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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In a recent malpractice lawsuit, a New York State Supreme Court Jury, Erie County, awarded $6 million for past and future pain and suffering and $2.8 million for medical expenses and lost of wages to a man who lost his leg as the result of medical malpractice by his surgeon. His ex-wife was also awarded $350,000 for loss of services.

Donald Schultz was a 35 year old public safety dispatcher for the City of Tonawanda, NY, when he broke his ankle in 2004. After initial treatment he still felt pain on the side of his foot near the little toe and made an appointment with Dr. Michael A. Parentis at the Knee Center of WNY. Dr Parentis performed 12 surgeries on his foot and leg. He started with surgeries on the little toe then amputated it. After the patient developed an infection, the doctor also amputated the fourth toe. As the pain continued the doctor continued to operate up until July 2009 when he amputated the leg below the knee.

Read more in Buffalo news

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Blatant medical malpractice was committed by the Emergency Room staff of the NYU Langone Hospital in New York that lead to the death of 12 year old Rory Staunton according to a recently released investigation by the the New York State Department of Health.

Rory Staunton died on April 1st 2012 from sepsis after a scrape on his arm became infected. He was taken to the ER at NYU Langone Hospital but was sent back home after the staff failed to diagnose sepsis. His condition worsened and he died the next evening.

According to the investigation by the NY Health Department “NYU Langone ER failed to provide care in accordance with acceptable standards of practice for both medical staff and nursing services, as well as a systemic failure related to the reporting and follow up of abnormal laboratory results”.

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Women are at a higher risk of a stroke than men because they have unique risk factors associated with pregnancy and the use of hormones. The guidelines from the American Heart Association and American Stroke Association were the first such recommendations aimed at preventing strokes in women. Stroke is the fourth-leading cause of death for all Americans and a leading cause of disability. It’s the third-leading cause of death for women, after heart disease and cancer.

Read more in the Washington Post

Today Is American Heart Association National Wear Red Day, wear red to show that you support women living longer, stronger lives. Encourage your loved ones to do the same.

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Electrocauter.jpgA recent study analysed all Medical Malpractice claims related to fires in the Operating Room that have been filed in the American Society of Anesthesiologists Closed Claims Database since 1985 and found that electrocauterization was responsible for 90% of the claims. The study “Operating Room Fires: A Closed Claims Analysis” was published in the Journal of the American Society of Anesthesiologists” and led by Dr. Karen Domino, Professor & Vice Chair for Clinical Research Anesthesiology & Pain Medicine, Adjunct Professor, Neurological Surgery, University of Washington, Seattle, Washington.

Electrocauterization or Electrocautery is a procedure that is used in surgery to burn unwanted or harmful tissues or to seal blood vessels to stop bleeding. During the procedure a surgeon uses heat conduction from a metal probe heated by electric current to burn the tissue.

The study found that most Electrocautery induced fires happen during monitored anesthesia care with open oxygen delivery for upper chest, neck and head procedures with plastic surgery procedures on the face accounting for more than half of them.

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A 30 year old patient who checked in last Sunday night at 10PM at St Barnabas Emergency Room for a rash was found dead in a waiting room chair at 6:40 the next morning by a security guard. According to an ER employee, there is no policy in place to check the waiting room to see if people who are waiting to be seen are still there or are still alive. The employee added that the man had been dead for several hours before he was found.

Read more here
Delay in treatment can be medical malpractice click here to learn more about it.

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Gair Gair Conason Steigman Mackauf Bloom & Rubinowitz is pleased to announce that our Partner, Ben Rubinowitz has been asked to deliver a lecture on Medical Malpractice at the 37th Annual Winter Urologic Forum in Colorado this January. A Top New York Medical Malpractice Lawyer, Ben Rubinowitz and all of the lawyers at GGCSMB&R have successfully resolved thousands of medical malpractice cases for those who have been injured as a result of medical negligence.

Ben Rubinowitz explained that ” it is truly an honor to have the privilege of speaking to such a distinguished group of doctors. I always find it interesting that the physicians have asked a plaintiff’s lawyer rather than a defendant’s lawyer to deliver the National Lecture on Medical Malpractice.”

This year, in addition to lecturing about Medical Malpractice, Ben Rubinowitz will discuss the litigation surrounding the use of vaginal mesh for Pelvic Organ Prolapse.

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Steigman%20and%20Sallay.pngA settlement in the amount of $1,750,000 was obtained by our partners New York Medical Malpractice Attorneys Ernie Steigman and Chris Sallay for the Wrongful Death of a 41-year old pregnant woman due to the Medical Malpractice of her Obstetrician and his office staff.

In this case, the decedent, who was about 10 weeks pregnant with triplets, had called her doctor’s office complaining of pain in her leg and shortness of breath on a Saturday. The nurse she spoke with advised her to come into the office on Monday. When she arrived on Monday, the doctor examined her but failed to take a Doppler study to determine the source of her leg pain. She was sent home and the next day she died from an undiagnosed venous thrombosis. She left behind her husband. The matter settled shortly after the start of the lawsuit for nearly all the available insurance proceeds.

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Diagnostic Imaging is a medical area that has been developing extremely fast and with it the number of radiological medical procedures has increased tremendously. However high level of radiation exposure from medical imaging may have possible harmful effect on patients.

To prevent medical malpractice, the Joint Commission just approved new and revised requirements for accredited hospitals, critical access hospitals, and ambulatory care organizations that provide diagnostic imaging services, including those ambulatory organizations that have achieved Advanced Diagnostic Imaging certification. These requirement address:

– Documenting CT radiation doses in patient’s clinical record – Meeting the needs of the pediatric population and considering patient size – Managing safety risks in MRI environment – Imaging equipment maintenance and oversight – Minimum competency for radiology technologists, including registration and certification

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Stephen%20Mackauf.pngOur Partner New York Medical Malpractice Attorney Stephen Mackauf was quoted extensively in the January Issue of Physician Risk Management. In the article “Causation: A problem for all in missed cancer cases” Stephen Mackauf explains that missed cancer claims typically revolve around factors such as:
– issues of fact, such as a patient claiming she reported a lump and the doctor says she didn’t – whether a patient’s refusal of a test or treatment was documented – whether a patient is able to prove significant harm caused by the delay in diagnosis

Causation%20A%20problem%20for%20all%20in%20missed%20cancer%20cases.png

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Failure to diagnose a brain tumor can have horrible consequences on the life of an individual. In a recent article in the Washington Post, Sandra G. Boodman writes about the dramatic story of Bebe Bahnsen, an outgoing and successful Washington newspaper reporter whose life was destroyed because doctors failed to diagnose a growing brain tumor that was pressing on her left frontal lobe, the portion of the brain responsible for speech, movement, emotional regulation and reasoning. Symptoms started with mild depression and as the tumor grew Bebe sustained a prolonged suicidal depression. Her social life and career were totally destroyed. For years she was hospitalized periodically, submitted to electroshock treatments, and prescribed numerous psychiatric drugs until finally a neurologist did the right thing. Dr Gawronski, now practicing in Baton Rouge, ordered an MRI and realized that a small benign brain tumor that had been previously diagnosed years before had reached the size of a lime and was the reason for her worsening mental illness.

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