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 Medical Malpractice

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Jeff%20Bloom.jpgJeff Bloom, a partner at New York personal injury law firm Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, will be speaking at “Bridging the Gap”, a special CLE program for recent graduates and newly admitted attorneys put on by the New York State Bar Association.

This two-day program will be presented in New York City on December 10th and 11th and broadcast live to other locations, in Albany and Buffalo, in an interactive video conference format, allowing “real time” interaction between all locations. This program is approved for MCLE credit for newly admitted attorneys in all locations, regardless of format.

Jeff will speak on Wednesday December 11th at 2:55 pm and will provide an overview on how to handle a medical malpractice case. Since joining the firm in 1979, Jeff has carved out a reputation as one of the top medical malpractice and personal injury attorneys in New York. Known and respected by both the bench and bar as a fierce advocate on behalf of his clients, he has helped them successfully achieve numerous multi-million dollar recoveries.

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Failure to diagnose Small Intestinal Bacterial Overgrowth (SIBO) can be medical malpractice that can result in bloating, abdominal distention, abdominal pain and discomfort, diarrhea, fatigue and weakness. Complications of SIBO range from mild, including diarrhea and minimal vitamin deficiencies, to severe, including malabsorption and neuropathies due to fat-soluble vitamin deficiencies.

In a recent article in the Washington Post, Sandra G. Boodman, tells the story of a woman who struggled for more than 40 years with this condition. For years she was misdiagnosed with irritable bowel syndrome until she was referred to Gina Sam a gastroenterologist at the Mount Sinai Hospital in Manhattan and a specialist in motility disorders, problems that occur as food passes through the digestive tract. Because the woman didn’t suffer any pain which is a prominent symptom of Irritated Bowel Symptom, Dr. Sam suspected her patient was suffering from another condition. The doctor was able to properly diagnose her patient with SIBO, a condition that has received new attention as gastroenterologists have focused on the importance of the microbiome, the stew of bacteria and other microorganisms that comprises the gut’s ecosystem and is affected by diet.

Read the complete article here

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Jeff%20Bloom.pngOur partner Jeffrey Bloom will be speaking about Breast Imaging Malpractice tomorrow, October 15th, at the Mt. Sinai Update 2014: Breast Imaging, a CME program designed to cover clinical aspects of breast imaging including digital mammography, breast ultrasound, breast MRI, and interventional procedures, as well as medicolegal issues. The faculty consists of twelve nationally and internationally recognized experts.

Since joining the firm following his graduation from law school in 1979, Jeffrey Bloom has carved out a reputation as one of the top medical malpractice and personal injury attorneys in New York. Known and respected by both the bench and bar as a fierce advocate on behalf of his clients. He has helped his clients successfully achieve numerous multi-million dollar recoveries.

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We are proud to announce that for the ninth consecutive year our attorneys have been named to the New York Super Lawyers list. In 2014 ten of our lawyers were selected. These are: Ben B. Rubinowitz, Anthony H. Gair, Howard Hershenhorn, Jeffrey B. Bloom, Richard M. Steigman, Jerome I. Katz, Ernest R. Steigman, Stephen H. Mackauf, Seymour Boyers and Christopher L. Sallay. Peter J. Saghir was again selected to the Rising Stars list.

Our firm is located in Manhattan and handles all types of catastrophic personal injury and wrongful death cases from traffic accidents, construction accidents, medical malpractice to product liability in New York and New Jersey.

Since 1919, the firm has built is reputation as one of the top injury law firms in the United States by limiting its practice to a select group of serious and substantial tort cases so that extensive personal attention and meticulous trial preparation are afforded to each of our clients on all matters. The results speak for themselves as for the last 10 years our firm has obtained verdicts or settlements exceeding $1 million for more than 425 cases.

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A diagnosis delayed by a too long wait time in an emergency room can be medical malpractice and can be deadly. In Bedford-Stuyvesant, patients checking in at the ER of the Brooklyn Interfaith Hospital wait an average of 125 minutes before they can be seen by a doctor. The hospital recently added more staff but it has financial struggles. Most of its ER patients are uninsured.

The Brooklyn Hospital has the worst ER waiting time in New York State and 4 times the national average according to an article in the New York Daily News.

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Recently more and more hospital patients have been receiving bills with hefty charges from unexpected out of network doctors or other medical service providers such as labs or Radiologists. Services that used to be included in the daily hospital rate now comes as additional costs because they are provided by out of network contractors. Many emergency rooms, for example, are now staffed by out-of-network doctors who bill separately.

Out-of-network doctor charges are not negotiable and can reach phenomenal amounts. For example a patient requiring a skin graft would pay $1,781 to an in-network doctor while an out-of-network doctor would potentially charge $150,500. In a recent article in the New York Times, Elisabeth Rosenthal exposes this practice.

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A wheelchair-bound resident of a Long Island nursing home suffered serious personal injury after a nurse committed a medical error and injected him with morphine instead of a prescribed muscle relaxant and then attempted to cover up her error by falsifying documents. The nursing home resident overdosed and had to be admitted to a hospital where Narcan, a medication to counter the effects of an opiate overdose was administered. The nurse, Vicki Price, was charged recently with one count of endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person, in the second degree, a class E felony; one count of endangering the welfare of an incompetent or physically disabled person, a class A misdemeanor; one count of willful violation of the public health laws, an unclassified misdemeanor; and two counts of falsifying business records in the first degree, a class E felony. She faces up to 1 1/3 to 4 years in prison if convicted.

Read more in the Press Release

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US%20ARMY%20MEDICAL.jpgSharon LaFraniere and Andrew W. Lerhen from the New York Times continue to investigate Medical Malpractice in military hospitals. The two reporters who last June provided an in-depth analysis of the flaws of the military hospital system (see “In Military Care, a Pattern of Errors but Not Scrutiny” ) recently published a new article focusing on the high risk of medical malpractice in small military hospitals. Military hospitals with a turnover of 10 to 30 patients a day are often staffed with inexperienced doctors and nurses who are not busy enough to keep their skills sharp. Most of them are poorly managed and run by untrained and inexperienced physicians with a culture of complacency that threatens patients safety.
Most of these small military hospitals are being considered for closing or transforming into outpatient facilities by the Pentagon as part of its plan to scale back costs but political obstacles are preventing streamlining the system.

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Potential medical malpractice during a routine procedure for her vocal cords may have lead to the death of Joan Rivers earlier Today. A few days ago we wrote that the 81 year old comedian and TV personality had to be rushed to Mount Sinai Hospital in New York after she stopped breathing during vocal cord surgery (see previous blog). After doctors at Mount Sinai tried unsuccessfully to bring her out of her coma, her daughter Melissa gave the go-ahead to remove her mother from life support Today. RIP Joan Rivers. New York state health officials are investigating the outpatient clinic where Joan Rivers underwent the endoscopic procedure before she stopped breathing last week. It will be interesting to learn the role anesthesia played in leading to her respiratory distress and cardiac arrest. She was a ground breaker and will be missed.
Read more in the Daily Beast

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tubing%20misconnections.jpgTubing misconnection error is medical malpractice mostly caused by nursing or hospital negligence that can result in severe personal injury or death of the patient. Misconnections errors have a high risk to happen not only because most patients checking into a hospital are likely to receive at least an IV but also because tubes with different functions can too easily be connected together. Gardiner Harris from the New York Times raised the alarm on this problem in 2010 in the article “U.S. Inaction Lets Look-Alike Tubes Kill Patients”.

To address this issue and prevent these types of medical errors, tubing connector standards have recently been developed through a collaboration of the International Organization for Standardization (ISO), the Association for the Advancement of Medical Instrumentation (AAMI), clinicians, manufacturers and regulators, including the U.S. Food and Drug Administration (FDA).

New connectors are going to start to reach the market during the fourth quarter of 2014 and the transition phase is expected to continue through 2015.

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