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 Posted in Hospital Negligence

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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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120M Verdict by our Medical Malpractice AttorneysIn a landmark decision that highlights the importance of timely medical intervention, a Westchester County jury awarded a record-setting $120 million in a medical malpractice lawsuit against Westchester Medical Center. This verdict, delivered on November 30, 2023, after a four-week trial, marks the largest award ever in a medical malpractice case in Westchester County.

The case revolved around the hospital’s negligence in treating 41-year-old William Lee, who suffered from a stroke in 2018. Rushed to the hospital by ambulance, Lee was the victim of a critical delay in treatment. The jury found that inexperienced doctors on call were responsible for a three-hour delay in removing a clot from Lee’s basilar artery. This delay led to extensive brain damage, necessitating lifelong care at a residential brain injury center.

The tragedy of this case is underscored by the extent of Mr. Lee’s injuries. The damage to his brain has severely impaired his judgment and short-term memory, rendering him dependent on round-the-clock care and unable to provide for his family. The compensation awarded includes provisions for his future medical needs, pain and suffering, loss of enjoyment of life, and compensation for his wife for the loss of his services and society.

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The family of Sary Mao, a Khmer-speaking Cambodian refugee, is seeking justice and closure after her body went undiscovered for five days following her tragic death due to a heart attack. The incident occurred at Montefiore’s Family Health Center in The Bronx, NYC.

As medical malpractice attorneys, our professional focus is on advocating for individuals suffering from medical negligence. The recent incident at Montefiore’s Family Health Center in The Bronx, where the body of Sary Mao went undiscovered for five days following her heart attack, resonates deeply with the issues we encounter in our work

In any medical malpractice case, the concept of the “duty of care” is fundamental

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sexual abuser Zhi Alan ChengNew York-Presbyterian Queens Hospital  is grappling with a disturbing case of sexual abuse by one of its former doctors. Zhi Alan Cheng, a 33-year-old emerging gastroenterologist, has been charged with 50 new counts of heinous crimes, including rape, sexual abuse, assault, misdemeanor drug possession, and unlawful surveillance.

The allegations against him underscore the importance of legal advocacy for survivors of sexual abuse and the urgent need to address the systemic failures that enable such atrocities to occur.

Zhi Alan Cheng’s case reveals a chilling pattern of abuse, marked by methodical cruelty and an alarming disregard for human decency

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New York Presbyterian Queens covered up sexual abuse As doctor sexual abuse attorneys in the heart of New York City, we are committed to fighting for the rights of survivors and seeking justice against those people who have caused harm and those institutions, hospitals, schools and religious entities that facilitated the harm. Today, we bring to your attention a deeply disturbing case involving Dr. Zhi Alan Cheng, a physician at a major New York City hospital, who has been accused of perpetrating heinous sexual abuse against multiple victims in the hospital.

Dr. Cheng was arrested in December 2022 and has been charged with first-degree rape after allegedly drugging and raping women in the hospital and his own apartment. Incredibly, while Dr. Cheng awaits trial on Rikers Island, another victim has recently come forward accusing Dr. Cheng of sexual assault in 2021 at New York Presbyterian Hospital Queens where he was employed as a physician. The hospital faces accusations of covering up this abhorrent crime, failing to report it to the authorities, and neglecting to take appropriate disciplinary measures against Dr. Cheng.

Seeking Justice for Sexual Abuse Survivors

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Surgery at HospitalWhile too many hospitals in the US are sacrificing patient safety for profit, a small number of them are dedicated to focus on healthcare safety and quality.

NYU Langone Hospitals in New York, NY, Gouverneur Hospital in Gouverneur, NY, White Plains Hospital in White Plains, NY and NYU Langone Hospital Long Island in Mineola, NY are the only 4 hospitals in New York state that have been included in the Best Hospitals in America compiled by Money and the Leapfrog Group.

The Leapfrog Group is a nonprofit organization helping consumers to make informed decision. To be part of the list, hospitals that previously received a A grade from a previous assessment went through an additional assessment of  39 performance measures in the 7 following categories:

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cyber attack can arm patientsHospitals are one of the favorite targets of ransomware hackers because hospitals simply can’t afford to have their IT down as it can cause severe harm or even death to patients. As a result when a hospital  has its systems blocked by hackers it might be more willing to pay a ransom than any other type of organization in order to get their systems working again.

Recently, a debt collection company working with 657 healthcare providers announced that it had been the victim of a cyber attack. Hackers were able to obtain patients information including their name, address, social security number and medical information. It is unclear so far how many patients have been affected but this might have been of of the largest healthcare data breach of 2022.

CISA warns hospitals and healthcare providers of Maui ransomware

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NYC Medical Malpractice Attorneys Jeff Bloom and David LarkinOur NY Medical Malpractice attorneys Jeffrey Bloom and David Larkin settled a wrongful death case for $3 Million for the death of a man overdosed with narcotics

Our client, a man in his fifties, walked into the emergency department of his local hospital with complaints of abdominal pain.  He was dead within hours.  He left behind a wife and three grown sons.

The nurse receiving the telephone order from the pain management specialist transcribed it incorrectly and raised the dose for Dilaudid to a deadly amount

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hospital patientEvery year the ECRI institute releases a list of top main concerns that may lead to patient harm and medical malpractice. While cybersecurity was one of the main concerns in the previous years, the ongoing Covid 19 crisis put a lot of pressure on hospital staffing and “staffing shortages” is now at the top of the concerns  followed by worker’s mental health and racial disparity in treatments.

The pandemic emphasized concerns that were already latent in the American healthcare system but that have worsened during the pandemic:

  1. Staffing shortages: the registered nurses median age is 52 year old with 20% of them being older than 65 year old. Young nurses are needed but nursing schools are missing proper resources such as faculty, clinical sites, classroom spaces and budget. As a result 80,407 nursing school applicants were turned down in 2019.  In the coming years, staff shortages will be experienced at all levels of the healthcare system from nursing assistants to technicians such as laboratory technicians as well as critical care doctors, hospitalists, pharmacists and respiratory therapists.
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Infusion pumps are at risk of cyber attacks75% of infusion pumps used by hospitals and other healthcare providers are at risk of being compromised by hackers and as a result can cause harm to patients or expose sensitive data.

Infusion pumps are some of the most commonly used medical devices and some big hospitals are managing thousands of these devices. A recent study by Palo Alto Networks’ Unit 42, looked at 200,000 infusion pumps manufactured by 7 different companies and being used by multiple hospitals and healthcare organizations that are all using IOT Security to monitor their medical devices.

Researchers found that an alarming number of these devices were highly vulnerable to cyber attacks with 40 known security gaps identified among the devices. Additionnally, 70 types of alert messages received from  these devices through the IOT security network where identified as messages related to security issues.  Most vulnerabilities identified were leakage of sensitive information and unauthorized access causing the device to become unresponsive.

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