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 technology, new medication and new treatments can help patients but can also be confusing to the staff and lead to medical malpractice.  Every new year brings new challenges for hospitals and doctors.  The ECRI institute just published its top 10 hospital watch list for 2018:

  1. addiction appNew prescription phone apps that help with addiction

    Last year the FDA approved reSET®, a prescription app for patients with substance-use disorders.  Relying on cognitive-behavioral therapy, the app interacts with the patient  to find out if the patient was using, to rate the patient’s craving and to rate his or her feeling. After a few weeks the app is able to turn the data into messages for the patient such as “your urge to do drugs might increase when you feel lonely”. Patients better understand what triggers their urge and doctors can use results for face to face meetings. This app was approved after the FDA found out in a 12 week trial that patients using the app stayed away from their addiction problem for much longer than those who din’t use the app.  However the app didn’t show positive results for opiate addicts and therefore the FDA didn’t approve it for patients who used opiates. The manufacturer is working on a separate app for opiate use and is running trials.

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New York Medical Malpractice Lawyer Jeff Bloom with client Lissy McMahonThe NY Medical Malpractice Attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhornm, Steigman & Mackauf are happy for the family of our client Lissy McMahon.  New York Governor Cuomo and the state legislative leaders announced that the Governor will sign Lavern’s Law on Tuesday. With the help of our Medical Malpractice Attorney Jeffrey Bloom, Lissy a mother who was misdiagnosed with cancer after the statute of limitations had passed, relentlessly pushed for the passage of this Law. Lavern’s Law moves the starting date of the statute of limitations to the date of the discovery of the misdiagnosis instead of the date the when the misdiagnosis occurred.  Sadly Lissy passed away before the signing of the law. She left behind a 15 year old son (read more in our previous blog).

Jeffrey is the Co-chair of the Medical Malpractice Committee of the New York State Trial Lawyers Association as well as the Co-Chair of LAWPAC New York, the Trial Lawyers political action committee. In these roles he pushed relentlessly for the passage of the law.

After Cuomo announced that he would sign Lavern’s Law, the family of  Lissy McMahon released the following statement:

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New York Medical Malpractice Lawyer Ben RubinowitzOur partner, Ben Rubinowitz, a nationally regarded plaintiff’s lawyer, recently lectured at the Winter Urologic Forum sponsored by Columbia University, Vanderbilt University, and University of California Davis.

One of the main topics in his talk focused on the issue of Concurrent Surgeries, or what is commonly referred to as Simultaneous Surgeries.  Although many teaching hospitals throughout the country participate in this practice, Rubinowitz made clear that it is not in the best interests of the patient to have the doctor leave the operating room while treating one patient to attend to another.

Although the Journal of the American Medical Association (JAMA) recently suggested that Concurrent Surgeries were safe for patients, Rubinowitz challenged that study.

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CuomoWould the risk of medical malpractice increase if New York retailers were allowed to operate in-store clinics or would it just help cutting back on unnecessary visits to the emergency room?

According to Cuomo administration Medicaid could save $10 million every year if corporate outfits such as Wallmart and CVS could run medical clinics in their stores. This is the proposal made to New Yorkers by governor Cuomo last week when he unveiled his budget.

While Governor Cuomo believes that in-store medical clinics would improve access to affordable care, opponents are worried that corporate may be more concerned by profits than by patients well being. They also argue that if a pharmacy runs a clinic they may want to try to increase the pharmacy business through the clinic.  Additionally patients visiting these types of clinics will mostly be treated by nurse practitioners or physicians’ assistants rather than by physicians. However Cuomo’s proposal indicates that clinics would only be allowed to treat minor injuries and illnesses.

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New york City Personal Injury Lawyer LawyerOur managing partner Ben Rubinowitz has been asked by Columbia, Vanderbilt and University of California Davis Medical Schools to speak about medical malpractice at the 42nd Annual Winter Urologic Forum. The  Forum will take place in Vail Colorado at the Vail  Marriott Mountain Resort from January 13 to January 16 2018.  A Top New York Medical Malpractice Lawyer, Ben Rubinowitz and all of the lawyers at our firm have successfully resolved thousands of medical malpractice cases for those who have been injured as a result of medical negligence. Ben commented that ” it is truly an honor to have the privilege of speaking to such a distinguished group of doctors. I always find it interesting that the physicians have asked a plaintiff’s lawyer rather than a defendant’s lawyer to deliver the National Lecture on Medical Malpractice.”

This meeting will summarize for practicing urologists and other interested professionals, new concepts in diagnosis and treatment for conditions including local and advanced prostate and bladder cancer, lower urinary tract symptoms, incontinence, urinary tract infection, reconstructive urology, andrology and medical malpractice. At the completion of the meeting, urologists will have been exposed to methods to optimize patient care well maintain patient centricity of care delivery.

The session on Medical Malpractice will take place  on Monday January 15 at 4:00 pm. Ben Rubinowitz will  explain how doctors can protect themselves from being sued and  what  they should do if they are sued.  The moderator for this session will be Roger R. Dmochowski, MD, MMHC, FACS.

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Urological Association Meeting ProgrammOur managing partner, New York Medical Malpractice Lawyer Ben Rubinowitz was invited by the New York Section of the American Urological Association Education & Research to participate in their 115th annual meeting. This meeting took place in Havana, Cuba, from November 5th to November 11th. During the meeting participants attended scientific sessions covering:

  • Kidney Cancer
  • Female Urology/Voiding Dysfunction
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Top 10 Health Technology HazardsMedical technology advancements globally increase quality and length of life however they don’t come without risks and hazards. New health technologies if not proprely used can also hurt patients and lead to medical malpractice. Every year the ECRI Institute publishes a list of the top 10 Health Technology Hazards. The 2018 report just came out.  Here are the 10 most important safety issues in Health Technology for 2018:

  1. Cyber security attacks

    The health care sector is the second most attacked sector by ransomewares after the financial sector. Health information not only contain patient health information but also crucial financial information such as social security numbers. Unfortunately many healthcare organizations are extremely vulnerable.  Their computers operating systems are often outdated and they are not prepared to face criminals holding patient’s information hostage and expecting payout in exchange. Last month a sophisticated group of hackers operating under the name “Dark Overlord”stole pictures from a high profile London plastic surgeon that included pictures of in-progress genitalia and breast enhancement of patients. Patients include celebrities and members of the royal family. The hackers also attacked numerous medical centers in the US last year.

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Best Personal Injury Law Firm 2018The New York Personal Injury Lawyers at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, are proud to announce that for the eighth consecutive year the firm has been listed in the newly released 2018 ranking of the Best Law Firms by U.S. News and Best Lawyers®.

For New York City the firm obtained the following rankings:

  • Tier 1 in Medical Malpractice Law – Plaintiffs
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Jeffrey-Bloom2-150x150Our Partner Jeffrey Bloom on October 11th spoke at “Mount Sinai Update: Breast Imaging Conference” sponsored by The International Institute for Continuing Medical Education, Inc.

This CME program is designed to cover clinical aspects of breast imaging including digital mammography, breast ultrasound, breast MRI, and interventional procedures, as well as medicolegal issues. Jeff spoke to physicians regarding the plaintiff’s attorney’s perspective on breast imaging malpractice. Jeff has also spoken to emergency room physicians and neonatologists on medical legal issues.

He believes that it is part of our professional responsibility to educate physicians about medical malpractice, patient safety and how to avoid becoming a defendant in a medical malpractice case. Since joining the firm following his graduation from law school he has carved out a reputation as one of the top medical malpractice attorneys in New York.

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DR samadi is suspected of medical malpracticeDavid Samadi, a star surgeon in New York is suspected of medical misconduct after investigators found that he had been booking 2 to 3 surgeries at the same time and let unsupervised and inexperienced residents handle them. An investigation by the New York State Office of Professional Misconduct is continuing. Residents also complained that they weren’t properly trained. The celebrity urologist is the Chairman of Urology and the Chief of Robotic Surgery at Lenox Hill Hospital in New York. He earned $6.7 million in 2015 as a specialist in robotic prostate surgery. The Boston Globe Spotlight Team has published a detailed account of his practices. Link below. They found that he keeps track of his robotic surgeries on a board in one of his operating rooms. They obtained a photograph of the board that listed 1,380 robotic surgeries between July 2013 and January 2017. According to The Globe investigation The American Urological Association investigated Samadi’s advertising practices based on complaints from other urologists causing him to scale back claims that he had cured 97 percent of his prostate cancer patients. Lenox Hill Hospital is making millions of dollars a year a from his surgeries.

The practice of double booking is not considered medical malpractice as long as the teaching physician is present during “the critical part” of the surgery. However in the case of David Samadi, it appears that the doctor would never show up during most non robotic surgeries and let residents handle them. According to data provided by the  hospital, David Samadi performed 2,200 operations in 3 years. That’s 733 operations per year and 2 to 3 operations every working day of a year. The Globe investigation found that operations were overlapping in 70% of the cases and hundreds of times one operation would completely overlap with another.  Most of the time overlapping procedures would occur when Dr. Samadi would be performing a robot-assisted operation. On his website the doctor tells patients “He remains the surgeon for the entire procedure and is in control of the robot at all times”.  If Dr Samadi is assisting during the entire procedure how can he at the same time be in another room supervising residents during “critical parts”? This is an example of placing money ahead of good patient care.

Read more in the Boston Globe