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 Surgical Errors & Complications

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2025 year in review for the NYC personal injury law firm of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & MackaufThe 2025 Year in Review documents another extraordinary year for the NYC personal injury law firm of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, marked by record-setting verdicts, precedent-shaping settlements, and litigation that advanced safety and accountability across New York.

Throughout 2025, the firm secured results in cases involving catastrophic injury, wrongful death, medical malpractice, construction accidents, transportation disasters, premises liability, and sexual abuse, many of which rank among the most significant outcomes in New York State history.

Record-Setting and Notable 2025 Results

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St John's episcopal hospital has a D ratingSt. John’s Episcopal Hospital in Far Rockaway recently received a “D” rating from the Leapfrog Group, a nationally recognized nonprofit that evaluates hospital safety using objective, data-driven measures. Leapfrog safety grades focus on preventable medical harm—including infections, staffing, surgical safety, and outcomes—not bedside manner or community reputation.

This article is part of a broader series examining every New York City hospital rated by the Hospital Safety Grade program of The Leapfrog Group—not only top-rated institutions, but also those receiving failing grades. Drawing on the experience of our NYC medical malpractice lawyers, the goal is to help patients and families understand what these grades mean in real-world terms and how hospital safety data can affect clinical outcomes.

While St. John’s performs well in several important areas, the Leapfrog data reveals systemic safety gaps that likely contributed to its low overall grade. For patients and families, understanding these risks is critical.

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From our New York medical malpractice lawyers

When the Leapfrog Group released its Fall 2025 Hospital Safety Grades on November 13, 2025, New York patients were given a stark reminder of how uneven hospital safety can be across the state. Out of 143 New York hospitals, only 33 earned an “A”, while 16 received a “D” and 2 were given a failing “F” grade.

A grade hospital NY

For patients and families who have  suffered serious harm in a hospital, these grades are not just abstract numbers – they can be powerful evidence of broader patient safety problems and systemic negligence.

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visual for a podcast on Medical Malpractice Lawyer Marijo Adimey on her recent $60 million verdictMedical malpractice trials are often cast as “battles of the experts.” But in this case, Marijo C. Adimey, partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, showed that the most powerful evidence isn’t just expert testimony—it’s the story jurors can see for themselves.

Through complex imaging, careful cross-examination, and relentless preparation, Adimey proved that “the treating doctor’s note in the patient’s chart cannot be right,” leading a Nassau County jury to return a record-setting $60 million verdict in favor of her client.

Inside the Trial with Gennady Volz and Marijo C. Adimey

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Patients are at risk of technology hazardsOur Medical Malpractice Lawyers Explain How Data Breaches and Cyberattacks Are Endangering Patient Care in 2025

The landscape of healthcare risk continues to evolve, and in 2025, cybersecurity breaches have become one of the most pressing patient safety concerns. According to the most recent patient safety rankings, cybersecurity now ranks among the top threats to quality care in hospitals and healthcare systems across the United States.

As New York medical malpractice lawyers, we are seeing firsthand how data security failures can lead to devastating outcomes for patients and potential liability for healthcare providers.

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Yesterday, our partner Christopher Donadio and his client Jose Marrero were featured on The Rush Hour on NY1 and interviewed by Annika Pergament. The segment highlighted the urgent need for the Grieving Families Act (GFA) and the devastating personal impact of New York’s outdated wrongful death laws. Jose Marrero shared his tragic story of losing his wife during a routine procedure at Maimonides Medical Center, underscoring the emotional toll on families who are left without fair recourse under current legislation.

The Grieving Families Act (GFA) aims to rectify one of the most longstanding injustices in New York law—the denial of wrongful death restitution for grief and emotional suffering. Under the current system, compensation is limited to the lost income of the deceased and any pain and suffering prior to death. This outdated approach often leaves families of children, stay-at-home parents, and elderly individuals without any restitution, perpetuating systemic inequities.

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percentage of adverse events for patients undergoing surgeryRecent findings published in the British Medical Journal (BMJ) have revealed alarming statistics about the safety of surgical care in hospitals. This extensive study, conducted across 11 U.S. hospitals, highlights the urgent need for improved safety measures to prevent adverse events during surgery. As medical malpractice attorneys, we understand the devastating impact such errors can have on patients and their families, especially when these adverse events are preventable.

Key Findings: Nearly 40% of Surgical Patients Experience Adverse Events

According to the study, adverse events were identified in 38% of patients admitted for surgery. Even more concerning, nearly 16% of these patients suffered major adverse events that resulted in significant harm, prolonged recovery, or even death. The study used a comprehensive review of medical records to assess over 1,000 patients, highlighting the severity and preventability of these adverse incidents.

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Postoperative_X-ray_of_normal_knee_prosthesis,_lateral_viewAn investigation presented at the American Academy of Orthopaedic Surgeons meeting in February 2024, delivers a compelling narrative on the comparative outcomes of robotic-assisted knee replacement surgeries versus the conventional approach. As surgical malpractice attorneys entrenched in the intersection of medical innovation and patient outcomes, this study serves as a crucial touchstone for understanding the potential implications on patient care and legal practice.

At the heart of the discussion is the study’s revelation: robotic assistance in cementless total knee replacement surgeries does not significantly decrease the likelihood of patients requiring revision surgery within two years when compared to manual methods. This conclusion draws attention not only for its clinical implications but also for its potential to reshape perceptions of medical negligence in the context of emerging surgical technologies.

The research analyzed 9,220 cementless total knee arthroplasty (TKA) procedures recorded in the American Joint Replacement Registry from January 2017 to March 2020. The finding that both robotic-assisted and manual knee replacements had similar rates of implant loosening and infection challenges the narrative that robotic assistance inherently enhances surgical precision and patient outcomes.

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The off-label use of Acellular Dermal Matrix (ADM) products in implant-based breast reconstruction can result in post surgical complications and problems for patients up to two years after the surgery according to a recent analysis by the FDA.

Off-label use not approved by FDA

Accellular Dermal Matrix is a type of surgical mesh that is developed from human or animal skin.  It has been approved by the FDA for specific use such as hernia surgery and more recently many surgeons specializing in breast reconstruction after a mastectomy have been using the product off-label.  The off-label use of ADM for breast reconstruction has never been approved by the FDA and a recent analysis found that some patients suffered complications up to two years after the surgery.