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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Best Lawyers 2024 a global triumph for our personal injury law firmIn the dynamic and ever-evolving world of law, few accomplishments resonate as profoundly as those that redefine excellence itself. Today marks a significant milestone for all of us at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, as we celebrate the exceptional achievements of our Managing Partner, Ben Rubinowitz who was named “Lawyer of the Year” twice by The Best Lawyers in America (2024 Edition) in “Personal Injury Law – Plaintiff in New York City” and “Product Liability Law – Plaintiff in New York City. Ben was also included in the 2024 edition of Best Lawyers® Medical Malpractice Law and Legal Malpractice Law – Plaintiffs in New York, New York.

This remarkable recognition for Ben Rubinowitz is a testament to the collective ethos of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. 11 other of our NYC Personal Injury Attorneys have been acknowledged in the Best Lawyers® 2024 list and the “Ones to Watch” list, exemplifying our commitment to excellence and ethical standards.

7 attorneys were named “Best Lawyers” in multiple practices:

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Misdiagnosis can lead to serious harm and deathMisdiagnosis of diseases and medical conditions is leading to an estimated 800,000 cases of permanent disability or death each year according to a recent study published by researchers at the Johns Hopkins Armstrong Institute Center for Diagnostic Excellence, in partnership with researchers from the Risk Management Foundation of Harvard Medical Institutions Inc.

Misdiagnosis is not a mere statistic; it is a human tragedy that affects hundreds of thousands of patients and their families every year. The report reveals that approximately 371,000 people lose their lives, while another 424,000 suffer from permanent disabilities annually due to misdiagnosis. These disabilities encompass brain damage, blindness, loss of limbs or organs, and even metastasized cancer. Behind these numbers are real individuals whose lives have been irreversibly altered or lost due to medical negligence.

The Top Culprits: Stroke and Other Common Diseases

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NYC Medical Malpractice Attorney Jeff BloomOur NY personal injury law firm is proud to announce that our partner Jeffrey B. Bloom obtained a $3,450,000 jury verdict in Dutchess County, NY in a medical malpractice trial involving a 33-year-old man who now has limited function of his non dominant hand despite several surgeries. After a two-week trial held in Supreme Court Dutchess County before the Hon. Christi J. Acker, the jury of 3 men and 3 women reached their verdict after only two hours of deliberations.

Failure to diagnose and timely treat compartment syndrome

On August 14, 2019, during a routine bicep surgery, the defendant orthopedic surgeon lacerated the brachial artery. Said injury went unrecognized at surgery leading to compartment syndrome in his arm. There was a delay of over the next 48 hours in recognizing the injury despite complaints by our client of excruciating pain. By the time the compartment syndrome was recognized, our client suffered significant muscle and nerve damage to his forearm. As a result, he underwent an emergency fasciotomy, followed by several other operations.

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pregnancy medical malpracticeThe alarming rise in maternal deaths in the United States has become a pressing issue that demands immediate attention. According to a recent study published in the Journal of the American Medical Association (JAMA), the number of individuals dying from pregnancy-related causes has more than doubled over the past two decades. This devastating trend affects all racial and ethnic groups, with the worst outcomes observed among Black women, Native American and Alaska Native people. As medical malpractice lawyers representing victims of birth related injuries and deaths, we are deeply concerned about the persistently high maternal mortality rates and the disparities that continue to place certain populations at greater risk.

The study highlights the detrimental impact of structural racism and the historical lack of access to adequate healthcare services on maternal mortality rates

The disparities in healthcare outcomes are further exacerbated for populations that have been historically underserved. Black women, in particular, have consistently experienced the highest maternal death rates, which have more than doubled over the past two decades. Similarly, the rates for Native American and Alaska Native people have tripled during the same period.

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cyber attack can arm patientsEvery year the ECRI Institute publishes a list of the most serious issues threatening patients and health workers safety.  The 2023 report recently came out and here is a summary of the top 10 patients safety concerns for 2023:

  1. The Pediatric Mental Health Crisis

    The COVID-19 pandemic has highly impacted children’s mental health issues, with girls more likely to be diagnosed with anxiety and depression and boys with attention deficit disorders. Additionally, the CDC recorded a significant increase in emergency room visits for suspected suicide attempts by 12- to 17-year-olds in 2020 and 2021 compared to 2019. Unfortunately, it is estimated that only 40% of children suffering from depression receive treatment.

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Do you need a medical malpractice lawyerChoosing a medical malpractice lawyer in NYC can be a daunting task, but with some research and preparation, you can find the right attorney to represent you. Here are some key factors to consider when selecting a medical malpractice attorney:

  1. Experience: Look for a trial lawyer who has extensive experience in handling medical malpractice cases. Ask about their track record and how many cases they have successfully handled. You want to choose a trial attorney who has a proven track record of success not only in settling cases but also winning jury verdicts.
  2. Specialization: Medical malpractice cases can be complex, so it’s important to choose a lawyer who is specialized in this area of law. Look for an attorney who has a deep understanding of the relevant laws and regulations.
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Medical Malpractice Lawyer Ben RubinowitzOur Managing Partner, Ben Rubinowitz, has been asked to share his expertise in Medical Malpractice cases at the National Conference of the American Urologic Association. More than 30,ooo urologists from around the world attend this conference. The 2023 AUA Annual Meeting will take place in Chicago from April 28th to May 1st 2023.

Ben will be a Faculty member for a course directed by Mitchell Benson, MD, from Columbia University and entitled “Avoiding Medical Malpractice. What you need to know. What you can do. Case Presentations and Review”

Course Description: This course will explore what constitutes medical malpractice and what differentiates medical malpractice from criminal conduct. You will learn about defining the standard of care as it relates to patient outcomes. Most importantly, you will learn about what steps you need to take to defend yourself if named in a malpractice litigation and who to trust.

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Health-Technoogy-Hazards-scaledWhile health technology is often synonymous with progress, some medical devices can be dangerous and lead to patient injury and death. Every, year the ECRI Institute compiles a list of the 10 most hazardous technologies in healthcare. This year the Top 10 health hazards are:

1. Confusing recalls of at-home medical devices

This health hazard arises from Philips’ chaotic recall of defective respirators that cost the lives of hundreds of  at home patients suffering from sleep apnea.  Between April 2021 and October 2022, the FDA received 260 reports of  patients who died while using the Philips respirator. The device was recalled but the manufacturer contacted mostly healthcare providers which were supposed to pass the information to their patients. The process was chaotic and many patients were never proprely informed. As a result, they continued to use the defective device and died. Some patients were contacted directly by the manufacturer, but the notification was unclear. The language was technological jargon that patients did not understand proprely.

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The New York City hospital where the deadly medical error occurredA mother about to give birth died from medical malpractice in a New York City Hospital.  On July 2020, Sha Asia Temple, a 26 year old pregnant woman was at Woodhull Medical Center about to give birth to her daughter. Dr Dmitry Shelchkov, the anesthesiologist who was in charge of giving her the epidural inserted the catheter to deliver the anesthesia 13 inches deep in her back instead of the recommended 4 inches and administered a full dose of anesthesia neglecting to first administer a test dose and check on the patient before administering the full dose. As a result the anesthesia liquid was injected into the cerebrospinal fluid. The patient complained that she could not breath anymore and died shortly after. According to the federal hospital inspection report, a doctor who rushed to the rescue screamed at Dr. Schelchkov “I can’t believe this is happening again!”. Sha Asia Temple died but her baby, Khloe, survived.

The causes of the death of Ms. Temple were only recently made public and the investigation report indicates that over the two years preceding the death of Ms. Temple, 6 patients in  labor at Woodhull Medical Center “suffered adverse outcomes related to the administration of anesthesia” and Dr Shlchkov was involved in most of them. The same errors of pushing the epidural  needle too deep and mixing the anesthesia with cerebrospinal fluid as well as not proceeding to a test before administrating the full dose were reported. Despite the obvious pattern, the hospital did not take any measures to monitor the doctor who was finally stripped of his medical license in 2021.

Epidural complications are rare and while epidural complications started to occur regularly at Woodhull Medical Hospital, the system was so dysfunctional that cases went unreported. It took the death of a mother for the administrators of the hospital to notice the pattern.

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Best Law Firms - Standard BadgeOur firm is proud to announce that for the 13th consecutive year it has been named by U.S. News – Best Lawyers ® “Best Law Firms” a Tier 1 Firm in New York City for:

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