John F. Toto


John Toto is a senior trial partner who focuses primarily on the defense of complex medical malpractice cases. He also tries high-exposure general liability cases.

For over 34 years, John has successfully defended hospitals, physicians, nurses and physicians’ assistants in a variety of significant cases which involve catastrophic injuries, including claims of: obstetrical malpractice resulting in brain-damaged infants; failure to diagnose colon, liver, lung and breast cancers; surgical malpractice; alleged anesthesia mismanagement; psychiatric malpractice; alleged failures of emergency department physicians and personnel; alleged improper cardiology care; and alleged insufficient or improper hospital policies and procedures.

John has also tried significant and complex products liability and general liability cases, including the defense of a manufacturer of rescue rope and harness apparatus used by the New York City Fire Department, against claims by multiple plaintiffs who brought wrongful death and personal injury actions alleging improper design and manufacture of the equipment; the defense of the City of New York in a multi-plaintiff case involving the shifting and collapse of several homes in an entire neighborhood, alleged to have been caused by defects in the sewer system; and a federal class action involving claims of design defects in an intrauterine device.

John has lectured on various aspects of risk management and medico-legal issues at several metropolitan area hospitals and insurance carriers. He has also conducted continuing legal education lectures for the New York State Bar Association. John also co-administers the firm’s in-house continuing legal education program for associates.

John graduated magna cum laude and Phi Beta Kappa from Queens College of the City University of New York in 1975. He earned his law degree at St. John’s University School of Law in 1978. Prior to joining Gordon & Silber, John was a founding partner at a prominent Long Island medical malpractice defense firm. He is admitted to practice in New York, and in the Southern and Eastern Districts of the United States Federal District Court for New York. Due to his breadth of experience, John has been invited to serve on the Medical Malpractice Advisory Committee of the New York State Supreme Court, New York County; the Medical Malpractice Committee of the New York State Bar Association’s Trial Lawyers Section; and the committees on Trial Tactics and Medical Liability and Healthcare of the Defense Research Institute.

John lives with his wife, a hospital administrator, in Long Island, New York.