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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St John Episcopal HospitalThe tragic death of 24-year-old Tenisha Evans, a first-time mother who passed away just 15 days after delivering twin boys via C-section at St. John’s Episcopal Hospital in Far Rockaway, has left her family and community searching for answers—and justice. As New York birth injury lawyers, we know that stories like Tenisha’s are far too common, especially among Black and Brown women in the city.

Her family believes her death may be linked to complications from the cesarean section, yet they say the hospital has not provided any follow-up or explanation. “When she came home from the hospital, nobody reached out,” said her mother, Lynette Williams. “It’s like my other half is gone.”

Now, Tenisha’s newborn sons—Angel and Liam—are being raised by their grandmother as the family navigates unimaginable grief and the uncertainty of what legal options are available.

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AI in Healthcare is a major safety concernAs experienced New York medical malpractice attorneys, we closely monitor developments that could affect patient safety. One of the most pressing issues in 2025 is the insufficient governance of artificial intelligence (AI) in healthcare—ranked #2 on ECRI’s list of the Top 10 Patient Safety Concerns. While AI technologies have the potential to improve outcomes and streamline care, their unregulated use poses serious risks to patients across hospitals, surgical centers, and outpatient clinics throughout New York.

The Promise and the Peril of AI in Medicine

AI is increasingly integrated into healthcare: from interpreting radiology scans and generating clinical notes to assisting in diagnosis and patient scheduling. While these tools offer undeniable advantages—including increased efficiency, reduced clinician burnout, and improved decision-making—they also introduce new types of risk. AI models can be biased, opaque, and difficult to audit. And when AI makes mistakes, the consequences can be devastating.

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Top 10 patient safety concern from ECRIAs medical malpractice attorneys, we know how devastating medical negligence can be — and one of the most overlooked yet dangerous forms of negligence is dismissing patient concerns. According to the ECRI Institute, this issue ranks as the #1 patient safety concern for 2025, and for good reason. When doctors ignore, downplay, or fail to investigate symptoms, they put their patients at risk for misdiagnosis, delayed treatment, and serious harm.

Unfortunately, this is not a rare occurrence. A 2023 survey found that 94% of patients reported having their symptoms ignored or dismissed by a doctor. In medical malpractice cases, we often see that this type of negligence results in worsened conditions, unnecessary suffering, and, in some cases, preventable deaths.

What Is Medical Gaslighting—and When Is It Medical Malpractice?

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African American Patient with DoctorsIn the complex world of modern medicine, dismissing a patient’s concerns can have devastating consequences. As medical malpractice attorneys, we have seen firsthand how ignored symptoms, unheeded warnings from family members, and overlooked caregiver observations have led to severe patient harm—even wrongful death.

The legal system holds medical professionals accountable when they fail to provide proper care, but real change begins with prevention. That’s why we strongly encourage healthcare professionals, hospital administrators, patient advocates, and legal professionals to attend ECRI’s free webinar: “Risks of Dismissing Patient, Family, and Caregiver Concerns” on March 18, 2025, at 1:00 p.m. ET.

Why This Webinar Matters

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New-BornThe birth of a child should be a joyous occasion, but when medical negligence occurs, families may face devastating consequences. Birth injuries in New York City hospitals can leave newborns with lifelong disabilities, emotional trauma, and overwhelming medical expenses. As experienced NYC birth injury lawyers, we have seen how these preventable injuries impact families and are committed to holding negligent healthcare providers accountable.

Most Common Birth Injuries in NYC Hospitals

1. Brachial Plexus Injuries (Erb’s Palsy & Klumpke’s Palsy)

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COLORECTAL CANCER PREVENTION
March marks Colorectal Cancer Awareness Month, a time dedicated to educating the public about one of the most preventable yet deadly forms of cancer. Early detection through timely screenings can save lives, but when medical professionals fail to diagnose colorectal cancer in time, the consequences can be devastating. As colon cancer misdiagnosis lawyers, we have seen firsthand how delays in diagnosis or improper medical evaluations lead to advanced-stage cancer, unnecessary suffering, and even wrongful death.

The Importance of Early Detection in Colorectal Cancer

Colorectal cancer is the second leading cause of cancer-related deaths in the United States, yet it is highly treatable when detected early. Medical organizations such as the American College of Gastroenterology (ACG) stress the importance of regular screenings, particularly for individuals aged 45 and older or those with a family history of the disease. When properly diagnosed in its early stages, the survival rate for colorectal cancer is significantly higher.

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NYC medical malpractice lawyers Ben Rubinowitz, Jeffrey BloomWe are pleased to announce that our partners Ben B. Rubinowitz and  Jeffrey B. Bloom will speak at the New York State Judicial Institute’s 2025 Medicine for Judges Seminar. This two-day event is scheduled for March 4th and 5th, 2025.

On March 5th, both Mr. Rubinowitz and Mr. Bloom will share their extensive expertise in medical malpractice and personal injury law during the following sessions:

10:30 am–11:45 am (later start time due to Ash Wednesday) Common and Not So Common Scenarios That Give Rise to Difficult Issues in Medical Malpractice and Personal Injury Cases This session explores various typical and atypical scenarios in which complex legal challenges can arise in the realm of medical malpractice and personal injury law.

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Surgeons_at_Work
Informed consent is a cornerstone of ethical medical practice. It ensures that patients have a clear understanding of the risks, benefits, and alternatives of a proposed treatment or procedure before agreeing to it. However, when a healthcare provider fails to secure informed consent, patients may suffer harm due to decisions made without full knowledge of the potential outcomes. In such cases, patients may have grounds to file a medical malpractice lawsuit.

What Is Informed Consent?

Informed consent means that your doctor must provide you with all necessary information about a medical treatment or procedure so you can make an educated decision about whether to proceed. This includes:

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New York Medical Malpractice book coverThe NYC Personal Injury Law Firm of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf proudly announces the release of New York Medical Malpractice 2025. Co-authored by esteemed partners Howard S. Hershenhorn and Marijo C. Adimey, this indispensable treatise is set to become a cornerstone resource for legal practitioners and scholars navigating New York’s medical malpractice landscape.

A Practical and Comprehensive Guide

New York Medical Malpractice 2025 is far more than a legal textbook—it’s a hands-on manual tailored to meet the real-world needs of attorneys handling the complexities of medical malpractice cases. This resource marries theoretical knowledge with actionable strategies, equipping legal professionals with tools to tackle challenges at every stage of litigation.

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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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