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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New York Medical Malpractice Lawyer Jeffrey BloomBy: Jeffery B. Bloom; 

Tort reformer Michelle Mello is at it again, this time in the latest New England Journal of Medicine writing about the proposals from Sec. Tom Price and the US House. Instead of caps (about which she states: “caps have not been shown to improve the quality of care, a key goal of the tort system”), Mello is now criticizing the proposals in the US House bills while praising health courts which she calls administrative compensation systems (and others would call a proposal for eliminating the right of trial by jury).

As to safe harbor for doctors who adhere to evidence-based practice guidelines, she concedes that these safe harbors are NOT effective in reducing liability claims or costs.

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Jeffrey-Bloom3On Wednesday, Our partner Jeffrey Bloom lectured and did a demonstration of a deposition of a defendant doctor in a medical malpractice case at Metropolitan Hospital Emergency Department Grand Rounds which was attended by New York Medical College emergency medicine faculty, residents, medical students and other observers and research staff.
Two days before Jeff was also invited by the NY Kings Supreme Court bench & court attorneys to present and discuss issues frequently encountered in the trial of a medical malpractice action in a “lunch and learn” program.

A co-chair of the Medical Malpractice Committee of the New York State Trial Lawyers Association and a member of the organization’s board of directors, NYC Medical Malpractice Attorney Jeff Bloom has lectured extensively to law students and fellow lawyers on the preparation and trial of medical malpractice lawsuits. He has also lectured in New York State Bar Association-sponsored programs entitled “Medical and Legal Issues in Breast Cancer and Gynecological Cancers and Surgery” and “Woman’s Health Issues and Malpractice.”

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Rubinowitz-Ben-B_12d7428b-27a7-4195-bebc-7788dce430881Our managing partner, Ben Rubinowitz, will be lecturing at the Nassau County Bar Association on Tuesday, May 2, 2017 at 5:30pm.   The topic will be Direct and Cross Examination in a Medical Malpractice Case. Ben will provide tips and techniques for examining the Target Defendant Doctor, strategies for questioning the Plaintiff’s Expert as well as the Defendant’s Expert. Ben will also suggest  methods of setting up successful arguments for Summation through strategic direct and cross examination.  Examples from real cases will be used throughout the presentation.

Click here for more info or to register

 

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New York Medical Malpractice Attorney Marijo AdimeyA NYC Medical Malpractice  case in which our partner Marijo Adimey won a 1.27 million verdict was featured by Lexis Nexis as their case of the week. Marijo successfully represented a 64 year old woman from Kings County, Brooklyn, who suffered ruptured spleen during a colonoscopy after the doctor used excessive force. A detailed overview of the case can be found on the Lexis Nexis Litigators’ Verdict & Settlement Exchange. Congratulations Marijo!

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A patient who has to be readmitted to an hospital may have a valid medical malpractice lawsuit against the hospital or the clinicians. When a patient is discharged too early or with not enough support not only may his or her condition worsen but also the health costs related to his or her readmission can be significant. Additionally,  hospital and doctors can be liable if the patient was negligently discharged.

Patients with chronic disease such as diabetes, COPD and congestive heart failure are among those who have the highest risk of being readmitted. Chronic diseases affect 1 out of 2 adults in the US and are responsible for 86% of healthcare spending. They also rank among the top 10 causes of death in thew US.

Recent studies have demonstrated that hospital who are using remote patient monitoring (RPM) can significantly reduce the readmission rate of chronic disease patients. RMP allows patients to collect samples and answer questionnaires about their personal health from home. Data is then transmitted to the doctors who can analyse them and follow up in real time with their patients.

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NYSTLA will hold a meeting of the Medical Malpractice Committee on April 19th at 6:00 p.m. and should last until 7:30 p.m. The meeting will be held at NYSTLA Headquarters at 132 Nassau Street Suite 200.

Red Alert!

As you probably know by now, federal legislation has been introduced in the U.S. House of Representatives. H.R. 1215 would impose severe restrictions on medical malpractice actions and actions against nursing homes throughout the country including a $250,000 cap on awards for non-economic damages as well as other toxic limitations. The bill has already passed committees in the House. It was scheduled to be brought to the House floor on March 29th, 2017, but that has been delayed. It is anticipated, however, that it will still be brought to the floor, and that it has a good chance of passing.

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Patient wristbandPatient identification error may be medical malpractice that can result in serious injury and sometimes death of a patient. This type of medical error can happen at any step of a medical process from lab testing to medication administration and even billing.

A special report published by the ECRI Institute reviewed 160 recent scientific searches and publications written on this type of medical malpractice to provide a snapshot of the status of this prevalent occurrence.

The report found patient  identification errors at each of the following clinical contexts:

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Patient safetyAs healthcare providers implement new technologies and therapies every year, they also create unanticipated risks of medical malpractice. The ECRI Institute just published a report highlighting their main patient safety concerns. Below is a list of the top 10 medical situations where patients have the highest risk to be harmed in 2017.

  1. Management of Electronic Health Records (EHR)

    Here are some of the most common risks related to EHR:

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New York Medical Malpractice Lawyer Marijo AdimeyGair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is proud to announce that our partner New York Medical Malpractice Lawyer Marijo C. Adimey obtained a $2.5 million unanimous verdict in an Upper Endoscopy case in Queens, New York.

The plaintiff, Elsa Garzon (57), went to Dr. Steven Batash on June 29, 2015 for a diagnostic EGD (also known as an upper endoscopy or esophagogastroduodenoscopy).  Ms. Garzon, of Columbian decent, emigrated to the United States in 2005 to provide a better life for her two children.  While raising her two small children, she learned English, became a resident, and started working as a helper in a local Queens deli.  She eventually became a U.S. Citizen and has continued to work at the same deli for over 12 years, where she is now the head cook.

Dr. Batash recommended an upper endoscopy, followed by a colonoscopy, to address her frequent complaints of abdominal pain.  An upper endoscopy is a screening and diagnostic tool used by gastroenterologists to evaluate the upper part of the gastrointestinal tract.  Upper endoscopy is used to identify ulcers, colon polyps, tumors, and areas of inflammation or bleeding.  Performed under a mild form of anesthesia, a thin, flexible tube with a camera at the tip is used to examine the inner lining of the esophagus, stomach and duodenum (part of the small intestine).  The scope is inserted into the mouth, down the esophagus, into the stomach and then passed through the upper part of the duodenum.   Passage of the endoscope through the duodenum is incredibly important, as improper handling of the scope could cause injury to intestine and to the abdominal cavity outside the intestine.

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Rubinowitz-Ben-B_12d7428b-27a7-4195-bebc-7788dce430881Ben Rubinowitz, a partner at our firm, has been asked by the Mount Sinai School of Medicine to deliver a Grand Rounds lecture to its radiologists. This talk will specifically focus on medical malpractice and communication issues that lead to medical negligence. Throughout his 30 years as a trial lawyer, Ben has been lecturing to doctors, lawyers and patients concerning all areas of medical malpractice and personal injury. Ben’s lecture will take place on February 8, 2017.