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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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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Ben-RubinowitzIf you’ve ever been captivated by courtroom dramas, chances are you’ve wondered about the intricate dance that is cross-examination. It’s the moment when a trial lawyer takes center stage, deftly questioning a witness from the opposing side. It’s a battle of wits, a strategic display of skill, and an art form all its own. And now, an opportunity to unravel the secrets behind a “killer cross” is just around the corner.

Mark your calendars for Tuesday, September 12th, as the renowned trial lawyer, Ben Rubinowitz, steps into the spotlight at the Golden Gate University School of Law’s Litigation Center. With a reputation that precedes him, Rubinowitz is set to share his wisdom, experience, and insights on mastering the art of cross-examination.

What to Expect:

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Join New York Personal Injury Lawyer Ben Rubinowitz for Trial SchoolAre you a legal professional looking to enhance your trial advocacy skills and achieve greater success in the courtroom? We invite you to attend Trial School, a one-day event taking place on July 19th in White Plains, NY. Led by renowned faculty members Ben Rubinowitz, Jeff Korek, and Andrew Finkelstein, this program offers invaluable insights and practical strategies to elevate your courtroom performance. Don’t miss this opportunity to learn from respected figures in the field and network with peers who share your passion for the law.

Exploring the Intricacies of Jury Selection: One of the crucial elements in a successful trial is selecting the right jury. At Trial School, you will delve into the intricacies of jury selection and learn how to identify potential biases and prejudices. Discover effective techniques for striking a balance between objective analysis and intuitive decision-making, enabling you to build a persuasive case from the start.

Mastering the Art of Cross-Examination: Cross-examination is an art that requires meticulous planning, quick thinking, and effective communication skills. During this program, you will gain comprehensive knowledge of cross-examination techniques that can help you challenge witness testimony, highlight inconsistencies, and strengthen your case. Learn from experienced practitioners who will share their insights and guide you through real-life scenarios.

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NYSLTAJust a friendly reminder that tomorrow, The New York State Trial Lawyers Association is hosting a daylong continuing legal education (CLE) master series. This event offers a unique opportunity to gain insights from some of the most successful trial attorneys of the past half-century. The faculty, chaired by our esteemed managing partner Ben Rubinowitz and featuring our partner Marijo Adimey, collectively represent over 200 years of invaluable experience. NYSTLA President Thomas P. Valet describes this event as an “unprecedented coming together” of legal talent.

Don’t miss out on this exceptional event! Join us tomorrow for a day filled with enriching discussions and invaluable knowledge-sharing. Register now to secure your spot at this esteemed webinar panel.

Event Details:

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