Next week our managing Partner Ben Rubinowitz will be speaking at the prestigious Mayo Clinic annual Review on Medical Malpractice.
This week, both Northwell Health of New York and Massachusetts General Hospital agreed to pay millions of dollars to settle medical malpractice cases related to concurrent surgery. Double-booked surgery also called simultaneous surgery or concurrent surgery is a recently new practice implemented by hospitals all over the country during which a surgeon is involved in two or more surgeries in different operating rooms at the same time. While some medical studies have been backing this practice other studies have pointed out the resulting complications and inherent safety risks to patients. Last year in their Trial Advocacy Column in the New York Law Journal, Ben Rubinowitz and and Evan Torgan raised the alarm about this practice.
Deadly negligence and fraud
The case settled by Northwell Health of New York claimed that Dr David Samadi, urologist at Lenox Hill Hospital who raised to fame after performing several prostate surgeries on celebrities was allowing urologist residents to perform conventional surgical procedures in a room while performing high risk complex robot-assisted surgeries in another room. The surgeon would shuttle back and forth between the operating rooms during the simultaneous procedures. The hospital would then bill Medicare for the procedures performed by the unsupervised trainees. The practice of upping Dr Samadi’s salary for referring more patients to Medicare is illegal. It violates the federal Stark Law. Dr Samadi was one of the highest paid surgeon in the US. In 2017 his salary was estimated at $6.8 million. Several patients died after undergoing surgery with him and many others suffered post surgery complications.
Our managing partner, Ben Rubinowitz, will be a panelist at the “Expert Witnesses” CLE program presented by the Federal Bar Council in New York on December 5th.
Expert witnesses are at the center of modern litigation of all kinds, from personal injury litigation, complex commercial cases to mass torts and white collar crime. This program will cover Daubert motions and other limitations on expert testimony, best practices for drafting expert reports, tips on how to effectively present complex expert testimony to a jury, and strategies for cross-examining experts. The panel will also discuss innovations that may improve expert practice in the federal courts.
Ben will be part of of a group of 5 panelists that includes Jonathan P. Bach, Esq. from Shapiro Arato Bach LLP, Sheila S. Boston, Esq. from Arnold & Porter, Mark R. Seiden, Esq. from Jones Day as well as Professor Daniel J. Capra, Reed Professor of Law at Fordham University School of Law and Reporter for the Advisory Committee on the Federal Rules of Evidence. The judicial moderator of the program will be The Honorable Colleen McMahon, Chief U.S. District Judge, Southern District of New York.
In their recent Trial Advocacy column in the New York Law Journal, NYC Personal Injury Lawyers Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, and Evan Torgan of Torgan & Cooper discuss time tested ways to cross examine experts to achieve successful results at trial. Examples from recent trials are used to help illustrate the points. Each of these techniques have been used by the authors to develop powerful arguments for summation and assist in bringing home a successful verdict.
This Friday, September 20, Ben Rubinowitz will be lecturing for the New York State Trial Lawyers annual Decisions Program. Ben will be lecturing on trial practice and will be giving specific examples from recent cases dealing with thorny evidentiary issues and up-to-date Case law. His lecture will discuss recent issues and holdings by trial and appellate courts. Ben’s lecture is one that has been viewed in the past as essential for any trial lawyer working on medical malpractice, products liability or general negligence cases.
The program will take place at the Hotel Pennsylvania located at 401 7th Avenue In Manhattan. For more information or to register click here
Our Managing partner, NYC Personal Injury Attorney Ben Rubinowitz, will be speaking along with Mark Mandell and other attorneys at the Advanced Case Framing Seminar —Bringing the Book to Life: Case Examples, Breakthroughs and VerdictsAdvance Case that will take place in Philadelphia on September 6th and 7th at the Logan Hotel.
This program is based on attorney Mark Mandell’s highly anticipated book that will be released late next week, Advanced Case Framing (the registration fee includes a copy of Mark’s new book). This excellent program is held by the American Association for Justice.
Click here for more info or to register
Our managing partner, New York Personal Injury Lawyer Ben Rubinowitz, is co-chairing with NYSTLA Past President Jeff Korek the 2019 NYSTLA Seminar “25 Trial Issues That Keep You Up In The Middle Of The Night”.
Held over two evenings (Monday June 17 and Monday June 24 from 6:00 pm to 9:00 pm) this seminar consists of an informal panel discussion with Top Trial Attorneys, Judges and Ethicists during which audience participation is highly encouraged.
The program is modeled after the 1962 Herman Glaser seminar in which Glaser gathered the “greats” of his era to impart their collective wisdom to aspiring trial lawyers. Thirty years later, Harvey Weitz assembled a round table panel at NYSTLI that included the Hon. Ira Gammerman, Hon. Gabriel Krausman, Hon. Eve Preminger and attorneys Ivan Schneider, Richard Shandell and others . The panel borrowed from Moe Levine , Al Julien and James Dempsey while setting out to demonstrate how best to deal with difficult trial issues. Harvey’s NYSTLI seminars formed the basis of his book the “Compendium of the Art of Summation” which with Harvey’s permission has served as the inspiration for Ben and Jeff to put together this seminar.
Our Managing partner, New York Personal Injury Lawyer Ben Rubinowitz is the New National Institute for Trial Advocacy (NITA)] Board Chair. He succeeds L. Joseph Loveland and will hold this position for two years. He was introduced as the new Board Chair at the NITA Board’s annual meeting on April 25-26 at the organization’s headquarter located in Boulder Colorado. During the meeting, three new members were also elected to the Board of Trustees: Judge George C. Hanks, Jr. of Houston, Daniel M. Kotin of Chicago, and Whitney M. Untiedt of Miami.
State of the Art Advocacy Programs
A non profit organization created in 1969, NITA is made up of a volunteer network of lawyers, judges and esteemed advocates across the globe. Based in Boulder Colorado since 2010, the organization provides top level advocacy programs that give attorneys the opportunity to learn and practice skills such as taking depositions, making opening and closing arguments, examining witnesses, and more. NITA courses are being taught all over the US and internationally. The Boulder Education Center offers 6 meeting rooms that can be configured into courtrooms with tablet review and recording, providing lawyers a chance to learn and develop their skills in a safe environment without the stakes of a real courtroom.
In an article published Today in the New York Law Journal, NYC Personal Injury Attorneys Ben Rubinowitz, Evan Torgan and Peter Saghir discuss trial techniques to secure winning verdicts.
One of these techniques is to FRAME an issue that can be explored during cross examination, reinforced during final argument and one that leaves the jury with an indelible impression that will last well into jury deliberations.
Our managing partner, Ben Rubinowitz, has been recognized for his expert commentary in the NYLJ for the past 19 years.