Are You Looking for a New York Medical Malpractice Lawyer?
If you or a family member suffered from Medical Malpractice in NY, you may be entitled to compensation. To discuss your potential claim, contact us online or call (212) 943-1090 to schedule a complimentary consultation with a top NYC Medical Malpractice Attorney at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf.
Founded by Harry Gair in 1919, our personal injury law firm has handled complex medical malpractice cases for more than 100 years. Our attorneys are nationally recognized for achieving record-setting verdicts and settlements on behalf of patients and families devastated by preventable medical errors, including the largest medical malpractice verdict in New York State history and the highest medical malpractice verdict returned in New York in 2025.

- In December 2023, our medical malpractice team lead by Ben Rubinowitz secured a record-breaking $120 million verdict in a New York medical malpractice case - the #1 verdict in NY state for all practice areas in 2023 - for a 41-year-old father who suffered catastrophic and irreversible brain damage due to a delayed diagnosis of a basilar artery stroke.
- In May 2025, our partner Marijo C. Adimey, with our associate Aaron M. Ser as second chair, obtained a $60 Million verdict in Nassau County Supreme Court for a 65-year-old man left permanently paralyzed after a routine epidural steroid injection. This is believed to be the highest medical malpractice verdict ever recorded in Nassau County, and a powerful example of the firm’s trial strength and dedication to accountability in medicine.
The firm's medical malpractice team includes 8 attorneys recognized by Best Lawyers in America for medical malpractice, notably Richard Steigman, named 2022 "Lawyer of the Year" for Medical Malpractice Law - Plaintiffs in New York City. Additionally, attorney Jeffrey Bloom co-chairs the Medical Malpractice Committee of the New York State Trial Lawyers Association.
Demonstrating our commitment to advancing legal knowledge, partners Howard S. Hershenhorn and Marijo C. Adimey have authored the 2026 edition of New York Medical Malpractice, a comprehensive treatise on the complexities of medical malpractice law in New York State.
Based in Manhattan, the firm represents clients throughout all five boroughs of New York City — Manhattan, Brooklyn, Queens, the Bronx, and Staten Island — as well as throughout the New York metropolitan area and across New York State.
Our NYC medical malpractice lawyers specialize in:- Delay to treat or failure to diagnose a medical condition
- Failure to diagnose cancer
- Birth Injury
- Gynecological malpractice
- IVF Malpractice
- Hospital negligence
- Emergency room malpractice
- Medication errors
- Surgical errors & complications
- Anesthesia malpractice
- Extravasation of chemotherapeutic Agents (chemotherapy malpractice)
- Osteoradionecrosis
- What is Medical Malpractice?
- How to Choose The Best Medical Malpractice Lawyer Near Me?
- How Can Our Top New York City Medical Malpractice Lawyers Help Your Case
- What are the Contingent Fees in a New York Medical Malpractice Case?
- Is an Expert Required in Order to File a Complaint in a NY Medical Malpractice Case?
- What Is a Notice of Medical Malpractice in New York State?
- What Are Some of the Largest Verdicts and Settlements Achieved by Our Top Medical Malpractice Lawyers?
- How Are Our Attorneys Sharing Their Expertise in Medical Malpractie Law?
Essentially, medical malpractice is negligence on the part of a doctor (or other health care provider). When a doctor (or other health care provider) departs from accepted medical practice, and injury or death of a patient occurs as a result of that deviation from the standard of care, the doctor (or other health care provider) can be liable for their actions. Under such circumstances, the patient is entitled to recover for past and future: pain and suffering, medical expenses, and loss of earnings. A spouse (or if a minor is injured, the parents) can recover for loss of services. In a death case, the next of kin can recover for their loss.
When searching for the best medical malpractice lawyers near you, it is very important to pick an attorney who has vast experience in preparing and trying those types of cases.Choosing the right medical malpractice lawyer can significantly impact the outcome of your case. It's crucial to select an attorney with extensive experience in not just preparing but also trying medical malpractice lawsuits. While many attorneys claim to be "trial lawyers," few have the track record to back up such claims, often preferring settlements over courtroom battles. Our Medical Malpractice Attorneys stand out as top trial lawyers nationally, having recently secured a record-breaking $120 million verdict in Westchester County This landmark victory was achieved in a complex case involving a 41-year-old man who suffered severe brain damage due to a Basilar artery stroke that was misdiagnosed and untreated for critical hours. Despite the defense's concession on the misreading of medical imaging and their argument that the stroke's severity made timely treatment moot, we demonstrated the profound impact of the delay on our client's health and quality of life. This case underscores our commitment to fighting for our clients' rights and our readiness to go to trial to secure the justice and compensation they deserve. Each medical malpractice case is unique, and though settlements are an option, we are not hesitant to take a case to trial if it means securing a more favorable outcome for our clients.
At GGCRBHS&M, we seek to help you recover compensation so that you can afford the care you need in order for you and your family to begin to recover. Our attorneys will work with qualified experts in the medical profession to help prove your claim. Throughout your case we will remain attentive and responsive to your medical and legal needs and meticulously prepare your case for trial. When your family suffers as a result of negligence, you deserve maximum compensation.
New York's Judiciary Law 474-A provides that in a medical malpractice case the attorney’s fee is 30% for the first $250,000 of the sum recovered. For the next $250,000 recovered, the fee is 25%. For the next $500,000 recovered the fee is 20%. For the next $250,000 recovered the fee is 15%. After that for any amount recovered over $1,250,000 the fee is 10%. Percentages are calculated on the net sum recovered after deduction of expenses and disbursement for expert testimony and investigative or other services properly expended by the attorneys in enforcement of the claim.
Yes. Pursuant to New York Civil Practice Law and Rules section 3012-A, a certificate of merit must accompany the complaint which states that the attorney for the plaintiff has consulted with an expert physician and that under the basis of that expert review, there is a reasonable ground for the commencement of a medical malpractice case.
Pursuant to section 3406 of the NY Civil Practice Law and Rules, the notice of medical malpractice action is a mandatory form that must be filled by the plaintiff with the clerk of the Court within 60 days of the service of answers by all defendants.
Our NYC personal injury lawyers have achieved verdicts and settlements that are among the largest in New York including:
- $120,000,000 verdict awarded by a Westchester County jury in a medical malpractice case for a 41-year-old father. Doctor's negligence led to irreversible brain damage, necessitating lifelong care at a brain injury center.
- A substantial but confidential settlement in Joan Rivers Medical Malpractice Case. The 81 year old star died after doctors performed unauthorized medical procedures during a routine endoscopy (see video below).
- $103,000,000 verdict (one of the largest ever) in a Broome County, NY, medical malpractice case on behalf of a Binghamton baby who was brain damaged at birth due to the lack of oxygen because of the failure to perform a sufficiently prompt emergency cesarean section.
- $90,939,857 jury verdict for a Brooklyn child whose cerebral palsy was due to the failure of an obstetrician to diagnose placental abruption and who thus delayed the cesarean section that was necessary to rescue the baby who was suffering from a lack of oxygen.
- $60,033,041.23 unanimous jury verdict – Highest Medical Malpractice Verdict in Nassau County History (2025) for a 65-year-old electrical mechanic who was left permanently paralyzed after a routine epidural steroid injection by Dr. Robert Iadevaio at the Pain Institute of Long Island (currently Catholic Health Long Island).
- $17,250,000 verdict for a man who was rendered partially incontinent as a result of medical malpractice in failing to diagnose a spinal malformation.
- $12,000,000 settlement for a man who was over radiated by the radiation center where he was treated for cancer.
In addition to successfully representing plaintiffs in a variety of medical malpractice matters, the lawyers at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf are sought out by the legal community for their expertise--our lawyers have written articles in the area of medical malpractice and have taught continuing legal education courses in the specialty of medical malpractice. Below are a list of recent publications, lectures and courses in which our lawyers have been involved:
- The Judicial Institute. Ben Rubinowitz was asked to lecture to New York State Judges at “Judge School.” Ben spoke about “Common and Not So Common Scenarios That Give Rise to Personal Injury and Medical Malpractice Cases.” Ben also demonstrated the Cross Examination of a Target Doctor in a Medical Malpractice Case. March 5, 2025.
- Winter Urologic Forum, "Recent Malpractice Cases: A Plaintiff's Perspective". Failure to Diagnose Prostate Cancer, Bladder Cancer, Surgical Errors and Lack of Informed Consent Cases. January 20, 2025, Virtual Presentation.
- Massachusetts Association of Pediatric Urologists, Teaching Urologists about Medical Malpractice, November 13, 2024, Boston, Massachusetts.W
- Webinar: A $120 Million Dollar Verdict - How did it Happen? Discussed from Start to Finish, May 20, 2024/5:00pm - 7:00pm Featuring Ben Rubinowitz
- Long Island Radiological Society, How to Avoid Medical Malpractice & What to do if You are Named in a Lawsuit?, May 14 2024
- American Urologic Association National Meeting, “MEDICAL MALPRACTICE, How to Protect Yourself and What to Do If You Are Named In A Lawsuit,” San Antonio, May 5, 2024
- Winter Urologic Forum, Medical Malpractice, “Do’s and Don’t’s,” Colorado, January 12 – 14, 2024
- Webinar: Trial Lawyer University: A case analysis by Ben Rubinowitz about his $120 million Westchester medical malpractice verdict, January 4 2024
- "A Plaintiff's Perspective: Medical Malpractice - Urologic Complications Leading to Injury and Death", American Urologic Association (AUA) Annual Meeting, Lecture and Demonstration, Chicago, April, 2023
- Winter Urologic Forum, “AVOIDING MEDICAL MALPRACTICE” Aspen, Colorado, January, 2023
- Judicial Institute, Lunch and Learn for New York State Judges, Medical Malpractice, March 15, 2022
- Society of Urodynamics, Female Pelvic Medicine, Communication Mistakes Leading to Medical Malpractice, San Diego, California February 25, 2022
- Winter Urologic Forum, “AVOIDING MEDICAL MALPRACTICE” Vail, Colorado, January 17, 2022
- MAYO CLINIC, Societies for Pediatric Urology, SPU 2021 “LESSONS FROM A PLAINTIFF’S LAWYER” December 4, 2021
- "A Plaintiff's Perspective: Medical Malpractice - Urologic Complications Leading to Injury and Death", American Urologic Association (AUA) Annual Meeting, Virtual Lecture and Demonstration, September 11, 2021
- Medical Malpractice / COVID and the Courts, THE JUDICIAL INSTITUTE, 8/2/2021. Educational teaching to New York State Judges at their annual conference\
- American Academy of Emergency Physicians, Virtual Emergency Room Physician Director’s Forum, Tips from a plaintiff’s lawyer: medical malpractice prevention and documentation, May 7, 2021
- COVID and the COURTS, NYU School of Law Live Simultaneous Transmission, January 11 2021
Our medical malpractice attorneys are praised by our clients in outstanding reviews for their hard work, compassion, professionalism and top results. If you or a loved one suffered medical malpractice, please contact our firm to discuss your case.
Disclaimer: Please be advised that the results achieved in any given case depend upon the exact facts and circumstances of that case. Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf cannot guarantee a specific result in any legal matter. Any testimonial or case result listed on this site is based on an actual legal case and represents the results achieved in that particular case, and does not constitute a guarantee, warranty or prediction of the outcome of any other legal matter.
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