New York Injury Lawyers Blog

September 18, 2018

With a Heavy Hand, New York City Regulates Uber

New York City became the first city in America to put a cap on the number of vehicles used by ride-hailing services last month. The move by City Council is part of a broader regulatory scheme meant to address a range of issues concerning ride-hailing services including their effect on medallion prices, driver wages and benefits, and limited access for New Yorkers with disabilities. Uber, Lyft, and Via – the three most prominent ride-hailing services in the five boroughs – decried the regulation and said that their services offered a pivotal service to low-income New Yorkers without access to taxis or the subway, in addition to jobs with flexible schedules.

In addition to capping the number of vehicles used by ride-hailing services at their current level of 100,00, the bill also allows for New York to set a minimum hourly rate for Uber and Lyft drivers. Previously, these drivers were considered independent contractors under the law – not employees – and therefore were not subject to minimum wage laws, among other protections given to employees. According to the City Council and Mayor de Blasio, the new law will put a “pause” on the industry for twelve months while it commissions a study on the effect of ride-hailing services on congestion which the Mayor said contributed to the “congestion grinding our streets to a halt” without citing any evidence.

August 25, 2018

New York Adopts “BSN-In-Ten” Law for Nurses

by Gallivan & Gallivan

New York became the first state in the country requiring all nurses to complete a four-year degree program, according to Nurse.com. The new law, which the American Nurses Association has lobbied for since 1964, marks the standardization of nursing education across the state. Under the new law, which took effect in January 2018, all nurses will have up to ten years from receiving their nursing license to complete a Bachelor of Science in Nursing. If a nurse fails to attain the four-year degree within the allotted decade then they will be stripped of their nursing license unless “extraordinary circumstances” can be shown.

The new law will not apply to currently licensed registered nurses in the state, students enrolled in a nursing program in New York State, or any individuals who have already been accepted to nursing school in New York State. In common parlance, these groups will be “grandfathered” in to the policy. For anyone that starts their nursing career or applies to a nursing school starting in 2018, the new law will apply. Under the previous law, nurses can become licensed in New York after completing either a two-year associates degree or a four-year bachelor’s degree and then passing a state licensing exam.

August 22, 2018

Nurses at Montefiore Hospital Say Bronx Patients Are Endangered

by Gallivan & Gallivan

After a lack of response from management, a group of nurses is going public about the poor treatment of patients at Montefiore Hospital in the Bronx. Speaking to The Daily News, the nurses describe “horror stories” of overcrowding, understaffed medical personnel, unsanitary conditions, and a management structure who seems oblivious or unconcerned about these serious problems. The deteriorating quality of care at the Bronx hospital endangers both patients, who are more likely to become sick with infectious diseases, and nurses, who are frequently attacked by mentally ill residents at the hospital.

In response to the allegations of overcrowding, understaffing, and inadequate medical care, a Montefiore spokeswoman pointed towards the Bronx hospital’s high ranking on Indeed.com – a website where employees review their employer. While Indeed may believe Montefiore is a pleasant work environment, their nurses disagree and, according to The Daily News, they have ample evidence. In one example, emergency room patients wait an average of 64 minutes before meeting with a healthcare professional – almost double the national average.

August 19, 2018

Woman Dies After Medics Falsely Assume She Cannot Afford Ambulance Ride

by Gallivan & Gallivan

In a stunning and tragic case out of Florida, a new mother passed away after four medics allegedly told the woman she could not afford an ambulance ride. The woman, Crystle Galloway, had recently given birth to a son via C-section a few days before the event. According to Galloway’s mother, Nicole Black, Galloway was found slumped over in the bathroom and immediately called 911. According to Black, she told the emergency dispatcher that something was wrong, but that her daughter was still breathing

When the medics arrived later, Black says they told her that Galloway had suffered a stroke. Then, amazingly, told her that she could not afford a ride to the hospital in an ambulance and proceeded to “buckle-up” Galloway in her mother’s vehicle. Speaking to ABC Action News, Black says, “They never asked us if we had insurance, which we do.” She continued, “The whole conversation as the EMS put my child in the car was that was best for us because we couldn’t afford an ambulance. My daughter begged for her life, she begged!”

August 17, 2018

Hospital Mergers and Acquisitions May Harm Patient Health, At Least in Short-Term

by Gallivan & Gallivan

After the rapid pace of consolidation in the healthcare industry over the past decade, many patient advocates are beginning to study the effects of these mergers and acquisitions on the quality of patient care. While many of the business executives in charge of these restructurings tout improved patient health as a benefit, it appears the opposite may be true – at least in the short-term – for many patients. The study, which was reported by STAT, found that new patient populations, unfamiliar infrastructure, and new settings for physicians caused the bulk of problems related to possible declines in patient health after a hospital merger.

Since 2014, there have been more than 100 hospital or healthcare mergers each year. Last year alone, there were 115 mergers and this trend is likely to continue. For that reason, it is important to learn about its effects on patient care. After thoroughly reviewing several randomly chosen mergers and acquisitions, STAT found a disturbing pattern of patient neglect. In two examples, a surgeon and an anesthesiologist ended up in the wrong part of the hospital after being summoned for a time-sensitive procedure. In another example, an ER doctor was given only thirty minutes of training before being put to work in an Emergency Room. According to STAT, “[The Doctor] had not been brief on how to obtain backup help in the case of an unexpected emergency.” Therefore, when multiple ambulances arrived with several critical patients, the hospital was overwhelmed and ineffective in treating the majority of patients. In all of these circumstances, the hospital had reorganized itself and not properly trained the medical staff at the hospital.

August 11, 2018

August 2 Marks Deadliest Day for Car Wrecks in America

by Gallivan & Gallivan

According to the National Institute of Highway Safety, August 2 is the most lethal day for driving a car in America – with 505 deaths on the day just between 2012 and 2016. As the most common cause of death in America, car accidents tend to peak in the summer, with three of the five most dangerous days occurring during the warmer weather months. Perhaps surprisingly, Thursday 8/2 is the deadliest day of the week to be driving.

The summer is “prime vacation time,” according to Bloomberg, which reported on the federal government’s study. The first week of August, especially, is the most common time for a family to take a road trip in America. According to the researchers, the increase in travelers on the road is essentially the sole cause of the higher accident rate in August. Anecdotal evidence also shows that “driving habits” tend to be more erratic in the summer months – with no icy, dark roads to fear. Other data indicating that August is the most dangerous month for American drivers? According to Nationwide Mutual Insurance, more motorists report claims in August than in any other month.

August 8, 2018

“Speed Week” Begins in New York

by Gallivan & Gallivan

An “enforcement blitz” against speeding motorists is expected over the coming week as New York performs its an annual “speed week.” The initiative, funded by the Governor’s Traffic Safety Committee, is entering its ninth year in the Empire State. Now an annual tradition, local police stations take to the streets and ramp up enforcement for driver’s disobeying speeding laws.

According to LoHud.com, Westchester residents should not expect any mercy or “warnings” if they are pulled over for speeding sometime in the next week. In fact, the entire slogan for the week is “Obey the Sign or Pay the Fine,” according to the state government’s website. Speaking on the topic of “Speed Week”, New Rochelle Traffic Unit Supervisor Detective Sgt Myron Joseph told LoHud.com, “Speeding drivers put themselves, their passengers, and other drivers at tremendous risk. Our goal is to save lives, and we’re putting all drivers on alert – the posted speed limit is the law.”

August 7, 2018

Speed Cameras in New York School Zones Program Ends

by Gallivan & Gallivan

Amid a steady decline in pedestrian deaths, New York lawmakers will allow a law allowing speed cameras in school zones to expire this week. According to Mayor de Blasio, traffic deaths have decreased 55 percent in school zones equipped with cameras. Despite its effectiveness and relatively low cost, the Republican-led state Senate refused to renew the program while in session, despite its passing the Democratic-controlled state Assembly

Originally part of Mayor de Blasio’s “Vision Zero,” the cameras originally went up across the city in 2014. Since that time, over 140 schools have been equipped with speed cameras across the five boroughs, according to NY1. Hoping the Senate would be recalled from recess to extend the deadline before it reconvenes in January, Mayor de Blasio accused the state legislators of “effectively legalizing deadly driving in New York City school zones,” and failing to “protect New Yorkers.”

August 2, 2018

Artificial Intelligence Attempts to Counter Patient Neglect at Hospitals, Nursing Homes

by Gallivan & Gallivan

Patient neglect causes serious issues in hospitals throughout the country, including pressure ulcers, falls and medication errors. However, a new company is attempting to gather data about patients using artificial intelligence which will, hopefully, led to fewer patients neglected in hospital rooms. The new sensor from start-up Inspiren is currently on trial at a hospital in Queens.

The sensor, which is roughly the size of a thermostat and possesses a glowing ring, will attempt to accurately report when a patient is “checked on” by a nurse or hospital staff member. While common procedure across the country, “hourly” check-ins by nurses are not uniformly followed when the hospital or staff are busy. The sensor, which is named “iN” will sit on a wall and monitor when a staff member enters and leaves a room. If the “iN” glows green, then the patient has been checked on recently. Unsurprisingly, yellow and red serve as warning signs that a patient may need assistance. Unsurprisingly, iN will come with an app notifying nurses whenever a patient has not been checked on in an hour.

July 25, 2018

Falls Are Second Most Common Cause of Death for American Workers

by Gallivan & Gallivan

A new study released by the American Journal of Industrial Medicine showed that falls remain the second leading cause of death for workers across the country. The study showed that falls represented 14 percent of all workplace fatalities in the United States during an 11-year period between 2003 and 2014. Workers with the highest rates of fatal falls were employed in the construction industry, representing 42.2 percent of all fatalities, and installation, maintenance, and repair, representing 12.5 percent of all workplace fatalities caused by falls.

Overall, a total of 8,800 workers died in America as the result of a fall during this 11-year period. The falls were further divided into the “length of the fall” and, unsurprisingly, workers that fell a single story or more were more likely to die as a result – with 84.7 percent of all worker deaths caused by a fall of “more than one level.” For workers that fell, but not a full story or level, only 12.7 percent of workers died. The remaining 2.6 percent passed away from “all other types of falls.”