






MEDICAL LIABILITY LITIGATION
With decades of experience in medical liability litigation, our team has the expertise to serve as malpractice defense litigation counsel for physicians, medical practitioners and medical facilities throughout New York State.
Our areas of practice include:
Physician Professional Liability
Hospital and Other Facility Professional Liability
Dental Professional Liability
Other Healthcare Professional Liability
Non-Party Subpoena Practice
Contact Us
1800 Northern Blvd
Roslyn, NY 11576
contact@sbs-law.com
(516) 775-2236

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DEFENSE VERDICT, GENERAL DENTIST
Attorney James Modzelewski obtained a defense verdict in May 2025 on behalf of a general dentist. The dentist extracted an infected tooth and planned to place an implant at a later date. Subsequently, the extraction site was not sufficiently healed for an implant, so a bone graft was placed following curettage of the extraction site. The patient developed a nerve injury due to the compromised state of the underlying bone, resulting in altered sensation. The patient claimed that the nerve was damaged as a result of the dentist’s negligent use of a drill; the dentist denied using a drill. A Queens County jury deliberated for less than an hour and returned a unanimous verdict in favor of the dentist, finding that the dentist did not use a drill on the date in question.
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UNANIMOUS DEFENSE VERDICT ON BEHALF OF INTERNAL MEDICINE PHYSICIAN IN KINGS COUNTY
Max Gaujean, assisted by Sabrina Valdez secured a unanimous defense verdict on behalf of an internal medicine physician in Kings County in January 2025.
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DIRECTED VERDICT IN FAVOR OF EMERGENCY ROOM PHYSICIAN
Paul Nasta represented a Board Certified Emergency Room physician in a wrongful death lawsuit which went to trial in Supreme Court, Suffolk County in December, 2024.
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UNANIMOUS VERDICT FOR PEDIATRICIAN
Dino Litourgis successfully obtained a defense verdict in March of 2024 wherein a plaintiff alleged that a physician and his staff were negligent in connection with a blood draw performed in a private office setting.
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DEFENSE VERDICT FOR DENTIST
James Modzelewski obtained a defense verdict in April 2024 on behalf of his client, a general dentist. The 47-year-old patient sought consultation and treatment related to pain and infection to a lower molar.
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UNANIMOUS DEFENSE VERDICT IN HIGH PROFILE CASE
In January 2023, the Law Offices of Benvenuto & Gaujean, by Max Gaujean and Michael Maher, obtained a defense verdict on behalf of an interventional cardiologist in a case involving a 23 year old female who was seen for a rare complication of H1N1 influenza where the virus targeted her heart.
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DEFENSE VERDICT FOR PROMINENT ANESTHESIOLOGIST
James Jankowski and Dino Litourgis obtained a defense verdict in July 2023 on behalf of an anesthesiologist and his group involving an alleged failure to properly administer a pre-operative nerve block in preparation for Achilles tendon surgery.
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UNANIMOUS VERDICT FOR CERTIFIED NURSE MIDWIFE
The Law Offices of Benvenuto & Gaujean, by Lloyd Cohen and Max Gaujean,obtained a defense verdict on behalf of a Certified Nurse-Midwife in Bronx County in November 2023. In summary, the plaintiff presented to a OB/GYN clinic located in the Bronx to rule out an ectopic pregnancy.
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UNANIMOUS VERDICT IN WRONGFUL DEATH TRIAL
In June of 2023, attorney Paul Nasta obtained a defense verdict in a case involving allegations of malpractice and wrongful death. The patient was a 67-year-old female who presented to our client with severe aorto-iliac occlusive disease, which was causing symptoms including pain.
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PLASTIC SURGERY UNANIMOUS VERDICT
Unanimous defense verdict in November 2022 on behalf of a plastic surgeon involving an alleged failure to properly perform a breast augmentation procedure and lack of informed consent involving a 55-year-old female resulting in personal injuries and revision surgery.
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UNANIMOUS VERDICT FOR INTERNAL MEDICINE PHYSICIAN
Unanimous defense verdict in June 2022 on behalf of an internal medicine physician involving an alleged failure to diagnose and treat urinary retention involving a 66-year-old male resulting in the need for multiple procedures and permanent damage to the bladder.
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CASE OF TIME-SENSITIVE DIAGNOSIS
Defense verdict on behalf of an orthopedist in a case involving an alleged failure to timely diagnose a post-operative tibial infection in a 50 year old male, following open reduction/internal fixation, resulting in multiple subsequent surgeries, significant lost earnings, and permanent disability.
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UNANIMOUS DEFENSE VERDICT FOR OTOLARYNGOLOGIST
Unanimous defense verdict in October 2019 on behalf of an otolaryngologist involving allegations that an infected sphenoid sinus should have been drained involving a 42-year-old female resulting in the spread of inflammation to a nearby artery, which led to a stroke.
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UNANIMOUS DEFENSE OF ORTHOPEDIC SURGEON
Unanimous defense verdict in June 2018 on behalf of an orthopedic surgeon involving an alleged failure to properly treat an infection of a knee prosthesis involving a 78-year-old male resulting in multiple subsequent surgeries and fusion of the knee joint.
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ALLEGED FAILURE TO PROPERLY PERFORM ORTHOPEDIC SURGERY
Unanimous defense verdict in April 2018 on behalf of an orthopedic surgeon involving an alleged failure to properly perform surgery on a hamstring avulsion injury in a 57-year-old female resulting in injury to the sciatic nerve.
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CASE OF ALLEGED FAILURE TO DIAGNOSE
Defense verdict on behalf of an internist in a case involving the alleged failure to diagnose a cardiac arrhythmia in a 34 year old female CPA with a newborn, resulting in wrongful death.
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CASE OF EMERGENCY INTERVENTION
Defense verdict on behalf of a neurologist in a case involving the alleged failure to refer a 16 year old female patient for emergency vascular surgical intervention, resulting in a stroke and long-term neurological deficit.
TESTIMONIALS
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Dear James, I truly appreciate your support, advice and guidance throughout the whole litigation proceedings. I am so very grateful to have had you as my lawyer. Thank you for taking the time to explain the process and showing your professionalism and respect. I cannot even imagine going through this without your help. Thank you for the positive final resolution.… With lots of respect and gratitude - New York Dentist
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I wanted to thank you [Dino Litourgis] again for the excellent representation. All during my trial, I felt extremely well prepared. Kevin [Natale] did a great job collecting the required information. He and Loretta [Palmero] worked extremely well together to present the facts that ultimately led to the verdict in our favor after less than 25 minutes of deliberation. I thought that your cross examination of the prosecution’s expert witness really demonstrated how much you had done your homework. You sounded more like a medical school professor than an attorney. Thanks again, best of luck. - NY Pediatrician
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“Dear Paul, All I can say is that your closing remarks were devastating. You left me little or no room to wiggle and put me on the defensive. My summation was okay, but would have been more effective if I didn’t have to spend so much of my time answering your compelling arguments.
Paul, you are a first-rate lawyer and a worthy adversary. I truly believe that I would have prevailed in this case if you had not been my opponent. I hope your client appreciates what a great lawyer he had.” - Plaintiff’s Attorney
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“Dear Mr. Kim, I received the email from your office about the finality of the lawsuit. I am lucky to have had you as my attorney during this awful process. Your calmness and guidance throughout this process kept me grounded.
I am grateful for the time and energy you committed to my case and your positive outlook throughout this process. Thank you for the amazing work that you do.” - New York Family Medicine Doctor
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“Ken represented my medical office in a very professional manner. At the time of trial, we were well prepared and eager to argue our case. As a result, the court dismissed plaintiff’s case at the conclusion of trial.” - Prominent New York Dentist
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“Dear Mr. Nasta, Your help in a professional manner in which you managed this [case] was exemplary and thank you again for your attention to this matter.” - Long Island Plastic Surgeon
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“Mr. Gaujean and his team put in an extraordinary effort studying my case and forming an effective, smart, and comprehensive defense plan.
Since the beginning, Max and I met on weekly basis. He was committed 100%, did an excellent job researching, and prepared me extremely well for what was a very long, high-profile trial with multiple defendants. I admire his enthusiasm, knowledge, and hard work. He was easy to work with, reach, and talk to at any time.
Mr. Maher was also on my team and was nothing short of exceptional. He helped present all evidence to the jury in a way that was modern and easy to understand. I truly believe that Max and Michael were a dream team.
Tom Benvenuto was also in the courtroom frequently checking on my case. I highly recommend Benvenuto & Gaujean for any complicated medical malpractice case.” - Prominent New York Interventional Cardiologist
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“Dear Max, From the bottom of my heart, I thank you for all your help through a truly traumatic and terrifying experience. You have been my shining light- beyond your knowledge and competence your caring and dedication and your admirable belief system are a comfort and an inspiration. I am blessed to have met you and feel privileged to have had you defend me. With much gratitude.” - Prominent New York Neurosurgeon
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“Mr. Paul Nasta was superb! Very professional, very well prepared. A class act! I wouldn’t hesitate one second to request him again, if necessary.” - Prominent New York Anesthesiologist
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“A short note to thank you for all of your hard work. It meant a lot to my husband that you believed in him and worked so long to prove he did the right thing. If you can please also thank the physician expert in my name for his belief as well. I hope we can meet again under more pleasant circumstances. Thank you.” - Wife of a New York Urologist
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“Thank you for your thorough and professional defense of my recent med mal case. Despite a herniated disc, you struggled through the case always keeping your clients’ best interests at hand.” - New York Family Medicine Physician
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“I have never seen a defense attorney put in so much time in a case. Whatever the outcome, you did a great job and would be happy to work with you in the future. It is up to the jury, but you won the case in my opinion.” - Defense Expert Urologist
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Dear Mr. Gaujean, I am writing to extend my sincerest gratitude for your exceptional work representing me in my medical malpractice trial. Your ability to navigate the complexities of the case with such precision and professionalism was both impressive and reassuring. Your strategic approach, compelling arguments and deep understanding of the law played a pivotal role in securing a favorable verdict. I want to express my heartfelt appreciation for your hard work and perseverance on behalf of myself, my family and my practice. Your efforts safeguarded my professional reputation. Thank you once again for your outstanding representation and commitment. I truly appreciate all that you have done. (JANUARY 2025)
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“To the Managing Partners: I was recently represented by your office regarding a malpractice case. Mr. Max Gaujean was the attorney in charge. The process lasted almost five years and has now, thankfully, been discontinued against me. Mr. Gaujean was the only bright spot in the entire process. He was friendly, helpful, and extremely knowledgeable. He went out of his way time and time again to meet with me, even at nights and on weekends. He was extremely dedicated to my case. I just wanted to let you know that he is a credit to your practice. I would not hesitate to consult Max for any legal matter- and I will not hesitate to tell my friends and associates regarding the same. Thank you again for making an unpleasant experience much more bearable.” - New York Surgeon
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“Thank you for all the support you provided. It was a rough time for me but your professional demeanor, coupled with a humanitarian approach, helped me through those rough times. Words alone are not enough to convey my gratitude.” - New York Internal Medicine Physician
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“One of my clients was recently represented in a matter by Ken Loock. I am an attorney myself, and I was very impressed with the quality of the representation. Mr. Loock was not only knowledgeable, capable and effective, but he and his firm were extremely well organized, very professional, and kept us well informed as the matter progressed to a successful conclusion (the dismissal of all claims against my client). Mr. Loock made my client feel very comfortable that their interests were well represented at all times. I would highly recommend Mr. Loock and his firm.” - Plaintiff’s Attorney
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I am writing to highly recommend James Modzelewski for his exceptional legal expertise and support in the field of dental malpractice. I had the pleasure of working with James and was thoroughly impressed with his professionalism, knowledge, and dedication. James ensured that I had a clear understanding of the complexities involved in my case, taking the time to explain the legal intricacies in a manner that was both informative and easily comprehensible. This enabled me to make informed decisions regarding the steps we needed to take to pursue a successful resolution. James' availability and willingness to go above and beyond to assist his clients truly set him apart. He consistently demonstrated a deep understanding of the challenges faced by dental professionals which allowed him to provide tailored legal advice specifically relevant to my situation. In addition, James possesses a wealth of knowledge in other legal areas, particularly related to healthcare law. This broader understanding greatly enhanced his ability to navigate the complexities of my case and ensured that all relevant legal aspects were thoroughly considered. Thanks to James’ efforts and expertise, I was able to obtain an outcome that exceeded my expectations. His strategic thinking, attention to detail, and effective negotiation skills were instrumental in achieving this result. - New York Dentist