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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Our Medical Malpractice Attorneys Jeffrey Bloom and Ben Rubinowitz represented the family  of Joan Rivers after she died during a routine endoscopy at a Manhattan surgery center. Sadly many other patients have died following complications or surgical errors at this type of center as many States still do not have regulations that may prevent them. For example in most of the country there is no law that prohibits a doctor who was laid off by a hospital for misconduct to open a surgery center.

A recent USA TODAY NETWORK and Kaiser Health News investigation found that a surgery center in Arkansas 3 people died during colonoscopy procedures in 15 weeks and none of them were reported to an oversight authority. Patients coming for procedures were obviously not aware of these deaths either. This must change.

The lack of oversight continues to kill patients at surgery centers

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Among all the States in the US, New York State has the highest rate of mothers injured while giving birth.  Many of these injuries are the direct result of hospital negligence and medical malpractice. A recent investigation by USA Today shows that not only in New York but all over America negligent medical workers skip basic safety practices that have proven to be life savers for mothers.

Weighing blood pads to track dangerous hemorrhages as well as controlling blood pressure and if necessary immediately providing medication to prevent strokes are basic procedures that protect a mother about to give birth. However in the US many nurses, doctors and hospitals continue to ignore them. As a result while in most developed countries the rate of maternal deaths and injuries dropped drastically over the last decades, it rose sharply in the US.

maternal deaths in developed countries
Excepted for California where safe practices have been implemented, hospitals in other Sates continue to ignore basic safety practices.  As a result, every day in the US, 2 mothers die from complications related to delivery. Many of them bleed to death because doctors and nurses don’t bother to quantify blood losses. Many others die from stroke because the hospital staff didn’t track their blood pressure or didn’t provide blood pressure medication on time. Most of these deaths are preventable. Experts estimate that 93% of the deaths related to bleeding could be avoided by quantifying blood loss and 60% of the deaths related to blood pressure disorder could be prevented simply by proprely monitoring blood pressure.

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MontefioreThe 3 emergency units at Montefiore Hospital in New York are so overcrowded and unruly that it endangered patients and staffers.

Patients have to wait for hours to be treated and staffers are regularly attacked by psych patients. According to a nurse working there who was recently interviewed by the New York Daily News, the ER units at Montefiore look like a refugee camp in a war zone.

Last week, Ritchie Torres, a City Councilman sent a letter to the Department of Investigation to ask for an immediate probe.

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Bud FrazierBud Frazier is a surgeon who is recognized worldwide for his role in the development of mechanical heart pumps and  artificial hearts. Devices that are credited Today with extending the lives of thousands of people worldwide each year were tested at Baylor St. Luke’s Medical Center and its research partner, the Texas Heart Institute. However the doctor and his research team committed serious medical malpractice to develop the devices. According to a new investigation released by ProPublica, the surgeon is accused of violating federal research rules and ethical guidelines.

Highly unethical research leading to preventable deaths

Frazier is accused of implementing experimental heart pumps in patients who didn’t meet the criteria to be included in clinical trials.  Also, Frazier used his experimental pumps on patients who could have been treated with more proven  treatments. The surgeon tried to discourage the publication of research that showed that the first group of patients that were implanted with his device suffered from a high rate of strokes. Frazier never disclosed consulting fees and research grants that he received from the companies that made the pumps that he tested. According to the testimony of a nurse, Frazier also allowed an unlicensed researcher to treat heart failures.

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Only one Manhattan acute care hospital obtained a Top A grade in the Spring 2018 Leapfrog Hospital Safety Grades: the NYC Health Hospitals –  Metropolitan in East Harlem.

Most of the others, NYU Langone Medical Center, NYC Health + Hospitals / Bellevue, Mount Sinai West, New York-Presbyterian , Northwell Health System – Lenox Hill Hospital, The Mount Sinai Hospital, NYC Health + Hospitals – Harlem and Mount Sinai St. Luke’s all obtained a C. Mount Sinai Beth Israel had the worst Manhattan score with a D on a scale of A for the best to F for the worst.

The Leapfrog Hospital Safety Grades is a nationwide bi-annual rating that focuses on acute care hospital errors, accidents, injuries and infections that collectively are the third leading cause of death in the United States. Based on the data provided by the report here is what we found for Manhattan hospitals.

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New York Medical Malpractice Lawyer Jeffrey BloomNYC personal Injury lawyer Richard SteigmanOur partner, New York Medical Malpractice Lawyer Jeffrey Bloom, will be the Program Chair of the “Failure to Diagnose Breast Cancer” seminar organized by the New York State Bar Association.  Richard Steigman who is also a partner at our firm will be a speaker and will provide an Overview of the Governing Laws related to such cases.

During this seminar participants will learn how to handle the failure to diagnose breast cancer medical malpractice case. Featuring nationally recognized medical experts in oncology and cancer detection, the morning session will cover the diagnosis, prognosis and treatment of breast cancer and provide attendees with an understanding of the medical background necessary to handle these cases. During the afternoon portion of the program leading medical malpractice trial attorneys will present an overview of case selection, trial strategies and the art of explaining technical medical concepts to jurors.

Don’t miss this opportunity to learn more about this area of law.

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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.