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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We are proud to announce that for the ninth consecutive year our attorneys have been named to the New York Super Lawyers list. In 2014 ten of our lawyers were selected. These are: Ben B. Rubinowitz, Anthony H. Gair, Howard Hershenhorn, Jeffrey B. Bloom, Richard M. Steigman, Jerome I. Katz, Ernest R. Steigman, Stephen H. Mackauf, Seymour Boyers and Christopher L. Sallay. Peter J. Saghir was again selected to the Rising Stars list.

Our firm is located in Manhattan and handles all types of catastrophic personal injury and wrongful death cases from traffic accidents, construction accidents, medical malpractice to product liability in New York and New Jersey.

Since 1919, the firm has built is reputation as one of the top injury law firms in the United States by limiting its practice to a select group of serious and substantial tort cases so that extensive personal attention and meticulous trial preparation are afforded to each of our clients on all matters. The results speak for themselves as for the last 10 years our firm has obtained verdicts or settlements exceeding $1 million for more than 425 cases.

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A diagnosis delayed by a too long wait time in an emergency room can be medical malpractice and can be deadly. In Bedford-Stuyvesant, patients checking in at the ER of the Brooklyn Interfaith Hospital wait an average of 125 minutes before they can be seen by a doctor. The hospital recently added more staff but it has financial struggles. Most of its ER patients are uninsured.

The Brooklyn Hospital has the worst ER waiting time in New York State and 4 times the national average according to an article in the New York Daily News.

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Recently more and more hospital patients have been receiving bills with hefty charges from unexpected out of network doctors or other medical service providers such as labs or Radiologists. Services that used to be included in the daily hospital rate now comes as additional costs because they are provided by out of network contractors. Many emergency rooms, for example, are now staffed by out-of-network doctors who bill separately.

Out-of-network doctor charges are not negotiable and can reach phenomenal amounts. For example a patient requiring a skin graft would pay $1,781 to an in-network doctor while an out-of-network doctor would potentially charge $150,500. In a recent article in the New York Times, Elisabeth Rosenthal exposes this practice.

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A wheelchair-bound resident of a Long Island nursing home suffered serious personal injury after a nurse committed a medical error and injected him with morphine instead of a prescribed muscle relaxant and then attempted to cover up her error by falsifying documents. The nursing home resident overdosed and had to be admitted to a hospital where Narcan, a medication to counter the effects of an opiate overdose was administered. The nurse, Vicki Price, was charged recently with one count of endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person, in the second degree, a class E felony; one count of endangering the welfare of an incompetent or physically disabled person, a class A misdemeanor; one count of willful violation of the public health laws, an unclassified misdemeanor; and two counts of falsifying business records in the first degree, a class E felony. She faces up to 1 1/3 to 4 years in prison if convicted.

Read more in the Press Release

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US%20ARMY%20MEDICAL.jpgSharon LaFraniere and Andrew W. Lerhen from the New York Times continue to investigate Medical Malpractice in military hospitals. The two reporters who last June provided an in-depth analysis of the flaws of the military hospital system (see “In Military Care, a Pattern of Errors but Not Scrutiny” ) recently published a new article focusing on the high risk of medical malpractice in small military hospitals. Military hospitals with a turnover of 10 to 30 patients a day are often staffed with inexperienced doctors and nurses who are not busy enough to keep their skills sharp. Most of them are poorly managed and run by untrained and inexperienced physicians with a culture of complacency that threatens patients safety.
Most of these small military hospitals are being considered for closing or transforming into outpatient facilities by the Pentagon as part of its plan to scale back costs but political obstacles are preventing streamlining the system.

Read the complete article here

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Potential medical malpractice during a routine procedure for her vocal cords may have lead to the death of Joan Rivers earlier Today. A few days ago we wrote that the 81 year old comedian and TV personality had to be rushed to Mount Sinai Hospital in New York after she stopped breathing during vocal cord surgery (see previous blog). After doctors at Mount Sinai tried unsuccessfully to bring her out of her coma, her daughter Melissa gave the go-ahead to remove her mother from life support Today. RIP Joan Rivers. New York state health officials are investigating the outpatient clinic where Joan Rivers underwent the endoscopic procedure before she stopped breathing last week. It will be interesting to learn the role anesthesia played in leading to her respiratory distress and cardiac arrest. She was a ground breaker and will be missed.
Read more in the Daily Beast

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tubing%20misconnections.jpgTubing misconnection error is medical malpractice mostly caused by nursing or hospital negligence that can result in severe personal injury or death of the patient. Misconnections errors have a high risk to happen not only because most patients checking into a hospital are likely to receive at least an IV but also because tubes with different functions can too easily be connected together. Gardiner Harris from the New York Times raised the alarm on this problem in 2010 in the article “U.S. Inaction Lets Look-Alike Tubes Kill Patients”.

To address this issue and prevent these types of medical errors, tubing connector standards have recently been developed through a collaboration of the International Organization for Standardization (ISO), the Association for the Advancement of Medical Instrumentation (AAMI), clinicians, manufacturers and regulators, including the U.S. Food and Drug Administration (FDA).

New connectors are going to start to reach the market during the fourth quarter of 2014 and the transition phase is expected to continue through 2015.

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Post-partum hemorraging is the medical term for excessive bleeding after childbirth. It is the leading cause of maternal mortality in the world and accounts for 30% of deaths in Africa and Asia.

Mikail Kalam from Brooklyn, a 25 year old medical student at Touro College of Osteopathic Medicine in Harlem , New York, and his research team discovered that a condom filled with saline can put pressure on the uterus and reduce or stop the bleeding until the woman is transferred to a hospital. This could be a life saver for millions of women in poor countries including Bangladesh where Mikail is from and where 70% of women give birth at home assisted by midwives.

Tampostat.jpgThe device called tampostat, costs only $1.50 to produce. It allows the condom to be securely introduced into the uterus and filled with an amount of saline appropriate to the size of the uterus.

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In 2012 there were more than 100 open lawsuits against the hospital including a dozen alleging patients died due to medical malpractice or negligence. The hospital has financial problems and struggles to stay open. The latest report from the federal Labor Department indicates that some employees have been the victims of extremely violent attacks by patients. A 70 year old nurse required brain surgery after a patient repeatedly stomped on her head while beating her and a staffer was punched in the back by a patient. OSHA fined the hospital $78K and recommended the installation of panick buttons and alarm systems at workstations as well as video systems.
Read the complete OSHA News Relase
Read the article in the NY Daily News

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Liliana Coello a phony doctor from Queens, NYC, pleaded guilty of unlawfully practicing medicine and seriously injuring a patient. She was sentenced to two years in jail. Coello gave a botched butt lift to a patient and injected her buttocks with Krazy Glue in a follow up visit. The patient suffered a very bad infection and had to be hospitalized 3 times.

This is not the first time Coello is being sent to jail for a botched butt lift. In 2012 the phony doctor got paid $3200 for surgery on the derriere of a Brooklyn night club worker during which she injected the woman with clear gel.

Read more in the NY Daily News