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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Patients are at risk of technology hazardsAs experienced medical malpractice attorneys, we often witness the devastating consequences of preventable harm caused by healthcare technology failures. ECRI’s latest report on the Top 10 Health Technology Hazards for 2025 highlights critical risks in medical settings, offering actionable recommendations to minimize these hazards. Here, we explore key insights from the report and emphasize the importance of a Total Systems Approach to Safety (TSS) to protect patients and healthcare providers alike.

Understanding the Total Systems Approach to Safety

ECRI’s Total Systems Approach to Safety aims to redesign healthcare safety systems by integrating advanced safety science, human factors engineering, and health equity. This proactive framework prioritizes leadership alignment, workforce wellness, and patient engagement to reduce errors and preventable harm. For attorneys representing patients harmed by medical errors, the adoption of such systems could signal a commitment to safer practices, potentially mitigating legal risks for healthcare providers.

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Yesterday, our partner Christopher Donadio and his client Jose Marrero were featured on The Rush Hour on NY1 and interviewed by Annika Pergament. The segment highlighted the urgent need for the Grieving Families Act (GFA) and the devastating personal impact of New York’s outdated wrongful death laws. Jose Marrero shared his tragic story of losing his wife during a routine procedure at Maimonides Medical Center, underscoring the emotional toll on families who are left without fair recourse under current legislation.

The Grieving Families Act (GFA) aims to rectify one of the most longstanding injustices in New York law—the denial of wrongful death restitution for grief and emotional suffering. Under the current system, compensation is limited to the lost income of the deceased and any pain and suffering prior to death. This outdated approach often leaves families of children, stay-at-home parents, and elderly individuals without any restitution, perpetuating systemic inequities.

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Ben-Article-Ben Rubinowitz, our managing partner, has long been recognized as one of New York’s top trial attorneys. Recently, he was featured in an article titled “Ben Rubinowitz and the Art of Argument” by Claude Solnik, which explores his unparalleled skill in simplifying complex cases and achieving justice for his clients.

Rubinowitz’s career is defined by record-breaking verdicts and a dedication to ensuring his clients receive not only compensation but systemic change when needed. Among his most notable cases is “Lee v. Westchester Medical Center”, where a misdiagnosed stroke led to a $120 million verdict. His argument boiled down to three impactful words: “Time is brain.” Rubinowitz emphasized how delays in treatment caused irreversible brain damage, leveraging his ability to focus jurors’ attention on the hospital’s negligence.

A Legacy of Record Verdicts

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percentage of adverse events for patients undergoing surgeryRecent findings published in the British Medical Journal (BMJ) have revealed alarming statistics about the safety of surgical care in hospitals. This extensive study, conducted across 11 U.S. hospitals, highlights the urgent need for improved safety measures to prevent adverse events during surgery. As medical malpractice attorneys, we understand the devastating impact such errors can have on patients and their families, especially when these adverse events are preventable.

Key Findings: Nearly 40% of Surgical Patients Experience Adverse Events

According to the study, adverse events were identified in 38% of patients admitted for surgery. Even more concerning, nearly 16% of these patients suffered major adverse events that resulted in significant harm, prolonged recovery, or even death. The study used a comprehensive review of medical records to assess over 1,000 patients, highlighting the severity and preventability of these adverse incidents.

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African American Patient with DoctorsAs AI technology advances, the medical field has seen promising integrations, from diagnostic support to patient care management. However, recent reports highlight a significant risk: AI-powered transcription tools, such as OpenAI’s Whisper, are making alarming errors, particularly in medical settings. Whisper’s tendency to produce fabricated content—what experts call “hallucinations”—poses serious risks when used in doctor-patient consultations. These inaccuracies have far-reaching consequences for patients and healthcare providers alike, particularly if faulty transcriptions lead to misunderstandings, misdiagnoses, or even medical malpractice.

AI Hallucinations: What Are They?

Unlike traditional transcription errors, hallucinations involve the AI creating statements that were never said. For instance, in routine testing, Whisper reportedly added imaginary medical treatments or racial commentary that was absent in the original audio. While these hallucinations are concerning across all fields, they are particularly dangerous in healthcare, where accurate record-keeping is critical. Errors or fabricated statements in medical notes can misinform other medical professionals, lead to incorrect patient care, or provide grounds for miscommunication-based legal issues.

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NYC Personal Injury Attorney Rachel JacobshlawcouncilWe are proud to announce that our partner, Rachel Jacobs, will be a featured panelist at her undergraduate alma mater, Binghamton University’s Women in the Law event. This event, hosted by the Harpur Law Council, brings together distinguished female attorneys to discuss their careers, challenges, and the evolving landscape for women in the legal profession.

Date: Wednesday, Oct. 9

Cost: Free

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NYC Medical Malpractice Lawyer Marijo AdimeyThe New York City Bar Association is hosting a comprehensive all-day Institute focused on the evolving field of medical malpractice litigation on September 13th. This event will feature insights from various legal perspectives, including plaintiff and defense counsel, appellate counsel, and members of the judiciary. Among the distinguished faculty is our partner Marijo C. Adimey , who will contribute her extensive expertise on a key panel.

Marijo C. Adimey is scheduled to speak on the panel discussing ADR Strategies, a critical topic in the current legal landscape. With her vast experience in medical malpractice cases, Marijo will provide valuable perspectives on alternative dispute resolution (ADR) methods, offering attendees practical strategies to navigate complex negotiations and settlements.

The session on ADR Strategies will take place at 10:15 am, following a morning of discussions on Summary Judgment Practice. This panel, moderated by Kenneth A. Laub, Senior Counsel at Lewis Johs Avallone Aviles, LLP, will include other notable speakers such as Hon. Judith N. McMahon from the NY Supreme Court, Richmond County, and Jonathan S. Erman, a partner at Amabile & Erman, PC. Together, they will explore the evolving role of ADR in medical malpractice litigation, a subject of increasing importance as the legal community adapts to changes in both medical practices and jury dynamics.

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Our personal injury Law Firm has 12 personal injury attorneys recognized in the edition of Best Lawyers 2025Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is proud to announce that a total of 9 of our distinguished attorneys have been recognized in the 2025 edition of The Best Lawyers in America, and an additional 3 attorneys have been recognized in Best Lawyers: Ones to Watch in America. This significant honor highlights the firm’s ongoing dedication to excellence and its unwavering commitment to delivering outstanding results for our clients.

Honorees in The Best Lawyers in America (2025 Edition)

Marijo C. Adimey

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webinar on Ben's medical malpractice verdict of $120 million
NYSTLI Dean Anthony Pirrotti, Jr., Esq., will be hosting a Discussion with our managing partner and celebrated Trial Attorney Ben Rubinowitz, Esq.; Trial Judge Paul. I. Marx; and Defense Attorney Alfred Vigorito, Esq. next Monday May 20, 2024 from 5:00 to 7:00 PM ET.

Ben and our law firm handled a complex Stroke case  involving a 41-year-old individual who was employed, married, and had children. Due to alleged malpractice, he ended up in a nursing home, unable to care for himself or his family. We will discuss the development of this malpractice case, including medical and defense aspects, discovery, depositions, and Motions in Limine. We will emphasize the significance of pleadings and expert responses for both the plaintiff and defendant and how these issues influenced the trial.

Topics include jury selection, binding statements and omissions during jury selection and openings, cross-examination of plaintiff and defendant witnesses, dismissal of a third-party defendant, the potential repercussions of aggressively attacking a witness, leveraging the defendant doctor as an expert, and the introduction of newly asserted cross-claims at trial. Additionally, we will explore the understanding of 50-A and 50-B statutes, the concept of “Loss of Chance,” the valuation of loss of consortium claims, directed verdicts against a defendant, and the strategy of defendants pointing fingers at each other.

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