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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Approximately half of the patients returning to the ER after being discharged will be rehospitalized. Congestive heart failure, is the primary diagnosis for return emergency department visits with subsequent discharge and subsequent readmission in 30 days. Frequent diagnosis for return to the ER and re-admission include problems with a device, sickle cell anemia and abdominal pain.

“Hospital readmissions within 30 days of inpatient discharge are frequent and costly,” according to Kristin Rising, MD, a fellow in the Center for Emergency Care Policy & Research in the department of Emergency Medicine in Penn’s Perelman School of Medicine who is the lead author, of “Emergency Department Visits After Hospital Discharge: A Missing Part of the Equation” a new study published in the Annals of Emergency Medicine.

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BR.jpgOur Partner, Ben Rubinowitz will chair the New York State Trial Lawyers Association Seminar Successful Examination of Expert Witnesses 2013 to be held on April 23, 2013, 6:00 PM – 9:00 PM. The Seminar will be held at NYSTLA, 132 Nassau Street, 2nd Floor, New York, NY 10038. Attendees will receive 3 CLE Credits in Skills. The Seminar will cover:

– Direct and Cross of an Orthopedist, Direct of a Radiologist, Cross Examination of the “Independent Medical Examiner”, Direct and Cross of an expert in a Medical Malpractice case,the effective use of Exhibits, How to deal with problem areas including the pre-existing injury, the professional testifier, the non-responsive expert witness, use of authoritative texts and the hypothetical question.

For more information and to register click here.

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In 2009, 21% of elderly enrollees in Medicare Advanatge received at least one high risk medication and 4.8% received at least two according to a redent study published in the Journal of Internal Medicine by Danya Qato, a pharmacist and doctoral candidate in health services research at Brown and Dr. Amal Trivedi, assistant professor of health services, policy and practice at Brown and a hospitalist at the Providence VA Medical Center

The study shows that the risk is much higher among residents of the South, women and people living in poor areas. The map below shows the percentage of seniors who received one or more high-risk medications in 2009 by region
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Credit: Danya Qato/Brown University

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For patients with end-stage liver disease, transplantation is the only treatment option to extend life, however because of the short supply of donated liver, candidate selection for liver transplantation presents challenging ethical issues that require balancing the principles of justice and utility.

A recent anonymous study among U.S. transplant providers shows that chances to get a transplant are limited for candidates with history of alcohol and marijuana abuse, HIV status, obesity, psychiatric diagnoses, advanced age or for those who are incarcerated.

National survey of provider opinions on controversial characteristics of liver transplant candidates“, by Katharine Secunda, Elisa J. Gordon, Min W. Sohn, Laura A. Shinkunas, Lauris C. Kaldjian, Michael D. VoigtJosh Levitsky is published in the April issue of Liver Transplantation, a journal of the American Association for the Study of Liver Diseases and the International Liver Transplantation Society.

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In “Beyond Mammography: New Frontiers in Breast Cancer Screening”, American Journal of Medicine, Jennifer S. Drukteinis, MD (Moffitt Cancer Center), Blaise P. Mooney, MD, Chris I. Flowers, MBBS, Robert A. Gatenby, MD, look at a personalized approach to breast cancer screening using new technologies such as low-dose mammography, contrast-enhanced mammography, tomosynthesis, automated whole breast ultrasound, molecular imaging, and magnetic resonance imaging. The study says this approach may lead to a better detection of breast cancer both in the general population and in high-risk groups, such as women with dense breasts.

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Failure to Diagnose Compartment Syndrome may be medical malpractice.Compartment Syndrome occurs when the pressure within a closed anatomic space (a compartment) becomes so elevated that capillary perfusion is compromised. Any closed anatomic space including the abdominal cavity is at risk of developing a compartment syndrome. Compartment syndrome is a surgical emergency. Surgical decompression by fasciotomy must be performed within eight hours of onset or permanent neuromuscluar damage may result. Failure to properly treat will cause necrosis of the nerves and the muscles in the affected compartment since the increased intracompartmental pressure leads to ischemia and thus loss of blood supply to the nerves and muscles within the compartment. Further complications include Rhabdomyolysis which may lead to renal failure,loss of limb and sometimes death.

The following video from Dr Nabil Ebraheim, Professor and Chair of Orthopedic Surgery at The University of Toledo, explains with great detail:

– What is Compartment Syndrome?

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In “The Receding Tide of Medical Malpractice Litigation” Professor David A. Hyman University of Illinois, School of Law and School of Medicine, Professor Bernard Black Northwestern University, Law School and Kellogg School of Management, and Myungho Paik Northwestern University, School of Law look over 20 years of national trends in Medical Malpractice Llitigation in cap and non cap states.

The study shows a substantial decline of Medical Malpractice Litigation nationally both in cap and non cap states. The aggregate payout by physicians represents now 0.1% of health care spending. The dollars directly at stake in med mal reform are small and the introduction of a national cap would only bring negligible savings.

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Source: “Receding Tide of Medical Malpractice Litigation”, Northwestern University Law School Law and Economics Research Paper No. 12-18, University of Illinois Program in Law, Behavior and Social Science Research Paper No. LE12-13

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Jeff-Bloom-thumbTomorrow, March 27th, our partner Jeff Bloom will speak at the Emergency Risk Conference at Mount Sinai School of Medicine. The conference will take place at the Mount Sinai Hatch Auditorium, 1450 Madison Avenue, New York, N.Y. Mr. Bloom will present “Analysis of a court case”.

Below is the program for the Conference:

8:30 – 9:00 Breakfast

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A recent study on safety in hospitals conducted by Consumer Reports shows that hospitals are not a safe place to be.

For this study Consumer Reports magazine ranked more than 2000 hospitals based on the following criteria:

-Infections aquired in hospitals
-likelyhood to be re-admitted in 30 days
-communication issues around drugs and discharge
-likelyhood to get too many CT scans
-likelyhood of complications

Dr John Santa, director of Consumer Reports’ Health Ratings Center, was recently on “CBS This Morning” (see video below) to express his concerns.

In the New York area, out of 70 hospitals studied, 58 hospitals rank below the national average when it comes to safety.

Among these hospitals 27 out of the 28 teaching hospitals are scoring below average with some of them among the worst of the nation. The only teaching hospital in the New York region that scores above average is the the Winthrop Hospital in Mineola, NY with a safety score of 58 out of 100.

Teaching hospitals are supposed to lead by example as they are training the future doctors of our nation. It is an alarming fact that most teaching hospitals in the New York area are actually the most unsafe in the country.

In the New York area, the worst teaching hospitals when it comes to safety are the Kings County Hospital Center in Brooklyn, N.Y. with 22 points, the Bronx-Lebanon Hospital Center Health Care System in the Bronx, N.Y. with 25 points, the Westchester Medical Center in Valhalla, N.Y. with 28 points, Harlem Hospital Center in New York City with 28 points and the Jacobi Medical Center in the Bronx, N.Y. with 29 points.
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Stephen-Mackauf-thumbOur partner Stephen Mackauf and John E. Hall Jr. from Hall Booth Smith, P.C. will co chair the 12th Annual Advanced Forum of the American Conference Institute on Obstetric Malpractice Claims on June 26th-27 2013 in Philadelphia.

This two day forum is the nation’s foremost gathering of medical experts, insurance professionals, risk managers, leading plaintiff’s and defense lawyers in the field of Obstetric Malpractice. Participants will be able to attend highly specialized workshops and presentations covering the following subjects:

  • The state of obstetric malpractice