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The attorneys at Gallivan & Gallivan provide effective, aggressive representation to individuals injured in the New York area. Our priority is to maximize the recovery of our clients injured due to the neglect of others.

Two NYC construction workers were killed when a 6,500 pound steel beam came crashing down from the fourth floor or a building after a crane wire snapped. Department of Buildings Commissioner (DBC), Rick Chandler, believes the rigging rope failed which caused the beam to fall. The city will conduct an investigation to find out whether the wind was a factor in the accident; winds were gusting at almost 40 mph.

The equipment is owned by Cranes Express Inc. and was being used to build a residential building in Briarwood, Queens.  Last January, the company received a $3,500 fine from the federal Occupational Satefy and Health Administration for a “serious” violation at a construction site in Brooklyn. A source from DBC said the equipment passed inspection in June and an employee from the company did not have a comment or information at the time. Continue reading

A study conducted by the AAA Foundation for Traffic Safety has found voice activation technology in cars to be distracting and that it takes drivers 27 seconds to regain full alertness after making a command.  For example, a car going 25 mph can travel the length of three football fields before the driver’s brain fully refocuses on driving after use of this technology. One of the researchers compared the use of these systems to balancing a checkbook while driving, something no one would do. Researcher and professor at the University of Utah, David Strayer, stated once a person shifts their attention to interacting with the device they stop scanning the road and do not anticipate hazards or things in their way.

573 adult drivers were surveyed for the study in Washington, D.C. and concluded that hands-free driving distracts one-third of drivers even with their hands on the wheel and eyes on the road. Seven out of 10 surveyors believed they were only distracted for 10 seconds after using an in-vehicle device to dial a phone number or change the radio station. Meanwhile, 88% said they believe other drivers are “very distracted or somewhat distracted” while using these devices. AAA spokesman, John B. Townsend stated that everyone believes they are the exception, exaggerating our ability to handle these technologies and loathing the thought of other people using it. Continue reading

Angelita Williamson, a surgical nurse aide in East Harlem, has been accused of silencing an elderly patient’s life-support alarm overnight in order to get some rest. On January 13, 2015 Williamson was assigned the task of a “one-to-one observation” in which she would monitor the patient’s ventilator overnight to ensure it was working. Colleagues claim they caught the surgical aide sleeping several times during the night with the curtain to the room drawn.

An administrative hearing was held in which three members of the hospital staff attested to Williamson’s sleeping. One person saw her wrapped in a blanket asleep with the lights off and another said she had to shake and hit her to wake her up. The third person stated he entered the room before dawn and saw the patient’s oxygen alarm going off, but the sound had been muted.  Despite the events, the patient was unharmed. Continue reading

A 43 year old construction worker died after an accident at a construction site in Brooklyn on October 11 when a piece of machinery snapped and hit him in the head.

The construction worker was operating a pile drilling machine when a shackle from the machine snapped and hit him in the head and left him unconscious. NYPD responded to a call and found the man “unconscious and unresponsive with severe trauma to the head and body; he was pronounced dead at the scene. A security guard at the scene stated he left briefly to grab lunch and by the time he came back, the man was dead. He continued to say it is sad the man went to work and is now gone.

The attorneys at Gallivan & Gallivan take pride in representing the workers in all trades.  In the event you have any questions about your rights as a worker, please contact us.

An audit of Westchester Medical Center (WMC) found company executives were paid millions of dollars in bonuses between 20013 and 2015. State Comptroller, Thomas DiNapoli’s office found that $4.6 million dollars were to paid to 18 employees without sufficient record keeping as to why the payments were made.  The hospital was audited because it is a public authority, meaning it follows different state laws than the state’s nonprofit hospitals. The audit did find that some largest bonuses, paid to the CEO and CFO, followed state regulations; the two top executives were paid a total of $2.7 million in bonuses over three years.

WMC officials disagreed with many of the findings and noted they will be implementing a new bonus payment program in order to better comply with the state law and regulations cited in the report. The health system stated they maintain their total compensation approach and salary withhold process are in compliance with the incentive guidelines set forth by the Comptroller’s office. Auditors noted that in the past, state regulators have required an evaluation program with specific criteria and other rules. Continue reading

The Centers for Medicare & Medicaid Services (CMS) released their new hospital grading system in July, called the Overall Hospital Quality Star Rating. The system rates hospitals in a way similar to movie theater ratings prompting criticism from a group representing care centers in New York.

The first report was released in July after a three month delay due to hospitals and other medical groups questioning of the methodology used. The new system focuses on rating areas that were not previously available to the public, such as hospital safety and mortality ratings. The ratings will be published quarterly and will include new measures and remove retired measures. Continue reading

Coney Island Hospital (CIH) received a one-star rating on The Centers for Medicare & Medicaid’s (CMS) new rating system, after city officials boldly defended the facilities quality of care. The CMS released their first report card in July 2016 on the 3,600 hospitals in the country, after a three month delay due to criticism. The system grades hospitals on a one-to-five star scale, based on the following seven categories: mortality, safety of care, readmissions, effectiveness of care, timeliness of care, uses of medical imaging and patient experience.

CIH is a one of 11 city-run public hospitals, which all received low ratings on the grading system; eight of the hospitals received a rating of one-star while the remaining three received two-stars. Over the past year, there have been several articles published on the less than favorable care the hospital provided, including the death of a patient due to misdiagnosis in the emergency-room. Dr. Ramanathan Raju, President and CEO of NYC’s municipal-hospital system, fought against these accusations by saying he has used CIH himself for 15 years and sends his children there. In May 2016, Raju told hospital staff not to be “distracted by misguided attempts to tear down the essential work of the public-hospital system.” Continue reading

Delfino Cuautle, a 46 year old resident of Brooklyn, NY lost his right leg due to medical malpractice and flaws in management that resulted in a 13 hours of agony. Cuautle was leaving work on September 22, 2015 around 6 A.M. when he was struck by a car; EMS arrived within three minutes of receiving the call and taken to Coney Island Hospital for medical treatment. Within an hour of being at the hospital, doctors determined there was no blood in his right leg which was cold to the touch. A C.T. scan showed Cuautle was in need of emergency vascular surgery in order to rescue the limb.

Coney Island Hospital does not have a vascular surgeon so a call was made to the emergency number at Kings County Hospital. The emergency number is supposed to be answered within three rings, however no one picked up forcing them to leave voicemails. Cuautle was transferred to Kings County Hospital after 2 P.M. but Coney Island Staff forgot to send the C.T. scan with him. Despite the cities new $1 billion electronic medical records system, they could not send the scan electronically causing another C.T. scan to be done at Kings County Hospital delaying surgery for another three hours. Continue reading

According to The Center for Disease Control and Prevention’s (CDC) weekly Morbidity and Mortality Report, the United States (U.S.) has the highest vehicle crash death rate of 19 high-income nations, such as Belgium, Slovenia, Spain and France. In 2000, each of those countries had a death rate of 14 per every 100,000 people. The U.S.  rate decreased 31%, however this paled in comparison to the 59% decrease of other comparable countries. The greatest reduction was seen in Spain with a decrease of 75% from 2000 to 2013; Slovenia also reduced their rate by 62%.

limo-accident-1439099In 2013, the U.S. had the highest death rate, remaining in the double digits at 10.3 per 100,000 while other nations significantly reduced their rates. Belgium remained at second highest, however their rate significantly lower at 6.5 per 100,000. The year 2013 also saw the loss of 33,000 U.S. lives year due to motor vehicle related crashes.  The nearly 33,000 people who died in car crashes in 2013 is almost 10,000 more than all of the vehicle-related deaths in all comparable 19 countries, while the U.S. population does not amount to the total population of those countries.  If the U.S. was able to maintain the same death rate as Belgium, approximately 12,000 lives would have been saved that year and $140 million in medical expenses avoided.

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In 2011, a researcher from the Triple AAA Foundation for Traffic Safety published a report on the death rate in pedestrian-car accidents based on federal study of car crashes from 1994-1998; the study found the faster a car was going or the older the pedestrian, the deadlier the outcome of the accident. Lena Groeger, the author of the cited article, created an interactive chart based on the Triple AAA data, showing the correlation of speed and the age of a person, which is available on the link below. The interactive chart shows a 30 year old hit by a car going 45 mph has about a 50% chance of being killed, while a 70 year has a 50% chance of dying when hit by a car going 35 mph. Although these percentages are not exact, they show that age makes a significant difference.  In addition to age playing a role, the chart shows that cars going over 20 mph rapidly become more deadly.

According to the Triple AAA data, a person is 70% more likely to be killed when struck by a car going 30 mph versus 25 mph. In 2014, Mayor Bill de Blasio decreased the speed imageNew York City (NYC) speed limit from 30 mph to 25 mph. NYC saw the fewest traffic accidents in 2015 since 1910; there were a total of 231 deaths with 134 of them being pedestrian.  Many saw the decrease in the speed limit as unnecessary and annoying but it makes a difference in the survival rate of those who are hit. Tobias Niebuhr, a statistician at the University of Hamburg who studies pedestrian risk recently published a study showing oldespeed imager people are more likely to seriously injured or killed at all collision speeds. Continue reading

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