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January 2016 Archives

New York Fan Win After Being Kicked In Accident

accident-attorney.jpgYour favorite football team the New York Giants just lost by only 3 points in a heartbreaker to the New England Patriots. All you want to do is leave the stadium and get home and sulk in the gloom of the defeat. You leave your seat that you paid good money for and head for the escalator to exit the stadium. All of the sudden you feel the steps begin to speed up and then abruptly stop causing you and others to tumble down the sharp steel steps. Looks like you now have more than just the Giant's loss to be pissed off about. You've been injured in an accident and now have personal injury battle ahead of you. This is what happened four years ago at the Giants stadium, injuring seven people, sending five to the hospital and costing one victim part of a leg. Two of the people were treated at the stadium for minor injuries but the rest were sent to a medical facility for treatment. Their injuries ranged from minor scrapes to a crushed foot. A personal injury suit was brought against Schindler Elevator, the company that manufactured and maintained the escalator at the New York stadium. The company recently agreed to an undisclosed settlement in the negligence case to cover the personal injuries to the victims of the malfunctioning 60-foot escalator. The event was similar to what happened in 2003 at Coors Field in Denver. A descending escalator began to speed up and then stopped suddenly causing a pile of people to be thrown to the bottom of the escalator. Dozens of people were injured here too, with a few people being hospitalized. Is it so much to ask to attend a sporting event on a day off without the fear of getting injured in a preventable accident? Source The Associated Press: "Settlement reached in Giants Stadium escalator lawsuit," On behalf of Kammholz Law PLLC posted in Personal Injury

New York Tour Bus Accidents Draw Attention to Safety Deficiencies

ee37b30e2be90825d0471404ee494797e170ffd41db4124096f7c97baf_640.jpgA devastating series of tour bus crashes in New York over the past month has highlighted the need for stricter enforcement of safety regulations. On August 3rd a tour bus returning to New Jersey from Niagara Falls overturned on a rain-slicked roadway. 19 people were taken to the hospital. Governor Cuomo Responds to Tour Bus Accidents In response to the crashes Governor Cuomo announced the suspension of the operating licenses of 8 charter and tour bus companies for repeatedly failing safety inspections. The companies were singled out because each one of them had failed at least three inspections of buses and/or drivers over the past six months. Although the New York State Department of Transportation conducts over 160,000 schedules safety inspections a year and 120,000 surprise inspections, these clearly are not adequately addressing the problems with motor coach safety. The agency is responding by hiring 20 additional inspectors to focus on increased inspections for bus companies who have repeatedly had problems with safety inspections.
Injury-Attorney.jpgSafety Regulations in New York State In New York, bus drivers carrying passengers are responsible for completing safety checklists either prior transporting any passengers and must report any deficiencies to the bus company or their representative immediately upon their discovery. Tour bus drivers must inspect the brakes, tires, lights, mirrors, wheels and rims, emergency exits and equipment as well as the steering columns. If they become aware of a problem during a trip, they must report it for immediate correction. Regulations Fail to Address Driver Fatigue The most serious danger to passengers cannot be discovered by a checklist. According to an Amalgamated Transit Union report, a ten-year Department of Transportation study revealed driver fatigue is the number one cause of all motor coach fatalities. The condition of the bus itself was the second followed by the medical condition of the bus driver. Although the Federal Motor Carrier Safety Administration enforces time restrictions on the driving time of all bus drivers, the agency may not be doing enough to address the causes of these bus accidents in New York. Tour bus companies frequently push motor coach drivers into working on short notice or extended shifts, endangering the lives of everyone on board. Until motor coach companies are held accountable for these careless infractions, these violations will continue and lives will be senselessly lost.

After a serious injury in a bus accident an personal injury attorney can give you the guidance on how to proceed.  

Emergency Rooms the Most Common Source of Diagnostic Errors in New York

Emergency-room-errors.jpgEmergency room errors are very common and diagnostic errors make up between 37 and 55 percent of all malpractice claims. Most of these mistakes take place in hospital emergency rooms. These errors cost medical malpractice insurers over $1 billion annually. Instead of continually paying out for their mistakes, hospitals are now taking steps to address the causes of these errors. The two most common reasons for diagnostic errors are lack of access to information and lack of communication between doctors and nurses. N, either by failing to provide test results or misreading tests, are a leading cause of mistakes. This frequently leads to doctors making decisions about a patient's care without having all of the critical information that is needed. Ironically, the use of Electronic Medical Records (EMRs), which are supposed to aid the flow of information, may actually hinder it. Emergency room employees enter pertinent information into the EMR database, but don't bother to communicate the information verbally to their colleagues in the emergency room. Other sources of diagnostic errors are an inadequate medical history of the patient as well as missing or lost information. Records of abnormal vital signs and misplacing critical information during a shift change could have New York hospitals. To address these communication errors, hospitals are initiating changes to their procedures such as "the huddle" or "time-out". The huddle is an effort to ensure that all critical information is available to the entire team when treating a patient. The time-out empowers nurses to step-in and suspend the discharge process if they have reason to believe something is being missed. Source: Dark Daily, "Hospitals Take Steps to Drive Down Medical Errors in Their Emergency Departments," 7 September 2011, Pamela Scherer McLeod

On behalf of Kammholz Law PLLC posted in Emergency Room Negligence on  

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