Andrew J. Benard Associate




Andrew Benard represents major hospitals and doctors in the New York Metropolitan area and across New York State against claims of malpractice. He takes a holistic approach to this work, focusing on creating an efficient and streamlined strategy in each matter. Andrew works closely with his defendant doctors and the best medical experts in the city to craft compelling defenses and demonstrate that his clients’ treatment met and exceeded the standard of care. He has achieved excellent results in minimizing or eliminating damages claims by eliciting damming testimony from plaintiffs at their depositions. He also has achieved excellent results obtaining dismissals on summary judgment motions. 

Andrew engages in pro-bono work assisting battered women in obtaining legal protection from their abusers and gaining access to necessary resources to stay safe and secure. 

Prior to joining Wilson Elser Andrew spent three years at a prominent medical malpractice defense firm in New York City. 

After passing the California Bar, Andrew was selected for the prestigious ABA Catalyst Grant under which he helped found and run the Legal Entrepreneur Assistance Program (LEAP) in partnership with the Legal Aid Society of Orange County. LEAP provided training and assistance to recently licensed solo attorneys as they built their practice in return for their assistance with pro bono legal representation of indigent persons in the community. 

Before attending law school Andrew worked in software implementation managing and facilitating new software installation and employee training at heavy equipment and forklift dealerships around the country.

Representative Matters

Obtained voluntary dismissal of a malpractice claim alleging a failure to diagnose prostate cancer by confronting the plaintiff with conflicting evidence at the plaintiff’s deposition.

Obtained voluntary dismissal of a malpractice claim alleging an improper discharge of a patient with a cervical spine fracture following her deposition in which he obtained a confession that she had failed to follow her doctor’s instructions.

Obtained the imposition of discovery sanctions in a medical malpractice action brought in federal court for plaintiff’s failure to comply with court orders resulting in the dismissal of a multimillion-dollar economic damages claim.

Obtained a grant of summary judgment in favor of a trauma surgeon accused of improper treatment of a patient who had fallen off a roof and suffered a spinal fracture.

Obtained a grant of summary judgment of a malpractice claim for a physician accused of improperly discharging a patient with a bowel obstruction.

Specializes in obtaining dismissals of malpractice actions in which plaintiff’s counsel has withdrawn, leaving the plaintiff pro se minimizing the often drawn-out process of achieving such grants from extremely deferential courts.