Surgical Malpractice Lawyer NYC

Were You Injured during a Surgery?

Surgical Errors & ComplicationsThe medical malpractice attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have more than 100 years of experience representing patients who have been injured or have died as the result of surgery malpractice. Call us at (212) 943-1090 for a free consultation.

Our team of attorneys includes a board-certified physician and a professional registered nurse who can assist in reviewing your case and helping you to understand the full medical scope of your claim. Our firm conducts exhaustive investigations, and we retain the most qualified experts to bring a comprehensive level of expertise to surpass that on the other side. If necessary, we also retain expert accountants and financial analysts because many surgical error 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.

There are risks associated with every operation. Competent surgical care, however, can alleviate many of these risks. Surgical errors may occur during the operation or during pre- or post-operative care and can take the form of injuries to nearby structures, hemorrhage, infections, surgery on the wrong side of the body or on the wrong organ, or organ perforation. Surgical errors may occur in any type of surgical procedure and can be as overt as a doctor using contaminated instruments or leaving sponges in the body.

Common Surgical Malpractice Procedures
  • Simultaneous Surgeries or Concurrent Surgeries
  • Childbirth
  • Thoracic Surgery
  • Gynecological Surgery
  • Gastric Bypass
  • Cardiac Surgery
  • Gastrointestinal Surgery
  • Plastic Surgery
  • Blepharoplasty
  • Elective Plastic Surgery
  • ENT/head and neck surgery
  • Ophthalmologic surgery
  • Gallbladder surgery
  • Hernia surgery
  • Vascular surgery
  • Orthopedic surgery
  • Colon/rectal surgery
  • Spinal surgery
  • Neurological surgery
  • Laparoscopic surgery
  • Robotic surgery
  • Urologic surgery

If you have suffered a personal injury as a result of a surgical error or complications, please contact our firm to discuss your case.

Publications and Lectures
  • Profit v. Patient Care - The Dangers of Simultaneous Surgeries, Winter Urologic Forum sponsored by Columbia University, Vanderbilt University, and University of California Davis, January 2018
  • How to Handle Orthopedic and General Surgery Malpractice Cases, Law Journal Seminars-Press, 1981.
  • Breast Implant Litigation, Law Journal Seminars-Press, 1992 and 1993.
  • "Proving Medical Malpractice by a Physician Who Performs Elective Plastic Surgery," Medical Malpractice Law and Strategy, Vol. XX, No. 2, December 2002.
  • "Cosmetic Surgical Malpractice: Loss of Vision following Blepharoplasty," Medical Malpractice Law and Strategy, 2000.
Cases of Note

Our firm's surgical malpractice attorneys have achieved verdicts and settlements that are among the largest in New York and New Jersey. Some recent and notable results include:

  • $9,500,000 settlement in a medical malpractice case for brain damage to a young professional 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.
  • $9,400,000 in a Manhattan medical malpractice case in which a woman suffered brain damage following ambulatory gynecological surgery in which doctors failed to properly monitor her post-operative course in which she suffered an anoxic event was not timely treated.
  • $9,200,000 recovery against a doctor for failing to timely treat and improperly performing surgery on a small bowel obstructiona.
  • $9,000,000 settlement in a medical malpractice case involving surgery to remove fibroids in a young woman resulting in brain damage.
  • $9,000000 settlement for an 18-year-old man who suffered an anoxic brain injury during surgery
  • $8,000,000 recovery against a doctor for the failure to timely recognize a valvulus in a patient who had just undergone colon surgery.
  • $3,900,000 settlement in a medical malpractice case for a brain-damaged baby who was undergoing abdominal surgery when the doctor ordered a medication which caused the baby to suffer from a respiratory arrest.
  • $3,000,000 settlement (insurance policy limits) in a medical malpractice case for a woman who lost her leg as a result of improperly performed arthroscopic surgery of her knee.
  • $3,450,000 jury verdict for a patient who orthopedic surgeon lacerated his brachial artery. The injury which was not immediately recognized resulted in compartment syndrome of the patient's arm.
  • $2,500,000 verdict in a Rockland County medical malpractice case in which a gynecologist transected a 68 year old woman’s ureter resulting in the loss of a kidney.
  • $2,250,000 settlement in Nassau County for a prostate cancer patient who developed a fistula following a radical prostatectomy.
  • $2,000,000 settlement for the wife of a 76-year-old man from the Bronx who passed away due to fluid deprivation after undergoing spinal surgery.
  • $1,950,000 settlement in a medical malpractice case involving an improper incision during a cesarean section that led to the laceration and dissection of both ureters, resulting in the loss of one kidney.
  • $1,800,000 settlement for a patient whose bowel was lacerated during a hernia surgery.
  • $1,500,000 settlement for a patient whose surgeon removed the wrong rib.
  • $1,200,000 settlement for a patient who suffered an infection after a surgeon left two lap pads inside of her after a routine surgery.
  • $1,150,000 wrongful death settlement for the estate of an elderly patient who died after his colon was perforated during surgery
  • $1,000,000 settlement in a medical malpractice/wrongful death case during which two interventional cardiologist operated on a delivery driver and perforated one of the coronary arteries.

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, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf 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.

Client Reviews
"Very compassionate, very efficient and top rate! If you want a team of good lawyers that will not only work hard to win your case but knows how to listen and feel for you as a victim of medical malpractice, this firm is your only choice." [Extract] D.F.
"Everyone I communicated with at this firm made me feel like I was part of their family. My needs, feelings, and concerns were carefully considered and given the needed attention. My counselors were available whenever I needed them and became my personal friends. They came highly recommended and lived up to their reputation. I would recommend them to any of my friends without hesitation. This firm gives attorneys a "good name". Clients matter here. They made me feel like I mattered as a person, that I was valued, and not just a possible source of income for the firm. They earned their fees, and you will find that they will also earn your trust." N.W.
"My husband was in a coma with very little chances to survive, due to a car accident. The compassion and professionalism that they showed myself and my family during such a difficult time combined with an incredible willingness to get the best results for us have shown us that we had made the absolute best choice. They not only fought extremely hard for what proved to be a very difficult case, but they also emotionally helped us through this incredible ordeal and have been a caring advocate for our family and our case. They got us the best results we could have expected given the circumstances and didn't give up when things got more challenging." [Extract] V.P.
"August 2020, my mother was in a horrific car accident. I contacted Gair Gair Conason to handle my mother's case. Everyone at the firm who helped us with the case did such a fantastic job with being so efficient. We could not have been more satisfied with the services we received." [Extract] K.C.