Sackstein Sackstein & Lee, LLP by cjleclaire
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Bedsores Due to Nursing Home Neglect – Frequently Asked Questions
by cjleclaire
Oct 09, 2018 | 3062 views | 0 0 comments | 155 155 recommendations | email to a friend | print | permalink

What Systems Should Hospital Staff Follow to Monitor Medical Conditions?

Monitoring a medical condition in a patient requires following set medical standards and guidelines that have been established to ensure that treatment is working and that a patient is recovering.

Medical schools at universities and hospitals that oversee surgery and treatment devise policies and protocols to prevent medical conditions from worsening or from occurring in the first place.

Study Reveals Failure to Monitor Infection and Ventilator Use

Columbia University conducted research that was published in the American Journal of Infection Control. The study reviewed infection control efforts at U.S. hospitals and was the most comprehensive study done in 30 years.

Infection control efforts are a specific type of patient monitoring. The study found that even intensive care units were lax in complying with policies. This was particularly shocking since ICUs are more prone to monitoring the devices they use than other areas of hospitals. Use of central lines, urinary catheters and ventilators is common in ICUs.

Study Findings

Best practices for preventing infections includes using checklists that help medical staff prevent bloodstream infections and avoid pneumonia in ventilator patients.

Note: Improperly inserted, utilized and maintained catheters can transmit deadly infections to the bloodstream.
Note: One straightforward and easily monitored item on a ventilator checklist is keeping patients elevated in bed, with the head higher than the feet. This one simple method can help prevent pneumonia.

The study found:

  • Checklists were followed about 50% of the time.
  • If hospitals would use, electronic monitoring systems and staff who are certified in infection control, they would improve policy compliance.

Statistical Facts

  • Health care-related infections kill an estimated 100,000 Americans per year
  • Such costs result in an estimated $33 billion in excess medical expenses
  • Only one third of ICUs have an electronic surveillance system to track compliance with infection-prevention policies at the clinician level
  • More than 33% of hospitals failed to employ a full-time clinician certified in infection prevention to supervise compliance
  • More than 90% of ICUs had checklists for sterile insertion but policies were followed about 50% of the time.
  • ICU’s followed their checklists 50% of the time when using ventilators

If you suspect that a failure to monitor a patient’s medical condition resulted in serious harm or death, consult with an experienced attorney. At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss concerns about medical malpractice.

 

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How Would You Know Whether Your Newborn Suffered from Hypoxia and Asphyxia?
by cjleclaire
Sep 25, 2018 | 4994 views | 0 0 comments | 242 242 recommendations | email to a friend | print | permalink

Symptoms of Birth Hypoxia or Asphyxia that Parents Should Be Aware of

Birth hypoxia and asphyxia both refer to lack of oxygen to the brain in a fetus. This can occur right before, during or immediately after birth.

Seattle Children’s Research Foundation explains that a baby’s cells do not function properly when deprived of oxygen and nutrients. Oxygen deprivation can result in waste products building up in the cells, which causes damage.

What Factors Determine the Degree of Harm?

Factors that determine the extent of harm include:

  • The length of time the baby was deprived of oxygen
  • How low the baby’s oxygen level is
  • The speed with which the baby receives proper treatment

When hypoxia or asphyxia is mild, babies can fully recover. When it is severe, a baby may suffer from permanent injury, affecting the baby’s brain, heart, lungs, kidneys, bowels or other organs.

What Can Cause Asphyxia or Hypoxia?

The following can result in these medical conditions:

  • Airways blocked in the baby
  • Baby’s airway is not properly formed
  • Too little oxygen in the mother’s blood prior to delivery
  • Difficulties with the placenta prematurely separating from the womb
  • A long or difficult delivery
  • Umbilical cord problems during delivery
  • High or low blood pressure in the mother
  • Anemia in the baby where the baby’s blood cells do not carry enough oxygen

What You Should Look for

When suffering from asphyxia or hypoxia, a baby could be manifesting the following symptoms:

  • Not breathing or very weak breathing
  • Abnormal breathing
  • Poor blood circulation
  • Lack of energy (lethargy)
  • Low blood pressure
  • Not urinating
  • Blood clotting abnormalities
  • Skin color is bluish, gray or lighter than normal
  • Low heart rate
  • Poor muscle tone
  • Weak reflexes
  • Too much acid in the baby’s blood (acidosis)
  • The baby’s first stool shows evidence of amniotic fluid stain
  • Seizures

If you suspect that medical malpractice might have been a factor in your child’s care, consult with an experienced medical malpractice attorney. At Sackstein Sackstein & Lee, LLP , we offer a free initial consultation to discuss your concerns.

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Construction Accidents Involving Falls from Heights
by cjleclaire
Aug 21, 2018 | 10167 views | 0 0 comments | 471 471 recommendations | email to a friend | print | permalink

Why Are Falls from Heights So Significant in New York City?

New York takes construction accidents involving falls from heights very seriously. In fact, the NY State Legislature passed the Scaffold Law (NY Labor Law 240) more than a century ago based on its safety concerns.

Despite complaints about the Scaffold Law from general contractors and companies involved in the New York construction industry, numerous statistics support the fact that the law exists for very good reasons.

Statistics that Support the Existence of the Scaffold Law

According to the NYC Health report entitled “Fatal Injuries Among NYC Construction Workers,” construction workers comprise about five percent of the total workforce in New York City. However, they make up 27 percent of work-related injury fatalities.

Frequently Asked Questions Related to Construction Worker Fatalities

The answers to the following questions are statistics taken from the period of 2007 to 2014.

How many construction workers die due to work-related injuries every year in NYC?

An average of 20 construction worker job-related deaths occurred every year.

What was the main cause of fatal construction worker injuries?

More than half (58%) of unintentional fatal injuries resulted from falls.

The highest percentage of falls occurred from scaffolds (25%).

The second highest percentage of falls occurred from ladders (16%).

The third highest percentage of falls occurred from roofs (11%).

To what extent did OSHA violations contribute to work-related fatalities?

At least one serious safety violation was cited in more than 90% of the OSHA fatality investigations. A serious safety violation is one that could result in serious physical harm or death.

What were the most common OSHA violations?

The most common OSHA violations occurred in this order: lack of training, lack of fall protection, scaffolds violations, stairs and ladders violations, electrical equipment violations, protective equipment violations, etc.

What are examples of fall protection violations?

Not meeting the requirements for guardrails or a properly anchored harness are prime examples.

Have you suffered from serious physical injuries or lost a loved one due to a fall from height?

Find out what legal recourse is available to you. At Sackstein Sackstein & Lee, LLP , we offer a free initial consultation to discuss your injuries and evaluate the prospects of suing for damages.  


 

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Sackstein Sacktein & Lee, LLP Sponsors the SUMAQ Peruvian Food Festival
by cjleclaire
Aug 16, 2018 | 14087 views | 0 0 comments | 564 564 recommendations | email to a friend | print | permalink

August 25–26, 2018: the SUMAQ Peruvian Food Festival in Nassau County on Long Island

This year, Sackstein Sackstein & Lee, LLP takes pride in being the lead sponsor of the SUMAQ Peruvian Food Festival. Our attorneys and staff are very committed to serving the people where we work and live, and we strongly believe in the principle of giving back to our communities.

For more than three decades, our attorneys have had a prominent standing throughout the New York City area, and we have offices in Garden City, Flushing, Brooklyn and Queens. It has been our pleasure to assist numerous clients and their families. We primarily focus our practice on personal injury law, which involves helping individuals who have been injured as a result of someone else’s negligence recover compensation for pain and suffering, disability income and other related damages.

What is the SUMAQ Peruvian Food Festival?

SUMAQ is a word that translates as “delicious,” and it is from the language of Quechua, spoken by indigenous peoples of Peru, Ecuador, Bolivia, Argentina, Chile and Colombia.

The Peruvian Food Festival is being held both indoors and outside the Cradle of Aviation Museum in Garden City on August 25 and 26, and is New York's largest outdoor Peruvian food festival. Through a variety of activities, the festival celebrates Peruvian cuisine and culture. Renowned Peruvian chefs will be preparing their gourmet dishes. Their experience is extensive and they boast impressive accomplishments such as being winners on the Food Network Channel show Chopped, learning culinary skills under top Peruvian chefs in world class restaurants and refining their regional dishes to high levels of mastery.

In addition to the delicious Peruvian cuisine, artisans and crafters will display their artwork, and you can see traditional dancing and colorful costumes worn in Peru.

Come and enjoy the celebration!

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Why You Have Legal Rights in Construction Accidents Involving Falling Objects
by cjleclaire
Aug 16, 2018 | 11921 views | 0 0 comments | 516 516 recommendations | email to a friend | print | permalink

Can Injured workers and families who have lost their loved ones pursue lawsuits?

By December of 2017, a construction site at 61 Ninth Avenue in Chelsea had been repeatedly cited for construction code violations.

On December 18, a 54 year-old construction worker was standing on the sidewalk when an anchoring bracket came loose. Scaffolding from 10 stories above him plummeted to the ground, striking him on the head. The worker’s body lay sprawled on the ground. He was unconscious, suffering from a debilitating head trauma. Paramedics rushed the worker to the hospital, but he died an hour later.

Worst of all, the accident was completely preventable. The New York Daily News reported that for seven months, since May 2017, inspectors had visited the work site and cited the general contractor for multiple violations, many of which dealt with scaffold issues.

What recourse do families have under New York law for fatal construction accidents caused by falling objects?

New York Labor Law 240, also referred to as the “Scaffold Law,” offers legal protection to construction workers who suffer injury and families who lose loved ones in height-related accidents. The general contractor and property owner are strictly liable and can be held accountable for injuries that occur due to unsafe work conditions. This not only applies to workers who fall from heights, but also for workers who suffer injury from falling objects and debris when working under a scaffold, ladder or roof.

Failure to tie down materials, replace worn out parts, failure to install guardrails or to ensure workers have hard hats or other safety equipment when involved with work done at heights are in violation of Labor Law 240.

Compensation can help offset financial burdens

Construction workers take risks daily at construction sites. Their families trust they will come home safely, but when the worst happens, the shock and loss can be overwhelming. Even so, there is no need to suffer economic hardship. You can recover compensation for medical costs, future lost income and other related expenses.

At Sackstein Sackstein & Lee, LLPhttps://sacksteinlaw.com, we offer a free initial consultation to discuss construction site injuries and death, and the prospects of taking legal action.

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What You Should Know About Construction Job Vehicle Accidents in New York
by cjleclaire
Jul 10, 2018 | 10853 views | 0 0 comments | 220 220 recommendations | email to a friend | print | permalink

Unsafe Conditions Can Lead to Serious Construction Job Vehicle Accidents

Construction job motor vehicle accidents often occur due to OSHA violations.  Many different types of vehicles are used in construction site work including cranes, forklifts, platform lift trucks, motorized hand trucks, bulldozers, delivery trucks, excavators, front loaders, dump trucks, backhoes, graders, cement mixers and trenchers.

OSHA listed powered industrial truck standards violations as one of the top 10 most violated standards at construction sites in the year 2017.

What is considered a powered industrial truck?

Other names for powered industrial trucks are lift trucks or forklifts. Their main purpose is to move materials, by raising, lowering or removing large objects. They can also be used to move smaller objects on pallets or in crates, containers or boxes. Trucks or earth-moving equipment that are modified by adding forks are not considered powered industrial trucks, even though they may be used to move materials.

What dangers are related to driving powered industrial trucks?

Dangers depend on the type of forklift. A high-lift rider truck that lifts loads to greater heights than a hand truck is more prone to falling load accidents. Types of accidents that often occur may involve workers who suffer injury when lifts fall between loading docks or due to unsecured trailers. Injuries also occur when lift trucks strike workers or when workers fall while working on elevated pallets and tines.

If you are a construction worker and notice that working conditions are dangerous, you have the right to file a complaint with OSHA and request a workplace inspection. All too often, serious or fatal accidents happen before violations are dealt with to make a safer work environment.

When to Seek Legal Help

If you suffer serious injury in a construction job vehicle accident, discuss your injury with an experienced attorney and get a case evaluation. At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss your injury and the prospects of taking legal action

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Texting and Driving FAQs
by cjleclaire
Jun 14, 2018 | 14232 views | 0 0 comments | 325 325 recommendations | email to a friend | print | permalink

Texting and Driving Is the Most Alarming Form of Distracted Driving

Texting and driving includes reading text messages, emails or online material or writing or composing messages on a mobile device while driving. The federal government defines texting and driving as distracted driving.

Why is texting the most alarming distraction to driving?

Research shows that reading or sending a text takes the drivers eyes off the road for about five seconds. For a car traveling at 55 miles per hour, five seconds is tantamount to going from one end of a football field to the other while your eyes are shut.

What do statistics reveal about texting and driving?

According to the National Highway Traffic Safety Administration (NHTSA), the following statistics indicate the extent of danger:

Approximately 1,000 people in the U.S. suffer injury and nine die every day as a result of accidents involving distracted drivers.

In 2015, 391,000 people were injured in distracted driving accidents.

During daylight hours, approximately 481,000 drivers use cell phones or electronic devices while driving.

The age group that uses handheld cell phones the most while driving are drivers between the ages of 16 and 24. Incidentally, according to the Centers for Disease Control and Prevention (CDC), teenagers between the ages of 16 and 19 are the most at risk, in fact they are three times more at risk of being in a car crash than any other age group.

How is distracted driving a factor in a personal injury car accident lawsuit?

Under New York law, when a person suffers a serious injury that meets the standards of the severe injury threshold, the injured party can sue the negligent party responsible for the accident to recover compensation. Lawyers must prove negligence on the part of the party being sued, and traffic violations such as texting and driving provide evidence that the distracted party was at fault.

Under New York law you cannot use a hand-held cell phone or portable electronic device while driving. Illegal actions on a mobile device include:

  • Talking on a handheld device
  • Composing, sending, reading, accessing, browsing, transmitting, saving or retrieving electronic data such as email, text messages or web pages
  • Viewing, taking or transmitting images
  • Playing games

The only acceptable actions an individual can do using a portable electronic device while driving is calling 911 or contacting medical, fire or police personnel about an emergency. (New York State, Department of Motor Vehicles)

Seek legal help if you’ve suffered a serious injury in a car accident caused by a distracted driver.

At Sackstein Sackstein & Lee, LLP , we offer a free initial consultation to discuss your injuries and evaluate your potential case.

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Sackstein Sackstein & Lee, LLP Settles $1.3 Million for Construction Worker Injury Prior to Trial
by cjleclaire
Feb 23, 2018 | 24290 views | 0 0 comments | 343 343 recommendations | email to a friend | print | permalink

Sackstein Sackstein & Lee, LLP successfully negotiated a $1.3 million settlement for a 41 year-old Asian male construction worker, who was injured while performing asbestos removal work at an upstate construction site. The injured client fell from a 6-foot extension ladder while affixing a heavy tarp across the top of a large 13-foot high, 100-yard long dumpster, for the purpose of preventing asbestos materials from spewing out of the dumpster.

The worker suffered injuries to his back, knees and shoulder and was caused to undergo multiple surgeries.

The Basis for Recovery of Damages in this Construction Worker Injury Case

Based on New York State Labor Law, all contractors, property owners and their agents are responsible for providing safe scaffolding, ladders and other equipment so workers are protected. The law is very specific as to the responsibilities involved regarding safe construction work conditions.

Our attorneys argued that the general contractor violated New York State’s Labor Law by failing to provide the proper equipment to our client. We utilized two experts, an economist and a vocational rehabilitation specialist to establish the extent of our clients’ injuries and damages.

The argument was effective and enabled us to reach a $1.3 million settlement on behalf of our client prior to going to trial.

Construction Worker Injury Cases

Construction workers whose jobs require them to work at elevations above the ground are particularly at risk for injuries. Falling from any height often results in serious injuries, and for this reason, NY laws offer protection so that reasonable precautions are taken to make the worker’s job as safe as possible. Even so, in an effort to increase profits, sometimes business owners and contractors cut costs, and doing so can result in devastating accidents for workers.

Sackstein Sackstein & Lee, LLP has extensive experience handling serious injury cases where construction workers fall from heights. If you have suffered severe injury in a construction accident, find out how we can help.

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Sackstein Sackstein & Lee, LLP Recovers $700,000 in a Settlement Prior to Trial
by cjleclaire
Feb 16, 2018 | 24002 views | 0 0 comments | 1032 1032 recommendations | email to a friend | print | permalink

Sackstein Sackstein & Lee, LLP recovered $700,000 for a 43-year-old Asian male sign installer in a settlement prior to trial. The sign installer fell from a 16-foot extension ladder at a renovation site while he was removing a 20-foot-long sign from the building. He suffered from a fractured ankle and required surgery.

How Our Firm Established Liability Under New York Labor Law

New York Labor Law 240 states the following:

“All contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.”

Prior to filing the lawsuit, our construction accident attorneys attempted to negotiate a settlement with the tenant, who had acted as the owner’s agent; however, the tenant refused to settle. Our firm entered a motion for Summary Judgment based on the fact that the tenant violated New York Labor law by failing to provide the proper equipment for our client. A summary judgment motion is an argument that the other party has no case and requests that the court decide the case based on the facts submitted. The court decided in favor of the Summary Judgment, and the case was settled through mediation, which awarded our client $700,000 in compensation for losses.

Have You Been Injured in a Construction Accident?

New York labor laws offer substantial protection for construction workers. If you suffer injury in a construction accident, you should seek legal advice and find out about your rights to recover damages. At Sackstein Sackstein & Lee, LLP , we offer a free initial consultation to discuss your accident and the prospects of pursuing a case.

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When Should You Hire a Personal Injury Law Firm to Handle Your Accident Case?
by cjleclaire
Feb 08, 2018 | 15727 views | 0 0 comments | 322 322 recommendations | email to a friend | print | permalink

If you have been in an accident and suffered serious injury, there is a good likelihood that you have considerable expenses involved with your recovery — hospital bills, doctor bills, rehabilitation and possibly even future disability, more surgeries and more bills. It is important to understand that the insurance company’s priority is its bottom line, and if insurance companies can avoid paying for expenses, they will. Whenever they can reduce their payouts, they will also do so.

If your injuries are minor, you probably do not need personal injury representation, but if your injuries are serious, reasons to hire an attorney are numerous.

A Personal Injury Law Firm Can Settle or Litigate a Case

While you may be aware that someone else was at fault for your accident, perhaps you do not know whether your case is worth litigating.

  • Does enough evidence exist to hold the other party accountable?
  • If the party offers to settle, is the settlement amount adequate and will it cover your expenses?
  • What is the extent of your serious injury?
  • What should you say in the police report or what should tell the insurance company?

Even before you recover, you will receive paperwork work and have to make important decisions. All these are questions and issues an attorney can address and handle for you.

Accident Investigations

Sackstein Sackstein & Lee, LLP has an investigative team to gather information and help build cases. Our private investigators can visit the accident scene and make inquiries to discover other relevant information for your case. Our accident specialists can reconstruct the accident, analyze the accident details and evaluate the causes of accidents.

Extensive Experience in Handling Personal Injury Cases

Our attorneys have handled accident cases similar to yours for decades. We have devised the most effective strategies to deal with insurance companies and readily anticipate their arguments. Our goal is protect your best interests and work diligently to recover the compensation you deserve.

Sackstein Sackstein & Lee, LLP was listed among the top 18 New York City accident lawyers by expertise.com, and our law firm has attorneys who have received other awards and recognitions as well, such as AV ratings by Martindale-Hubbell and Super Lawyers designations.

 

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