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
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.
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.
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.”
On Saturday, Septenber 15, 2012 our Partner, Ben Rubinowitz will speak on “Trial Practice” as part of the Flagship Decisions Program sponsored by the New York State Trial Lawyers Institute.
The Decisions Program is designed for practicing lawyers who are interested in learning about the most up to date aspects of Personal Injury Practice. The program is a two part series detailing all aspects of practice from pleadings to appeal. In speaking about the program Ben Rubinowitz stated, “If you are truly interested in helping your practice, this is the program for you. The speakers are experts in the field and will offer insight and practical knowledge that will certainly help you achieve the best result for those who matter most — your clients.”
We are pleased to announce that our Partner, Ben B. Rubinowitz has been named by the Best Lawyers in America as 2013 New York City Personal Injury Litigation – Plaintiffs “Lawyer of the Year.”
This is in recognition of his history of helping people injured by the negligence and carelessness of others. Throughout his 30-year legal career, Ben Rubinowitz has made his mark as a leading trial lawyer combining hard work and dedication with his remarkable courtroom skills and presence. Mr. Rubinowitz began his career as a prosecutor, where he honed the trial skills that would become his hallmark. From there, he began serving as a trial lawyer representing severely injured plaintiffs in personal injury cases, eventually joining GGCSMB&R in 1989. Ben’s meticulous approach to the preparation and trial of cases has produced 19 verdicts and 96 settlements in excess of one million dollars in cases arising out of car accidents, premises accidents, construction accidents, medical malpractice, civil rights violations and products liability.
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.”
Our Partner, Chris Sallay, will be speaking at The Advanced Uninsured/Underinsured Motorist Law Seminar sponsored by NBI. From NBI, “Statistics say that six out of ten drivers on the road carry inadequate or no insurance. With the largely voluntary nature of UM/UIM insurance coverage and rapidly changing statutory and case law, you have your work cut out for you. Don’t struggle through the mountains of legalese alone. Join us at an engaging analysis of current issues in the law and practice of UM/UIM and get the latest legislative updates along with a balanced view of today’s challenges. Register today!” The seminar will be held on Friday, September 21, 2012, 9:00 am-4:30 pm at The Hilton Long Island 598 Broadhollow Road Melville, NY.
Chris will be speaking on BAD FAITH – AN INDELIBLE PART OF UM/UIM PRACTICE? and UM CASES.
For complete information on the seminar and to register click here.
On July 31, 2012, our partner, Christopher L. Sallay, was granted summary judgment in a New York Construction accident case pursuant to §240(1) of the New York State Labor Law against the general contractor for the construction project.
On October 26, 2008, the plaintiff, a painter, susstained injury when the baker scaffold on which he was working shifted due to unlocked wheels resulting in him losing his balance and fall feet first to the floor, approximately 4-6 feet.
The plaintiff sustained a severe calcaneal fracture to his right foot which required surgery in which he doctors inserted 15 screws and 3 plates into his heel. He now walks with the assistance of a cane most of the time and has not gone back to work since the accident.
On April 24, 2009 a 40 year old woman died in a gas explosion that took place in her house in Floral Park, Queens, New York. The defendant in this action, Consolidated Edison, was notified of the gas leak by a neighbor of the woman; however, the Con-Ed workers were not timely dispatched to evacuate residents in the area. As a result of the negligence of Con-Ed, the woman was never notified of the gas leak nor was she evacuated from her home. The gas explosion was severe – – the house was demolished and the woman was killed. Three children were left without their mother. The woman’s husband was left without his wife.
In a record settlement, Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf settled this claim for $12,400,000.00. This is one of the largest settlements in New York for a Wrongful Death case. “The woman who died was a wonderful mother to her children and a loving wife,” said Rubinowitz. “It is indeed unfortunate that no one listened to the warnings of a concerned neighbor – – he tried so hard to do the right thing. If only Con-Ed had just paid attention to a known fact and followed proper protocol this never would have happened. While I realize that no amount of money can compensate for this family’s loss, I am very pleased that we were able to provide financial security for the needs of this family who lost so much in this terrible explosion.”
New York Personal Injury Attorneys Blog