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 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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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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Assembly Member Rodneyse Bichotte Hermelyn fights for better maternal careAssembly Member Rodneyse Bichotte Hermelyn was recently interviewed by  New York Family. Her advocacy and personal experiences shine a critical light on Maternal Health issues. As birth injury and maternal death attorneys dedicated to the protection and advancement of maternal health rights, we find Rodneyse’s story not only compelling but also deeply instructive.

Rodneyse Bichotte Hermelyn, serving as the Assemblywoman for New York State’s 42nd Assembly District and the Brooklyn Democratic Chair, has positioned herself at the forefront of the fight against the maternal health crisis affecting minorities. Her efforts are underscored by a painful personal narrative—a pre-term pregnancy loss that highlighted the stark deficiencies in maternal healthcare and communication. This experience catalyzed her commitment to improving maternal healthcare through legislative action, culminating in the enactment of the “Jonah Bichotte Cowan Law.”

Legal Implications and the Role of Attorneys

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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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cyber attack can arm patientsEvery year the ECRI Institute publishes a list of the most serious issues threatening patients and health workers safety.  The 2023 report recently came out and here is a summary of the top 10 patients safety concerns for 2023:

  1. The Pediatric Mental Health Crisis

    The COVID-19 pandemic has highly impacted children’s mental health issues, with girls more likely to be diagnosed with anxiety and depression and boys with attention deficit disorders. Additionally, the CDC recorded a significant increase in emergency room visits for suspected suicide attempts by 12- to 17-year-olds in 2020 and 2021 compared to 2019. Unfortunately, it is estimated that only 40% of children suffering from depression receive treatment.

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Health-Technoogy-Hazards-scaledWhile health technology is often synonymous with progress, some medical devices can be dangerous and lead to patient injury and death. Every, year the ECRI Institute compiles a list of the 10 most hazardous technologies in healthcare. This year the Top 10 health hazards are:

1. Confusing recalls of at-home medical devices

This health hazard arises from Philips’ chaotic recall of defective respirators that cost the lives of hundreds of  at home patients suffering from sleep apnea.  Between April 2021 and October 2022, the FDA received 260 reports of  patients who died while using the Philips respirator. The device was recalled but the manufacturer contacted mostly healthcare providers which were supposed to pass the information to their patients. The process was chaotic and many patients were never proprely informed. As a result, they continued to use the defective device and died. Some patients were contacted directly by the manufacturer, but the notification was unclear. The language was technological jargon that patients did not understand proprely.

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grand-round-1Our Managing Partner Ben Rubinowitz conducted Grand Rounds for the Department of Radiology at Mount Sinai Hospital in NYC. The talk was titled ”Preventing Medical Malpractice.” 

In this presentation Mr Rubinowitz showed real life examples of medical negligence and then cross examined various residents, fellows and attending physicians to educate them on medical errors that had taken place in the past that resulted in injury and death to his clients.

The point of the lecture and demonstration was to teach medical residents and attending physicians about medical failures which were preventable — but when not properly and timely addressed, those failures and omissions often lead to catastrophic injury.

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MeFDA-logodtronic HeartWare Ventricular Assist Device (HVAD) device caused the wrongful death of more than 3,000 people since it was introduced on the market more than 10 years ago. The sale and distribution of the heart pump was stopped in June last year but many patients still have the pump implanted in them. Now some of the batteries powering the device might be deadly too.

Medtronic announced last May that a model of battery that was powering the Medtronic HeartWare Ventricular Assist Device (HVAD) was defective and that it could cause serious personal injury or death if it was not changed for a new battery. An urgent Medical Device Correction letter was sent out by Medtronic to all affected customers on May 5th  recalling 429 devices manufactured in April 2021. Then a month later, after the company received 1,159 complaints including 6  injuries and one death, the recall of the same model of batteries was extended to those that were distributed since January 2009.

The recall affects 23,372 Medtronic HVDA Batteries with model number 1650DE that were distributed between January 1st 2009 and now

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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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