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 Tagged with medical malpractice

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top-10-patient-safety-concern-ECRIAs medical malpractice attorneys representing patients across New York, We’ve witnessed the serious harm that can result when patients rely on false or misleading medical information.. Today, the widespread and viral nature of medical misinformation is not just a public health issue—it is a patient safety crisis.

According to the 2025 ECRI Top 10 Patient Safety Concerns report, one of the most urgent dangers in healthcare today is the “Wide Availability and Viral Spread of Medical Misinformation.” False or misleading health claims are being shared online faster than ever before—often outpacing efforts to stop them. Research has shown that false health claims are 70% more likely to be shared on platforms like X (formerly Twitter), and can spread up to six times faster than accurate information.

This viral spread of misinformation leads to real-world consequences:

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AI in Healthcare is a major safety concernAs experienced New York medical malpractice attorneys, we closely monitor developments that could affect patient safety. One of the most pressing issues in 2025 is the insufficient governance of artificial intelligence (AI) in healthcare—ranked #2 on ECRI’s list of the Top 10 Patient Safety Concerns. While AI technologies have the potential to improve outcomes and streamline care, their unregulated use poses serious risks to patients across hospitals, surgical centers, and outpatient clinics throughout New York.

The Promise and the Peril of AI in Medicine

AI is increasingly integrated into healthcare: from interpreting radiology scans and generating clinical notes to assisting in diagnosis and patient scheduling. While these tools offer undeniable advantages—including increased efficiency, reduced clinician burnout, and improved decision-making—they also introduce new types of risk. AI models can be biased, opaque, and difficult to audit. And when AI makes mistakes, the consequences can be devastating.

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NYC medical malpractice lawyers Ben Rubinowitz, Jeffrey BloomWe are pleased to announce that our partners Ben B. Rubinowitz and  Jeffrey B. Bloom will speak at the New York State Judicial Institute’s 2025 Medicine for Judges Seminar. This two-day event is scheduled for March 4th and 5th, 2025.

On March 5th, both Mr. Rubinowitz and Mr. Bloom will share their extensive expertise in medical malpractice and personal injury law during the following sessions:

10:30 am–11:45 am (later start time due to Ash Wednesday) Common and Not So Common Scenarios That Give Rise to Difficult Issues in Medical Malpractice and Personal Injury Cases This session explores various typical and atypical scenarios in which complex legal challenges can arise in the realm of medical malpractice and personal injury law.

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Surgeons_at_Work
Informed consent is a cornerstone of ethical medical practice. It ensures that patients have a clear understanding of the risks, benefits, and alternatives of a proposed treatment or procedure before agreeing to it. However, when a healthcare provider fails to secure informed consent, patients may suffer harm due to decisions made without full knowledge of the potential outcomes. In such cases, patients may have grounds to file a medical malpractice lawsuit.

What Is Informed Consent?

Informed consent means that your doctor must provide you with all necessary information about a medical treatment or procedure so you can make an educated decision about whether to proceed. This includes:

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Patients are at risk of technology hazardsAs experienced medical malpractice attorneys, we often witness the devastating consequences of preventable harm caused by healthcare technology failures. ECRI’s latest report on the Top 10 Health Technology Hazards for 2025 highlights critical risks in medical settings, offering actionable recommendations to minimize these hazards. Here, we explore key insights from the report and emphasize the importance of a Total Systems Approach to Safety (TSS) to protect patients and healthcare providers alike.

Understanding the Total Systems Approach to Safety

ECRI’s Total Systems Approach to Safety aims to redesign healthcare safety systems by integrating advanced safety science, human factors engineering, and health equity. This proactive framework prioritizes leadership alignment, workforce wellness, and patient engagement to reduce errors and preventable harm. For attorneys representing patients harmed by medical errors, the adoption of such systems could signal a commitment to safer practices, potentially mitigating legal risks for healthcare providers.

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Ben-Article-Ben Rubinowitz, our managing partner, has long been recognized as one of New York’s top trial attorneys. Recently, he was featured in an article titled “Ben Rubinowitz and the Art of Argument” by Claude Solnik, which explores his unparalleled skill in simplifying complex cases and achieving justice for his clients.

Rubinowitz’s career is defined by record-breaking verdicts and a dedication to ensuring his clients receive not only compensation but systemic change when needed. Among his most notable cases is “Lee v. Westchester Medical Center”, where a misdiagnosed stroke led to a $120 million verdict. His argument boiled down to three impactful words: “Time is brain.” Rubinowitz emphasized how delays in treatment caused irreversible brain damage, leveraging his ability to focus jurors’ attention on the hospital’s negligence.

A Legacy of Record Verdicts

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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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Assembly Member Rodneyse Bichotte Hermelyn fights for better maternal careAssembly Member Rodneyse Bichotte Hermelyn was recently interviewed by  New York Family. Her advocacy and personal experiences shine a critical light on Maternal Health issues. As birth injury and maternal death attorneys dedicated to the protection and advancement of maternal health rights, we find Rodneyse’s story not only compelling but also deeply instructive.

Rodneyse Bichotte Hermelyn, serving as the Assemblywoman for New York State’s 42nd Assembly District and the Brooklyn Democratic Chair, has positioned herself at the forefront of the fight against the maternal health crisis affecting minorities. Her efforts are underscored by a painful personal narrative—a pre-term pregnancy loss that highlighted the stark deficiencies in maternal healthcare and communication. This experience catalyzed her commitment to improving maternal healthcare through legislative action, culminating in the enactment of the “Jonah Bichotte Cowan Law.”

Legal Implications and the Role of Attorneys

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Patients have higher risks in hospitals acquired by private equityA recent investigation published in JAMA has sparked serious concerns within the healthcare community, especially among those of us in the field of medical malpractice law. This study reveals that patients are significantly more likely to experience adverse events, such as infections or falls, in hospitals owned by private equity (PE) firms.

Increased Risks for Patients

The study highlights a 25% increase in hospital-acquired conditions among Medicare beneficiaries admitted to PE hospitals. Patients have a nearly  38% increased chance of experiencing a central line infection and a 27% higher likelihood of falls in PE-backed hospitals compared to control facilities.

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cyber attack can arm patientsEvery year the ECRI Institute publishes a list of the most serious issues threatening patients and health workers safety.  The 2023 report recently came out and here is a summary of the top 10 patients safety concerns for 2023:

  1. The Pediatric Mental Health Crisis

    The COVID-19 pandemic has highly impacted children’s mental health issues, with girls more likely to be diagnosed with anxiety and depression and boys with attention deficit disorders. Additionally, the CDC recorded a significant increase in emergency room visits for suspected suicide attempts by 12- to 17-year-olds in 2020 and 2021 compared to 2019. Unfortunately, it is estimated that only 40% of children suffering from depression receive treatment.

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