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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Operating-roomThis week, both Northwell Health of New York and Massachusetts General Hospital agreed to pay millions of dollars to settle medical malpractice cases related to concurrent surgery. Double-booked surgery also called simultaneous surgery or concurrent surgery is a recently new practice implemented by hospitals all over the country during which a surgeon is involved in two or more surgeries in different operating rooms at the same time.  While some medical studies have been backing this practice other studies have pointed out the resulting complications and inherent safety risks to patients. Last year in their Trial Advocacy Column in the New York Law Journal, Ben Rubinowitz and and Evan Torgan raised the alarm about this practice.

Deadly negligence and fraud

The case settled by Northwell Health of New York claimed that Dr David Samadi, urologist at Lenox Hill Hospital who raised to fame after performing several prostate surgeries on celebrities was allowing urologist residents to perform conventional surgical procedures in a room while performing high risk complex robot-assisted surgeries in another room. The surgeon would shuttle back and forth between the operating rooms during the simultaneous procedures.  The  hospital would then bill Medicare for the procedures performed by the unsupervised trainees. The practice of upping Dr Samadi’s salary for referring more patients to Medicare is illegal. It violates the federal Stark Law.  Dr Samadi was one of the highest paid surgeon in the US. In 2017 his salary was estimated at $6.8 million. Several patients died after undergoing surgery with him and many others suffered post surgery complications.

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Our form was named Best Law Frim 2020Our NYC Personal Injury Law Firm was named a 2020 Best Law Firm by U.S. News and Best Lawyers for the 10th consecutive year and we would like to congratulate our attorneys and staff for their continuous effort and great work.

Also for the 10th consecutive year, Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf was named

  • A Tier 1 Firm for Personal Injury Litigation  – Plaintiff in New York City
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Heart_transplant-wikipediaTo boost transplant patient survival rates, Dr Mark Zucker and his team have allegedly been keeping vegetative patients on life support for an entire year without family consent according to a recent investigation by ProPublica.  For hospitals that have organ transplant programs, the patient survival rate is the most important number tracked by the US Center for Medicare and Medicaid Services. If a hospital has a “one year survival rate” falling bellow an expected number calculated by an algorithm, an audit might be launched by the agency. If the audit uncovers serious problems, the transplant program can potentially loose its Medicare certification. As a result the hospital would loose the procedures paid by Medicare and by some medicaid and private insurance plans that only reimburse for transplants at Medicare approved transplant programs. A hospital charges around 1.4 million for a heart transplant.

Newark Beth Israel advertises itself as one of the best heart and lung transplant hospitals in the country. For 30 years, Dr Mark Zucker has been leading the heart and lung transplant program. His heart transplant surgeon, Dr. Margarita Camacho, has been performing most of the heart surgeries since 2005. She developed a strong and successful reputation as a heart transplant surgeon,  travelling in person to donors hospitals to inspect the facility and the donor’s heart before traveling back to Beth Israel with the organ.

Very unethical decisions made by the hospital to game the system

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New York Personal Injury Attorney Marijo AdimeyWe are very pleased to announce that one of our partners, Marijo C. Adimey, has been selected as one of the 2019 AV Preeminent Rated New York Women Leaders in Law.
Marijo’s dedication to high work standards, advocacy for her clients, as well as her trial and litigation skills have made her a powerful force and leader in the field of personal injury and medical malpractice.
Congratulations Marijo!
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One-and-Only-campaignSince 2001 more than 150,000 patients in the US have been notified by their healthcare providers that they might have been potentially exposed to bloodborne pathogens  such as hepatitis B virus (HBV), hepatitis C virus (HCV), and human immunodeficiency virus (HIV) after a health provider committed medical malpractice by failing to observe standard injection safety protocols.

The Center for Disease Control and Prevention (CDC) is worried that too many healthcare providers are failing to observe what is considered basic infection control when injecting patients. A recent “One and Only” campaign seeks to raise awareness among healthcare providers and patients about safe injection practices.

These practices might seem obvious but incidents happen quite commonly and the consequences can be deadly.

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Medical Malpractice Briefing BookThe Center for Justice and Democracy recently released the 2019 edition of their Medical Malpractice Briefing Book. This very popular publication was updated with the most recent studies, statistics and general healthcare information and comes with links to the original material.

In addition to the usual sections, this new edition contains several new sections, including: sexual assault by doctors; misdiagnoses (the most prevalent and costly type of medical error); childbirth errors; plastic surgery; resident “hand-offs;” physician stress and burnout; and the real cause of insurance spikes for doctors.

Among the many findings, here are some of the most interesting:

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hacked150,000 potential victims of medical malpractice who clicked on Facebook ads created by xSocial Media and provided their personal medical records including intimate and personal descriptions of their injuries were exposed in a major data breach. The leaked data included not only the full name, address, email, phone number and IP address of the patient but also the circumstance of the injury and an explanation about the injury. Among the information unveiled by the breach were injuries suffered by veterans during combat, injuries by medical devices or by medication side-effects. Some of the data also contained insights about the employment situation of  medical patients that could ruin their career.

xSocial Media is a Facebook marketing agency that specializes in running ad campaigns for medical malpractice and other personal injury lawsuits to generate leads for their clients. When Facebook users click their adds, they are asked to fill a form to check if they qualify for legal assistance.  These forms generate leads for xSocial Media’s clients. The forms are stored in multiple databases operated by xSocial Media. These databases are not safe and were hacked. After the breach was discovered it took xSocial Media 9 days to act on it and fix the issue. A recent article in VPN Mentor demonstrates how easy a hacker could access this data. (The full VPN Mentor report on this leak can be found here)

Also in addition to leaking medical records, xSocial Media also leaked invoices records containing their own bank account info as well as their clients name, address and phone numbers.  The leak also shows the result of their clients campaigns and how much they paid for it.

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Medical Malpractice Attorney Christopher_DonadioOur NY medical malpractice attorney Christopher J. Donadio has been invited to lecture at the ACI Advanced Forum on Obstetrical Malpractice Claims, which will be held on Thursday, June 27, 2019 at 8:15 am at the The Union League of Philadelphia at 140 South Broad Street, Philadelphia, Pennsylvania. Mr. Donadio has been asked to provide a plaintiff’s attorneys perspective to the current trends in medical malpractice cases involving shoulder dystocia.

The Annual Advanced Forum on Obstetric Malpractice Claims is an annual event that brings together a faculty of medical experts, risk managers, insurance professionals, and plaintiff and defense attorneys who will provide the attendees with the most up-to-date information on complex medical issues as well as litigation hurdles and strategies.

Failure to recognize signs of shoulder dystoria and to handle the situation proprely can be devastating for the baby

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Blog_Medical_Malpractice139% of incidents of medical malpractices are committed by 2% of doctors in the US according to a recent study entitled “Changes in Practice among Physicians with Malpractice Claims” and recently published in The New England Journal of Medicine . Many of these doctors are multi recidivists and have accumulated 5 or more paid lawsuits. While some of them quit, a majority of them just keep on going.  The study found that 90% of them are indeed still in practice.

Any doctor can open a solo practice including those who have had several paid claims against them

Contrary to what many believe, most doctors who have been sued multiple times for medical malpractice do not relocate to another state.  They often open their own practice because it gets more difficult for them to be hired by hospitals or healthcare groups. Any doctor can open their own practice, irrespective of the number of times he or she might have been sued for medical malpractice.  Additionally patients are less likely to look for information about prior lawsuits than employers. Opening a solo practice also means less oversight but also an increased risk for more harm to patients. Should doctors with several malpractice claim be authorized to do so? Also should patients be able to easily access information on physicians past lawsuits?

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Top 10 patient safety concern in 2019As medicine evolves so do the risks for medical malpractice. Here are the top main risks according to  the 2019 Top 10 Patient Safety Concerns recently published by the ECRI Institute:

  1. Improper use of the Electronic Health Record (EHR) can be medical malpractice that can cause severe harm and sometimes death.  Diagnoses that are not proprely communicated or followed up are the number one concern when it comes to patient safety in 2019.  Too often, the 3 main components of the EHR, The diagnosis, the treatment plan and the follow up plan are inaccurate or missing. As a result, the risk of diagnostic error increases.
  2. The second biggest cause of concern for patient safety is the over prescription of antibiotics to patients that increases their antibiotic resistance and as a result limits their future treatment options. The over prescription of antibiotics affect particularly seniors who believe antibiotics can help them to feel better in almost any type of situation and doctors who are handing them out like candies.