- A Tier 1 Firm for Personal Injury Litigation – Plaintiff in New York City
- A Tier 1 Firm for Medical Malpractice Litigation – Plaintiff in New York City
Two top level transplant surgeons are alleging that they have been fired by SUNY Downstate Medical Center in Brooklyn after they raised the alarm on gross medical malpractice occurring in the cardiothoracic surgery and cardiothoracic intensive care units.
Dr Gruesser, a top transplant surgeon who operated on Congresswoman Gabrielle Gifford after she was shot and saved her life, was hired by SUNY as Downstate’s Chair of the Department and Chief of Transplant. When hiring him SUNY’s goal was that he would turn Downstate’s Cardiothoracic Program and General Surgery Residency program around.
During his tenure, DR Gruesser and his team uncovered several serious patients safety issues including:
Our NYC Personal Injury Law Firm was named a 2020 Best Law Firm by U.S. News and Best Lawyers for the 10th consecutive year and we would like to congratulate our attorneys and staff for their continuous effort and great work.
Also for the 10th consecutive year, Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf was named
- A Tier 1 Firm for Personal Injury Litigation – Plaintiff in New York City
New York State hospitals and especially New York City hospitals and nursing homes are the institutions the most affected in the country by Candida Auris, a dangerous fungal infection resistant to most medications. The disease already killed a patient at Mount Sinai hospital last year and 309 cases have been confirmed in New York and 109 in New Jersey out of a total of 587 for the entire country.
Hospitals that have been contaminated by Candida Auris germs report that it is very difficult to eradicate it in the facility. It takes special cleaning equipment. Sometime tiles have to be ripped of the walls to get rid of the bug.
If a loved one is in a nursing home or at the hospital ask if they had any cases of Candida Auris
468 people died of medical malpractice in NYC’s public hospitals in the past 5 years according to a recent article in the New York Post. Among all 11 HHC hospitals, Kings County Hospital in Brooklyn had the worst record. 91 claims of wrongful death related to medical malpractice were filed against the Brooklyn hospital between the beginning of 2014 and the end of 2018. Bellevue, a much larger city hospital located in Manhattan came second with 54 wrongful death claims filed against it during the same period.
The Post analysed City Comptroller data obtained through a Freedom of Information request and found that the city paid $34 million to 56 families in 2014. Among the cases closed, the Post found out that some patients died in horrific conditions from gross medical malpractice committed by these hospitals. Among the most shocking were:
- The wrongful death of a woman who died from organ failure after doctors at Kings County Hospital in Brooklyn ignored her tuberculosis diagnosis and botched her treatment. Her family was awarded $3.2 million, one of the largest amounts paid by HHC to the 56 families.
As New York hospitals are gearing up for an increased number of patients visiting the emergency room for cold related injuries it is important that physicians and nurses be up to date with proper management of cold injuries as medical malpractice such as failure to diagnose and timely treat systemic hypothermia can be fatal.
In a recent article published in Medscape, Blair Peters, MD (Resident Physician, Department of Plastic and Reconstructive Surgery, University of Manitoba Faculty of Medicine, Canada) and Edward W Buchel, MD (Associate Professor of Surgery, Section of Plastic Surgery, University of Manitoba Faculty of Medicine; Head, Consulting Staff, Winnipeg Health Sciences Centre, Canada) provide an in depth analysis of the various types of cold injuries and the most appropriate manner to treat them.
Systemic hypothermia needs immediate treatment
The 3 emergency units at Montefiore Hospital in New York are so overcrowded and unruly that it endangered patients and staffers.
Patients have to wait for hours to be treated and staffers are regularly attacked by psych patients. According to a nurse working there who was recently interviewed by the New York Daily News, the ER units at Montefiore look like a refugee camp in a war zone.
Last week, Ritchie Torres, a City Councilman sent a letter to the Department of Investigation to ask for an immediate probe.
New York orthopedic surgeon Ira Kirshenbaum was sued 10 times for medical malpractice and 4 of his patients died after undergoing surgery with him. This hasn’t stop Bronx-Lebanon Hospital to keep him as the head of orthopedic surgery since 2008 and to pay him $1 million-a-year and additional bonuses since that time.
Bronx-Lebabanon treats mostly poor patients on Medicaid and executives seem more concerned by the hefty bonuses they receive every year than by patient care. Hospital executives don’t seem to be too concerned if patients die after surgery or if they come out of the hospital with one leg shorter than the other.
When they hired Kirshenbaum, Bronx-Lebanon executives main concern was how much additional money they could put in their pocket. By hiring Kirschenbaum the hospital would increase the number of hip and knee replacements which are very lucrative procedures.
Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is proud to announce that our partner New York Medical Malpractice Lawyer Marijo C. Adimey obtained a $2.5 million unanimous verdict in an Upper Endoscopy case in Queens, New York.
The plaintiff, Elsa Garzon (57), went to Dr. Steven Batash on June 29, 2015 for a diagnostic EGD (also known as an upper endoscopy or esophagogastroduodenoscopy). Ms. Garzon, of Columbian decent, emigrated to the United States in 2005 to provide a better life for her two children. While raising her two small children, she learned English, became a resident, and started working as a helper in a local Queens deli. She eventually became a U.S. Citizen and has continued to work at the same deli for over 12 years, where she is now the head cook.
Dr. Batash recommended an upper endoscopy, followed by a colonoscopy, to address her frequent complaints of abdominal pain. An upper endoscopy is a screening and diagnostic tool used by gastroenterologists to evaluate the upper part of the gastrointestinal tract. Upper endoscopy is used to identify ulcers, colon polyps, tumors, and areas of inflammation or bleeding. Performed under a mild form of anesthesia, a thin, flexible tube with a camera at the tip is used to examine the inner lining of the esophagus, stomach and duodenum (part of the small intestine). The scope is inserted into the mouth, down the esophagus, into the stomach and then passed through the upper part of the duodenum. Passage of the endoscope through the duodenum is incredibly important, as improper handling of the scope could cause injury to intestine and to the abdominal cavity outside the intestine.
Medical Malpractice cases in New York are often very complex. Because the cases are too complex for a non-doctor to determine if the patients was the victim of a medical malpractice, the testimony of a medical expert is required for almost every medical malpractice case to go to the jury. However in some very rare cases in which the medical malpractice is “obvious” medical expert testimony may not be necessary.
In a recent NYC medical malpractice case, a patient won his medical malpractice case without presenting medical expert testimony. The patient sustained burns after his orthopedic surgeon inadvertently left a hot mallet on his left thigh and abdomen during an arthroscopic surgery. The patient sued the surgeon and his practice group for medical malpractice. After the surgeon admitted in his deposition that he had committed an error, the patient moved for partial summary judgment on the issue of liability. The surgeon submitted an affidavit that attempted to explain that despite his deposition, the operating room staff was ultimately responsible for the error. The court found the surgeon’s argument unavailing and partial summary judgement was granted to the plaintiff by the Bronx Supreme Court as to the surgeon only.
In Legakis v. New York Westchester Square Medical Center,et.el., 2016 NY Slip Op 07843, the Appellate Division, First Department, modified by also granting partial summary judgment on the issue of liability against the orthopedic surgeon’s practice group, and affirmed. The court held that the trial court did not err in granting partial summary judgment on the issue of liability against the orthopedic surgeon and partial summary judgment on the issue of liability should also be granted against the orthopedic surgeon’s practice group. The plaintiffs did not rely on res ipsa loquitur relying on the defendant’s deposition testimony and medical records. The Court held “…this is the rare case in which the ‘prima facie proof is so convincing that the inference of negligence arising therefrom is inescapable and unrebutted,’ so that summary judgment on liability is proper (Thomas v New York Univ. Med. Ctr., 283 AD2d 316, 317 [1st Dept 2001] [internal quotation marks omitted]).”