Articles Posted in Medical Malpractice
Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf Earns Top-Tier Recognition in 2025 “Best Law Firms” Rankings
In the 2025 edition of Best Law Firms, Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf has achieved a prestigious Metropolitan Tier 1 ranking for New York City, highlighting its exceptional skill and reputation in three areas of practice:
The Dangers of Relying on AI Transcription Tools in Medical Settings: A Medical Malpractice Lawyer’s Perspective
As AI technology advances, the medical field has seen promising integrations, from diagnostic support to patient care management. However, recent reports highlight a significant risk: AI-powered transcription tools, such as OpenAI’s Whisper, are making alarming errors, particularly in medical settings. Whisper’s tendency to produce fabricated content—what experts call “hallucinations”—poses serious risks when used in doctor-patient consultations. These inaccuracies have far-reaching consequences for patients and healthcare providers alike, particularly if faulty transcriptions lead to misunderstandings, misdiagnoses, or even medical malpractice.
AI Hallucinations: What Are They?
Unlike traditional transcription errors, hallucinations involve the AI creating statements that were never said. For instance, in routine testing, Whisper reportedly added imaginary medical treatments or racial commentary that was absent in the original audio. While these hallucinations are concerning across all fields, they are particularly dangerous in healthcare, where accurate record-keeping is critical. Errors or fabricated statements in medical notes can misinform other medical professionals, lead to incorrect patient care, or provide grounds for miscommunication-based legal issues.
Rachel Jacobs to Speak at Binghamton University’s Women in the Law Panel
Date: Wednesday, Oct. 9
Cost: Free
NYC Bar Association Medical Malpractice Institute 2024: Marijo C. Adimey to Speak on ADR Strategies
The New York City Bar Association is hosting a comprehensive all-day Institute focused on the evolving field of medical malpractice litigation on September 13th. This event will feature insights from various legal perspectives, including plaintiff and defense counsel, appellate counsel, and members of the judiciary. Among the distinguished faculty is our partner Marijo C. Adimey , who will contribute her extensive expertise on a key panel.
Marijo C. Adimey is scheduled to speak on the panel discussing ADR Strategies, a critical topic in the current legal landscape. With her vast experience in medical malpractice cases, Marijo will provide valuable perspectives on alternative dispute resolution (ADR) methods, offering attendees practical strategies to navigate complex negotiations and settlements.
The session on ADR Strategies will take place at 10:15 am, following a morning of discussions on Summary Judgment Practice. This panel, moderated by Kenneth A. Laub, Senior Counsel at Lewis Johs Avallone Aviles, LLP, will include other notable speakers such as Hon. Judith N. McMahon from the NY Supreme Court, Richmond County, and Jonathan S. Erman, a partner at Amabile & Erman, PC. Together, they will explore the evolving role of ADR in medical malpractice litigation, a subject of increasing importance as the legal community adapts to changes in both medical practices and jury dynamics.
Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf Celebrates 9 Attorneys Named in The Best Lawyers in America 2025 Edition and 3 Attorneys Named in Best Lawyers: Ones to Watch
Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is proud to announce that a total of 9 of our distinguished attorneys have been recognized in the 2025 edition of The Best Lawyers in America, and an additional 3 attorneys have been recognized in Best Lawyers: Ones to Watch in America. This significant honor highlights the firm’s ongoing dedication to excellence and its unwavering commitment to delivering outstanding results for our clients.
Honorees in The Best Lawyers in America (2025 Edition)
Webinar: A $120 Million Dollar Verdict – How did it Happen? Discussed from Start to Finish
NYSTLI Dean Anthony Pirrotti, Jr., Esq., will be hosting a Discussion with our managing partner and celebrated Trial Attorney Ben Rubinowitz, Esq.; Trial Judge Paul. I. Marx; and Defense Attorney Alfred Vigorito, Esq. next Monday May 20, 2024 from 5:00 to 7:00 PM ET.
Ben and our law firm handled a complex Stroke case involving a 41-year-old individual who was employed, married, and had children. Due to alleged malpractice, he ended up in a nursing home, unable to care for himself or his family. We will discuss the development of this malpractice case, including medical and defense aspects, discovery, depositions, and Motions in Limine. We will emphasize the significance of pleadings and expert responses for both the plaintiff and defendant and how these issues influenced the trial.
Topics include jury selection, binding statements and omissions during jury selection and openings, cross-examination of plaintiff and defendant witnesses, dismissal of a third-party defendant, the potential repercussions of aggressively attacking a witness, leveraging the defendant doctor as an expert, and the introduction of newly asserted cross-claims at trial. Additionally, we will explore the understanding of 50-A and 50-B statutes, the concept of “Loss of Chance,” the valuation of loss of consortium claims, directed verdicts against a defendant, and the strategy of defendants pointing fingers at each other.
Upcoming Event: Ben Rubinowitz to Speak at The Long Island Radiological Society Lecture Series
Our managing partner, Ben Rubinowitz, will be sharing his unparalleled expertise at the upcoming Long Island Radiological Society Lecture Series on May 14th, Ben will deliver a compelling presentation titled “How to Avoid Medical Malpractice & What to Do if You are Named in a Lawsuit,” aimed at equipping medical professionals with essential knowledge to navigate the complexities of medical malpractice claims.
About Ben Rubinowitz
Ben Rubinowitz has distinguished himself as a leading trial lawyer over an impressive 30-year career. His journey in law began as a prosecutor, a role that honed his formidable courtroom skills. Since joining Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf in 1989, Ben has specialized in representing severely injured plaintiffs in personal injury cases. His dedication and skill have not only resulted in numerous accolades, including being named Best Lawyers “Lawyer Of The Year” six times, but also reflect his commitment to his clients.
Ben Rubinowitz to discuss Medical Malpractice at the American Urologic Association National Meeting This Sunday
We are pleased to announce that Ben Rubinowitz, our managing partner and a distinguished trial lawyer with expertise in medical malpractice litigation, will be a featured speaker at the American Urologic Association National Meeting. This pivotal event is currently underway and will conclude on May 6th. Ben is scheduled to present on Sunday, May 5, 2024. His session, titled “MEDICAL MALPRACTICE: How to Protect Yourself and What to Do If You Are Named In A Lawsuit,” is indispensable for any medical professional seeking to navigate the complexities of medical malpractice law.
With more than three decades of legal experience, Ben has earned a formidable reputation as one of the top attorneys in America. He has been honored multiple times with the “Lawyer of the Year” award by Best Lawyers and is consistently ranked among the top ten lawyers in the New York Metro area by New York Super Lawyers. His career is marked by a commitment to those in critical need, securing numerous multimillion-dollar verdicts and settlements in intricate personal injury and medical malpractice cases.
One of his notable achievements includes a landmark $120 million verdict in a medical malpractice case against Westchester Medical Center. This case centered around the negligent handling of William Lee, a 41-year-old stroke patient, who suffered irreversible brain damage due to delayed medical response by the attending team. This verdict underscored the crucial importance of experienced and timely care in medical emergencies.
Navigating the Quagmire of TMJ Disorders: A Medical Malpractice Attorney’s Perspective
The recent investigative piece by KFF Health News and CBS News on the daunting realities faced by patients with temporomandibular joint (TMJ) disorders sheds light on a deeply troubling aspect of healthcare. The narrative, meticulously detailed through the experiences of patients like Lisa Schmidt and Jenny Feldman, echoes a recurring theme of misdiagnosis, ineffective treatments, and, most distressingly, a lack of accountability in the medical community. As medical malpractice attorneys, we see these stories not just as tragic accounts of individual suffering but as symptomatic of systemic failures in medical research, regulation, and treatment protocols.
The TMJ disorders, affecting up to 33 million Americans, exemplify a medical condition that has been marginalized and insufficiently researched. The journey of patients like Feldman, who has undergone at least 24 TMJ-related surgeries with little to no relief, underscores the dire need for a paradigm shift in how the medical community approaches TMJ. The investigation rightly points out that despite nearly a century of attempts to treat TMJ, the disorder remains widely misunderstood, and treatments often do more harm than good.