Kevin S. McDonald - Personal Injury & Medical Malpractice Attorney
New York, NY
Kevin S. McDonald is a
trial lawyer and Partner in our firm. Kevin’s practice is primarily dedicated to the representation of
Plaintiffs in cases involving life changing injuries and
wrongful death, particularly those resulting from
Kevin graduated Cum Laude from the University of Notre Dame and then studied
law at the
Fordham University School of Law where he graduated in 1974. For the past 30 years, Kevin has
represented clients injured through the negligence of others, virtually all in the area of
medical malpractice. His track record of success is impressive by any standard. He has achieved over 30
verdicts and settlements in excess of one million dollars.
Of particular note is one of the
largest medical malpractice verdicts in New York state history wherein a jury found that a
New York Hospital negligently failed to respond to respiratory distress for a young man resulting in severe brain damage and awarded $46.2 million
Kevin combines a scrupulous approach to the preparation of a case for trial
with a firm understanding of
complex legal and medical issues. He knows that cases are very often won or lost in their preparation and
he focuses his efforts in that regard to insure that his clients are given
the best representation possible during all phases of the litigation.
Kevin’s attention to detail and legal acumen are very evident when
it comes to the taking of depositions of various types of medical providers.
His precise and insightful questioning of these witnesses has enabled
him to successfully establish the liability of the defendants in a manner
which leaves little room for argument.
Kevin is then able to translate his intense preparation into a comprehensible
and compelling story for the jury. In contrast to many
medical malpractice lawyers who rarely see the inside of a courtroom, Kevin has
extensive trial experience, having taken many cases to trial and verdict. He has an intimate understanding
of the dynamics of a jury trial, a unique combination of theater, persuasion
and strategy–and uses the latest digital technology and other sophisticated
courtroom techniques to maintain jurors’ interest and convince them
of the merits of his client’s case.
Kevin reflects his single-minded pursuit of justice in what many consider
to be the most challenging area of
personal injury law.
Medical malpractice work requires an in-depth knowledge not just of the law but of medicine
as well, and a lack of preparedness can doom a case. “You’ve
got to know your case cold,” Mr. McDonald says. His achievements
in the courtroom demonstrate that he never fails to live up to his word.
Significant Verdicts and Settlements
- $46.6 Million Verdict for 24 year old college student who sustained hypoxic
brain damage when, after presenting to the ER with headaches and fever,
underwent a spinal tap following which his breathing deteriorated over
a two hour period. ER doctors failed to intubate him and he went into
respiratory arrest resulting in hypoxic brain injury.
- $4 Million Settlement for a 4 year old girl who sustained hypoxic brain
damage when the doctors at the defendant hospital failed to recognize
fetal distress during the mother's labor and failed to perform an
emergency Cesarean Section.
- $3 Million Settlement during trial of a 48 year old man who had an above
the knee amputation of a leg due to a delay in diagnosing and treating
post operative compartment syndrome.
- $2.9 Million Settlement for a child who sustained hypoxic brain injury
at birth when the defendant obstetricians failed to recognize fetal distress
during the mother's labor and do an emergency Cesarean Section.
- $2.85 Million Settlement for 57 year old man who suffered a disabling hemorrhagic
stroke brought on by aspirin which was improperly prescribed by the ER
doctor when plaintiff was sent home after presenting with neurological
symptoms consistent with a small intra-cranial bleed.
- $2.6 Million Settlement for a 58 year old man who required bilateral leg
amputations due to failure of the defendant vascular surgeon to recognize
and treat post operative thromboses and ischemia following aortic aneurysm repair.
- $2.1 Million Verdict of a man who became mentally unstable with fear of
sudden death after learning that a surgical instrument had been left inside
his body during surgery at the defendant hospital. His mental illness
necessitated institutionalization at a psychiatric hospital.
- $2 Million Settlement for a 1 year old boy who suffered brain damage due
to the failure of the defendant hospital to promptly identify and surgically
drain a sub-arachnoid hemorrhage when the child was taken to the ER with
acute neurological changes.
- $1.9 Million Settlement during trial for a 19 year old man who required
amputation of a leg due to a delay in diagnosing and treating compartment
syndrome that developed after surgical repair of an ankle fracture from
a dirt bike accident.
- $1.6 Million Settlement during trial for the death of a 91 year old woman
who resided at the defendant nursing home. Plaintiff was given sulfa medication,
to which she had a known allergy, and developed severe burns as a reaction
to the sulfa, and died.
Areas of Practice
Professional Associations and Memberships