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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A very well organized network of profiteer personal injury law firms, doctors, marketers and finance executives have teamed up together to try to make profit out of women who previously had a vaginal mesh surgery by leading them into believing something is wrong with their implant. A recent article in the New York Time looks at the cases of multiple women who previously had a vaginal mesh implant and were contacted by unidentified callers lying to them and pretending that their implants were defective to lure them into expensive, dangerous and unnecessary surgery.

Hired and trained by a marketing company, the callers usually know most of the medical history of the women that they were calling. Victims of these calls are often told that if they don’t undergo surgery to remove the mesh they might die. The caller then set the woman up with:

  • the law firm that initially hired the marketing company
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More than twenty years ago, a medication was developed that can save lives and reduce the disabling impacts of a stroke. Known as tissue plasminogen activator (or “T.P.A.”), this medication is now considered the gold standard for the treatment of ischemic strokes by the American Stroke Association.

Generally speaking, there are two types of strokes that can occur—ischemic stroke or hemorrhagic stroke. An ischemic stroke occurs when there is an obstruction to one of the vessels that supplies blood to the brain. A hemorrhagic stroke occurs when a blood vessel ruptures and bleeds into the area surrounding the brain. T.P.A. can only be used to treat ischemic strokes. When timely used to treat an ischemic stroke, it can be a brain-saving treatment.

RECENT STUDIES SHOW TPA CAN PREVENT BRAIN INJURY AFTER A STROKE BUT SKEPTICS SAY TPA IS DANGEROUS

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New York Medical Malpractice Lawyer Jeffrey BloomNew York Medical Malpractice Lawyer Ben RubinowitzOur partner,  New York Medical Malpractice Lawyer Jeffrey Bloom will be chairing the “Anatomy & Medicine for Lawyers” program offered by the New York State Bar Association Thursday March 29th from 9:00 am to 5:00 pm at the CFA Society, 1540 Broadway #1010 in New York City. The program will also be webcasted live.

During the program Jeffrey will talk about preparing a medical malpractice case. He will discuss cases from both the plaintiff and defense perspectives. Our managing partner, Ben Rubinowitz will also attend the program as a speaker. He will lecture, about orthopedic and spinal injuries. He will be joined by Dr James Naidich, a radiologist in discussing these types of injuries.

This unique program will familiarize medical malpractice attorneys and personal injury attorneys (both plaintiff and defense) as well as workers’ compensation attorneys with the medical concepts and terminology necessary to

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New York Personal Injury Attorneys Rubinowitz and TorganIn their latest Trial Advocacy column in the New York Law Journal, NYC Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: Concurrent or overlapping surgeries are becoming more common in major teaching hospitals. Although studies have suggested that the practice can be performed without endangering patient safety, the attorney prosecuting such a case should focus on the motives behind the practice. Developing “case frames” such as profit over safety will certainly answer questions in the minds of jurors as to who benefits from double booking.

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Hospital-PatientTo avoid medical malpractice and make sure their patients are safe, good healthcare organizations stay proactive and identify actual and new risks of medical malpractice to better address them. Every year the ECRI institute, a non profit organization advocating for patient safety, compiles a list of the most urgent issues to be addressed by these organizations. The list, based on more than 2 million events reported to the ECRI Institute, highlights high priority concerns and new risks related to patients safety and proposes solutions to address them.

Diagnostic errors stay the main concern

Diagnostic errors and the opiod epidemic continue to be at the top of the list.  Poor Internal Care coordination resulting in  numerous medical errors continue to be a major safety concern as well. Staff bending work rules to circumvent or temporary fix what they perceive as a barrier or a system flaw and often unintentionally  putting the patient in unsafe condition is also a main issue faced by healthcare organizations.  The incorporation of poorly designed Health Information Technology Systems continue to have negative consequences on patients health.

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surgery-centerTwo recent articles discuss the increased risks of medical practice at surgery centers as they take on increasingly risky surgeries.

A global investigation by Christina Jewett from Kaiser Health News and Mark Alesia from USA Today reveals that since 2013, 260 people died of complications after they went for an in-and-out procedure at a surgery center in America.

Another investigation led by Lindy Washburn from NorthJersey.com found that more than 12,000 serious cases of personal  injury including 52 deaths have occurred in New Jersey surgery centers between September 2008 and September 2017. Additionally Washburn also found out that these numbers were only reflecting a partial reality as among the 298 surgery centers installed in New Jersey only half of them have to report to NJ’s Patient Safety Reporting System. In New Jersey surgical centers with only one room don’t need to report their patient safety data. Previous cases of medmal indicate that some victims died in the past but exact numbers are nowhere to be found. In her article Washburn describes several cases including the one of  Rekhaben Shah, a 67 year old woman who went to one of these centers for a routine colonoscopy and died two days later. A new law was just passed that will soon require all New Jersey surgical centers to report patients safety data.

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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.