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 Firm News

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New York Personal Injury Attorneys Rubinowitz and TorganIn their recent trial advocacy column in the New York Law Journal, New York Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: Too often trial lawyers fail to maximize key points that, if fully developed during cross, will serve not only to discredit the witness, but to anger the jurors so that they begin to question and doubt your adversary’s entire case. A thorough line of attack with respect to a lie does not simply prove that a witness was dishonest, but explores the thought process that went into concocting the lie in the first instance, the motives behind that lie, and the ultimate goal that the witness hoped to achieve by engaging in such deception.

Read the complete column here

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“ Lissy McMahon’s sister, the executrix of her Estate made this video to express her appreciation for the NY Legislature passing Laverne’s Law. Our partner, New York Medical Malpractice Attorney Jeffrey Bloom has been relentlessly pushing for Lavern’s Law to pass. He is the co-chair of the Medical Malpractice Committee of the New York State Trial lawyers Association and co-chair of LawPAC of New York-the political action committee of the Trial Lawyers.  Recently, the New York State Legislature passed Lavern’s Law.  Jeff represented Lissy McMahon, a single mother who discovered that doctors misdiagnosed her cancer after the statute of limitations had passed.  Jeff and Lissy fought together to help pass Lavern’s Law. Unfortunately, Lissy passed away before the law was passed leaving behind her 4 year old son Jack.  Jeff now represents her estate.

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Our NY personal injury law firm is proud to announce that our attorneys Ben. B. Rubinowitz and Christopher J. Donadio obtained a $6.25 million verdict in a construction accident that occurred in Manhattan.

The case involved a construction worker, who was injured while performing brick restoration work on an apartment building. On the day of the incident, the worker was ordered to climb on to a rope scaffold that was positioned on the fourth floor of the apartment building to obtain tools needed for the brick work. The worker was unaware that the scaffold was not properly secured. While the worker was walking on the scaffold, it shifted and caused the worker to fall 30-40 feet on to the concrete courtyard below.

The worker was rushed to Harlem Hospital where he was diagnosed with fractures to his left elbow and pelvis. While in the hospital, he underwent an irrigation and debridement of his left elbow, as well as an open reduction internal fixation of the elbow. While in the hospital, the injured worker developed an ileus, which is a disruption in the normal operation of the bowels. As a result of the ileus, the worker suffered severe abdominal distension that was managed with nasogastric and rectal tubes. After a week at Harlem Hospital, the injured worker was transferred to Bellevue Hospital for a surgery on his pelvis consisting of an open reduction internal fixation, as well as for further management of his ileus.

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Our partner New York Medical Malpractice Lawyer  Jeffrey Bloom was recently invited to appear on Today’s Verdict show hosted by David Lesch to discuss legal malpractice and medical malpractice (see the video of the show below)

Our firm receives many phone calls from people who are upset with their lawyer or unhappy with the result of their lawsuit. Attorneys do make mistakes however not every mistake is grounds for a lawsuit. It is not just because you are upset with your lawyer that you can sue him. Someone has a legal malpractice case if it can be proven that not only the lawyer was negligent not but also that the client would have won the underlying case. This is also the reason why our firm  only handles legal malpractice cases related to personal injury including Medical Malpractice. Often cases we handle are related to issues involving missed statute of limitations and court deadlines.

In the video below Jeff  discusses a legal malpractice case in which the underlying case is a medical malpractice case that he is working on now. The case involves a patient who died in the emergency room of an Upstate New York hospital. The patient showed up at the emergency room complaining about chest pain. The nurse saw him and noted that the patient needed a cardiac consult. The patient  then waited for 4 to 5 hours to be seen. While waiting he died from cardiac arrest at the hospital.  The family of the victim retained a lawyer to sue the hospital. The lawyer who handled the case didn’t file the lawsuit and missed the statute of limitations date which is 2 years for wrongful death and 2 and a half years for medical malpractice. The lawyer then tried to forge documents to make his clients believe that the case was re-opened.

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New York Medical Malpractice Lawyer Jeff Bloom with client Lissy McMahonCancer patients who have been misdiagnosed by New York doctors or hospitals will now have a fairer chance to be compensated. Yesterday, the New York Senate finally passed the Lavern’s Law which is moving the starting date of the statute of limitations to the date of the discovery of the medical error instead of the date when the medical error was committed for cancer patients. The Assembly has also passed the law by a vote of 105-23. It will now be sent to The Governor to sign.

The original version of Lavern’s Law proposed to start the statute of limitations from the date of the discovery for all  medical malpractice cases  but a compromise had to be found with the Senate GOP.  Despite being a restricted version, the passage of this law is excellent news for many  cancer patients who were misdiagnosed but weren’t able to get compensation because the misdiagnosis was discovered too late.

Our partner, New York Medical Malpractice Attorney Jeffrey Bloom has been relentlessly pushing for Lavern’s Law to pass.  Jeff represented Lissy McMahon, a single mother who discovered that doctors misdiagnosed her cancer after the statute of limitations had passed.  Jeff and Lissy fought together to help pass Lavern’s Law. Jeff traveled to Albany to support the passage of the Law. Unfortunately, Lissy passed away before the law was passed leaving behind her 4 year old son Jack.

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New York Civil Right Attorney DonadioOur NY civil rights attorney Christopher J. Donadio recently lectured at the American Association for Justice Winter Convention in Austin, Texas. He was asked to speak at the convention to educate plaintiff’s lawyers from around the country on how to litigate cases where police officers have unlawfully used Tasers to injure innocent people.

As of 2016, over 97.5% of police departments in the United States employ officers that carry Tasers, devices that can incapacitate a person with electricity. Although Tasers can be useful in reducing the need for deadly force, unfortunately, many officers have used them inappropriately and severely harmed and/or killed innocent people. As a result, there has been a rise in lawsuits involving the excessive use of Tasers. Despite the seemingly straight forward nature of cases involving excessive force by the use of a Taser, there are complicated legal issues, including the Qualified Immunity Defense, that can prevent those injured from obtaining justice.

Unfortunately many innocent victims have been denied justice because their attorneys did not have the knowledge to negotiate the various complex legal issues. As a result of Mr. Donadio’s success in litigating Taser cases, he was asked to educate lawyers from all over the country as to what must be done to insure that their clients are not denied justice.

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Jeffrey-Bloom3On Wednesday, Our partner Jeffrey Bloom lectured and did a demonstration of a deposition of a defendant doctor in a medical malpractice case at Metropolitan Hospital Emergency Department Grand Rounds which was attended by New York Medical College emergency medicine faculty, residents, medical students and other observers and research staff.
Two days before Jeff was also invited by the NY Kings Supreme Court bench & court attorneys to present and discuss issues frequently encountered in the trial of a medical malpractice action in a “lunch and learn” program.

A co-chair of the Medical Malpractice Committee of the New York State Trial Lawyers Association and a member of the organization’s board of directors, NYC Medical Malpractice Attorney Jeff Bloom has lectured extensively to law students and fellow lawyers on the preparation and trial of medical malpractice lawsuits. He has also lectured in New York State Bar Association-sponsored programs entitled “Medical and Legal Issues in Breast Cancer and Gynecological Cancers and Surgery” and “Woman’s Health Issues and Malpractice.”

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NYC Construction Accident Attorneys Gair Rubinowitz DonadioOur NY personal injury law firm is proud to announce that our attorneys Ben. B. Rubinowitz, Anthony H. Gair and Christopher J. Donadio obtained a $5.85 million settlement in a construction accident that occurred in Queens.

The case involved a construction worker who was injured while performing asbestos removal work on a building rooftop in Queens, NYC. He fell 15-20 feet into the building when the roof collapsed in the area where he was working.

He was rushed to North Shore University Hospital where he was diagnosed with fractures to his spine. While in the hospital, he underwent a percutaneous fusion from the T10 vertebrae to the L2 vertebrae. He remained in the hospital for three and a half weeks after the accident. Following his discharge, he underwent several months of physical therapy and also received epidural steroid injections in his lower back.

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Rubinowitz-Ben-B_12d7428b-27a7-4195-bebc-7788dce430881Our managing partner, Ben Rubinowitz, will be lecturing at the Nassau County Bar Association on Tuesday, May 2, 2017 at 5:30pm.   The topic will be Direct and Cross Examination in a Medical Malpractice Case. Ben will provide tips and techniques for examining the Target Defendant Doctor, strategies for questioning the Plaintiff’s Expert as well as the Defendant’s Expert. Ben will also suggest  methods of setting up successful arguments for Summation through strategic direct and cross examination.  Examples from real cases will be used throughout the presentation.

Click here for more info or to register

 

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ben1Personal injury attorneys Ben Rubinowitz  and Doris Cheng are the directors of a new training program designed by the  National Institute for Trial Advocacy. Entitled “NITA Drills: a Witness Examination Boot Camp”, this rapid-fire 3-day program will take place June 19th thru June 21st 2017 at the NITA Education Center in Boulder, CO.

Taught by highly experienced trial lawyers, this program will focus on direct examination of of  witnesses, including impeachment and expert witness variations, as well as methods for delivering openings and summations. Using NITA’s method of learning by doing and limiting the enrollment to 24 people, this program will allow each participant to take their trial skills to the next level.

To register or to learn more about this program click here