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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 surgical malpractice

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UW_surgery_and_residentsMore than 40 million Americans are undergoing surgery every year. An estimated 35.8 million of them will immediately return home after having their surgery performed in a freestanding ambulatory surgery center or in a hospital-based outpatient setting. Another 7 million will be required to stay at the hospital after their surgery. While most patients fully recover from their surgery without problems some of them will suffer from surgical complications or errors. It is estimated that around 14% of surgical patients encounter at least one adverse event.

In a recent study, the ECRI and the Institute for Safe Medication Practices took a close look at surgical malpractice and analyzed 2,400 surgical adverse events that were recently reported to them. Among these 2,400 reported surgical malpractice events, researchers found that 1,561 of them were relevant. They found that 478 of them (31%) were complications related to the surgery, 460 (29%) of them were adverse events related to patient and operating room readiness,  377 (24%) were retained surgical items, 102 (6.5%) were contaminations, 80 (5.1%) were adverse events caused by equipment failure and 64 (4.1) were wrong surgeries.

To reduce these adverse events, the ECRI recommended the following strategies:

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surgery-centerTwo recent articles discuss the increased risks of medical practice at surgery centers as they take on increasingly risky surgeries.

A global investigation by Christina Jewett from Kaiser Health News and Mark Alesia from USA Today reveals that since 2013, 260 people died of complications after they went for an in-and-out procedure at a surgery center in America.

Another investigation led by Lindy Washburn from NorthJersey.com found that more than 12,000 serious cases of personal  injury including 52 deaths have occurred in New Jersey surgery centers between September 2008 and September 2017. Additionally Washburn also found out that these numbers were only reflecting a partial reality as among the 298 surgery centers installed in New Jersey only half of them have to report to NJ’s Patient Safety Reporting System. In New Jersey surgical centers with only one room don’t need to report their patient safety data. Previous cases of medmal indicate that some victims died in the past but exact numbers are nowhere to be found. In her article Washburn describes several cases including the one of  Rekhaben Shah, a 67 year old woman who went to one of these centers for a routine colonoscopy and died two days later. A new law was just passed that will soon require all New Jersey surgical centers to report patients safety data.

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New York Medical Malpractice Lawyer Ben RubinowitzOur partner, Ben Rubinowitz, a nationally regarded plaintiff’s lawyer, recently lectured at the Winter Urologic Forum sponsored by Columbia University, Vanderbilt University, and University of California Davis.

One of the main topics in his talk focused on the issue of Concurrent Surgeries, or what is commonly referred to as Simultaneous Surgeries.  Although many teaching hospitals throughout the country participate in this practice, Rubinowitz made clear that it is not in the best interests of the patient to have the doctor leave the operating room while treating one patient to attend to another.

Although the Journal of the American Medical Association (JAMA) recently suggested that Concurrent Surgeries were safe for patients, Rubinowitz challenged that study.