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
  • Gynecologic 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 gynecologic 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.
  • $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.
  • $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.
  • $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. Anthony Gair, was always there for us all throughout the case albeit the distance from NY to Manila! Words cannot express how thankful we are to him and his team. Thanks a million!" 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.
I met Diana Carnemolla and Howard S. Hershenhorn during the darkest time of our lives, when 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. We would absolutely recommend their Law Firm to handle the toughest of cases while providing such a great deal of personal support. Diana proved to be personally invested in our case ultimately seeking the best outcome for our family. We cannot thank them enough for what they have done for us. V.P.
"I’m very impressed by the professional services of this law firm Gair Gair Conason. Most importantly Diana M.A. Carnemolla, Esq. She performed impeccable work ethics and professionalism whole time throughout, with her constant follow ups and communication skills, for that I’m very appreciative of. 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. Diana M.A. Carnemolla, Esq. was so fast, quick answer for every question that we asked and gave us honest information about the possibilities concerning the case. She resolved our case much faster that I would expect. Thank you so much! I am very happy with this law firm. Especially the outcome from it all and how easy they helped make it be for us. We had a tough case to fight regarding the incident with the other driver, thankfully it all worked out in my mothers best interest. Diana M.A. Carnemolla helped us settle our case easily, helped us get out of it with a much needed win. I’m surprised it wasn’t as bad of experience as I thought it would be. We were pretty worried in the beginning with much thanks to this team they’ve helped solve this for my mother and put much of my worries as well as my mothers to ease. Thank you again from my family to your whole team for an awesome job!! I would highly recommend this law office to anyone in need of outstanding representation." K.C.