Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Tagged with Ben Rubinowitz

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Ben-Article-Ben Rubinowitz, our managing partner, has long been recognized as one of New York’s top trial attorneys. Recently, he was featured in an article titled “Ben Rubinowitz and the Art of Argument” by Claude Solnik, which explores his unparalleled skill in simplifying complex cases and achieving justice for his clients.

Rubinowitz’s career is defined by record-breaking verdicts and a dedication to ensuring his clients receive not only compensation but systemic change when needed. Among his most notable cases is “Lee v. Westchester Medical Center”, where a misdiagnosed stroke led to a $120 million verdict. His argument boiled down to three impactful words: “Time is brain.” Rubinowitz emphasized how delays in treatment caused irreversible brain damage, leveraging his ability to focus jurors’ attention on the hospital’s negligence.

A Legacy of Record Verdicts

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New York Personal Injury Attorneys Rubinowitz and TorganIn an article published today in the New York Law Journal, Ben Rubinowitz and Evan Torgan write about the critical importance of expert cross-examination in trial advocacy. Their piece, titled “Expert Cross-Examination: Creating Maximum Mileage From an Expert’s Mistakes,” offers a deep dive into the strategies attorneys can employ to effectively challenge the credibility of expert witnesses.

The deadly Metro North Train AccidentDrawing on the IN RE METRO NORTH trial, presided over by Honorable Paul Marx in Westchester County Supreme Court, Rubinowitz and Torgan explore how meticulous preparation and a thorough understanding of the case can expose flaws in an expert’s analysis. Rubinowitz and Richard Steigman, served as lead trial counsel for all injured passengers, successfully leveraging cross-examination to reveal critical errors in the defense’s expert testimony, which played a significant role in the trial’s outcome.

This article is a valuable resource for attorneys seeking to refine their cross-examination techniques and underscores the impact that even minor discrepancies in expert reports can have on the credibility of testimony and the jury’s perception.

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webinar on Ben's medical malpractice verdict of $120 million
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.

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Ben to lecture on Medmal in Long Island NYOur 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.

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Personal Injury Lawyer Ben Rubinowitz at MAJ ConventionWe are thrilled to announce that Ben Rubinowitz, our esteemed managing partner and a renowned trial attorney, will be speaking at the Maryland Association for Justice Convention on Friday, May 10, 2024. Ben will co-present with fellow seasoned attorney, Robert Michael (Shadoan, Michael & Wells, LLP Rockville, MD) in an insightful session titled “From Chaos to Clarity: Using Case Framing.”

This morning session promises to be a captivating showcase of Case Framing in action. Attendees will have the unique opportunity to witness Ben Rubinowitz and Robert Michael dissect their approach to this powerful methodology. They will demonstrate how they transform complex legal challenges into clear, persuasive narratives, focusing on key ‘just can’t get over’ issues and utilizing ‘echoing’ principles to engage and persuade jurors effectively.

Interactive Presentation

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Medical Malpractice Lawyer Ben RubinowitzWe 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.

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case-analysis

Our managing partner, Trial Attorney Ben Rubinowitz going to be doing a Case Analysis hosted by Nathan Werksman on Trial Lawyers University about the $120 million medical malpractice verdict he just received in Westchester.  The webinar will be on January 10, 2024 at 1:30pm.

“Lee v Westchester Medical Center” is a legal case revolving around medical malpractice and delayed treatment. The patient, a 41-year-old man, suffered a Basilar artery stroke. His wife found him unconscious at 3 am, and he was subsequently transferred to Westchester Medical Center. Initially, the stroke was misdiagnosed by resident radiologist and neurologist as an infection or dissection, delaying the correct treatment by three hours. When a more experienced radiologist later identified the stroke, a thrombectomy was performed.

The plaintiff’s claim focused on this delay, arguing that it resulted in significant brain damage and severe short-term memory issues, depriving the patient of a chance for a better recovery. The defense conceded the misdiagnosis but argued that the stroke’s severity, not the delayed treatment, caused the brain damage. They posited that the damage occurred between 10 pm and the patient’s hospital arrival, and earlier treatment wouldn’t have altered the outcome.

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120M Verdict by our Medical Malpractice AttorneysIn a landmark decision that highlights the importance of timely medical intervention, a Westchester County jury awarded a record-setting $120 million in a medical malpractice lawsuit against Westchester Medical Center. This verdict, delivered on November 30, 2023, after a four-week trial, marks the largest award ever in a medical malpractice case in Westchester County.

The case revolved around the hospital’s negligence in treating 41-year-old William Lee, who suffered from a stroke in 2018. Rushed to the hospital by ambulance, Lee was the victim of a critical delay in treatment. The jury found that inexperienced doctors on call were responsible for a three-hour delay in removing a clot from Lee’s basilar artery. This delay led to extensive brain damage, necessitating lifelong care at a residential brain injury center.

The tragedy of this case is underscored by the extent of Mr. Lee’s injuries. The damage to his brain has severely impaired his judgment and short-term memory, rendering him dependent on round-the-clock care and unable to provide for his family. The compensation awarded includes provisions for his future medical needs, pain and suffering, loss of enjoyment of life, and compensation for his wife for the loss of his services and society.

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New York Personal Injury Attorneys Rubinowitz and TorganIn yesterday’s column in the New York Law Journal, our managing partner Ben Rubinowitz assisted by our associate Brian Karalunas  and Evan Torgan, a member of Torgan Cooper & Aaron wrote:

All attorneys must abide by the Rules of Professional Conduct, but many fail to realize that similar requirements apply to most individuals providing expert testimony. These standards can provide ammunition for impeachment when expert witnesses fail to abide by the ethical requirements of their field.

Read the column in the New York Law Journal 

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12 of our personal injury attorneys listed in Super LawyersCongratulations to the 12 attorneys at our firm who were included in this year’s 2023 New York Metro Super Lawyers and 2023 New York Metro Rising Stars lists. Among them, our managing partner, Ben Rubinowitz also made it to the top 10 New York Metro Super Lawyers while senior partners Jeffrey Bloom and Howard Hershenhorn were also listed in the top 100 New York Metro Super Lawyers.

For the 18th consecutive year, our firm was one of the personal injury law firms in New York City with the highest amount of attorneys listed in Super Lawyers. These attorneys are:

  • Ben Rubinowitz, selected for the 18th consecutive year and listed in the top 10 and top 100 2023 New York — Metro Super Lawyers
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