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Rubenstein and Rynecki Law Firm

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Rubenstein & Rynecki
Attorneys at Law

16 Court Street
Brooklyn, New York 11241
718-522-1020
800-447-HURT

Quick Contact



Personal injury law firm in NY

Attorney Sanford Rubenstein Addresses the Press During the Abner Louima NYPD Police Torture Proceeding

Examples of Medical Malpractice in New York

Not every New York City medical action that harms a patient provides grounds for a medical malpractice lawsuit. The action must diverge from standard medical practices. Proving medical malpractice requires in-depth technical knowledge and expert testimony about departures from acceptable practices. At Rubenstein & Rynecki, our New York attorneys have access to medical experts who can help us determine a practitioner or hospital’s negligence, build strong cases and testify.

Never events

Some medical errors are more blatant than others. John Hopkins patient safety researchers studied national malpractice claims and categorized some medical malpractice occurrences as "never events" ― in other words, the event was totally preventable and never should have happened. They estimated more than 4,000 never events occur in U.S. hospitals every year. Examples of these flagrant events include:

  • A surgeon leaving a foreign object (such as a sponge or towel) in a patient's body
  • Performing an operation on the wrong body site (putting pins in the left hip instead of the right hip)
  • Performing the wrong procedure on a patient (removing tonsils instead of an appendix)
  • Performing unnecessary surgery on the wrong patient (patient mix-up)
  • Artificial insemination with wrong donor egg or sperm

Failure to diagnose

New York doctors who fail to refer a patient to a specialist or fail to recognize a potential condition and therefore do not order required diagnostic tests can fail to diagnose the patient. Other ways failures to diagnose can occur are by misdiagnosing the patient with a wrong disease or reading diagnostic tests incorrectly. No matter how the error in diagnosis occurs, it prevents patients from receiving vital treatment. When serious conditions like a heart attack or a particular type of cancer goes untreated, severe injury or death frequently results.

Birth injuries

Many birth injuries result from preventable medical errors. Obstetricians sometimes fail to provide mothers with proper prenatal care. Pregnant mothers should take folic acid within the first weeks of pregnancy. Folic acid deficiencies can result in abnormal fetal development, causing spinal defects or cleft palates. A doctor who fails to perform a timely C-section when the fetus is in distress can cause brain damage, cerebral palsy or a stillborn delivery. Doctors should recognize when the mother’s pelvis is not right for vaginal delivery or when the baby is too large for a safe natural childbirth.

Other examples of medical malpractice include:

  • Anesthesia errors
  • Prescription errors
  • Wrong treatment
  • Preventable emergency room delays
  • Unnecessary surgery

Rely on experienced New York City medical malpractice lawyers

Rubenstein & Rynecki and its previous firms have handled medical malpractice cases since 1972, obtaining many successful outcomes for clients. It costs you nothing to discuss your medical injury with us and find out whether we can help. No recovery, no fee. Contact us today for a free consultation.

Follow Rubenstein & Rynecki
Twitter: @RubRynLaw and @attyrubenstein
Facebook: on Facebook

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Scott Rynecki was selected a 2013 Super Lawyer by other injury attorneys. This honor is only given to the top 5% of attorneys.