Benjamin W. Newman Partner




Ben Newman maintains a comprehensive statewide practice in the areas of insurance defense, medical malpractice defense, and product liability related to pharmaceuticals and medical devices, with substantial experience in mediation and arbitration services as a federal- and state-certified mediator, and as a qualified arbitrator by the Florida Supreme Court. He appears extensively at trial throughout Florida in cases involving allegations of significant injury and wrongful death. Ben represents physicians, surgeons, physician assistants, nurses, optometrists, hospitals, surgery centers, home health nursing agencies, hospice facilities, chiropractors and emergency medical services. Ben has developed a special interest in emerging areas of health care delivery, including ambulatory surgery centers and urgent care clinics.

Ben is known for his relationship-building skills demonstrated by his long-term affiliations with insurers and other clients that consider him a valuable contributor at the table. His presentations and seminars on a variety of liability and risk management issues are much in demand by physicians, hospital staffs, health care administrators and insurance professionals.

A resident of Central Florida since 1972, Ben established his reputation at two notable Orlando firms before joining Wilson Elser. He is active in community service and local and national politics and, in addition to his legal career, he is Screen Actors Guild eligible and has appeared in several local and national commercials, as well as student and independent films.

Areas of Focus

Medical Malpractice & Health Care
Ben’s familiarity with the substance and nuances of most medical specialties coupled with the firm’s heritage and continued strength in insurance defense draws a large and growing clientele, including nationally renowned physicians and premier teaching hospitals. Ben represents dentists, nurses, paramedics, podiatrists, radiologists, pathologists, counselors, social workers and other members of the allied health professions in addition to managed care organizations and privately run emergency rooms. Hospice and home health companies and their medical and paramedical employees routinely rely on Ben for assistance with malpractice litigation.

Intimately familiar with related state and federal regulations, Ben implements carefully crafted strategies that are designed to limit or avoid punitive damages available to plaintiffs under statute. In addition to tapping into the firm’s technological case management program, which uses sophisticated equipment to research, synthesize and store medical and legal information, Ben has access to medical experts from several of the nation’s most respected institutions, including surgeons and professors from leading teaching hospitals and authorities from the National Institutes of Health. If required, Ben draws on his experience defending clients at disciplinary hearings before professional boards.

Catastrophic Transportation Liability
Ben has broad experience representing and defending trucking companies, owner-operators, freight forwarders, freight brokers, common carriers, household goods carriers, warehouses, overnight and expedited shipping companies, ship and tanker lines, air and rail carriers, stevedores, terminals, and navigation concerns in interstate and intrastate claims in the United States, on the high seas and throughout the world. His cases include first- and third-party liability matters, personal injury and accident claims, environmental concerns and subrogation claims. He is adept at handling catastrophic cases given his depth of experience in conjunction with the firm’s broad geographic scope and adherence to a collaborative “cross-practice” approach frequently involving colleagues well versed in regulatory and administrative matters. Wilson Elser’s nationwide 24/7 response program helps ensure that team members are engaged during the first critical hours following a catastrophe.