Medical Malpractice

GGSMB&R has been named a Tier 1 firm in New York City for Medical Malpractice Litigation - Plaintiff by U.S. News – Best Lawyers ® “Best Law Firms” in 2015

Best Lawyers

Essentially, medical malpractice is negligence on the part of a doctor (or other health care provider). When a doctor (or other health care provider) departs from accepted medical practice, and injury or death of a patient occurs as a result of that deviation from the standard of care, the doctor (or other health care provider) can be liable for their actions. Under such circumstances, the patient is entitled to recover for past and future: pain and suffering, medical expenses, and loss of earnings. A spouse (or if a minor is injured, the parents) can recover for loss of services. In a death case, the next of kin can recover for their loss.

Medical Malpractice The attorneys at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz have more than 90 years of experience representing patients who have been injured or have died as the result of medical malpractice. Eight of our lawyers have been recognized in Best Lawyers in America in the area of medical malpractice. Additionally, attorney Jeffrey Bloom co-chairs the Medical Malpractice Committee of New York State Trial Lawyers.

At GGCSMB&R, we seek to help you recover compensation so that you can afford the care you need in order for you and your family to begin to recover. Our experienced medical malpractice attorneys will work with qualified experts in the medical profession to help prove your claim. Throughout your case we will remain attentive and responsive to your medical and legal needs and meticulously prepare your case for trial. When your family suffers as a result of negligence, you deserve maximum compensation. Our medical malpractice team can assist you with:

If necessary, we also retain expert accountants and financial analysts because many medical malpractice cases have their own set of associated losses including lost wages, the cost of care and many other monetary costs. In order to accurately assess what these costs will be for the remainder of a victim's life, we use financial professionals to derive fair resolutions for injury victims.

If you have suffered a personal injury as a result of malpractice, negligence or carelessness of a doctor or other health care provider, please contact our firm to discuss your case.

PUBLICATIONS and SEMINARS

In addition to successfully representing plaintiffs in a variety of medical malpractice matters, the attorneys at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz are sought out by the legal community for their expertise--our lawyers have written articles in the area of medical malpractice and have taught continuing legal education courses in the specialty of medical malpractice. Below are a list of publications from some of the lectures and courses in which our lawyers have been involved:

  • Preventing, Managing and Defending Claims ofObstetric Malpractice, sponsored by The American Conference Institute, 2012
  • The Attorney's Guide to Handling an Infant Brain Injury Case from Start to Finish, sponsored by The American Conference Institute.
  • Defending the Delivery Team: Obstetric Malpracticesponsored by Legal iQ, 2012
  • Hospital Liability presented by The New York State Trial Lawyers Association, 2011, 2012
  • The Mock Trial: A Case of necrotizing enterocolitis (NEC), sponsored by Winthrop-University Hospital, 2012
  • The Trial of A Medical Malpractice Case, sponsored by The Suffolk County Bar Association, 2012
  • Failure to Diagnose Breast Cancer: the perspective of a patient's attorney" in Handling the Failure to Diagnose a Breast Cancer Medical Malpractice Case, New York State Bar Association, 2007.
  • Malpractice in the Emergency Room, Practising Law Institute, 1988 and 1992;
  • Basic Medical Malpractice, Practising Law Institute, 1989.
  • "Medical Texts for Cross-Examination & Reference," in New Developments in Medical Malpractice, Practising Law Institute, 1974.
  • "Deposition of the Defendant in Medical Malpractice Cases" in Medical Malpractice Litigation, New York State Bar Association, 1994, 1996, 1999 and 2001, and in Prosecuting and Defending Medical Malpractice Claims, New York State Bar Association, 2003 and 2007.
  • Advanced Medical Malpractice Trial Techniques, Law Journal Seminars-Press, 2000.
  • Medical Malpractice, Federal Publications, 1985.
  • Advanced Medical Malpractice: Anesthesiology, General Surgery & Neurology, Practising Law Institute, 1983.
  • "Neurologic Malpractice: The Perspective of A Patient's Lawyer," in Neurologic Clinics, May 1999.
  • "Recovery for Mental and Emotional Distress," New York Law Journal, March 25, 1976.
  • "Medical Cross-Examination - Refusal to Recognize Medical Authorities," in Advanced Negligence Trial Strategy, Practising Law Institute, (co-author).
  • "Sample Direct Examination of a Medical Expert (Psychiatrist)" in Modern Trends in Medical Malpractice, Practising Law Institute, (co-author).
  • "Direct Examination of a Medical Expert", New York Law Journal, November 25, 2000
  • "Cross Examination of a Medical Expert", New York Law Journal, July 25, 2000
  • "Cross Examination of a Medical Expert: Collateral Attack", August 22, 2000
  • "Cross-Examination of Medical Doctors: Recurrent Themes," New York Law Journal, May 9, 2003
  • "Voir Dire in Medical Negligence Cases: A Plaintiff's Perspective," New York Law Journal, October 27, 2004
  • "Medical Malpractice: Using Defendants' Evidence Against Them" , New York Law Journal, December 30, 2004
  • "The Use of Authoritative Texts on Cross-Examination of Medical Experts," New York Law Journal, June 7, 2007
  • " Tips on Narrative Direct Examination" , New York Law Journal, September 23, 2004
  • "Proving Dental Malpractice in a Case of Osteoradionecrosis Following Tooth Extraction," Medical Malpractice Law & Strategy Vol. XIX, No.8, June 2002
  • Proving Medical Malpractice by a Physician Who Performs Elective Plastic Surgery, Medical Malpractice Law and Strategy, Vol. XX, No. 2, December 2002.
  • Orthopedic Malpractice: Failure to Diagnose Injury to Popliteal Artery, Medical Malpractice Law & Strategy, Vol. XVIII, No. 9, 2001.
  • Is It Necessarily Malpractice: Failure to Revise Shunt in Hydrocephalus Patient, Medical Malpractice Law and Strategy, Vol. XVI, No. 5, March 1999.
  • Prosecuting a Case of Failure to Diagnose Compartment Syndrome, Medical Malpractice Law and Strategy, Vol. XV, No. 12, October 1998.
  • Cosmetic Surgical Malpractice: Loss of Vision following Blepharoplasty, Medical Malpractice Law and Strategy, 2000.
  • Chemotherapy: Failure to Properly Treat Extravasation of Doxorubicin, Medical Malpractice Law and Strategy, Vol. XVIII, No.10, August 2000.
  • "Medical Malpractice Study: Disproving Frivolous Myth," The National Law Journal, July 3, 2006
  • "Harvard Study Ends Myth of Frivolous Malpractice Suits," New York Law Journal, May 26, 2006
  • "The Impact of Arons: A Look at the Court of Appeals Decision to Allow Ex Parte Interviews of Treating Doctors and Where We Go from Here," Bill of Particulars-New York State Trial Lawyers Association, Spring 2008
  • "A HIPAA Primer," Bill of Particulars-New York State Trial Lawyers Association, Winter 2006
  • "Failure to Diagnose Breast Cancer: the perspective of a patient's attorney" inHandling the Failure to Diagnose a Breast Cancer Medical Malpractice Case, New York State Bar Association, 2007.
  • "Deposition of the Defendant in Medical Malpractice Cases" in Medical Malpractice Litigation, New York State Bar Association, 1994, 1996, 1999 and 2001, and in Prosecuting and Defending Medical Malpractice Claims, New York State Bar Association, 2003 and 2007
  • "Erb's Palsy Cases: a plaintiff's perspective" in Obstetric Malpractice, 2003 and 2004
  • Trial of an Obstetrical Malpractice Case, Law Journal Seminars-Press, 1990, 1993, 1994, 1996, 1997, 1999 and 2001
  • Failure to Diagnose Fetal Distress, Law Journal Seminars-Press, 1991, 1992, 1994, 1995, 1997, 1998, 1999 and 2001
  • Failure to Diagnose Breast Cancer: the trial, Law Journal Seminars-Press, 1998 and 2000
  • Failure to Diagnose Breast Cancer, Law Journal Seminars-Press, 1993, 1995, 1998 and 1999
  • Failure to Diagnose Fetal Distress, Law Journal Seminars-Press, 1991, 1992, 1994, 1995, 1997, 1998, 1999 and 2001
  • Advanced Medical Malpractice Trial Techniques, Law Journal Seminars-Press, 2000
  • Failure to Diagnose Breast Cancer: the trial, Law Journal Seminars-Press, 1998 and 2000
  • Failure to Diagnose Breast Cancer, Law Journal Seminars-Press, 1993, 1995, 1998 and 1999
  • "Neurologic Malpractice: the perspective of a patient's lawyer," Neurologic Clinics, May 1999
  • "Failure to Diagnose Fetal Distress," Trial, September 1999
  • Fen-Phen: Medical Aspects and Potential Liability, Law Journal Seminars-Press, 1998
  • "Responding to Defenses in Erb's Palsy Cases," Trial, 1998
  • Breast Implant Litigation, Law Journal Seminars-Press, 1992 and 1993
  • Failure to Diagnose Cancer, Law Journal Seminars-Press, 1991 and 1992
  • Malpractice in the Emergency Room, Practising Law Institute, 1988 and 1992;
  • Current Trends in Hospital Liability, Law Journal Seminars-Press, 1981, 1985-1988 and 1990
  • Failures in Anesthesia Care, Law Journal Seminars-Press, 1984, 1985, and 1986
  • Obstetrical-Neonatal Malpractice and Brain Damage, Law Journal Seminars-Press, 1984, 1985, and 1986
  • Failures in Obstetrical and Neonatal Care, Law Journal Seminars-Press, 1982
  • How to Handle Orthopedic and General Surgery Malpractice Cases, Law Journal Seminars-Press, 1981
  • Anatomy for Lawyers, New York State Bar Association, 1980 and 1981
  • "Liability for Adverse Drug Reactions" and "Liability for Hospital Acquired Infections," in Hospital Liability and Risk Management, Practising Law Institute, 1981
  • "Preparation for and Presentation to the Medical Review Panel," in Hospital Liability, Practising Law Institute, 1979
  • "A Key to Medical Terminology," Trial Lawyers Quarterly 13:99, 1979
  • "New York Law on Wrongful Birth Cases," New York Law Journal, November 9, 1978
  • "Birth Control and Malpractice," Trial Lawyers Quarterly 10:86, 1974

CASES OF NOTE

The firm's medical malpractice attorneys have achieved verdicts and settlements that are among the largest in New York and New Jersey. Some of the more notable results include:

  • $103,000,000 verdict (one of the largest ever) in a Broome County medical malpractice case on behalf of a baby brain damaged at birth.
  • $90,939,857 jury verdict for a child whose cerebral palsy was due to the failure of an obstetrician to diagnose placental abruption and who thus delayed the cesarean section that was necessary to rescue the baby who was suffering from a lack of oxygen.
  • $17,250,000 verdict for a man who was rendered partially incontinent as a result of medical malpractice in failing to diagnose a spinal malformation.
  • $12,000,000 settlement for a man who was overradiated by the radiation center where he was treated for cancer.
  • $9,500,000 settlement for brain damage to a professional young woman who had surgery for her uterine fibroids but then had her endotracheal tube removed prematurely so that she stopped breathing on her way to the recovery room.
  • $9,200,000 settlement in a Brooklyn medical malpractice case in which doctors and hospital employees fail to timely diagnose and treat a small bowel obstruction which resulted in systemic infections, multiple surgeries, lengthy hospitalization, and the need for a kidney transplant.
  • $9,000,000 settlement for the wrongful death of a man who died at a hospital as a result of negligent post-operative care following colon resection surgery.
  • $8,000,000 settlement on behalf of an 18-year old boy in a New York medical malpractice lawsuit where a physician prescribed the medication Depakote without monitoring the boy's liver functions despite the known effects of Depakote on the liver. As a result of the failure to monitor the liver functions, the plaintiff sustained complete liver failure requiring a liver transplant and a hepatic encephalopathy resulting in brain damage.
  • $8,000,000 settlement in a medical malpractice case in which a woman was rendered brain damaged as a result of anesthesiologic malpractice .
  • $8,000,000 settlement for a woman in case in which doctors and hospital employees failed to timely diagnose a valvulus (twisting of the intestine) in a woman which cased multiple surgeries and hospitalizations and the need for an intestinal transplant.
  • $8,000,000 settlement on behalf of an 18-year old boy in a medical malpractice lawsuit where a physician prescribed the medication Depakote without monitoring the boy's liver function despite the known effects of Depakote on the liver. As a result of the failure to monitor the liver function, the plaintiff sustained complete liver failure requiring a liver transplant and hepatic encephalopathy resulting in brain damage.
  • $7,000,000 settlement on behalf of a mother who suffered brain damage during child birth when the epidural injection spread to her brain.
  • $6,100,000 settlement in a Dutchess County medical malpractice case involving the death of a woman after giving birth.
  • $5,500,000 settlement for a young child brain injured at birth due to medical malpractice by a New York doctor.
  • $5,400,000 settlement in a Monroe County medical malpractice case on behalf of an infant who suffered brain damage as a result of the doctors' failure to perform a timely caesarian section.
  • $4,850,000 recovery for a Kings County infant injured at birth as a result of fetal distress.
  • $4,800,000 verdict for a Brooklyn woman whose doctor treated her cancer with alternative medicine including enzymes and coffee enemas.
  • $4,750,000 verdict for a baby brain damaged because of fetal distress and failure to properly resuscitate.
  • $4,750,000 settlement in an obstetrical malpractice case in which a baby's brain damage was due both to the obstetrician's failure to diagnose fetal distress during labor and to the pediatricians' failure to resuscitate the newborn baby properly.
  • $4,500,000 settlement in a legal malpractice case involving a woman whose lawyer failed to file the proper paperwork with the court when she had a claim against her doctor for failing to properly treat her brain tumor.
  • $4,250,000 settlement in a New York Medical Malpractice case on behalf of a Queens man who sustained brain damage due to medical malpractice committed by an anesthesiologist while he was undergoing surgery for sleep apnea.
  • $4,000,000 verdict for a man who was negligently discharged from a medical center when he was suffering from a psychotic episode. He was struck by a train and suffered the loss of both legs.
  • $4,000,000 recovery for a Kings County man who was admitted to the emergency room after a bar fight and had sustained an undiagnosed subdural hematoma.
  • $4,000,000 recovery in a New York medical malpractice case for the failure to diagnose a an epidural hematoma causing brain damage.
  • $3,900,000 verdict for a newborn rendered brain damaged due to excessive drug (Fentanyl) administration following surgery for intestinal obstruction (meconium ileus) causing respiratory compromise and failure to timely resuscitate.
  • $3,375,000 Settlement in New York Medical Malpractice Case For Wrongful Death of a 46 year old husband and father of two children in which the patient died on the operating table during the performance of back surgery.
  • $3,500,000 settlement on behalf of a man injured as a result of improper administration of an anesthetic .
  • $3,000,000 recovery in a New York Medical Malpractice Case for an 18 year old girl who lost her leg as a result of a physician's malpractice in failing to diagnose a pseudoaneurism of the popliteal artery following an ACL repair. This was the full amount of insurance coverage.
  • $3,000,000 settlement in medical malpractice case on behalf of a woman who lost hearing in one ear and developed meningitis as a result of her doctors' failure to diagnose an acoustic neuroma.
  • $3,000,000 settlement (insurance policy limits) for a woman who lost her leg as a result of improperly performed arthroscopic surgery of her knee.
  • $3,000,000 settlement in a medical malpractice case for a child who suffered Erb's Palsy following a negligent delivery by his mother's obstetrician.
  • $3,000,000 settlement for a brain-damaged baby due to obstetrical malpractice. This was the total available proceeds from the municipality.
  • $3,000,000 settlement for the estate of a woman who died during childbirth as a result of the physician's failure to diagnose internal bleeding.
  • $2,750,000 settlement in a New York medical malpractice action on behalf of an elderly Queens woman whose doctors failed to properly provide anticoagulation therapy following a hip surgery which resulted in an ischemic stroke leaving her partially paralyzed and unable to speak.
  • $2,700,000 settlement in a medical malpractice case claiming a failure to administer anti-coagulation medication to a 78 year old woman following surgery resulting in a stroke.
  • $2,500,000 settlement in a medical malpractice case for a woman whose physician failed to timely diagnose bladder cancer.
  • $2,450,000 settlement in a New York Medical Malpractice case for the family of a Westchester County man who died as a result of a medical group's malpractice in failing to timely diagnosis and treat his heart condition which led to a fatal heart attack.
  • $1,850,000 recovery in a New York medical malpractice case for the death of a single man for failure to diagnose malfunction of a ventricular peritoneal shunt.

Disclaimer: Please be advised that the results achieved in any given case depend upon the exact facts and circumstances of that case. Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz cannot guarantee a specific result in any legal matter. Any testimonial or case result listed on this site is based on an actual legal case and represents the results achieved in that particular case, and does not constitute a guarantee, warranty or prediction of the outcome of any other legal matter.