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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 Patient with DoctorsIn a case highlighted by The New Yorker—“If A.I. Can Diagnose Patients, What Are Doctors For? Large language models are transforming medicine—but the technology comes with side effects,” by Dhruv Khullar—we’re reminded how a missed diagnosis can spiral into life-altering harm and how patients increasingly turn to A.I. for answers when medicine falls short. The story of Matthew Williams, whose cecal volvulus was initially dismissed as “constipation,” illustrates both the stakes of diagnostic error and the complicated role A.I. now plays in modern care.

In 2017, Matthew Williams went from an active life to one shaped by fear of everyday foods after an emergency visit that clinicians dismissed as “probable constipation.” A missed diagnosis of cecal volvulus—an intestinal twist that cuts off blood flow and requires urgent surgery—cost him roughly six feet of intestine, and with it the ability to eat freely, social comfort, and a measure of his former life. Years of follow-up care, repeated consultations, and dietary restrictions followed before a simple experiment with an A.I. tool helped point toward a dietary explanation that clinicians had not identified.

How a missed diagnosis becomes medical malpractice

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M Adimey Medical Malpractice (Facebook Post)Partner Marijo C. Adimey of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf will be a panelist at the New York City Bar Association’s Medical Malpractice Conference on Friday, October 10, 2025.

She will join Hon. Tracy Catapano-Fox, Supreme Court, Queens County, and Adam Dulgacz, Heidell Pittoni Murphy & Bach, LLP, on the panel Medical Malpractice: Trial Practice. Together, they will share perspectives on trial strategy, jury dynamics, and a perspective from the bench,

Conference Overview

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Patients are at risk of technology hazardsArtificial intelligence is rapidly entering hospitals and clinics, powering devices that interpret imaging scans, assist with diagnoses, and monitor patient health in real time. While these tools hold enormous promise, a new study in JAMA Health Forum warns that many AI-enabled devices are being cleared for use without clinical validation — and those devices are significantly more likely to be recalled.

Why This Matters for Patient Safety

AI is increasingly trusted in critical areas of patient care. When these devices are rushed to market without real-world testing, the risks fall directly on patients:

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Best Lawyers 2026 finalThe 2026 edition of The Best Lawyers in America® has once again recognized the attorneys of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf among the very best trial lawyers in New York. This year, eight of the firm’s top-rated attorneys were selected for their excellence in personal injury litigation, medical malpractice law, legal malpractice law, and product liability litigation, while two rising attorneys earned spots in Best Lawyers: Ones to Watch in America®.

Attorneys Recognized in The Best Lawyers in America® 2026

  • Marijo C. Adimey – Medical Malpractice Law – Plaintiffs; Personal Injury Litigation – Plaintiffs

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A Detailed Legal Perspective from our Bronx Medical Malpractice Attorneys

Bronx Hospital ratingsThe Centers for Medicare & Medicaid Services (CMS) recently released its  Five-Star Quality Ratings—a nationwide report card evaluating hospital safety, outcomes, and patient experience. The results for Bronx hospitals were deeply concerning: most received the lowest possible rating of just one star.

As medical malpractice attorneys serving the Bronx community, we believe these ratings shed light on potential risks to patient safety—and may support claims of hospital negligence.

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Hospitals across the country have been warned to immediately stop using certain Draeger mechanical ventilation filters after the U.S. Food and Drug Administration (FDA) issued a high-risk recall notice. The affected devices — SafeStar and TwinStar filters — are used during anesthesia and mechanical ventilation to prevent bacterial and viral contamination.

According to the FDA, the filters can cause misleading carbon dioxide readings during procedures. Carbon dioxide monitoring (capnography) is critical in surgery, particularly under anesthesia, as it helps ensure that a patient is ventilating properly. When readings are inaccurate, medical teams may administer unnecessary or harmful interventions — or fail to provide urgently needed care.

Scope of the Recall

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Medication-errorAs medical malpractice lawyers in NYC, we are seeing an alarming rise in cases tied to substandard and falsified (SF) medications — counterfeit or fake drugs designed to resemble legitimate pharmaceuticals. The World Health Organization has called the fight against these dangerous products one of the most urgent health challenges of the next decade.

Globally, SF drugs have become a multibillion-dollar black market, with an estimated worth of $431 billion annually. Increasingly, these medications are purchased from unregulated online marketplaces posing as legitimate pharmacies — many using deceptive tactics such as Canadian branding or maple leaf logos to gain trust. The U.S. Food and Drug Administration reports that approximately 95% of online pharmacies selling prescription drugs are operating illegally.

The Lethal Risks Behind Counterfeit Medications

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3D_Medical_Animation_of_Left_Atrial_Appendage_OcclusionBoston Scientific has issued updated instructions for products used in the implantation of its Watchman left atrial appendage closure device after the Food and Drug Administration (FDA) linked the procedure to 120 serious injuries and 17 patient deaths.

FDA Safety Alert Highlights Increased Risk Under Sedation

According to an FDA safety communication released on August 8, 2025, the updated instructions apply to the FXD Curve, Truseal, and Trusteer access systems—all of which are used to implant the Watchman device. The FDA warned that patients sedated but not placed on mechanical ventilation during the procedure face a heightened risk of air embolism, a dangerous condition caused when an air bubble enters the bloodstream.

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Stapler recalled by J&JFrom the Medical Malpractice and Product Liability Attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf

Johnson & Johnson’s Ethicon division has issued a correction and Class 1 recall of its Echelon surgical stapler reload cartridges, following reports of a serious defect linked to at least one death and multiple injuries. The U.S. Food and Drug Administration (FDA) has confirmed that 678,526 units are affected by the recall, which involves staplers used to cut and staple tissue during surgery.

The FDA warned that the stapler may lock during use, failing to properly cut or seal tissue. This malfunction can result in the device becoming trapped in the patient, causing surgical delays, excessive bleeding, hemorrhagic shock, emergency conversion to open surgery, and even death.

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Veteran-Head_down-Wheelchair-NishapurBy the NYC Medical Malpractice Attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf

Veterans of the United States Armed Forces face unique and complex health challenges—ranging from physical injuries sustained in combat to long-term psychological trauma. Yet in many civilian healthcare settings, these distinct needs are overlooked, leading to missed diagnoses, improper treatment, and in some cases, preventable harm. As the veteran population grows and more rely on non-military healthcare, these oversights are emerging as a serious patient safety concern.

Civilian Healthcare Providers Are Often Unprepared to Treat Veterans