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.
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Howard S. Hershenhorn and Christopher L. Sallay will serve as Overall Planning Chairs of the New York State Bar Association’s Construction Site Accidents: The Law & the Trial 2012 Seminar. Anthony H. Gair and Ben B. Rubinowitz will also be speaking at the event. Ben B. Rubinowitz is also the chair of the Long Island seminar. The Seminar will be held at the following locations:

Friday, November 30, 2012

– Location –

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Jeffrey Bloom spoke on Breast Imaging Malpractice:An Attorney’s Perspective:for the Plaintiff, at this seminar sponsored by The International Institute for Continuing Medical Education, Inc. (IICME). The seminar was held at The New York Academy of Medicine New York, New York from October 15-17, 2012.

The International Institute for Continuing Medical Education, Inc. (IICME) was formed in 1995 and is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians.

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On May 23, 2012, a healthy 41 year old mother of three, Yolanda Medina, was admitted to Montefiore Medical Center for the sole purpose of donating a healthy kidney to her brother, Roberto Medina, who suffers from end-stage renal disease. The surgery went horribly wrong – – Yolanda Medina died during the surgery and her brother never received the kidney. To this day, he remains on dialysis.

The events surrounding the death of Yolanda Medina made national news. The case was one that cried out for resolution. Clearly, the hospital was at fault. And just as clearly, the lives of Yolanda Medina’s three young daughters were turned upside down.

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JBB.jpg Our Partner Jeffrey B. Bloom will once again be speaking at this popular seminar. Jeff will be speaking on Wednesday, October 3, 2012 at the New York Hotel Pennsylvania 401 Seventh Avenue (at 33rd St.).

All attorneys are eligible to attend this program! Newly admitted attorneys can satisfy all of their annual MCLE requirements by attending this two-day program which is ideal for “bridging the gap” between law school and the realities of practicing law in New York State. Experienced attorneys who have an interest in other areas of practice can also attend and benefit from this program by learning practical information from skilled and experienced practitioners!

This two-day program will cover different topics in various areas of practice on each day and offers a total of 16.0 MCLE credits: 1.5 in ethics, 3.0 credits in skills, and 3.5 in areas of professional practice each day.

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From The Daily Beast; By Lizzie Crocker;

“Groundbreaking new research has discovered four distinct types of breast cancer, possibly opening the door to better treatment. What you should know about the study one of its authors called ‘the breast-cancer equivalent of putting a man or woman on the moon.’ “

The Study’s Purpose

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Medical errors kill enough people to fill four jumbo jets a week. A surgeon with five simple ways to make health care safer.

From The Wall Street Journal By Dr. MARTY MAKARY;

“When there is a plane crash in the U.S., even a minor one, it makes headlines. There is a thorough federal investigation, and the tragedy often yields important lessons for the aviation industry. Pilots and airlines thus learn how to do their jobs more safely.

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By Anthony H. Gair
Preparing the plaintiff for deposition in a personal injury action is perhaps the most neglected element in personal injury cases. Before the plaintiff’s deposition is conducted, the defendant’s counsel has been served with a Bill of Particulars, has obtained all available medical records and police reports and has visited the scene. That information will be used during the plaintiff’s deposition. How do you prepare your plaintiff. Some basic rules are worth remembering.

Rule 1. – Know Your Plaintiff

Your plaintiff’s knowledge and his ability to testify as to the occurrence will often be directly related to his status regarding the claim made. In the case of an automobile accident, the plaintiff will be either a driver, passenger or pedestrian.

Unless it is a case where proof of a prima facie case will come from other than the plaintiff (and, in most cases, even if it will), the plaintiff must be prepared to testify at least sufficiently to make out a prima facie case.

Your client must be as thoroughly prepared as possible. This means taking the plaintiff to the scene of the accident prior to his deposition if possible. It means making certain that the plaintiff knows the basic facts and has been ingrained to repeat them in response to any question concerning them. It means familiarizing your plaintiff with concepts of time, space and direction. Most importantly, it means preparing your plaintiff with the same degree of diligence and concern as you would if he or she were about to testify at trial rather than at deposition.

Do not try to create abilities to answer which simply are not there. Train, teach and educate on the essential elements of the case. Don’t worry about the minor details. If you concentrate on those, your plaintiff may get the minutiae correct and blow the case out of the water by not responding properly to the important questions.

Rule 2. – “I Don’t Know”/”I Don’t Remember”

For reasons most likely inbred in us during our elementary school education, most people, including injured plaintiffs, seem to have an overwhelming desire to answer whatever questions might be asked of them, whether they know the answer or not. You must teach the plaintiff the concept of being able to respond “I don’t know” when such is the case or “I don’t remember”, when such is the case. Of course, this does not mean that the client should be asserting that he or she does not know or remember if he or she were injured. It does, however, mean that the plaintiff should be trained not to throw out an answer simply because a question is asked. And the plaintiff must be taught the difference between not remembering and not knowing. This is particularly important in cases where memory might be refreshed following a deposition. Memory can be refreshed; knowledge cannot be. The basic rule is that the plaintiff must be told not to guess if he doesn’t know the answer to a question. It must be explained to the plaintiff that the deposition will be used to impeach him at the time of trial.

Rule 3. – An Adversary Is Not A Buddy

Explain to the plaintiff that the attorney who is doing the questioning is not his best friend. That smiling amicable, nice man or woman on the other side of the table, regardless of the charm and warmth shown during the deposition, will not invite your client to dinner that night and is there only to destroy his case. You know that. Remind your client of it. Also, we work in a small community and know many of our adversaries. If you want to have a friendly chat with an old friend do it after the deposition and never in front of the plaintiff.
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Ten Lawyers from Gair Gair Conason Steigman Mackauf Bloom&Rubinowitz were recently selected by their peers as Super Lawyers for 2012. Jeffrey B. Bloom, Seymour Boyers, Robert L. Conason(Top 100), Anthony H. Gair, Howard S. Hershenhorn(Top 100), ,Jerome I. Katz, Stephen H. Mackauf, Ben B. Rubinowitz(Top100), Ernest R. Steigman and Rhonda E.Kay were selected by their peers as Super Lawyers for 2012.

The annual publication identifies lawyers who have attained a high degree of peer recognition and professional achievement. Only five percent of New York lawyers were named 2012 New York Super Lawyers.

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Ten Lawyers from Gair Gair Conason Steigman Mackauf Bloom&Rubinowitz were recently selected by their peers for inclusion in The Best Lawyers in America® 2013 (Copyright 2012 by Woodward/White, Inc., of Aiken, SC).

Jeffrey B. Bloom, Seymour Boyers, Robert L. Conason, Anthony H. Gair, Howard S. Hershenhorn,Jerome I. Katz, Stephen H. Mackauf, Ben B. Rubinowitz, Ernest R. Steigmanand Richard M. Steigman were recently selected by their peers for inclusion in The Best Lawyers in America® 2013 (Copyright 2012 by Woodward/White, Inc., of Aiken, SC).
Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 36,000 leading attorneys cast almost 4.4 million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

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In this partial video segment New York Car Accident Lawyer Chris Sallay, a partner at the firm Gair Gair Conason Steigman Mackauf Bloom & Rubinowitz discusses motion pratice related to automobile cases.

This program from the New York State Bar Association is designed for the attorney seeking a fundamental but practical overview of handling an auto accident case. A representative case is reviewed from inception to conclusion from both the plaintiff and defense attorney perspective. The step-by-step practical aspects of the case are presented by experienced attorneys to demonstrate both the practical aspects of each phase of the litigation as well as the overall thought process behind each phase leading to the ultimate resolution.