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 Posted in Trial Advocacy

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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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NYC Medical Malpractice Lawyer Marijo AdimeyThe 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.

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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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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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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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Ben Rubinowitz Trial LawyerAre you disciplined enough to keep going even when you’re tired? Practicing law can feel like an endurance test, but discipline is critical if you want to be a champion trial lawyer.

In the last episode of Trial Lawyers University (click to listen), Dan Ambrose is joined by veteran trial lawyer Ben Rubinowitz, our Managing Partner. As a leading trial lawyer, Ben’s successes include 28 verdicts and over 180 settlements in excess of one million dollars in cases arising out of car accidents, premises accidents, construction accidents, medical malpractice, civil rights violations and product liability.

Tune in as Dan and Ben discuss how discipline is the key to success as a trial lawyer, why virtual trials are a bad idea, and the time that Ben interrupted the best opening statement of his life to jump over a jury box and render CPR to a juror.

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Best Lawyers 2024 a global triumph for our personal injury law firmIn the dynamic and ever-evolving world of law, few accomplishments resonate as profoundly as those that redefine excellence itself. Today marks a significant milestone for all of us at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, as we celebrate the exceptional achievements of our Managing Partner, Ben Rubinowitz who was named “Lawyer of the Year” twice by The Best Lawyers in America (2024 Edition) in “Personal Injury Law – Plaintiff in New York City” and “Product Liability Law – Plaintiff in New York City. Ben was also included in the 2024 edition of Best Lawyers® Medical Malpractice Law and Legal Malpractice Law – Plaintiffs in New York, New York.

This remarkable recognition for Ben Rubinowitz is a testament to the collective ethos of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. 11 other of our NYC Personal Injury Attorneys have been acknowledged in the Best Lawyers® 2024 list and the “Ones to Watch” list, exemplifying our commitment to excellence and ethical standards.

7 attorneys were named “Best Lawyers” in multiple practices:

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