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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Failure to manage diabetes can be medical malpractice that can result in serious personal injury such as loss of a limb, an eye or a kidney. A new medical App that was just approved by the FDA may help improve monitoring patients with diabetes. The Dexcom Share Direct Secondary Displays system’s data-sharing capability allows caregivers to a person with diabetes to monitor that individual’s blood sugar levels remotely through a legally marketed device that is available on mobile devices.The patient wears a small sensor inserted under the skin that constantly monitors the patient’s glucose level. The sensor is linked to an app installed on the patient’s mobile device while another app is installed on the caregiver’s mobile device or another person’s mobile device with whom the patient wants to share the data.

Read the press release from the FDA here

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pregnant.jpgTo prescribe or recommend certain types of pain medicine to a pregnant woman can be medical malpractice that can result in miscarriage, birth defects or attention deficit hyperactivity disorder (ADHD).

The FDA looked at the most recent research studies published in the medical literature on this subject and found that three types of pain medicines used during pregnancy had the following potential health risks:

  • Non-steroidal anti-inflammatory drugs (NSAIDs) can lead to miscarriage during the first half of the pregnancy
  • Opioids taken during the first trimester of pregnancy can lead to birth defects of the brain, spine or spinal cord of the baby
  • Acetaminophen taken at anytime during the pregnancy increases the risk of having a child suffering from attention deficit hyperactivity disorder (ADHD)

Women who are in pain during their pregnancy should always talk to their doctor and carefully weight the risks and benefits before taking over the counter or prescription pain medicine.

The complete FDA Safety Announcement and more informations on the various studies can be found here

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The family of 19 year old Catherine Cando Cornejo is claiming that medical malpractice is at the origin of the death of the young beauty queen. The young woman decided to have an abdominal liposuction after she won a coupon for a surgery during a beauty pageant in Ecuador. According to the family, doctors had been pushing her at multiple occasions to undergo what seems to be an unnecessary surgery to loose one inch from her waist. The victim apparently died from cerebral edema according to autopsy results. Medical Malpractice in Ecuador is punishable with one to three years in jail.

Read more in the New York Post

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Nonprofit hospitals despicable practices of overcharging patients with no insurance and then using aggressive tactics to collect payments are being discouraged by new rules recently adopted by the Obama Administration. Under the new rules, patients with no insurance who are eligible for financial assistance can not be charged more than “the amounts generally billed” to people who have insurance through a government program or a private carrier. Additionally, hospitals must try to determine whether a patient is eligible for assistance before they start to use aggressive tactics to collect payment.

Read more in the New York Times

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cruise%20medical.jpgIn 2011, the family of 82 year old Pasqualre Vaglio from New York sued a cruise line for medical malpractice after the medical staff on board failed to diagnose a brain injury that would lead to the death of the man a few days later. Medical malpractice lawsuits against cruises have been for a long time impossible to win as cruise lines would use various exemptions created by previous court decisions. One of these exemptions known as “Barbetta” held in 1988 that passengers should not expect the same type of medical care on a ship as on land and ships’ doctors and nurses were private contractors beyond the cruise lines’ direct control. In the recent Vaglio case, a three-judge panel of the 11th U.S. Circuit Court of Appeals – which has jurisdiction over the major Florida-based cruise lines – recently held Barbetta is outdated law. The judges said that the doctors and nurses on the cruise line were wearing the cruise uniforms and were held out as ship employees in the promotional material of the cruise line. They also opined that cruise lines these days have sophisticated ICUs and laboratories. They can video conference with medical experts if necessary.

Read more in the New York Times

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To administer non sterile products intended for training to patients is medical malpractice that can have very dangerous consequences. Recently Wallcur, a company that sells medical products intended for training purposes only, received reports that some of its training Sodium Chloride IV Bags had been used outside of their intended use and administered to patients. These bags are not sterile and are for simulation purposes only. To prevent these products from being injected in humans or animals, the company recently issued a product recall and is intending to improve the labels before to continue the distribution of these products..

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Tubing misconnections are medical errors that can lead to severe personal injury or death.These errors often happen when a doctor or a nurse mistakenly connect tubes for different functions together, for example connecting a feeding tube to a tracheostomy tube. To avoid these type of errors, new ISO standards have been developed for tubing connectors. The objective of these new connectors is to make it impossible to connect tubes used for different functions. The first ISO connector standard has already been adopted and others will gradually be introduced and adopted throughout 2014 and 2015. During the transition phase however new risks of tubing misconnections will arise and the Joint Commission is urging hospitals and healthcare providers to take all necessary measures to prepare for the new standards by building awareness and communicate across their facility, prepare and train the staff, adopt the new connectors and measure the accomplished progress.

Download the Powerpoint presentation of the Joint Commission webinar

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medication%20error.jpgMedication error in psychiatric practice can be medical malpractice. In a recent study funded by the National Institute of Mental Health and funds from the Recovery Act, researchers found that patients between the age of 15 and 40 years old who suffered a first-episode psychosis were not prescribed a medication treatment complying with the recommended guidelines for their condition. According to the guidelines, patients with a first episode of psychosis should be treated differently than those with recurrent episodes.

Researchers are calling for more prescriber education after they studied 404 individuals suffering from an initial schizophrenia episode and found that 159 of them were not prescribed an appropriate treatment. Among these 159 people, 8.8 percent were prescribed higher-than-recommended doses of antipsychotics; 23.3 percent were prescribed more than one antipsychotic; 36.5 percent were prescribed an antipsychotic and an antidepressant without a clear need for the antidepressant; 10.1 percent were prescribed psychotropic medications without an antipsychotic medication; and 1.2 percent were prescribed stimulants. In addition, 32.1 percent were prescribed olanzapine, a medication not recommended for first-episode patients. Some of the 159 fell into multiple categories.

Read more in the press release of the National Institutes of Health

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Health%20tech.jpgDevice-related hazards can lead to medical malpractice. In its 2015 top 10 Health Technology hazards, ECRI Institute lists 10 safety topics deemed crucial for hospitals to address. Here is the list of the top 10 technology hazards;

1. Alarm hazard: inadequate alarm configuration policies and practice 2. Data integrity: incorrect or missing data in EHR’s and other Health IT Systems 3. Mix-Up of IV lines leading to misadministration of drugs and and solutions 4. Inadequate reprocessing of endoscopes and surgical instruments 5. Ventilator disconnections not caught because of mis-set or missed alarms 6. Patient-handling device use errors and device failures 7. “Dose Creep”: unnoticed variations in diagnostic radiation exposures 8. Robotic surgery: complications due to insufficient training 9. Cyber security: insufficient protections for medical devices and systems 10. Overwhelmed recall and safety-alert management program

In future blogs we will look at each of these medical technology hazards in detail.

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Jeff%20Bloom.jpgJeff Bloom, a partner at New York personal injury law firm Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, will be speaking at “Bridging the Gap”, a special CLE program for recent graduates and newly admitted attorneys put on by the New York State Bar Association.

This two-day program will be presented in New York City on December 10th and 11th and broadcast live to other locations, in Albany and Buffalo, in an interactive video conference format, allowing “real time” interaction between all locations. This program is approved for MCLE credit for newly admitted attorneys in all locations, regardless of format.

Jeff will speak on Wednesday December 11th at 2:55 pm and will provide an overview on how to handle a medical malpractice case. Since joining the firm in 1979, Jeff has carved out a reputation as one of the top medical malpractice and personal injury attorneys in New York. Known and respected by both the bench and bar as a fierce advocate on behalf of his clients, he has helped them successfully achieve numerous multi-million dollar recoveries.

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