New York Injury Lawyers Blog

March 7, 2020

Tarrytown Hall Care Center Cited for Abuse

by Law Offices of Thomas L. Gallivan, PLLC

Tarrytown Hall Care Center in Tarrytown, New York has received 26 citations for violations of public health law between 2015 and 2019, according to records provided by the New York State Department of Health and accessed on November 4, 2019. The citations resulted from six inspections by the Department, the public entity responsible for enforcing safety and health standards in New York nursing home facilities. The violations described in these citations include the following:

1. The nursing home failed to ensure its residents’ freedom from abuse and neglect. Nursing home facilities are required by Section 483.12 of the Federal Code to respect their residents’ right “to be free from abuse, neglect, misappropriation of personal property, and exploitation.” A January 2019 citation described Tarrytown Hall Care Center’s failure to ensure one resident’s right to be free from abuse in a situation where, after that resident struck a Certified Nursing Assistant, that assistant “responded by tossing liquid from a cup he was holding in his hand directly towards [the resident’s] upper body and face area,” then pushing that resident’s wheelchair into a hallway, where another assistant had to intervene to stop the rolling wheelchair. The citation notes that the resident in question was “severely cognitively impaired” and dependent on a wheelchair for mobility and personal assistance to move around the facility.

March 3, 2020

One-Third of Manhattan Bikers Text While Cycling

by Law Offices of Thomas L. Gallivan, PLLC

An astonishing one-third of New York City bicyclists text while commuting around the city, according to a recent study by Hunter College. To perform the study, the local college observed 46 intersections in the busier parts of Manhattan (between 14th Street and 86th Street) this April. Researchers gathered observational data on cell phone use, helmets, and traffic safety. When it comes to cell phone use, Manhattan bikers appear unconcerned with the distraction – 30.2 percent of cyclists used their cell phones, according to researcher’s observations. This number is significantly higher compared to six years when Hunter College conducted the same study. In 2013, researchers observed only 10 percent of bicyclists using their phones.

According to the study’s researchers, the increase in “texting while cycling” could be caused by increased safety initiatives taken by the city, which include dedicated bike plans. On the whole, researchers say it is most likely just part of a larger trend. Peter Tuckel, Hunter sociologist and author of the study, told The New York Post, “There’s been an enormous upsurge in the number of people in general who use electronic devices – whether it be pedestrians, drivers, or cyclists.”

February 14, 2020

Physical Barriers Work Best to Prevent Bike Accidents

by Law Offices of Thomas L. Gallivan, PLLC

Physical barriers appear to provide the most safety benefits for bikers, according to a new study out of Australia. The study compared several stretches of bicycle lanes in Melbourne. The Australian researchers equipped bicyclists on each route with sonars and camera that could measure the distance and speed of each passing car. After gathering data over the course of a month, the academics analyzed the relationship between bike lane infrastructure and bike safety.

The results of the study showed that a physical barrier provided superior protection to bicyclists. On average, cars overtaking bicyclists left the shortest amount of distance between themselves in bicycle lanes marked solely by painted lines – a full 10 inches less than a bike lane with a physical barrier. Providing insightful analysis on the study, ArsTechnica interviewed the author of the study, Dr. Ben Beck, who said, “We know vehicles driving closely to cyclists increases how unsafe people feel when riding bikes and acts as a strong barrier to increasing cycling participation. Our results demonstrate that a single stripe of white paint does not provide a safe space for people who ride bikes.”

February 3, 2020

New York City Construction Injuries Increase 221 Percent Since 2014

by Law Offices of Thomas L. Gallivan, PLLC

The deadliest industry in New York is becoming even more dangerous with injuries caused by construction accidents increasing a hefty 221 percent in the last five years. According to CBS New York, deaths in the construction industry alone increased by 33 percent in the same time period. Just last month, three New York construction workers died while on the job. In SoHo, a worker was crushed by a crane. The other two workers died from falling debris at their worksite.

According to the local news station, there are two primary causes of the increase in workplace injuries. First, New York City is experiencing a construction boom. Gary Labarbera, President of NYTC Building and Construction Trades Council, told CBS News that despite a “busy, robust construction market… there shouldn’t be anywhere near this many fatalities.” The second (and related) reason involves contractors who are “willing to underbid to the job” and then “cut corners everywhere they can find,” says bricklayer Jerry Gozdyra. Unfortunately, these contractors and construction companies often undercut the safety of their workers. “It’s always been a dangerous profession, but deadlines and pressure from when you [have to] get [the work] done sometimes cause you to take risks. If you’re given the time and proper equipment you have a better chance of working safely,” masonry restoration specialist Christine Azzoli told the local news channel.

January 17, 2020

How to Drive Safely Around Large Trucks

by Law Offices of Thomas L. Gallivan, PLLC

Barely touched upon in drivers education courses, driving around large trucks or 18-wheelers can provide drivers with unique challenges and severe consequences. Given their limited visibility and difficulty maneuvering, it is unsurprising that 72 percent of all trucking accidents involving 18-wheelers are their own fault.

Regardless, there are still several tips that drivers can use to avoid being injured in an accident with a large truck, according to Drive Safely.

January 16, 2020

New Report Describes ‘Extremely Alarming’ Rates of Maternal Mortality

by Law Offices of Thomas L. Gallivan, PLLC

The United States stands alone in the developed world for its high rate of maternal deaths. According to the Centers for Disease Control, approximately 700 women die each year during childbirth. According to NBC News, the number of maternal deaths is even more disturbing because they seem to be isolated to racial minorities, particularly black women. In New York, which has been fruitlessly trying to reduce its maternal mortality rate, the number of deaths is still increasing and the race gap is growing larger each year. Last year, a black woman was 12 percent more likely to die during child birth in New York.

“It’s extremely alarming,” Dr. Taraneh Shirazian, an NYU professor and author of a recent study on the subject, told NBC News. “We actually learned that most of the women who died had received no prenatal care. These women who are under-served in the city are not seeing their physicians.”

The study analyzed New York’s maternal death rate over the last two decades and focused on the effect of several initiatives – some at the hospital level and some at a government level – to reduce the rate. “What we found was that hospitals are doing some programs to reduce maternal mortality, and there are programs being done in the community as well, but they’re not linked up.” According to Dr. Shirazian, this lack of coordination means minority mothers and low-income mothers are unable to reap the “maximum benefits” of the program.

January 13, 2020

High School Principal Admits “Mistake” for Student Burned in Chemistry Experiment

by Law Offices of Thomas L. Gallivan, PLLC

Beacon High Principal said she “made a mistake” by overlooking safety procedures that led to the unfortunate disfigurement of a student when a chemistry experiment went awry in 2014. According to The New York Daily News, a chemistry teacher at the prestigious Manhattan school created a fireball in the classroom in a “rainbow experiment.” According to the newspaper, this chemistry experiment involves “pouring a one-gallon jug of methanol directly onto hot Petri dishes… producing multi-colored flames.”

Unfortunately, the experiment went awry and Alonzo Yanes was horrifically burned. Medical reports show that the high schooler spent months in the hospital recovering and required skin grafts on more than 30 percent of his body. Testifying before the court in Manhattan, Yanes said he lives with excruciating pain and a permanently disfigured body. According to the teacher, she performed the experiment correctly although safety experts testified that pouring the methanol from a beaker instead of directly from a jug could have prevented the disaster.

January 8, 2020

Poor Patient Outcomes Associated with Visiting Doctor in Afternoon

by Law Offices of Thomas L. Gallivan, PLLC

A new study suggests that doctors are more likely to skip screenings and otherwise make mistakes with patients later in the day. According to a JAMA Network Open study, doctors ordered fewer breast and colon cancer screenings for patients with an afternoon appointment – despite the fact that all patients were due for a screening. According to the study, the doctor was most likely to order a medical screening for his patient with an 8 AM appointment. By 4 PM, the likelihood that the doctor would order screens for their patient had dropped by 10 to 15 percent.

Other studies have confirmed that poorer outcomes for patients are more likely in the afternoon. A 2014 study, cited by The New York Times, found that doctors were more likely to dole out unnecessary antibiotic prescriptions in the afternoon. In fact, the likelihood of an unnecessary antibiotic is 26 times higher for a 4 PM appointment compared to an 8 AM appointment. Other studies located by the New York Times found that patients were less likely to receive the flu vaccine and more likely to receive prescription opioids for back pain. Even the amount of hand washing by doctors fell during the afternoon hours.

January 6, 2020

Burned Out Doctors Endanger their Patients

by Law Offices of Thomas L. Gallivan, PLLC

With more doctors putting in long hours, the profession now carries one of the highest risks of burnout. According to the AMA, physicians suffer from “burnout” roughly twice the rate for the general population. The blame, according to doctors, lies in the corporatization of healthcare which has rapidly accelerated over the last decade. Doctors say that corporate healthcare chains squeeze as many patients as possible onto each doctor attempting to maximize their revenue. This leaves doctors without adequate time to diagnose a patient, record their medical information, and deal with their health insurance companies. In a New York Times article, the author states that doctors work nights and weekends to adequately care for all their patients at “a high personal cost.”

Regulations also eat up an unnecessary amount of time, according to doctors. The E.M.R. or Electronic Medical Record appears especially burdensome. Data shows that primary care physicians are now spending two hours typing into the E.M.R. for each hour spent with their patients. The time spent on the E.M.R. does not even include the compliance workshops and continued medical education required of all doctors.

January 5, 2020

Ohio Doctor Charged with Intentionally Killing At Least 25 Patients

by Law Offices of Thomas L. Gallivan, PLLC

Last month, an Ohio doctor was charged with killing at least 25 of his patients administering lethal levels of the powerful opioid fentanyl. After four years of intentionally drugging his patients, murderous doctor’s killing spree finally ended late last year when a pharmacist finally alert hospital authorities. After an internal inquiry, the hospital deemed the deaths of 35 Dr. William Husel’s patient’s “suspicious.” Now, patients told that their loved ones died of natural causes are furious at the doctor and the hospital for allowing the doctor’s murder spree to continue for so long.

According to The New York Times, Dr. Husel began prescribing lethal amounts of fentanyl to patients at least four years ago. Typically, the doctor would prescribe these deadly doses to patients unlikely to survive anyway. As an acute care doctor who worked the overnight shift, prosecutors say he frequently worked with “new nurses” who may have lacked the experience or bravery to challenge the doctor’s prescribing habits. According to interviews with hospital authorities, the pharmacists also proved complicit in the overdoses by overriding hospital protocols which specifically warned about the likelihood of death caused by a massive fentanyl dose. Amazingly, prosecutors say they will not charge any other hospital staffers in the deaths although some have lost their jobs and nursing licenses.