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Pamela B. Goldsmith

Member

She/Her/Hers
pgoldsmith@harrisbeachmurtha.com
D: (212) 313-5494  
- Newark, NJ Office
- New York, NY Office
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Pamela Goldsmith
Profile
Representative Matters
Resources
Distinctions

Pamela is a trial attorney representing a diverse range of clients in complex litigation throughout New York and New Jersey. She concentrates in malpractice, general liability, product liability, mass torts and toxic tort litigation.

Pamela has represented health centers, radiology facilities, physicians, dentists, chiropractors, podiatrists, and allied health professionals in malpractice and negligence actions involving all areas of health care practice. She also represents some of the largest senior living and long-term care owners/operators in North America. Her extensive experience in defending these clients is evident in each step of the litigation – understanding and building the necessary defense; taking and defending depositions; securing the essential experts; evaluating the liability, causation and damage issues; engaging in alternative dispute resolutions; and taking the case to trial. This tenacity has translated to multiple summary judgment dismissals and defense verdicts.

Pamela has also served as national, local and trial counsel in all phases of complex litigation, representing manufacturers and distributors in state-coordinated and federal multi-district litigation involving medical devices and personal care products. She served as national coordinating counsel for several medical device companies involved in mass tort litigation arising out of the use of a pain pump to deliver medication to the shoulder, knee and ankle following arthroscopic surgery.

Pamela also has experience representing companies, corporations and landlords/owners in premises liability litigation, including maintenance and security issues. Her broad range experience in toxic tort litigation includes representing manufacturers in asbestos claims and defending claims brought by off-site workers after the World Trade Center terrorist attack of September 11, 2001.

Trial verdicts/dismissals include:

  • New York State Supreme Court: Obtained defense verdict in medical malpractice action against surgeon for alleged improper performance of surgery resulting in nerve damage.
  • New York State Supreme Court: Obtained defense verdict in medical malpractice action against surgeon for alleged failure and delay in diagnosing breast cancer.
  • New York State Supreme Court: Obtained defense verdict in podiatric malpractice action against two podiatrists for alleged improper performance of surgery resulting in osteomyelitis.
  • United States District Court, Eastern District of New York: Obtained defense verdict for soccer camp in action alleging that minor child developed reflex sympathetic dystrophy and psychological conditions from ankle taping by trainer.
  • New York State Supreme Court: Obtained defense verdict in podiatric malpractice action against podiatrist for alleged improper performance of surgery.
  • New York State Supreme Court: Obtained defense verdict for personal trainer and health club in action alleging plaintiff developed severe injuries from weight lifting exercises performed at direction of personal trainer.
  • New York State Supreme Court: Obtained defense verdict in podiatric malpractice action against podiatrist for alleged improper performance of surgery.
  • Superior Court of the State of New Jersey: Obtained defense verdict in podiatric malpractice action against podiatrist for alleged improper performance of surgery.
  • New York State Supreme Court: Obtained dismissal of medical malpractice action against anesthesiologist for alleged claims of improper spinal anestheisa leading to development of osteomyelitis.
  • New York State Supreme Court; Obtained dismissal in medical malpractice action against internist for claim of wrongful death for alleged failure to detect and treat an aortic dissection.
  • New York State Supreme Court: Obtained dismissal of claim of dental malpractice for alleged improper prosthodontic treatment.
  • New York State Supreme Court; Obtained dismissal of medical malpractice action against ringside physician for alleged failure to stop a boxing match in which the plaintiff alleged severe brain damage.
  • New York State Supreme Court: Obtained dismissal of medical malpractice action against emergency medicine physician for claims of improper treatment resulting in upper extremity amputation.
  • New York State Supreme Court: Obtained discontinuance of medical malpractice action against radiologist for claims of improper interpretation of radiology films, resulting in alleged delay in diagnosing breast cancer.
  • New York State Supreme Court: Obtained dismissal of medical malpractice action against emergency medicine physician for claims of failure and delay in diagnosing cervical fracture.
  • Civil Court of the City of New York: Obtained dismissal against health club in action alleging defective equipment and improper maintenance of equipment.
  • New York State Supreme Court: Obtained dismissal of negligence action against cleaning company for claims relating to a slip and fall incident involving failure to place warning signs.
  • New York State Supreme Court: Obtained summary judgment in business defamation action.

Reported Cases:

  • Francis v. Long Island College Hospital, 45 A.D.3d 529, 844 N.Y.S.2d 721 (2d Dept, 2007): Obtained dismissal of medical malpractice action against anesthesiologist for plaintiff’s failure to prosecute.
  • Grafi v. Solomon, 274 A.D.2d 451, 711 N.Y.S.2d 905 (2d Dept, 2000): Precluded plaintiff from obtaining information regarding defendant physician’s medical history.
  • Farmer v. Central Elevator, Inc., 255 A.D.2d 289, 679 N.Y.S.2d 636 (2d Dept, 1998): Obtained dismissal of action for negligent repair and maintenance claims against elevator company.
  • Bilan v. Klein, 250 A.D.2d 636, 673 N.Y.S.2d 159 (2d Dept, 1998): Successfully defended client on appeal for negligent maintenance and repair.
  • Crump v. Lyons, 172 Misc.2d 968, 660 N.Y.S.2d 650 (N.Y. Sup, 1997): Obtained disqualification of plaintiff’s counsel for prior representation in action by shareholders of magnetic resonance imaging services corporation for alleged failure to distribute profits.
  • DeStefano v. MT Health Clubs, Inc., 239 A.D.2d 200, 658 N.Y.S.2d 3 (1st Dept, 1997): Successfully opposed plaintiff’s motion for summary judgment in action for alleged claims of personal injuries from performance of massage.
Insights
January 29, 2021

New York Court Rules to Affect Medical Malpractice Motions

Chief Administrative Judge Lawrence K. Mark’s December 29, 2020 Administrative Order includes several new rules that will be extended from t
January 29, 2021

Two New York Appellate Court Decisions Affirm Default Orders Dismissing Plaintiffs’ Complaint

Two recent New York Appellate Division Second Department decisions articulated the standards of review for appeal of orders entered upon the
January 28, 2021

New York Court Rule to Impact Medical Malpractice Depositions

Chief Administrative Judge Lawrence K. Mark’s December 29, 2020 Administrative Order includes several new rules that will be extended from t
January 14, 2021

New York’s First Department Limits the Ability for Defendants to Testify as to Custom and Practice in Medical Malpractice Cases

The First Department has limited the role of testimony as to custom and practice in establishing what a defendant physician did in a specifi
November 24, 2020

New York Second Department Limits the Ability for Defendants to Testify as to Custom and Practice in Medical Malpractice Cases

The Second Department of the Appellate Division, New York State Supreme Court, has limited the role of testimony as to custom and practice i
November 24, 2020

Recent Cases from New York’s Second Department Clarify What is Necessary for a Pre-Note of Issue Dismissal

In recent rulings, New York’s Second Department has clarified the standard to strike pleadings for violation of Court Orders. Contrasting th
September 16, 2020

New York Supreme Court Allows Plaintiff to Plead Statutory Fraud Claim with Medical Malpractice Negligence Cause of Action

A New York Supreme Court allowed a Plaintiff to assert a statutory fraud claim in the context of deceptive business practices under New York
News
October 30, 2025

29 Harris Beach Murtha Attorneys Selected to 2025 New York Metro Super Lawyers and Super Lawyers: Rising Stars Lists

Super Lawyers is a nationally recognized professional survey and ranking service of accomplished attorneys.
December 5, 2024

City & State Names Pamela Goldsmith to the Responsible 100 Alumni List

Partner Pamela Goldsmith, a member of our nationally ranked Mass Torts and Industry-Wide Litigation Practice Group, was named to City
June 13, 2023

Harris Beach Attorneys and Professional Staff Attend Creating Safer Spaces for LGBTQ+ Clients and Colleagues CLE

Harris Beach attorneys and professional staff participated in a continuing legal education session presented by Shain Filcher of LeGal
October 13, 2021

Harris Beach Attorneys Recognized in 2021 Edition of New York Metro Super Lawyers

Attorneys from Harris Beach PLLC offices in New York City, White Plains and on Long Island have been named to the 2021 edition of the New Yo
November 12, 2019

79 Attorneys from Harris Beach Named to 2019 Super Lawyers List

A total of 79 Harris Beach PLLC attorneys have been named to the 2019 edition of Super Lawyers, a peer-based rating service that recognizes
Events
External Publications
April 19, 2017

Panelist: Race, Gender and Ethnicity – The Elephant (and Zebra) in the Courtroom (webinar, Defense Research Institute)

Speaker: Frequently presents to health care professionals on risk management issues, avoidance and defense of lawsuits, and current medical topics confronting practitioners; has given continuing legal education seminars regarding defense litigation techniques

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Professional and Civic

  • LGBT Bar Association of New York, member of the Association’s Board of Directors and former co-vice chair, Judiciary Committee
  • 2018 Civil Court Independent Screening Panel, member
  • Association of the Bar of the City of New York, member; past member of the  Legal Issues Pertaining to Animals Committee, LGBT Rights Committee and Medical Malpractice Committee
  • Defense Research Institute, member
  • Big Hands Little Paws, Inc., founder and chair of a nonprofit organization dedicated to the rescue and adoption of homeless, abandoned and neglected cats and dogs

Recognition

  • Super Lawyers, Personal Injury – Products: Defense, since 2014
  • City and State, Corporate Social Responsibility Award “Outstanding Leadership in Promoting Diversity and Inclusion”, 2018
  • New York State Bar Association, President’s Pro Bono Service Award
Admissions
New JerseyNew YorkU.S. District Court, New JerseyU.S. District Court, New York - Eastern DistrictU.S. District Court, New York - Northern DistrictU.S. District Court, New York - Southern DistrictU.S. Supreme Court
Education

New York Law School

JD 
1988

Drew University

BA 
1985

Capabilities

Legal Practices

Member of:

Medical and Life Sciences
Mass Torts and Industry-Wide Litigation
Product Liability and Comprehensive General Liability

Industry Teams

Member of:

Long-Term Care
Health Care
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Pamela Goldsmith

Pamela B. Goldsmith

Member

pgoldsmith@harrisbeachmurtha.com
Capabilities
People
Harris Beach Murtha Attorneys at Law
Pamela Goldsmith

Pamela B. Goldsmith

pgoldsmith@harrisbeachmurtha.com
D: (212) 313-5494
Newark, NJ Office
New York, NY Office

Profile

Pamela is a trial attorney representing a diverse range of clients in complex litigation throughout New York and New Jersey. She concentrates in malpractice, general liability, product liability, mass torts and toxic tort litigation.

Pamela has represented health centers, radiology facilities, physicians, dentists, chiropractors, podiatrists, and allied health professionals in malpractice and negligence actions involving all areas of health care practice. She also represents some of the largest senior living and long-term care owners/operators in North America. Her extensive experience in defending these clients is evident in each step of the litigation – understanding and building the necessary defense; taking and defending depositions; securing the essential experts; evaluating the liability, causation and damage issues; engaging in alternative dispute resolutions; and taking the case to trial. This tenacity has translated to multiple summary judgment dismissals and defense verdicts.

Pamela has also served as national, local and trial counsel in all phases of complex litigation, representing manufacturers and distributors in state-coordinated and federal multi-district litigation involving medical devices and personal care products. She served as national coordinating counsel for several medical device companies involved in mass tort litigation arising out of the use of a pain pump to deliver medication to the shoulder, knee and ankle following arthroscopic surgery.

Pamela also has experience representing companies, corporations and landlords/owners in premises liability litigation, including maintenance and security issues. Her broad range experience in toxic tort litigation includes representing manufacturers in asbestos claims and defending claims brought by off-site workers after the World Trade Center terrorist attack of September 11, 2001.

Areas of Expertise

Legal Practices

Member of:

Medical and Life Sciences
Mass Torts and Industry-Wide Litigation
Product Liability and Comprehensive General Liability

Industry Teams

Member of:

Long-Term Care
Health Care

Focuses

Please select listing to show.

Admissions

New JerseyNew YorkU.S. District Court, New JerseyU.S. District Court, New York - Eastern DistrictU.S. District Court, New York - Northern DistrictU.S. District Court, New York - Southern DistrictU.S. Supreme Court

Representative Matters

Trial verdicts/dismissals include:

  • New York State Supreme Court: Obtained defense verdict in medical malpractice action against surgeon for alleged improper performance of surgery resulting in nerve damage.
  • New York State Supreme Court: Obtained defense verdict in medical malpractice action against surgeon for alleged failure and delay in diagnosing breast cancer.
  • New York State Supreme Court: Obtained defense verdict in podiatric malpractice action against two podiatrists for alleged improper performance of surgery resulting in osteomyelitis.
  • United States District Court, Eastern District of New York: Obtained defense verdict for soccer camp in action alleging that minor child developed reflex sympathetic dystrophy and psychological conditions from ankle taping by trainer.
  • New York State Supreme Court: Obtained defense verdict in podiatric malpractice action against podiatrist for alleged improper performance of surgery.
  • New York State Supreme Court: Obtained defense verdict for personal trainer and health club in action alleging plaintiff developed severe injuries from weight lifting exercises performed at direction of personal trainer.
  • New York State Supreme Court: Obtained defense verdict in podiatric malpractice action against podiatrist for alleged improper performance of surgery.
  • Superior Court of the State of New Jersey: Obtained defense verdict in podiatric malpractice action against podiatrist for alleged improper performance of surgery.
  • New York State Supreme Court: Obtained dismissal of medical malpractice action against anesthesiologist for alleged claims of improper spinal anestheisa leading to development of osteomyelitis.
  • New York State Supreme Court; Obtained dismissal in medical malpractice action against internist for claim of wrongful death for alleged failure to detect and treat an aortic dissection.
  • New York State Supreme Court: Obtained dismissal of claim of dental malpractice for alleged improper prosthodontic treatment.
  • New York State Supreme Court; Obtained dismissal of medical malpractice action against ringside physician for alleged failure to stop a boxing match in which the plaintiff alleged severe brain damage.
  • New York State Supreme Court: Obtained dismissal of medical malpractice action against emergency medicine physician for claims of improper treatment resulting in upper extremity amputation.
  • New York State Supreme Court: Obtained discontinuance of medical malpractice action against radiologist for claims of improper interpretation of radiology films, resulting in alleged delay in diagnosing breast cancer.
  • New York State Supreme Court: Obtained dismissal of medical malpractice action against emergency medicine physician for claims of failure and delay in diagnosing cervical fracture.
  • Civil Court of the City of New York: Obtained dismissal against health club in action alleging defective equipment and improper maintenance of equipment.
  • New York State Supreme Court: Obtained dismissal of negligence action against cleaning company for claims relating to a slip and fall incident involving failure to place warning signs.
  • New York State Supreme Court: Obtained summary judgment in business defamation action.

Reported Cases:

  • Francis v. Long Island College Hospital, 45 A.D.3d 529, 844 N.Y.S.2d 721 (2d Dept, 2007): Obtained dismissal of medical malpractice action against anesthesiologist for plaintiff’s failure to prosecute.
  • Grafi v. Solomon, 274 A.D.2d 451, 711 N.Y.S.2d 905 (2d Dept, 2000): Precluded plaintiff from obtaining information regarding defendant physician’s medical history.
  • Farmer v. Central Elevator, Inc., 255 A.D.2d 289, 679 N.Y.S.2d 636 (2d Dept, 1998): Obtained dismissal of action for negligent repair and maintenance claims against elevator company.
  • Bilan v. Klein, 250 A.D.2d 636, 673 N.Y.S.2d 159 (2d Dept, 1998): Successfully defended client on appeal for negligent maintenance and repair.
  • Crump v. Lyons, 172 Misc.2d 968, 660 N.Y.S.2d 650 (N.Y. Sup, 1997): Obtained disqualification of plaintiff’s counsel for prior representation in action by shareholders of magnetic resonance imaging services corporation for alleged failure to distribute profits.
  • DeStefano v. MT Health Clubs, Inc., 239 A.D.2d 200, 658 N.Y.S.2d 3 (1st Dept, 1997): Successfully opposed plaintiff’s motion for summary judgment in action for alleged claims of personal injuries from performance of massage.

Distinctions

Professional and Civic

  • LGBT Bar Association of New York, member of the Association’s Board of Directors and former co-vice chair, Judiciary Committee
  • 2018 Civil Court Independent Screening Panel, member
  • Association of the Bar of the City of New York, member; past member of the  Legal Issues Pertaining to Animals Committee, LGBT Rights Committee and Medical Malpractice Committee
  • Defense Research Institute, member
  • Big Hands Little Paws, Inc., founder and chair of a nonprofit organization dedicated to the rescue and adoption of homeless, abandoned and neglected cats and dogs

Recognition

  • Super Lawyers, Personal Injury – Products: Defense, since 2014
  • City and State, Corporate Social Responsibility Award “Outstanding Leadership in Promoting Diversity and Inclusion”, 2018
  • New York State Bar Association, President’s Pro Bono Service Award
Attorney Advertising. Prior results do not guarantee a similar outcome. © 2026 Harris Beach Murtha Cullina PLLC
Content current as of October 13, 2026 3:23 am