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 new york medical malpractice lawyer

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Our partner New York Medical Malpractice Lawyer  Jeffrey Bloom was recently invited to appear on Today’s Verdict show hosted by David Lesch to discuss legal malpractice and medical malpractice (see the video of the show below)

Our firm receives many phone calls from people who are upset with their lawyer or unhappy with the result of their lawsuit. Attorneys do make mistakes however not every mistake is grounds for a lawsuit. It is not just because you are upset with your lawyer that you can sue him. Someone has a legal malpractice case if it can be proven that not only the lawyer was negligent not but also that the client would have won the underlying case. This is also the reason why our firm  only handles legal malpractice cases related to personal injury including Medical Malpractice. Often cases we handle are related to issues involving missed statute of limitations and court deadlines.

In the video below Jeff  discusses a legal malpractice case in which the underlying case is a medical malpractice case that he is working on now. The case involves a patient who died in the emergency room of an Upstate New York hospital. The patient showed up at the emergency room complaining about chest pain. The nurse saw him and noted that the patient needed a cardiac consult. The patient  then waited for 4 to 5 hours to be seen. While waiting he died from cardiac arrest at the hospital.  The family of the victim retained a lawyer to sue the hospital. The lawyer who handled the case didn’t file the lawsuit and missed the statute of limitations date which is 2 years for wrongful death and 2 and a half years for medical malpractice. The lawyer then tried to forge documents to make his clients believe that the case was re-opened.

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New York Medical Malpractice Lawyer Jeff Bloom with client Lissy McMahonCancer patients who have been misdiagnosed by New York doctors or hospitals will now have a fairer chance to be compensated. Yesterday, the New York Senate finally passed the Lavern’s Law which is moving the starting date of the statute of limitations to the date of the discovery of the medical error instead of the date when the medical error was committed for cancer patients. The Assembly has also passed the law by a vote of 105-23. It will now be sent to The Governor to sign.

The original version of Lavern’s Law proposed to start the statute of limitations from the date of the discovery for all  medical malpractice cases  but a compromise had to be found with the Senate GOP.  Despite being a restricted version, the passage of this law is excellent news for many  cancer patients who were misdiagnosed but weren’t able to get compensation because the misdiagnosis was discovered too late.

Our partner, New York Medical Malpractice Attorney Jeffrey Bloom has been relentlessly pushing for Lavern’s Law to pass.  Jeff represented Lissy McMahon, a single mother who discovered that doctors misdiagnosed her cancer after the statute of limitations had passed.  Jeff and Lissy fought together to help pass Lavern’s Law. Jeff traveled to Albany to support the passage of the Law. Unfortunately, Lissy passed away before the law was passed leaving behind her 15 year old son Jack.

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New York Medical Malpractice Lawyer Jeffrey BloomBy: Jeffery B. Bloom; 

Tort reformer Michelle Mello is at it again, this time in the latest New England Journal of Medicine writing about the proposals from Sec. Tom Price and the US House. Instead of caps (about which she states: “caps have not been shown to improve the quality of care, a key goal of the tort system”), Mello is now criticizing the proposals in the US House bills while praising health courts which she calls administrative compensation systems (and others would call a proposal for eliminating the right of trial by jury).

As to safe harbor for doctors who adhere to evidence-based practice guidelines, she concedes that these safe harbors are NOT effective in reducing liability claims or costs.

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Jeffrey-Bloom3On Wednesday, Our partner Jeffrey Bloom lectured and did a demonstration of a deposition of a defendant doctor in a medical malpractice case at Metropolitan Hospital Emergency Department Grand Rounds which was attended by New York Medical College emergency medicine faculty, residents, medical students and other observers and research staff.
Two days before Jeff was also invited by the NY Kings Supreme Court bench & court attorneys to present and discuss issues frequently encountered in the trial of a medical malpractice action in a “lunch and learn” program.

A co-chair of the Medical Malpractice Committee of the New York State Trial Lawyers Association and a member of the organization’s board of directors, NYC Medical Malpractice Attorney Jeff Bloom has lectured extensively to law students and fellow lawyers on the preparation and trial of medical malpractice lawsuits. He has also lectured in New York State Bar Association-sponsored programs entitled “Medical and Legal Issues in Breast Cancer and Gynecological Cancers and Surgery” and “Woman’s Health Issues and Malpractice.”

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New York Medical Malpractice Attorney Marijo AdimeyA NYC Medical Malpractice  case in which our partner Marijo Adimey won a 1.27 million verdict was featured by Lexis Nexis as their case of the week. Marijo successfully represented a 64 year old woman from Kings County, Brooklyn, who suffered ruptured spleen during a colonoscopy after the doctor used excessive force. A detailed overview of the case can be found on the Lexis Nexis Litigators’ Verdict & Settlement Exchange. Congratulations Marijo!

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Rubinowitz-Ben-B_12d7428b-27a7-4195-bebc-7788dce430881Ben Rubinowitz, a partner at our firm, has been asked by the Mount Sinai School of Medicine to deliver a Grand Rounds lecture to its radiologists. This talk will specifically focus on medical malpractice and communication issues that lead to medical negligence. Throughout his 30 years as a trial lawyer, Ben has been lecturing to doctors, lawyers and patients concerning all areas of medical malpractice and personal injury. Ben’s lecture will take place on February 8, 2017.

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New York Medical Malpractice Attorney Mariojo AdimeyOur firm is proud to announce that New York Medical Malpractice Lawyer Marijo C. Adimey obtained a $1.27 million verdict in a colonoscopy case in Brooklyn, New York City.

The plaintiff, Lola Heifetz (63), went to Dr. Robin Baradarian and The Brooklyn Gastroenterology and Endoscopy, PLLC on September 26, 2010 for a routine screening colonoscopy. Ms. Heifetz, of Ukraine descent, emigrated to the United States over thirty (30) years ago. She learned English, became a U.S. citizen, obtained her lab technician certificate, and started working as a lab technician at Maimonidies Medical Center. She worked at Maimonidies Medical Center for almost thirty (30) years until the day of the colonoscopy.

A colonoscopy is a screening and diagnostic tool used by gastroenterologists to evaluate the inside of the colon and identify ulcers, colon polyps, tumors, and areas of inflammation or bleeding. Performed under a mild form of anesthesia, a thin, flexible tube is used to examine the inner lining of the large intestine, i.e. the rectum and colon. The scope is inserted into the anus, through the rectum and then passed through the entire large intestine to the cecum. Passage of the colonoscope through the intestine is incredibly important, as improper handling of the scope could cause injury to not only the bowel itself, but vital organs outside the bowel including the spleen.

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Failure to diagnose breast cancer at an early stage or delay in treating breast cancer early can have deadly consequences. Early detection of the disease through regular screening such as mammogram is essential for every woman over 40 year old. According to Cancer.net, women who are diagnosed when the cancer is located only in the breast have an almost 100% chance to survive for at least 5 years. If the cancer is detected after it spread to the regional lymph nodes, the 5 year-survival rate is 85%. A woman diagnosed with breast cancer that spread to another part of her body has a 26% chance to survive more than 5 years.

Statistics also indicatewho is not getting mammogram that only 61% of breast cancers are diagnosed at an early stage. Unfortunately, despite campaigns such as the Breast Cancer Awareness Month that ended Yesterday,  too many women over 40 years old are still not getting regular mammogram.  29% of women who have health insurance and should be screened are still not doing it. Among women who do not have health insurance, as many as 68% of them are not getting mammograms. Not having an insurance is not an excuse for not getting regular mammograms. In every city, charitable organizations offer free screenings for women who can’t afford to pay for them. In New York our firm is sponsoring free mammography vans through the Judges and Lawyers Breast Cancer Alert.

FAILURE TO DIAGNOSE BREAST CANCER CAN BE MEDICAL MALPRACTICE

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jbOur partner Jeffrey Bloom will be talking about Medical Malpractice at the next “Bridging the Gap Winter 2016” program. This seminar is organized by the New York State Bar Association. It is primarily intended to help newly admitted lawyers to bridge the gap between law school and the reality of practicing law in New York State. This two-day program  will take place on November 30 and December 1st at the CUNY Auditorium of the Graduate Center, 365 Fifth Ave in Manhattan. It will be broadcast to Albany, Buffalo and Boston in an interactive video conference format. Participants will be able to interact directly with other participants or speakers in other locations. The program will also be streamed on a live webcast. This two-day program offers 16.0 MCLE credits. It covers various areas of law.

Jeff Bloom will speak on “Cross Examination of an Expert Witness in a Medical Malpractice Case”.  A top New York  Medical Malpractice Attorney, Jeff has built his reputation trying numerous cases involving failure to diagnose cancer, surgical errors as well as cerebral palsy. Jeff recently represented Melissa Rivers after her mother, Joan Rivers died during a routine surgical procedure. He obtained a confidential but substantial settlement for the Rivers family. Jeff  is also actively involved in pushing New York lawmakers to pass Lavern’s Law. The proposed law would be especially useful for cancer patients who have been misdiagnosed but can’t sue because of the statute of limitations.

Mr. Bloom describes his view of his work as follows: “One of the most difficult events a person may ever encounter is being told that he or she has a serious illness such as cancer. Even more devastating, however, is the realization that the disease should have and could have been diagnosed earlier. As a medical malpractice attorney, my role is to prove this medical negligence to the jury with the ultimate goal of securing a substantial award as compensation for the losses suffered by our clients.”

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