Leading NYC Surgeon Accused of Medical Malpractice — Again

Leading NYC Surgeon Accused of Medical Malpractice — Again Hero Image

A New York doctor with a questionable history has more trouble on his hands after an exposé by the New York Post accused him of rampant medical malpractice on Sunday.

Ten lawsuits filed in the last 20 years suggest that Dr. Ira Kirschenbaum, the head of orthopedic surgery at Bronx-Lebanon Hospital Center failed to meet the duty of care required of medical professionals several times. Four patients have died in his care at the hospital, and others suffered lasting injuries, according to the Post.

Kirschenbaum’s behavior and questionable performance spurred spurred comments from his peers. An anonymous letter sent by seven staffers to a New York medical disciplinary panel highlighted his poor patient care, including failing to schedule timely procedures or mismanaging complications from surgery.

This isn’t the first time someone raised concerns about Dr. Kirschenbaum, either.

“I told Fuentes I could not sign off on a surgeon I didn’t even meet and had no idea how safe he was,” former Bronx-Lebanon chief of surgery Dr. John Cosgrove told the Post about Kirschenbaum’s hiring in 2008.

Medical malpractice settlements end up reported to the New York Department of Health. The DOH then marks a doctor’s online profile if they have more than three malpractice settlements in ten years. Kirschenbaum’s profile has gone unmarked, and it’s not clear if his history ever saw internal scrutiny.

Fighting Back Against Medical Malpractice

Medical malpractice is a harrowing situation where you’re left injured by medical professionals charged with making you better.

There are many examples of medical malpractice, and the U.S. Department of Health and Human Services received 433,151 adverse action reports between 2006 and 2016, including license suspensions, revocations, reprimands, and more aimed at punishing healthcare professionals for their mistakes.

Although malpractice may come in many different forms, lawsuits typically follow a specific pattern.

For a medical malpractice claim to succeed, you must prove a chain of elements, including:

  • A relationship where the doctor agreed to work for you;
  • The doctor owed you a “duty of care” to practice consistent with medical standards;
  • The doctor breached that duty of care;
  • Their breach led to your injuries; and
  • You suffered damages from the breach.

Injured parties can receive compensation for medical expenses, lost wages, pain and suffering, and more depending on your situation.

You shouldn’t have to suffer more if you’re a victim of medical malpractice. A knowledgeable medical malpractice attorney may be able to help you get justice for your injuries.

Right now, Bronx-Lebanon is standing by Dr. Kirschenbaum. The hospital’s lawyer told the Post the orthopedic surgeon is “a respected member of the medical staff.”

(Editor’s Note: This is a news story from the ‘Morgan Monitor,’ a news wire offering legal perspectives on news in your community.)

Feature photo not of knee surgery performed by Dr. Kirschenbaum.