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 Delay to Treat or Failure to Diagnose a Medical Condition

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melanoma_growth_over_14_monthsFrom the perspective of our skin cancer misdiagnoses attorneys

As attorneys handling failure-to-diagnose skin cancer cases, we have seen the devastating effects of delayed melanoma diagnoses. While medical technology continues to evolve, the legal system often lags behind in addressing how emerging tools should be integrated into standard care. A recent study exploring the use of 3D total-body photography in early melanoma detection raises critical questions about whether current practices are truly meeting the standard of care, especially for high-risk patients.

A New Frontier in Dermatology

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Common_Mens_Health_Concerns_2025As New York medical malpractice attorneys, we have seen firsthand how delayed diagnoses, improper screenings, and mismanaged care can have devastating consequences for male patients. In 2025, men continue to face serious health risks—including heart disease, cancer, stroke, and mental health issues—that demand timely, competent, and proactive medical attention. Unfortunately, when that care falls short, the outcome is too often life-altering or fatal.

1. Heart Disease

Heart disease remains the leading cause of death among men. It includes conditions like heart attacks and strokes—both of which can be fatal without prompt diagnosis and emergency care. High blood pressure, elevated cholesterol, diabetes, and smoking are key risk factors. Failure to monitor or manage these risk indicators may constitute medical negligence.

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Patients are at risk of technology hazardsOur Medical Malpractice Lawyers Explain How Data Breaches and Cyberattacks Are Endangering Patient Care in 2025

The landscape of healthcare risk continues to evolve, and in 2025, cybersecurity breaches have become one of the most pressing patient safety concerns. According to the most recent patient safety rankings, cybersecurity now ranks among the top threats to quality care in hospitals and healthcare systems across the United States.

As New York medical malpractice lawyers, we are seeing firsthand how data security failures can lead to devastating outcomes for patients and potential liability for healthcare providers.

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Top 10 patient safety concern from ECRIAs medical malpractice attorneys, we know how devastating medical negligence can be — and one of the most overlooked yet dangerous forms of negligence is dismissing patient concerns. According to the ECRI Institute, this issue ranks as the #1 patient safety concern for 2025, and for good reason. When doctors ignore, downplay, or fail to investigate symptoms, they put their patients at risk for misdiagnosis, delayed treatment, and serious harm.

Unfortunately, this is not a rare occurrence. A 2023 survey found that 94% of patients reported having their symptoms ignored or dismissed by a doctor. In medical malpractice cases, we often see that this type of negligence results in worsened conditions, unnecessary suffering, and, in some cases, preventable deaths.

What Is Medical Gaslighting—and When Is It Medical Malpractice?

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webinar on Ben's medical malpractice verdict of $120 million
NYSTLI Dean Anthony Pirrotti, Jr., Esq., will be hosting a Discussion with our managing partner and celebrated Trial Attorney Ben Rubinowitz, Esq.; Trial Judge Paul. I. Marx; and Defense Attorney Alfred Vigorito, Esq. next Monday May 20, 2024 from 5:00 to 7:00 PM ET.

Ben and our law firm handled a complex Stroke case  involving a 41-year-old individual who was employed, married, and had children. Due to alleged malpractice, he ended up in a nursing home, unable to care for himself or his family. We will discuss the development of this malpractice case, including medical and defense aspects, discovery, depositions, and Motions in Limine. We will emphasize the significance of pleadings and expert responses for both the plaintiff and defendant and how these issues influenced the trial.

Topics include jury selection, binding statements and omissions during jury selection and openings, cross-examination of plaintiff and defendant witnesses, dismissal of a third-party defendant, the potential repercussions of aggressively attacking a witness, leveraging the defendant doctor as an expert, and the introduction of newly asserted cross-claims at trial. Additionally, we will explore the understanding of 50-A and 50-B statutes, the concept of “Loss of Chance,” the valuation of loss of consortium claims, directed verdicts against a defendant, and the strategy of defendants pointing fingers at each other.

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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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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 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.

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melanoma_growth_over_14_monthsMay is recognized as Skin Cancer Awareness Month. It is a crucial time to educate and inform the public about the prevalence, risk factors, and early detection of skin cancer. By increasing awareness, we aim to encourage individuals to take proactive steps to protect their skin and seek prompt medical attention when necessary. However, even with increased awareness, misdiagnoses can occur, leading to delayed or inappropriate treatment.

There are several types of skin cancer misdiagnosis:

  • Basal Cell Carcinoma (BCC) Misdiagnosis: Basal cell carcinoma is the most common type of skin cancer. Unfortunately, it can be misdiagnosed as a benign condition such as a cyst or a harmless skin lesion. Due to the potential for misdiagnosis, patients might not receive the timely treatment they need.
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mammograms can prevent breast cancerBreast cancer is a significant health concern for women, and early detection and diagnosis are critical for successful treatment. Unfortunately, misdiagnosis of breast cancer can occur, leading to delayed treatment and potentially worse outcomes. This is especially true for women under the age of 50, particularly black women, who are at a higher risk of misdiagnosis and delayed diagnosis.

Alarmed by an increase in breast cancer diagnoses among younger women and persistently high death rates among Black women in particular, the U.S. Preventive Services Task Force has offered a stark revision to the standard medical advice on mammograms

In the past, women of all racial and ethnic backgrounds who were at average risk for breast cancer were advised to start getting regular mammograms at age 50, instead of treating it as an individual decision until they reached that age. However, the task force now recommends that women should begin screening at the age of 40 to help detect breast cancer earlier. This comes as breast cancer diagnoses are on the rise among younger women and mortality rates among Black women remain persistently high.

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