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 lawyer

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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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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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NYC Personal Injury Attorney Rachel JacobshlawcouncilWe are proud to announce that our partner, Rachel Jacobs, will be a featured panelist at her undergraduate alma mater, Binghamton University’s Women in the Law event. This event, hosted by the Harpur Law Council, brings together distinguished female attorneys to discuss their careers, challenges, and the evolving landscape for women in the legal profession.

Date: Wednesday, Oct. 9

Cost: Free

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webinar on Ben's medical malpractice verdict of $120 million
NYSTLI Dean Anthony Pirrotti, Jr., Esq., will be hosting a Discussion with our managing partner and celebrated Trial Attorney Ben Rubinowitz, Esq.; Trial Judge Paul. I. Marx; and Defense Attorney Alfred Vigorito, Esq. next Monday May 20, 2024 from 5:00 to 7:00 PM ET.

Ben and our law firm handled a complex Stroke case  involving a 41-year-old individual who was employed, married, and had children. Due to alleged malpractice, he ended up in a nursing home, unable to care for himself or his family. We will discuss the development of this malpractice case, including medical and defense aspects, discovery, depositions, and Motions in Limine. We will emphasize the significance of pleadings and expert responses for both the plaintiff and defendant and how these issues influenced the trial.

Topics include jury selection, binding statements and omissions during jury selection and openings, cross-examination of plaintiff and defendant witnesses, dismissal of a third-party defendant, the potential repercussions of aggressively attacking a witness, leveraging the defendant doctor as an expert, and the introduction of newly asserted cross-claims at trial. Additionally, we will explore the understanding of 50-A and 50-B statutes, the concept of “Loss of Chance,” the valuation of loss of consortium claims, directed verdicts against a defendant, and the strategy of defendants pointing fingers at each other.

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Ben to lecture on Medmal in Long Island NYOur managing partner, Ben Rubinowitz, will be sharing his unparalleled expertise at the upcoming Long Island Radiological Society Lecture Series on May 14th,  Ben will deliver a compelling presentation titled “How to Avoid Medical Malpractice & What to Do if You are Named in a Lawsuit,” aimed at equipping medical professionals with essential knowledge to navigate the complexities of medical malpractice claims.

About Ben Rubinowitz

Ben Rubinowitz has distinguished himself as a leading trial lawyer over an impressive 30-year career. His journey in law began as a prosecutor, a role that honed his formidable courtroom skills. Since joining Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf in 1989, Ben has specialized in representing severely injured plaintiffs in personal injury cases. His dedication and skill have not only resulted in numerous accolades, including being named Best Lawyers “Lawyer Of The Year” six times, but also reflect his commitment to his clients.

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Medical Malpractice Lawyer Ben RubinowitzWe are pleased to announce that Ben Rubinowitz, our managing partner and a distinguished trial lawyer with expertise in medical malpractice litigation, will be a featured speaker at the American Urologic Association National Meeting. This pivotal event is currently underway and will conclude on May 6th. Ben is scheduled to present on Sunday, May 5, 2024. His session, titled “MEDICAL MALPRACTICE: How to Protect Yourself and What to Do If You Are Named In A Lawsuit,” is indispensable for any medical professional seeking to navigate the complexities of medical malpractice law.

With more than three decades of legal experience, Ben has earned a formidable reputation as one of the top attorneys in America. He has been honored multiple times with the “Lawyer of the Year” award by Best Lawyers and is consistently ranked among the top ten lawyers in the New York Metro area by New York Super Lawyers. His career is marked by a commitment to those in critical need, securing numerous multimillion-dollar verdicts and settlements in intricate personal injury and medical malpractice cases.

One of his notable achievements includes a landmark $120 million verdict in a medical malpractice case against Westchester Medical Center. This case centered around the negligent handling of William Lee, a 41-year-old stroke patient, who suffered irreversible brain damage due to delayed medical response by the attending team. This verdict underscored the crucial importance of experienced and timely care in medical emergencies.

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TMJ DisorderThe recent investigative piece by KFF Health News and CBS News on the daunting realities faced by patients with temporomandibular joint (TMJ) disorders sheds light on a deeply troubling aspect of healthcare. The narrative, meticulously detailed through the experiences of patients like Lisa Schmidt and Jenny Feldman, echoes a recurring theme of misdiagnosis, ineffective treatments, and, most distressingly, a lack of accountability in the medical community. As medical malpractice attorneys, we see these stories not just as tragic accounts of individual suffering but as symptomatic of systemic failures in medical research, regulation, and treatment protocols.

The TMJ disorders, affecting up to 33 million Americans, exemplify a medical condition that has been marginalized and insufficiently researched. The journey of patients like Feldman, who has undergone at least 24 TMJ-related surgeries with little to no relief, underscores the dire need for a paradigm shift in how the medical community approaches TMJ. The investigation rightly points out that despite nearly a century of attempts to treat TMJ, the disorder remains widely misunderstood, and treatments often do more harm than good.

Patients trapped in a cycle of futile surgeries highlight a critical area of concern: the ethical responsibility of healthcare providers

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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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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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NYC Medical Malpractice attorney Marijo Adimey ran the marathon and raised fund for the American Cancer Society
In every race, each step can tell a story of perseverance, hope, and dedication. For Marijo “MJ” Adimey, a partner at our Personal Injury Law Firm, the NYC Marathon wasn’t just a 26.2-mile challenge—it was a mission to make strides against cancer.

We are thrilled to announce that MJ has been honored with the Top Individual Fundraiser Award for her incredible efforts in The American Cancer Society’s Determination Program for the NYC Marathon.

MJ’s commitment to the cause is a reflection of her character—determined, compassionate, and relentlessly focused on making a difference. Her fundraising endeavors culminated in a substantial contribution to cancer research and treatment, advocating for advancements that offer hope for early detection, improved care, and the dream of a cure.raising more than 17K for the American Cancer Society

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