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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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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HIGH-PROFILE CASE WITH UNANIMOUS DEFENSE VERDICT
Unanimous defense verdict in January 2023 on behalf of an interventional cardiologist following a three-month trial involving an alleged failure to diagnose and treat cardiac tamponade as a complication of H1N1 influenza involving a 23-year-old female resulting in multiple surgeries and amputations involving multiple limbs, including a below-the-elbow amputation of one limb.
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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 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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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 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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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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DISMISSAL FOR A GENERAL DENTIST
Dismissal on summary judgment on behalf of a general dentist in a case involving an alleged improper performance of root canal and failure to diagnose osteomyelitis.
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DISMISSAL OF ER DOCTOR AND PA
Dismissal on summary judgment on behalf of an emergency medicine physician and physician’s assistant involving an alleged failure to diagnose and treat scaphoid fracture involving a 22 year old male.
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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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DISMISSAL FOR OB/GYN
Discontinuance following filing of summary judgment motion on behalf of a gynecological surgeon involving an alleged failure to properly perform partial hysterectomy involving a 42 year old female.
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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.
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DISMISSAL FOR PEDIATRICIAN
Discontinuance following filing of summary judgment motion for pediatrician involving an alleged failure to diagnose and treat undifferentiated sarcoma.
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DISMISSAL OF INFECTIOUS DISEASE PHYSICIAN
A voluntary dismissal on behalf of an infectious disease physician involving an MSSA infection.
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DISMISSAL FOR ALLEGED NEGLECT
In June of 2023, attorney Julio J. Vasquez obtained Summary Judgment motion victory in a Kings County case on behalf of our client, a general dentist. The case involved plaintiff, a 26-year-old female, who alleged negligent performance of dental surgeries and recommendation by our client for molar extraction resulting in neurologic injuries, including persistent numbness to the chin, lip and lower gum.
The Court dismissed the case on the merits.
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DISMISSAL FOR A PRIMARY CARE PHYSICIAN/HOSPITAL INTERNIST
Ginette M. Portera obtained summary judgment in June of 2023 on behalf of a primary care physician/hospital internist in a case venued in Kings County. The matter involved a 68-year old male who presented to the hospital with complaints of abdominal pain and diarrhea. He was admitted to the service of his primary care physician. It was alleged that the defendants over-prescribed opioid pain medication, leading to respiratory depression, anoxic encephalopathy, and death of the patient.
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DISMISSAL FOR PRIMARY CARE PHYSICIAN
In March of 2023 attorney Ginette Portera secured summary judgment in a Bronx case in favor of a primary care physician. The case involved a 44-year old female who was diagnosed with invasive ductal carcinoma of the left breast. Plaintiff’s counsel alleged the defendant failed to diagnose and treat the plaintiff’s left breast complaints in the 2-years prior to the diagnosis.
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DISMISSAL OF AN INFECTIOUS DISEASE CONSULTANT
In May of 2023, Ginette Portera obtained summary judgment in a New York County matter in favor of a consulting infectious disease physician who saw the patient weekly for 5 weeks. The case involved the alleged failure to prevent, diagnose and treat the lower extremity pressure injury of a 90-year old male, while he was confined to a nursing home. The patient subsequently underwent an above-the-knee amputation and died approximately 3 weeks later.
TESTIMONIALS
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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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“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 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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“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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“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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“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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“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 in a recent case, and I was thoroughly impressed with his professionalism, knowledge, and dedication to achieving favorable outcomes.
One of the standout qualities of James is his ability to provide comprehensive guidance and support throughout the legal process. He ensured that I had a clear understanding of the complexities involved in my dental malpractice 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.
Moreover, James exhibited a remarkable level of commitment to me. He was always accessible and responsive, promptly addressing any concerns or questions I had along the way. James's 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 in malpractice cases, allowing him to provide tailored legal advice that was specifically relevant to my situation.
In addition to his expertise in dental malpractice, James also 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.
On a personal note, I would like to express my gratitude to James for his assistance in resolving my case. Thanks to his efforts and expertise, I was able to obtain a favorable outcome that exceeded my expectations. His strategic thinking, attention to detail, and effective negotiation skills were instrumental in achieving this result.
In conclusion, I wholeheartedly recommend James Modzelewski for his outstanding legal services in dental malpractice. His expertise, dedication, and unwavering support have proven invaluable throughout the entire legal process. I have no doubt that he would be a tremendous asset to any organization seeking exceptional legal counsel. - New York Dentist