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 new york medical malpractice lawyer

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jbAfter Lavern’s Law was left to die by the NY legislature, NYC medical malpractice attorney Jeff Bloom was quoted in Politico saying “The fact that once again the Senate leadership has caved to the will of hospital executives is a slap in the face to the men and women who are injured by careless medical errors and through no fault of their own find out too late to hold anyone accountable”. Jeff Bloom, a senior partner at our firm and the attorney for Elissa McMahon, whose doctors allegedly failed diagnose her uterine cancer, added: “[Senate Majority Leader John] Flanagan should look Lissy McMahon, her son Jack and other victims in the eye and explain why he is protecting negligent doctors rather than letting them have their day in court.” (For more info on the rejection of the Lavern’s Law by the NY legislature see our previous blog.)

The Lavern’s Law bill was not the only health care bill that didn’t make the cut in Albany.  HIV and AIDS advocates were expecting a $70 million in funding for housing that didn’t go through despite a previous announcement by Governor Cuomo that $200 million would be spent to fight the epidemic. A Cuomo task force dedicated to end the HIV epidemic also recommended passing the Gender Expression Non-Discrimination Act and the Reproductive Health Act but neither of them made it through the Senate. The Senate also blocked two bills facilitating the distribution of medical marijuana and a universal healthcare bill.

A bill proposing a cap of $250,000 for pain and suffering in medical malpractice cases didn’t make it to the Assembly and another bill that would have relaxed the rules excluding hearsay as admissible evidence made it to the Assembly but was blocked by the Senate.

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In New York the statute of limitations for medical malpractice starts from the time the medical error occurred. Assemblywoman Helene Weinstein (D-Brooklyn) is sponsoring a bill that would start the statute of limitations from the time the medical error is discovered instead of the the time it occurred. The bill, named after Lavern Wilkinson, a mother who died of a curable form of lung cancer after doctors misdiagnosed her (see previous blog), has 38 Senate Sponsors , both Republican and Democrats according to Assemblywoman Weinstein. This is enough to pass as long as the Senate decides to take the bill to a vote this year. The time is ticking on the bill as there is only one week left before the session ends. Read more in New York CBS Local.

Our partner, New York Medical Malpractice Attorney Jeffrey Bloom is strongly supporting the bill. Jeff is representing Lissy MacMahon, a single mother of a 15 year old son who was recently diagnosed with stage 4 cancer. Lissy had a previous surgery in 2012 in a New York Hospital. At the time of the surgery, doctors failed to diagnose her cancer. When she visited our office, Lissy learned that she was unable to sue because the statute of limitations had passed despite the fact that she had just learned about her cancer.  Lavern’s Law if it passed would allow Lissy to commence her lawsuit and make sure she and her son are taken care of.  Jeff traveled to Albany to support Lissy and many others who could benefit from the passage of this law. Below is a video of Lissy that will be shown to all New York State legislators.

https://www.youtube.com/watch?v=Ot9MSGkcLbw

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jbOur partner, New York Medical Malpractice Attorney Jeff Bloom is helping our client Elissa McMahon in her crusade to get Lavern’s law passed (see previous post).  After she discovered that doctors in a New York hospital failed to diagnose cancer, Elissa McMahon was unable to bring a lawsuit because the statute of limitations had passed. In New York the statute of limitations for victims of medical malpractice starts at the time of the occurrence of the medical error. Lavern’s Law is a proposal to have the statute of limitations start at the time of the discovery of the error. This law would allow patients like our client, Elissa McMahon, to bring a lawsuit against the hospital which failed to diagnose her cancer. Most States in the US have similar laws. New York State is one of only six States to start the statute of limitations at the time of the occurrence of the error. Talking about Elissa McMahon’s case, Jeffrey Bloom told the NY Daily News “How could she possibly not have a right to bring a lawsuit when the statute of limitations ran (out) before she even knew she was sick?”

In 2012 Elissa McMahon went to Lenox Hill Hospital in New York City for a fibroid removal. At the time of the surgery, pathology slides from Lenox Hill Hospital clearly indicated that the patient had cancer but doctors failed to diagnose it. Two years later she went to a doctor after suffering from severe back pain. She was diagnosed with stage 4 cancer. 6 months later she consulted with our firm and discovered that the statute of limitations had passed and that she was unable to sue. Our partner Jeffrey Bloom is now helping Elissa McMahon in her battle to change the law and get justice. If the law goes through in the next session Elissa McMahon, a 46 year old single mother of a teenage son, will be able to bring a lawsuit. If it doesn’t pass this session she will have to wait until next year. She has stage 4 metastatic cancer and told the News “Even if my son can’t benefit from this, there are other people in similar situations.”

Below is a video of Elissa McMahon in which she discusses her tragic situation with Jeffrey Bloom. Jeff traveled to Albany in support of Elissa and others in her situation to push for the passage of Lavern’s Law. It is a travesty that the Republican’s in the legislature have been blocking this law.

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jbNew York Medical Malpractice Lawyer Jeffrey Bloom will be speaking at the New York City Bar Seminar “Current Issues in New York Medical Malpractice”. This program features a multi-disciplinary view of the current state of medical malpractice in New York, including regulatory concerns for the admitted professional liability insurers, techniques for judicial intervention in resolving malpractice claims; and recent changes in the law affecting the scope of the duties owed by physicians and hospitals. The program will highlight recent legislative developments and the prospect for further changes in the malpractice liability environment. Jeffrey will be speaking on the impact of the recent and proposed legislative changes on litigation of medical claims.  The event will take place this Monday May 23rd from 6:00 pm to 8:00 pm at 42 West 44th Street, New York, NY 10036. For more information or to register to this event click here.

Jeffrey Bloom is a partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. In addition to trying and managing medical malpractice cases, Jeffrey Bloom is the Co-chair of the Medical Malpractice Committee of the New York State Trial Lawyers Association as well as the Co-Chair of LAWPAC New York, the Trial Lawyers political action committee. In these roles, he works to protect the rights of victims of medical malpractice in Albany with the Legislature and State government.

 

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Our partners, New York Medical Malpractice Lawyers Ben Rubinowitz and Jeffrey Bloom appeared this morning on Good Morning America to discuss the settlement that they reached in the Joan Rivers malpractice case. See video below

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jbbr
Our law firm is pleased to announce that our attorneys Jeffrey Bloom and Ben Rubinowitz were successful in resolving the Joan Rivers Medical Malpractice case on behalf of her family. The amount is confidential.

Here is the statement from Melissa Rivers in regards to this settlement:

“In accepting this settlement, I am able to put the legal aspects of my mother’s death behind me and ensure that those culpable for her death have accepted responsibility for their actions quickly and without equivocation.  Moving forward, my focus will be to ensure that no one ever has to go through what my mother, Cooper and I went through and I will work towards ensuring higher safety standards in out-patient surgical clinics. I want to express my personal gratitude to my legal team for their wise counsel and prompt resolution of this case. ”

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Jeffrey BloomOur partner, New York Medical Malpractice Lawyer Jeffrey Bloom was quoted in an article about medical malpractice insurance in NY which appeared on Politico New York/Capital New York.com. The article focused on the influx into the New York medical malpractice insurance market of out of state insurers known as risk retention groups. While New York’s carriers are more expensive, they are safer than out of state insurers because they pay into a guaranty fund that acts as a safety net.  If one of them is in trouble and goes belly up, the costs are passed along to the other insurers of the State. Out of state companies also known as Risk Retention Groups (RRGs) do not pay into this guaranty fund. This is one of the reasons why they can offer cheaper rates to physicians than New York insurers.  RRGs are regulated by their home state and not by New York Sate. If a RRG goes under,  in some cases physicians maybe exposed and personally liable for malpractice claims. Because New York can’t regulate these funds it weakens the state’s safety net. Additionally the recent turmoil of Physicians’ Reciprocal Insurers, or PRI, the second largest carrier in the state, is further undermining the market.  Jeff pointed out that the New York  medical malpractice market is not only quite stable but obviously viewed as a potentially  quite profitable market by medical malpractice insurers nationwide.
In addition to trying and managing medical malpractice cases, Jeffrey Bloom is the Co-chair of the Medical Malpractice Committee of the New York State Trial Lawyers Association as well as the Co-Chair of LAWPAC New York, the Trial Lawyers political action committee. In these roles, he works to protect the rights of victims of medical malpractice in Albany with the Legislature and State government.
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brOur managing partner, New York Medical Malpractice Lawyer Ben Rubinowitz will be a panel member at the Medical Malpractice Litigation 2016 NYC Live & Webcast seminar organized by the NYSBA on April 15.   Ben will be speaking on effective methods of deposing the defendant doctor in a medical malpractice case.

This seminar is an excellent opportunity for young and experienced lawyers to keep up to date with recent issues in medical malpractice and to learn trial strategies and techniques from top litigators and distinguished judges. The Agenda includes:

  • Developments in the Substantive Law
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Abdominal compartment syndrome is well recognized as a potential complication of laparotomy for trauma. It has also been reported after repair of large ventral hernias and may be anticipated in any case in which there is a loss of domain for abdominal organs. Failure to diagnose Intra-Abdominal Hypertension leading to Abdominal Compartment Syndrome, multi-system organ failure and patient death following surgery of the Abdominal Cavity may constitute medical malpractice. For a complete discussion of this insidious condition see our web page, “Abdominal Compartment Syndrome”

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Jeffrey BloomOur Partner Jeffrey Bloom will be a speaker at the “Mount Sinai Update: Breast Imaging Conference” to be held at The New York Academy of Medicine  on October 12, 2015 .  Jeff will speak from 10:15 AM to  11:15 AM and his presentation will cover the plaintiff’s attorney’s perspective on breast imaging malpractice.  After the presentation Jeff will also participate on a Medico-legal Issues Panel. To register click here.

At the completion of this course, the participants should be able to:

  • Discuss the new ACR BI-RADS 5th Edition terminology for breast imaging findings on mammography, ultrasound and MRI.
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