New York Personal Injury Attorneys Blog

Published on: June 21, 2008

Ben Rubinowitz – New York Law Journal May 29, 2008

Trial Advocacy
Thursday, May 29, 2008 By Ben Rubinowitz and Evan Torgan”

Ben Rubinowitz, a partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf and Evan Torgan, a member of Torgan & Cooper, write that “in any personal injury case, effective cross-examination is essential to win the battle of medical experts. However, many lawyers don’t prepare their examination of the opposing expert until the night before the actual cross takes place. The well-prepared lawyer knows better – a winning cross is prepared months in advance of trial.”

Published on: June 17, 2008

Racial Profiling- The Sean Bell Case

By GGCRBHS&M

It is doubtful the the U.S. Dept of Justice will Prosecute the New York City Police Officers who shot and killed Sean Bell under 18 U.S.C. Section 242 for willfully violating his constitutional rights. The Guidelines in the U.S. Attorney’s manual governing Dual and Successive Prosecutions known as the Petite Policy require that three substantive prerequisites be satisfied;

1. The matter must involve a substantial Federal interest.

2. The prior prosecution must have left that interest demonstrably unvindicated.

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Published on: June 11, 2008

MEDICAL MALPRACTICE

By GGCRBHS&M

A Study To End the Frivolous Malpractice Lawsuit Myth

This article written by our partner Jeffrey B. Bloom in 2006 is just as relevant today as it was then.

“Last week, within days of the U.S. Senate performing its annual rite of taking up and then denying cloture to a bill to limit the rights of medical malpractice victims and cap damages in medical malpractice cases, a study was released which clearly demonstrates that our current tort system is working quite well in ensuring that the vast majority of cases are valid claims and that frivolous or non-meritorious malpractice cases are rarely brought and hardly ever result in damages being unjustly paid.

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Published on: June 8, 2008

Ben Rubinowitz co-tried lawsuit against Diocese of Rockville Centre

By GGCRBHS&M

From USA Today – Michael Dowd, center and Ben Rubinowitz, attorneys for the plaintiffs in $150 million lawsuit against Diocese of Rockville Centre, embrace after the jury returned a verdict in their favor, Friday, May 18, 2007 in Mineola, N.Y.. Awarding their clients a combined a combined $11.4 million in damages, the jury found the nation’s sixth-largest Roman Catholic diocese and a church parish negligent in a case involving a youth minister who repeatedly raped and sodomized teenagers in his care over several years. Kevin McNiff, the attorney representing the Diocese of Rockville Centre, is seen at left rear.

Published on: June 1, 2008

Safety summit follows New York City crane collapse

By GGCRBHS&M

NEW YORK (AP) – Building department officials gathered for an emergency safety summit Saturday after the city’s second deadly crane collapse in recent weeks, while lawmakers warned of dangers in New York’s building boom – especially the 250 cranes still up in the sky.

“I don’t want to hear from more constituents that they’re afraid to sit on their couches,” City Council member Jessica Lappin said at a news conference near the site of the accident on Manhattan’s Upper East Side.

She joined Manhattan Borough President Scott Stringer, who called on the city to treat rising buildings as “a public safety crisis,” with the police and fire departments forming a task force with investigators and other experts to keep close watch on all construction.

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Published on: May 31, 2008

PRESENTATION OF DAMAGES IN A PERSONAL INJURY CASE

By GGCRBHS&M

By: Anthony H. Gair and Howard S. Hershenhorn Gair Gair Conason Steigman&Mackauf

I. THE STARTING POINT

In order to maximize the eventual recovery on behalf of a plaintiff, a solid foundation supporting the damages claimed must be built. The construction of this foundation begins at the first interview with the plaintiff.

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Published on: May 25, 2008

Medical Malpractice, failure to diagnose injury to the popliteal artery

By GGCRBHS&M

By Anthony H. Gair, Gair Gair Conason Steigman Mackauf Bloom&Rubinowitz

The popliteal artery is the major source of blood supply to the lower leg. The femoral artery becomes the popliteal artery as it passes through the hiatus of the adductor magnus muscle and enters the popliteal fossa. It generally ends at the inferior border of the popliteus muscle where it divides into the anterior and posterior tibial arteries. It lies directly behind the posterior horn of the lateral meniscus.1 Injuries to the popliteal artery during anterior cruciate ligament reconstruction or arthroscopic meniscectomy are extremely rare.2 The popliteal artery is closely related to the posterior capsule of the knee joint, being separated from it only by a small amount of fat. The artery also kinks forward when the knee is flexed, placing it close to the posterior horn of the medial meniscus. It is thus imperative that surgery in the posterior aspects of the knee is performed under direct visualization. If an arterial injury is suspected following surgery of the knee an opinion from a vascular surgeon should be sought urgently.

As a New York medical malpractice attorney we understand the delayed recognition of a popliteal artery lesion is a major cause of amputation of the affected extremity. Further, true spasm of the popliteal artery is rare. It is thus dangerous to diagnose arterial spasms since in reality thrombosis is usually present. It is further, axiomatic that the absence of pulses in an extremity is due to arterial injury until proven otherwise. Additionally, compartment syndrome may accompany vascular injury secondary to prolonged ischemia, venous injury or partial laceration to the artery with bleeding into the compartments.

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