later lead to disaster. For example red flag sentences such as “Johnny is a runner. He needs to be watched at all time” should not be hidden somewhere in the child’s file but should be front and center of the file so, as time goes by, the next person to open the file will make sure Johnny doesn’t get killed running into traffic.

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Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is proud to announce that 10 of their New York Personal Injury Lawyers were listed in The Best Lawyers in America© 2016.

Marijo Adimey, Jeffrey B. Bloom, Seymour Boyers, Anthony H. Gair, Howard S. Hershenhorn, Stephen H. Mackauf, Ben B. Rubinowitz, Christopher Sallay and Richard M. Steigman were selected in the following practice areas:

Marijo Adimey, listed in Best Lawyers since 215

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Daniel+Pollack-1When the injury or the death of a child may have been caused by abuse or neglect, Child Protective Services (CPS) send investigators to discover and examine the facts that led to the incident so as to establish the truth. Unfortunately investigators sometimes commit legal mistakes that can have dire consequences. In a recent article, Professor Daniel Pollack from the Wurzweiler School of Social Work at Yeshiva University, describes what are the most common avoidable legal mistakes CPS investigators make and explains the reasons why they are committed. For example an interviewer may view a child’s anti-social behavior as a sign that the child is not a trust worthy reporter of abuse while this type of behavior is actually a sign of the abuse itself. The complete article can be downloaded here

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A 54 year old woman died in a bus accident yesterday night. The bus was traveling from New York City to North Carolina when the bus driver, 23 year old Eric Jimmerson from New York, fell asleep near Benson North Carolina on Interstate 95. The bus crossed the median heading towards a car coming in the opposite direction. The driver of the car swerved, trying to avoid the bus and crashed into a tree. He was seriously injured and his wife who was in the passenger seat died in the accident. Their 12 and 13 year old children who were sitting in the back were also injured. The New York bus driver was in critical condition after he was ejected from the bus. He may face charges. Four other passengers on the bus suffered personal injury. Read more here 

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Anchor itFurniture and TV tip-overs are among the top cause of deaths and personal injuries around the house. Every 24 minutes in the US a child is sent to the emergency room because of a fallen TV or tipped furniture. Every 15 minutes someone in the U.S. is injured by furniture tip-over and on average, one child dies every two weeks when a TV or furniture falls onto him or her.

“Anchor It”, a new national safety campaign outlines the dangers of tip-overs and explains how easy it is to anchor furniture and TVs properly.

Families with children can easily prevent tip-over accidents by making sure televisions are placed on stable and sturdy furniture designed for this purpose. Wall mounted TVs are the best way to prevent tip-over but when TVs are not wall mounted they should be anchored to the wall. Heavy furniture should also be anchored with anti-tip brackets.  Small objects on top of furniture that may tempt children to climb onto the furniture to grab them should also be removed.

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The health condition of a family who suffered serious personal injury after being exposed to a banned pesticide while vacationing in a St-John luxury resort, last March, will most probably not improve, Governor Kenneth Mapp said last week in a status update. 49 year old Steve Esmond, his wife Theresa Devine, 48 and their two sons Sean, 16, and Ryan, 14, suffered seizures and never recovered fully after they were exposed to methyl bromide while staying at their Sirenusa Villa in St-John. As of Today, the dad suffers from severe paralysis and must be strapped even to sit, the oldest son remains paralyzed from the neck down and the youngest one is in and out of coma with no sensation in his limbs and no control of his body. Only the mother seems to be recovering and is doing rehab. The accident happened after Terminix , the company hired by the resort for pest control, used a pesticide identified as Meth-O-Gas to fumigate a condo adjacent to the family’s villa. Meth-O-Gas contains methyl bromide, a very dangerous pesticide whose indoor use is illegal on US territory. Read more in The Virgin Islands Consortium

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Pipe_installation_2During the summer, outdoor construction workers such as those raking asphalt or sweating pipes can suffer from personal injury such as dizziness, discomfort and the fogging of safety glass and put themselves and others at risk of accidents. In some cases heat exhaustion can even lead to death. According to OSHA statistics an average of 30 construction workers die every year from heat stroke.

Construction workers can mitigate these types of injuries by arriving at work rested, wearing light clothing, drinking water every 15 minutes, doing demanding tasks in early morning when the heat is lower and when resting in a shady area is possible. Workers should also check their colleagues for signs of illness. Symptoms of heat exhaustion include headaches, dizziness, lightheadedness, fainting, weakness, moist skin, mood changes such as irritability or confusion, upset stomach and vomiting. Heat stroke is an immediate threat to life. Rapid cooling with ice packs or cold water must begin at once. A victim may sweat a lot, but some may have hot, dry skin and no sweating. Either way, it’s an extreme emergency. Call 911 immediately.  For more info see the CPWR Hot Weather Toolbox

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BeforeAndAfterMINICooperSHalf a million people suffered personal injury and 1,700 died in more than 1.7 million rear-end vehicle accidents in 2012 in the US. Many of these accidents could have been avoided or at least mitigated if vehicles were equipped with collision warning systems paired with active braking systems according to a new Special Investigation Report from the National Transportation Safety Board (NTSB) entitled “The Use of Forward Collision Avoidance Systems to Prevent and Mitigate Rear-End Crashes“.  In the report the NTSB demonstrates the efficiency of such systems and criticizes the National Highway Traffic Safety Administration for not doing enough and being to slow in implementing performance standards for these technologies. The  report also notes that manufacturers have too little incentive to add these technologies to their new vehicles.

Picture: before and after a rear-end crash courtesy of Wikipedia

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wandering preventionIf a nursing home resident who suffers from dementia or Alzheimers gets injured because he or she wandered unsafely or into unsafe places, got hurt, eloped, got lost or became trapped in unsafe areas, the nursing home can be held liable for negligence because it failed to proprely supervise the resident.  Incidents of unsafe wandering happen most often in nursing homes that are understaffed or in which the staff is not proprely trained.

Because wandering represents a significant safety risk to older adults with dementia it is often a reason why a family makes the decision to place a loved one in a nursing home.  A good nursing home will train employees on how to prevent unsafe wandering and elopement, assess each patient on a regular basis as to his or her propensity to wander and balance safety and autonomy while implementing measures to deter unsafe wandering.

Families also need to understand the risks of unsafe wandering and elopement and what they can do to help. Discussions may prepare residents and family members who may be unused to seeing wandering behavior in others, and because residents may begin wandering after moving in, discussions might invite more conversation about past or current behaviors.

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Failure to diagnose neurosarcoidosis can be medical malpractice that can drastically impair the quality of life of a person. In its “Case of the Month” , the Journal of the American Academy of Physician Assistants (JAPA) discusses the case of a 68 year old woman who’s condition severely worsened after she was misdiagnosed. In 2011 the patient complained to her neurologist that she had difficulties walking. The neurologist’s diagnosis was normal pressure hydrocephalus and had a ventriculoperitoneal shunt placed to drain the increased Cerebrospinal fluid. The condition of the patient seemed to improve at the beginning but after two years the symptoms worsened and she developed double vision and couldn’t walk without a cane. The neurologist thought the problem was coming from the shunt and tried different adjustments that were unsuccessful.  The patient was using a walker and suffered from ataxia, weakness and increased urinary incontinence when she decided to consult with a neuromuscular clinic. The patient was diagnosed with a rare condition called neurosarcoidosis. The patient received cortocosteroids and her condition started to improve after 5 days.

Read the complete case in the Journal of the American Academy of Physician Assistants (JAPA)

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