Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Medical Malpractice

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Patients have higher risks in hospitals acquired by private equityA recent investigation published in JAMA has sparked serious concerns within the healthcare community, especially among those of us in the field of medical malpractice law. This study reveals that patients are significantly more likely to experience adverse events, such as infections or falls, in hospitals owned by private equity (PE) firms.

Increased Risks for Patients

The study highlights a 25% increase in hospital-acquired conditions among Medicare beneficiaries admitted to PE hospitals. Patients have a nearly  38% increased chance of experiencing a central line infection and a 27% higher likelihood of falls in PE-backed hospitals compared to control facilities.

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case-analysis

Our managing partner, Trial Attorney Ben Rubinowitz going to be doing a Case Analysis hosted by Nathan Werksman on Trial Lawyers University about the $120 million medical malpractice verdict he just received in Westchester.  The webinar will be on January 10, 2024 at 1:30pm.

“Lee v Westchester Medical Center” is a legal case revolving around medical malpractice and delayed treatment. The patient, a 41-year-old man, suffered a Basilar artery stroke. His wife found him unconscious at 3 am, and he was subsequently transferred to Westchester Medical Center. Initially, the stroke was misdiagnosed by resident radiologist and neurologist as an infection or dissection, delaying the correct treatment by three hours. When a more experienced radiologist later identified the stroke, a thrombectomy was performed.

The plaintiff’s claim focused on this delay, arguing that it resulted in significant brain damage and severe short-term memory issues, depriving the patient of a chance for a better recovery. The defense conceded the misdiagnosis but argued that the stroke’s severity, not the delayed treatment, caused the brain damage. They posited that the damage occurred between 10 pm and the patient’s hospital arrival, and earlier treatment wouldn’t have altered the outcome.

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plastic syringes can be defective
The Food and Drug Administration’s recent focus on the potential quality issues of plastic syringes manufactured in China has sent ripples through the healthcare and legal communities. As product liability and medical malpractice attorneys, we are closely monitoring this situation, which raises significant concerns about patient safety and the legal implications for manufacturers, healthcare providers, and consumers.

The FDA’s investigation was sparked by reports of quality issues with several Chinese manufacturers. The primary concerns include leaks, breakages, and the inability of these syringes to deliver the correct dose of medication. These issues are not just minor inconveniences but potential hazards that could lead to serious medical complications.

The FDA’s advice to healthcare providers and consumers to consider using non-Chinese manufactured syringes where possible highlights the gravity of the situation. For healthcare providers, this advisory necessitates a review of their supply chains and a potential shift in procurement strategies. Consumers, particularly those who rely on syringes for chronic conditions, are now faced with the additional burden of verifying the origin of their medical supplies.

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120M Verdict by our Medical Malpractice AttorneysIn a landmark decision that highlights the importance of timely medical intervention, a Westchester County jury awarded a record-setting $120 million in a medical malpractice lawsuit against Westchester Medical Center. This verdict, delivered on November 30, 2023, after a four-week trial, marks the largest award ever in a medical malpractice case in Westchester County.

The case revolved around the hospital’s negligence in treating 41-year-old William Lee, who suffered from a stroke in 2018. Rushed to the hospital by ambulance, Lee was the victim of a critical delay in treatment. The jury found that inexperienced doctors on call were responsible for a three-hour delay in removing a clot from Lee’s basilar artery. This delay led to extensive brain damage, necessitating lifelong care at a residential brain injury center.

The tragedy of this case is underscored by the extent of Mr. Lee’s injuries. The damage to his brain has severely impaired his judgment and short-term memory, rendering him dependent on round-the-clock care and unable to provide for his family. The compensation awarded includes provisions for his future medical needs, pain and suffering, loss of enjoyment of life, and compensation for his wife for the loss of his services and society.

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NYC Medical Malpractice attorney Marijo Adimey ran the marathon and raised fund for the American Cancer Society
In every race, each step can tell a story of perseverance, hope, and dedication. For Marijo “MJ” Adimey, a partner at our Personal Injury Law Firm, the NYC Marathon wasn’t just a 26.2-mile challenge—it was a mission to make strides against cancer.

We are thrilled to announce that MJ has been honored with the Top Individual Fundraiser Award for her incredible efforts in The American Cancer Society’s Determination Program for the NYC Marathon.

MJ’s commitment to the cause is a reflection of her character—determined, compassionate, and relentlessly focused on making a difference. Her fundraising endeavors culminated in a substantial contribution to cancer research and treatment, advocating for advancements that offer hope for early detection, improved care, and the dream of a cure.raising more than 17K for the American Cancer Society

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Best Law Firm in product Liability Medical Malpractice and Personal InjuryWe are delighted to announce that for the 14th consecutive year, our firm has earned a spot as a Tier 1 Firm in New York City by U.S. News – Best Lawyers® “Best Law Firms” in the following categories:

  • Personal Injury Litigation – Plaintiff
  • Medical Malpractice Litigation – Plaintiff
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Montefiore Logo

The family of Sary Mao, a Khmer-speaking Cambodian refugee, is seeking justice and closure after her body went undiscovered for five days following her tragic death due to a heart attack. The incident occurred at Montefiore’s Family Health Center in The Bronx, NYC.

As medical malpractice attorneys, our professional focus is on advocating for individuals suffering from medical negligence. The recent incident at Montefiore’s Family Health Center in The Bronx, where the body of Sary Mao went undiscovered for five days following her heart attack, resonates deeply with the issues we encounter in our work

In any medical malpractice case, the concept of the “duty of care” is fundamental

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Best Lawyers 2024 a global triumph for our personal injury law firmIn the dynamic and ever-evolving world of law, few accomplishments resonate as profoundly as those that redefine excellence itself. Today marks a significant milestone for all of us at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, as we celebrate the exceptional achievements of our Managing Partner, Ben Rubinowitz who was named “Lawyer of the Year” twice by The Best Lawyers in America (2024 Edition) in “Personal Injury Law – Plaintiff in New York City” and “Product Liability Law – Plaintiff in New York City. Ben was also included in the 2024 edition of Best Lawyers® Medical Malpractice Law and Legal Malpractice Law – Plaintiffs in New York, New York.

This remarkable recognition for Ben Rubinowitz is a testament to the collective ethos of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. 11 other of our NYC Personal Injury Attorneys have been acknowledged in the Best Lawyers® 2024 list and the “Ones to Watch” list, exemplifying our commitment to excellence and ethical standards.

7 attorneys were named “Best Lawyers” in multiple practices:

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Misdiagnosis can lead to serious harm and deathMisdiagnosis of diseases and medical conditions is leading to an estimated 800,000 cases of permanent disability or death each year according to a recent study published by researchers at the Johns Hopkins Armstrong Institute Center for Diagnostic Excellence, in partnership with researchers from the Risk Management Foundation of Harvard Medical Institutions Inc.

Misdiagnosis is not a mere statistic; it is a human tragedy that affects hundreds of thousands of patients and their families every year. The report reveals that approximately 371,000 people lose their lives, while another 424,000 suffer from permanent disabilities annually due to misdiagnosis. These disabilities encompass brain damage, blindness, loss of limbs or organs, and even metastasized cancer. Behind these numbers are real individuals whose lives have been irreversibly altered or lost due to medical negligence.

The Top Culprits: Stroke and Other Common Diseases

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NYC Medical Malpractice Attorney Jeff BloomOur NY personal injury law firm is proud to announce that our partner Jeffrey B. Bloom obtained a $3,450,000 jury verdict in Dutchess County, NY in a medical malpractice trial involving a 33-year-old man who now has limited function of his non dominant hand despite several surgeries. After a two-week trial held in Supreme Court Dutchess County before the Hon. Christi J. Acker, the jury of 3 men and 3 women reached their verdict after only two hours of deliberations.

Failure to diagnose and timely treat compartment syndrome

On August 14, 2019, during a routine bicep surgery, the defendant orthopedic surgeon lacerated the brachial artery. Said injury went unrecognized at surgery leading to compartment syndrome in his arm. There was a delay of over the next 48 hours in recognizing the injury despite complaints by our client of excruciating pain. By the time the compartment syndrome was recognized, our client suffered significant muscle and nerve damage to his forearm. As a result, he underwent an emergency fasciotomy, followed by several other operations.