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 wrongful death

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Pigment_stone_extractionAfter two patients died and many other suffered personal injury from a recent “superbug”outbreak involving duodenoscopes, the safety of these medical devices (see previous blog) and the method used by hospitals to reprocess them are being questioned. In a recent Hazard Report, the ECRI Institute is recommending culturing Duodenoscopes as a key step to reducing carbapenem-resistant Enterobacteriaceae (CRE).  The Institute believes that duodenoscope procedures are vital when treating and diagnosing conditions of the gall bladder and pancreas with Endoscopic Retrograde Cholangiopancreatography (ERCP) procedures and the risk of infection can be mitigated if hospitals upgrade their reprocessing methods by also scope culturing.The Institute recommemds that hospitals not only check with the duodenoscope manufacturer as to whether they are using the appropriate reprocessing method but also add a baseline culture of all duodenoscpoes.  Read the complete ECRI High Priority Hazard Report 
Picture Duodenoscopy image of two pigment stones extracted from common bile duct courtesy of Wikipedia

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NSC35,400 people died and 4.3 million people suffered personal injury that required medical attention last year on American roads according to preliminary statistics from the National Safety Council (NSC). The number of crash fatalities is 0.5% higher than in 2013 however because 2014 was a year of economical expansion during which the estimated mileage on US roads increased 1.4%, the estimated annual mileage death rate was 1.18 deaths per 100 million vehicle miles traveled, a decrease of 1% from the 2013 rate. It is also the lowest NSC preliminary estimate ever recorded. The number of personal injuries that occurred during a crash in 2014 was unchanged.  Read more in Automotive Fleeet

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Medical negligence by doctors or medical staff who do not respect cleaning procedures or fail to discard contaminated implements are often the reason why hospital patients are getting infected by contaminated instruments.  Yesterday, UCLA Medical Center announced that 179 patients may have been infected by the super-bug bacteria carbapenem-resistant Enterobacteriaceae (CRE) transmitted by two infected endoscopes during diagnosis and treatment of pancreatic and bile duct problems. The hospital also said that two patients died of complications related to this issue. Outbreaks of CRE and other superbugs are a major issue among hospitals in the USA and all over the world. A recent study  found that if the rampant spread of super-bugs wasn’t halted it could kill up to 10 million people a year worldwide and cost $100 trillion. Read more in the New York Daily News

 

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When a car accident occurs, some cars are safer than others and will  protect occupants from severe personal injury or death more effectively. The Buick encore and its cheaper version, the Chevrolet Trax just earned the Top Safety Pick award from the Insurance Institute for Highway Safety. To qualify for Top Safety Pick a car  must earn a “good” or “acceptable” rating for small overlap protection and a “good” rating in the institute’s moderate overlap front, side, roof strength and head restraint crash tests. The 2015 Encore received the highest score (“good”) in the small overlap crash test compared to the 2014 model which was rated “poor” in the same test a year before. The small overlap test replicates a collision during which the front corner of a car hits another car or an object such as a light pole or a tree. Read more in the IIHS press release

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AED.jpgWhen a person is injured or dies because of an automated external defibrillator failure, it is often the result of a defective design or a manufacturing flaw such as the inadequate quality control of outsourced components. Automated External Defibrillators (AEDs) are usually stored in public places and ready for use if someone suddenly suffers from a life threatening cardiac arrhythmia. Unfortunately these medical devices have a history of malfunctions. In the last 10 years the FDA received more than 72,000 medical reports associated with defective AEDs. During the same period of time, 111 recalls were conducted affecting more than two million defective products.

Therefore the FDA decided to take additional steps to improve the quality of these products. The agency issued a final order that will require AED manufacturers to submit premarket approval applications (PMAs), which undergo a more rigorous review than what was required to market these products in the past.

Read the FDA press release here

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most%20wanted.jpgTransportation accidents are killing and injuring thousands of people every year. Many of these accidents are preventable.

To support and increased awareness of the most critical changes needed to reduce these accidents the NTSB is releasing every year its most wanted list.

This year, distracted driving caused by portable electronic devices (PEDs) is at the top of this list, followed by substance impairment while operating a vehicle and helicopter safety. Implementation of train control, improvement of rail tank car safety, increased safety in mass transportation, prevention of loss of control in non-airline flights, medical fitness for duty, strengthening of commercial trucking safety and strengthening procedural compliance among airlines are the other priorities on the NTSB Most Wanted List.

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Winter%20Weather%20Driving.jpgWinter weather conditions make the roads more dangerous and increase the risk of a car accident that could result in severe personal injury or death. Before you take a trip make sure to check the weather forecast and the road conditions and also verify if you need tire chains. Safe driving is key to prevent car accidents during the winter. Here are a few basic safety tips that can make a big difference when driving on wintry roads:

– Brush the snow and the ice from your car before driving – Buckle up. Seat belts are the most effective way to prevent death or severe injuries in a crash – Check the weather forecast and plan ahead what you will do if conditions are getting worse – Allow yourself a lot of extra time to your destination – Keep your headlights on all the time so you are more visible to others
– Drive smoothly, abrupt driving maneuvers such as sudden braking can be fatal – Lower your speed and allow extra space between you and the car in front of you

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A man died in a fiery truck accident involving 3 tractor trailers on the New Jersey turnpike last night.

All 3 tractor trailers were traveling in the same direction when one of the truck drivers lost control of his vehicle causing a crash with two other trucks. All 3 tractor trailers caught fire.

The police are still investigating the cause of the accident.

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Drowsy%20driving.jpgDrowsy driving plays a role in 21 % of fatal car accidents, in 13% of the crashes resulting in hospitalization and in 7% of the accidents requiring treatment for personal injuries according to a new report from the AAA Foundation for Traffic Safety.

The report based on a representative sample of 14,268 crashes demonstrate that drowsy driving is a serious traffic safety issue and that official statistics from the NHTSA do not provide an accurate picture of the prevalence of the probleme

Download the complete Prevalence of Motor Vehicle Crashes Involving Drowsy Drivers report

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Steigman%20and%20Sallay.pngA settlement in the amount of $1,750,000 was obtained by our partners New York Medical Malpractice Attorneys Ernie Steigman and Chris Sallay for the Wrongful Death of a 41-year old pregnant woman due to the Medical Malpractice of her Obstetrician and his office staff.

In this case, the decedent, who was about 10 weeks pregnant with triplets, had called her doctor’s office complaining of pain in her leg and shortness of breath on a Saturday. The nurse she spoke with advised her to come into the office on Monday. When she arrived on Monday, the doctor examined her but failed to take a Doppler study to determine the source of her leg pain. She was sent home and the next day she died from an undiagnosed venous thrombosis. She left behind her husband. The matter settled shortly after the start of the lawsuit for nearly all the available insurance proceeds.