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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Our partner, Ben Rubinowitz, will be representing the Medina family in their medical malpractice case against Montefiore Medical Center. On May 23, 2012, Yolanda Medina, 41 in an act of pure altruism, attempted to donate a kidney to her brother Roberto Medina, 39 as part of Montefiore Hospital’s voluntary Live Organ Donor Transplant Program. Roberto Medina has been on dialysis suffering from renal failure since early February.

During the voluntary Live Organ Donor Transplant Yolanda Medina bled to death as a result of her aorta being negligently severed during the organ harvesting surgery. Yolanda’s death ended any chance of using her kidney for this life saving procedure for her brother, Roberto. Mr. Rubinowitz stated; “This is a terrible tragedy. Out of the goodness of her heart and sheer kindness, one woman attempted to save her brothers life; unfortunately her kindness resulted in tragedy. It is our firm’s responsibility to the Medina family to provide them with the security that they deserve as a result of this horrific event.” The Montefiore Medical Center has recently suspended its live organ donor transplant program.

Roberto Medina has still not received a kidney. He awaits transplant surgery. The Montefiore Medical Center had scheduled another transplant for Roberto Medina on Thursday, June 7, but the surgery was abruptly canceled. Montefiore Medical Center officials had not obtained the proper federal approvals required to expedite a transplant. Mr. Rubinowitz, responded that, “The entire Medina Family is devastated. Roberto lost his sister. He was told they have a kidney for him. He gets his hopes up, only to be told he’s not going to have the surgery. You can’t imagine the disappointment that the entire family is experiencing right now. Why didn’t they tell him he would have to wait for a transplant? I believe the hospital was well intentioned in finding him a kidney, but the communication on their part was, simply put, horrible.” Four months after starting dialysis, Roberto Medina still does not have a kidney designated to him. “It is our hope that a kidney will become available before it is too late,” said Rubinowitz. “This family has suffered enough heartache. A young woman died as a result of medical negligence. She was an innocent victim of medical carelessness. At this time I hope a kidney can be found for this wonderful young man, Roberto Medina, before time runs out on him.”

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In December 2006, Krissy Myatt went to the emergency room at Poudre Valley Hospital in Fort Collins with an intense headache and “dangerously” high blood pressure. She had been receiving treatment for multiple sclerosis, including strong doses of steroids, which can cause high blood pressure.

The doctor misdiagnosed her brain bleed as a migraine, gave her pain medicine and sent her home. She woke up the next morning paralyzed. The hemorrhagic stroke she had suffered devastated her family and led to the largest jury-verdict award in Larimer County history: $3.9 million.

In patients with Hemorrhagic stroke (intrcerebral bleed) bleeding within the brain occurs leading to an elevation of intracranial pressure which if not relieved will lead to, as here, severe brain damage. In some cases brain herniation may occur leading to patient death. A sudden severe headache is a classic sign if an intracerabral bleed. The cause of the bleed is not given. The appropriate treatment depends on the specific cause. At the very least a CT Scan should have been taken which would have been diagnostic of the bleed. It is an emergent situation requiring a lowering of intracerebral pressure. Depending on the cause surgery may be required. In other cases an intraventricular peritoneal shunt may be needed to drain fluid from the brain.

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Our Partner Ben Rubinowitz will be a featured speaker at the Suffolk County Bar Association’s Program “THE TRIAL OF A MEDICAL MALPRACTICE CASE.” This 3 part program will be held on May 1, 8 and 16 from 6:00PM to 9:00PM. The program will be both live and by webcast. To view the calendar and to register click here.

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Ben B. Rubinowitz

Ben B. Rubinowitz
Gair Gair Conason
Steigman Mackauf
Bloom & Rubinowitz

Our Partner Ben Rubinowitz will be a featured speaker at the Suffolk County Bar Association‘s Program “THE TRIAL OF A MEDICAL MALPRACTICE CASE.” This is a three part program which will include trial demonstrations from top notch trial attorneys who have tried numerous medical malpractice cases. Mr. Rubinowitz, a member of the Prestigious Inner Circle of Advocates and a lawyer who has obtained multiple million dollar verdicts for his clients, will demonstrate the opening statement for the plaintiff. This part of the program will take place May 1, 2012. Joining Mr. Rubinowitz will be the Hon. Peter Mayer, William Spratt, Michael Colavecchio, and Michael Ronemus. The program will then continue on Tuesday May 8th and Wednesday May 16th 2012 and will feature Direct and cross examination of the Plaintiff’s expert as well as Direct and cross of the defendant doctor. The Hon. Jerry Garguilo, David Golomb, James Duffy, Bruce Brady, Clifford Bartlett, Kevin Fox and Doctor David Mayer will participate in this demonstration. The program will then continue on Wednesday, May 16th. The Jury Charge Conference and Closing Arguments will be conducted by Hon. Peter Mayer, John Bonina, William Spratt, Marvin Salenger, and Fred Johs. “I consider it an honor to be asked to speak at this program” said Mr. Rubinowitz. “It is always a treat to be joined by such eminent members of the Judiciary and such fine trial lawyers. This program is sure to produce some heated exchange and talented advocacy.”

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This medical malpractice trial commenced on April 4, 2012 in Penobscot County Superior Court, Maine. On April 12, 2012, the jury returned a verdict for $1,912,934 in damages against a physcian for overprescribing methadone. According to a story in the Bangor News the initial dose was 40mg. It was alleged that the plaintiff stopped breathing and thereafter experienced 20 to 30 minutes of slow, shallow breathing which caused brain damage that affected her ability to multitask and perform relatively simple jobs and tasks.

It is well known that Methadone may cause slowed breathing and irregular heartbeat, which may be life-threatening. Further, the risk that one will experience serious or life-threatening side effects of methadone is greatest when methadone is first prescribed. When first prescribing Methadone the lowest possible dosage sufficient to alleviate pain should be given. The usual dosage of oral Methadone for pain is 2.5 to 10 mg every 3 to 12 hours.

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This medical malpractice trial commenced on April 4, 2012 in Penobscot County Superior Court, Maine. The details are set forth in an article in The Bangor News. Although essential facts are not included in the article it appears that the defendant physician prescribed methadone for pain resulting from prolotherapy for the first time on August 26, 2006. Approximately 48 hours later the plaintiff stopped breathing and was revived by her fiance but allegedly suffered brain damage resulting in permanent injury. The dosage of Methadone given is not stated.

It is well known that Methadone may cause slowed breathing and irregular heartbeat, which may be life-threatening. Further, the risk that one will experience serious or life-threatening side effects of methadone is greatest when methadone is first prescribed. When first prescribing Methadone the lowest possible dosage sufficient to alleviate pain should be given. The usual dosage of oral Methadone for pain is 2.5 to 10 mg every 3 to 12 hours.

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Stephen Mackauf will serve as the Co-Chair for the American Conference Institute‘s 11th Annual Advanced Forum on Preventing, Managing and Defending Against Claims of Obstetric Malpractice held from June 27 to June 28 at the The Union League of Philadelphia. The event is the nation’s premier obstetric malpractice conference and covers the evolving standards of care, emerging theories of liability, and new defense strategies in the obstetric malpractice field. Luke M. Pittoni of Heidell, Pittoni, Murphy & Bach, LLP will be co-charing the conference.

The conference will bring together many experts in the field who will provide the most up-to-date information on complex medical issues and litigation hurdles, including:

  • Emerging standards of care, including the use of hypothermia
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Our partner Jeffery Bloom settled this complex and difficult liability New York Medical Malpractice case in New York Supreme Court, Nassau County following two mediations. The case arose as a result of the alleged negligent care by the defendant doctors’ of the plaintiffs’ daughter a then 10-year old girl. It was claimed that the defendants failed to timely diagnose and treat a benign brain tumor, a craniopharyngioma, for years, until the tumor grew to the size of a golf ball and invaded both optic nerves, hypothalamus, the anterior and posterior cerebral arteries, the carotid artery, and the third ventricle of her brain.

As a result it was alleged she suffered injury, including blindness, Unable to deal emotionally with her blindness and other medical issues, it was claimed she suffered from clinical depression.

The attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have years of experience representing patients who have been injured or have died as the result of medical malpractice.

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Jeffery Bloom will participate in The 2012 Issues In Neonatology Symposium sponsored by Winthrop-University Hospital to be held March 8, 2012 at the Garden City Hotel, 45 Seventh Street, Garden City New York. Jeffery will take part in;

The Mock Trial: A Case of necrotizing enterocolitis (NEC)

Moderator and Judge: Avroy A. Fanaroff, MD Defense Expert: Gilbert I. Martin, MD Plaintiff Expert: Jonathan M. Fanaroff, MD, JD Defense Attorney: Charles Bach Plaintiff Attorney: Jeffrey B. Bloom

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Our partner Stephen Mackauf will speak at the New York City Seminar, Medical Malpractice-2012. He will discuss Deposition and Trial Examination of the Defendant. This seminar is sponsored by The New York State Bar Association and is being held State wide. The New York City Seminar is scheduled for March 9, 2012 at New York Hotel Pennsylvania 401 Seventh Avenue (at 33rd St.). For more information and to register click here.