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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Nurse understaffing by negligent hospitals can lead to medical malpractice that affect patients outcome. A recent study compared the 30 day mortality rate of more than 400,000 patients over 50 years old who underwent surgery in 300 hospitals in 9 different European countries to nurse staffing and nurse education for each hospital.

The study found that an increase in a nurses’ workload by one patient increased the likelihood of an inpatient dying within 30 days of admission by 7% , and every 10% increase in bachelor’s degree nurses was associated with a decrease in this likelihood by 7%. These associations imply that patients in hospitals in which 60% of nurses had bachelor’s degrees and nurses cared for an average of six patients would have almost 30% lower mortality than patients in hospitals in which only 30% of nurses had bachelor’s degrees and nurses cared for an average of eight patients.

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A recent study analyzed 147 medical malpractice claims related to Electronic Health Record (EHR) issues and identified that incorrect data entry in the EHR, inconsistency between paper and electronic records as well as system failures were contributing factors in close to 60% of the analyzed claims.

The study was released by CRICO, a patient safety and medical malpractice insurer for the Harvard medical community that includes more than 12,000 physicians, 22 hospitals, and 100,000-plus nurses, technicians, and other employees of Harvard-affiliated organizations. Over 30 years CRICO has built a large comparative database and developed specific tools to analyze medical malpractice claims and identified specific vulnerabilities that need to be addressed by hospitasl and physicians to better protect patients from medical errors.

Recently CRICO analyzed a year’s worth of medical malpractice claims and found that 147 were related to Electronic Health Record problems. Half of these incidents of malpractice resulted in in severe personal injury for the patient. The 147 claims cost a total of $61 million in direct payments and legal expenses.

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Cover_MedMysteries0225%281%29.jpgOften doctors fail to diagnose common variable immune deficiency (CVID). It takes an average of 6 years for patients to receive a correct CVID diagnosis because it is a rare form of immune deficiency that mimics other diseases and causes a variety of disparate ailments. In a recent article in the Washington Post, Sandra G. Boodman describes the case of a woman who was submitted to numerous tests before being properly diagnosed with CVID. The woman’s oldest brother who is also a physician was diagnosed earlier with the same disorder and she kept telling the doctors and nurses about it but no one listened to her. Finally she was able to arrange a phone call between her brother and her hematologist. The hematologist listened to the brother because he was a doctor and then things started to move in the right direction. She started to receive infusions, the only way to treat CVID and the platelet count started to increase. After a few months she was in remission. She then saw two specialists who confirmed she had CVID a condition that so far has no cure and requires painful monthly infusions.

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Stephen%20Mackauf.pngOur partner, New York Medical Malpractice Lawyer Stephen Mackauf will be speaking at the New York City Session of the New York State Bar Association CLE program “Medical Malpractice Litigation: Technique, Strategy and Procedure” on Friday, March 28, 2014.

Lawyers new to medical malpractice litigation seeking to expand their practice as well as experienced lawyers looking to hone their trial skills are welcome to attend this seminar.

Topics include:

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Because medical needs of long term care patients are often being neglected when they transition from a long term stay in a nursing home to a home and community based services program, they are at a greater risk of hospitalization than those with similar conditions who choose to stay in a nursing home.

A recent study published in the Journal of the American Geriatrics Society (J Am Geriatr Soc 62:71–78, 2014.) and led by Andrea Wysocki, PhD, Center for Gerontology and Healthcare Research, Brown University, Providence, Rhode Island compares hospitalizations of dually eligible older adults who had an extended Medicaid nursing home (NH) stay and transitioned out to receive Medicaid home- and community-based services (HCBS) with hospitalizations of those who remained in the nursing home.

Home and Community based services programs for patients with long term care (LTC) needs have been very in demand recently not only because patients prefer to be in a home and community setting rather than in an institutional setting but also because the per-person costs are usually lower for HCBS than for nursing homes.

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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.

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

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