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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New York Medical Malpractice Lawyer Ben RubinowitzOur managing partner, NYC Personal Injury Attorney Ben Rubinowitz will be speaking at the Long Island Medical Malpractice Litigation 2019 Seminar organized by the New York State Bar Association. The seminar will take place on Wednesday February 27th at the Melville Marriott located at 1350 Walt Whitman Road in Melville. Ben will be speaking on openings and summations.

The seminar will start with a presentation of the Developments in the Substantive Law that will cover the recent legal issues and legislative development, e-Discovery, Ex parte interviews with treating physicians, recent developments in Lien Law and the fund for neurologically impaired infants.  It will be followed by a presentation on discovery including social media and internet information, surveillance, Arons authorizations and more. After a coffee break, participants will learn tips and techniques to question the defendant during depositions and trial. In the afternoon the program will first focus on the preparation of the defendant for deposition. It will be followed by a presentation on how to cross examine an expert. Participants will then learn how to prepare perfect openings and summations. The program will end with a view from the Bench.

A must for both new and experienced attorneys, this seminar will be filled with useful information and valuable tips. The program will provide an overview of the key issues in medical malpractice litigation through a combination of lectures and practical demonstrations. Learn how to determine the relevant standard of care, how to prepare your case, how to avoid common pitfalls and how to examine expert witnesses. Don’t miss this opportunity to learn trial strategies and techniques in medical malpractice actions from top-notch litigators and distinguished State and Federal Judges.

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FrostbiteAs New York hospitals are gearing up for an increased number of patients visiting the emergency room for cold related injuries it is important that physicians and nurses be up to date with proper management of cold injuries as medical malpractice such as failure to diagnose and timely treat systemic hypothermia can be fatal.

In a recent article published in Medscape, Blair Peters, MD (Resident Physician, Department of Plastic and Reconstructive Surgery, University of Manitoba Faculty of Medicine, Canada) and  Edward W Buchel, MD (Associate Professor of Surgery, Section of Plastic Surgery, University of Manitoba Faculty of Medicine; Head, Consulting Staff, Winnipeg Health Sciences Centre, Canada) provide an in depth analysis of the various types of cold injuries and the most appropriate manner to treat them.

Systemic hypothermia needs immediate treatment

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New York Medical Malpractice Lawyer Ben RubinowitzOur managing partner, NYC Medical Malpractice Attorney Ben Rubinowitz will be lecturing at the 43rd Winter Urologic Forum at the Winter Meeting of Urologists in Steamboat Springs, CO. Organized by WJ Weiser and Associates, Inc, the Forum will take place at Steamboat Grand from January 19th to January 22nd.

This meeting will summarize for practicing urologists and other interested professionals, new concepts in diagnosis and treatment for conditions including local and advanced prostate, renal and bladder cancer, lower urinary tract symptoms, incontinence, urinary tract infection, reconstructive urology, andrology, stone disease and medical malpractice. At the completion of the meeting, urologists will have been exposed to methods to optimize patient care and maintain patient centricity of care delivery.

Ben will moderate the session “Cases of Urologic Complications and Implications”. This session will focus on Medical Malpractice with trial demonstrations including witness examination, opening statements and summation of cases related to prostate cancer, urothelial cancer, female urology, stones, renal cancer and male AUS.

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Jeffrey-Bloom2Our partner, NYC Medical Malpractice Attorney Jeffrey Bloom will be Co-Chairing “Lets Talk… All Things Med. Mal.”. Organized by the New York State Trial Lawyers Association, this seminar will take place at NYSTLA office in Manhattan on January 23rd from 6:00 to 9:00 pm.

Presented as a round table type discussion, the seminar will address all the aspects of a Medical Malpractice Trial – jury selection, opening statements, direct and cross examination as well as summation  – from the different perspectives of the plaintiff, the defendant and the Court.

Participants will learn:

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Medical Malpractice Attorney Christopher_DonadioOur Personal Injury Law Firm is proud to announce that our attorney Christopher J. Donadio obtained a $3 million verdict in a medical malpractice case in New Jersey.

The case involved a 74 year old plaintiff who sought treatment with a gastroenterologist due to a cyst on his pancreas. After visiting the gastroenterologist, the plaintiff underwent a blood test to check for evidence of cancer, but did not undergo any further testing. Sixteen months later, the plaintiff underwent testing due to his inability to control his blood sugar. It was determined at that time that he was suffering from pancreatic cancer. Unfortunately, the plaintiff passed away from his cancer eleven months after being diagnosed.

A claim was brought against the treating gastroenterologist for failing to recommend further testing for the plaintiff’s pancreatic cyst. Plaintiff claimed that had further testing been done, specifically an endoscopic ultrasound, the pancreatic cancer would have been diagnosed sixteen months earlier and would have given him a much better chance at surviving the disease. A claim was also brought against a radiologist who plaintiff claimed failed to point out worrisome features of the pancreatic cyst when reviewing a CT scan of the abdomen.

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NYC Best Personal Injury Law Firm Congratulations to all our attorneys and staff for making our firm one of the Best Personal Injury Law Firms in New York. For the ninth consecutive year, Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf has been recognized by U.S. News Media Group, the publishers of U.S. News & World Report, and Best

Lawyers® as a top tier firm in the New York City Metropolitan Area for

  • Medical Malpractice Law – Plaintiffs
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top 10 technology hazardsTo prevent medical malpractice, hospitals and other medical facilities have to constantly be aware of the new technological hazards that can be detrimental to patients. Every year the ECRI Institute compiles a list of the most hazardous technological issues that can hurt patients. Here are a summary of the 2019 Top 10 Health Technology Hazards.

  1. ECRI lists potential hackers attacks to medical networks the number one technological threat for the medical community. Hackers have been using remote access to infiltrate the network of healthcare organizations and to install ransomware or other malware to steal data, degrade or render inoperative devices or hijack computers for other malevolent purposes. Hackers look for organizations with weak cyber security therefore it is essential for healthcare organizations to make sure that they are up to date with all recommended cyber security practices.
  2. Dirty mattresses that are oozing body fluids from previous patients to new patients has become the biggest health concern of hospitals. Healthcare facility are facing major issues with mattress covers that are not proprely cleaned or that become weak and susceptible to break after being cleaned with inappropriate products and/or procedures.  The ECRI Institute recommends that suppliers provide clear guidelines on how to clean covers without compromising their integrity.
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Jeffrey-Bloom2Our partner, NYC Medical Malpractice Lawyer Jeffrey Bloom, was recently invited to be a faculty member at the “Mount Sinai Update 2018: Breast Imaging” seminar that occurred October 1st to 3rd in New York. Jeff  spoke on how to reduce Medical Malpractice Exposure.  Organized by The International Institute for Continuing Medical Education, the seminar covered all clinical aspects of breast imaging including mammography, digital breast tomosynthesis,  breast ultrasound, breast MRI, molecular breast imaging and interventional procedures, as well as medicolegal issues. Jeff was part of a faculty of  nineteen nationally and internationally recognized experts.

More info about the seminar can be found here

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surgeonLast year a neurosurgeon was sentenced to life in prison after it was found that he committed medical malpractice and butchered 33 of the 37 patients he operated on, including two who didn’t survive. His name is Christopher Duntsch. After he was arrested in Dallas, his story was covered by all the local media who nicknamed him Dr. Death. A few days ago, ProPublica released  the result of an  in-depth investigation on his story and describes how the case had to be taken to the criminal system because the medical system wasn’t working and patients couldn’t be protected.

After an unsuccessful beginning of a career as a football player, Duntsch decided to become a neurosurgeon. He was able to get his undergraduate degree and to enroll  at the University of Tennessee at Memphis College of Medicine to get an M.D. and a P.H.D. During his surgical residency, with a few partners, he launched DiscGenics, a company that was developing and selling disc stem cells.

Duntsch also developed a terrible cocaine habit and had the reputation of being a party animal. He would often do cocaine and alcohol all night and go straight to his residency to the hospital. His partners at DiscGenics worried about it and forced him out of the business.

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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