Top Medical Malpractice Attorneys
Our attorneys are recognized as leaders in New York
medical malpractice trial law. Six of our attorneys have achieved
AV Preeminent status with
Martindale-Hubbell representing the highest ranking for ethical standards and legal ability.
Five of our attorneys have been included in
Super Lawyers in the New York Metropolitan Area as published in the Magazine Section
of the New York Times. Our firm is listed among the
Best Lawyers in the State of New York and is listed among the Best Law Firms in the
New York Metro area by
US News & World Report in the field of
medical malpractice law.
Our Attorneys Protect the Rights of Victims of Medical Malpractice
When a patient undergoes medical treatment, they expect their physician
to act in a safe and responsible manner. When a medical provider acts
negligently, however, the results can be devastating for the patient.
a study performed at
Johns Hopkins and published in 2016, medical errors are the third-leading cause of death
in the United States of America.
Medical error—the third leading cause of death in the US, Makary, Daniel, M., BMJ 2016;353:i2139 In
a 2016 letter to the Director of the United States Centers for Disease Control and Prevention
(CDC), patient safety experts at John Hopkins who analyzed medical death
rate data over an eight-year period, have calculated that more than 250,000
deaths per year in the United States are due to medical error. Unfortunately,
medical errors are not classified separately on death certificates and
are under-reported. Victims of medical malpractice, or physician error,
would not be able to ascertain this information by looking at a Death
What is unsaid in this report, but remains abundantly clear, is that
this study only relates to those who died as a result of medical negligence. Undoubtedly,
many more cases exist concerning patients who were seriously or catastrophically
injured by medical negligence. This is why it is critical for someone
who believes that they, or a loved one, are the victim of medical malpractice
to contact an experienced New York attorney with th expertise and resources
to thoroughly investigate a potential claim and seek justice for those affected.
Medical malpractice can cause patients serious injuries and force them
to face a number of hardships. In addition to the serious physical ailments
that can be caused by a medical provider's negligence, patients may
also be forced to face a number of serious financial hardships. Victims
of medical malpractice may be forced to deal with lost wages due to time
missed at work, serious damage to their future earning potential, and
high medical bills. Fortunately, victims of medical malpractice may be
able to recoup compensation for their losses by filing a lawsuit. As a
result, patients who have suffered an injury or illness due to a doctor's
negligence, should not hesitate to contact a New York medical malpractice lawyer.
Call Us to Learn How We Can Help
If you need medical malpractice representation, it is important to retain
a skilled attorney. Queller, Fisher, Washor, Fuchs & Kool, L.L.P., was formed by the merger of two major New York medical malpractice and
personal injury law firms. We have the experience to handle any case,
no matter how complex. For a
free consultation, please call our New York medical malpractice attorneys at 212-406-1700 or
contact us on-line.
Results include a $46 million verdict for misdiagnosed congestive heart
failure and $13.2 million for a wrongful death/medical malpractice claim.*
What Is Medical Malpractice?
What Are the Elements of a Medical Malpractice Case?
Medical malpractice is generally defined as a medical provider's deviation
from the accepted standard of care of the medical community. While medical
malpractice can result in injury and indicates wrong doing on behalf of
the medical provider, it does not necessarily present grounds for a lawsuit.
In order to have a valid medical malpractice lawsuit, all of the following
elements must all be true:
- To have grounds for a medical malpractice case, the medical provider had
to have owed a duty of care to their patient. A duty of care is a legal
obligation that an individual has to adhere to a standard of reasonable
care while performing any action that has the potential to cause injury.
Medical providers have a duty to their patients to adhere to the accepted
standard of care of the medical community in their field.
- The medical provider must have breached their duty of care. A medical provider
has breached their duty of care when their treatment fails to meet the
accepted standard of other providers in the same field. For instance,
if a patient suffers symptoms that indicate a particular ailment, but
the doctor fails to order tests that another competent physician in the
same field would have ordered, the physician may have breached their duty of care.
- The medical provider's breach of duty has to have directly caused their
patient injury. For instance, if a doctor fails to order the correct tests
to review a patient's symptoms, and the patient becomes sicker as
a result, they may have grounds for a medical malpractice lawsuit. If,
however, the doctor's breach of duty was not directly responsible
for the patient's injury, they may not be liable for damages resulting
from the injury.
- The medical provider's negligence must have caused the patient to suffer
either economic or non-economic damages. Any financial loss caused by
the medical provider's negligence are considered economic damages,
including lost wages, damage to future earning potential, and medical
bills uncovered by the patient's insurance. Pain and suffering, mental
anguish, and loss of life's enjoyment caused by the injury are considered
medical malpractice attorneys have represented individuals and families in claims involving:
In some cases, a patient's medical procedure can prove fatal. When
a patient's death is the result of medical malpractice, their families
may be able to recover compensation by filing a
wrongful death lawsuit. In a wrongful death lawsuit, deceased patients' families
are entitled to receive compensation for any economic damages caused by
their loved one's death, such as lost wages, funeral costs, and medical
bills uncovered by insurance. Victims' families may also be able to
receive compensation for non-economic damages, such as pain and suffering
before death, loss of consortium, and loss of parental guidance. At Queller,
Fisher, Washor, Fuchs & Kool, our medical negligence lawyers have
a history of success handling wrongful death lawsuits after a physician's
negligence lead to the death of a patient.
In addition to these cases, we can assist you with injuries and death resulting from:
|Dangerous drugs and medications
|Insurance/HMO failure to treat
||Blood transfusion injuries
Working with the highest-quality medical experts, we will investigate the
error or negligence that caused your injury and hold the responsible parties
liable. We seek compensation for medical bills, long-term care, lost income,
pain and suffering, and additional related expenses.
Our Firm Has a History of Success Handling New York City Medical Negligence Cases
At Queller, Fisher, Washor, Fuchs & Kool, our attorneys have been defending
clients' rights in personal injury and medical malpractice cases for
over 50 years. Our firm is known for having a sustained record of success
in medical negligence and personal injury cases. We have recovered over
$1 billion in compensation for our injured clients. Time and again our
lawyers have shown their ability to obtain justice at trial when they
believe medical providers and insurance companies are not offering the
fair value of a case. We credit our success to our wealth of resources,
hard working staff, innovative technology, and compassionate first-class
Our medical malpractice
verdicts and settlements include:
$46 million verdict for a woman who died due to a medical mis-diagnosis. The plaintiff
was a 39-year-old mother of three young children who initially went to
Brooklyn Hospital Center complaining of chest pains. An internist at the
hospital initially diagnosed her with septic shock caused by a stomach
infection. Following the diagnosis, the internist ordered intravenous
fluids. The patient, however, did not have a stomach infection, her lungs
were filling up from congestive heart failure. As a result, the intravenous
fluids ordered by the hospital caused the patient to drown. The patient
should have been given diuretics and heart medication to flush out the
fluid already in her lungs.
$46 million verdict following a surgical error. The plaintiff, a 22-year-old
college student from Peru, was recovering from facial surgery when he
visited the emergency room at New York Hospital complaining of a headache
and fever. In order to rule out meningitis, the hospital staff decided
to perform a spinal tap. During the procedure, the plaintiff began breathing
irregularly. Despite the plaintiff's irregular breathing, the doctors
did not attempt to normalize it for two hours. Eventually the doctors
decided to insert a tracheal tube, but botched the procedure. As a result,
the patient suffered serious brain damage due to lack of oxygen. The hospital
claimed that their insertion of the tracheal tube had nothing to do with
the patient's brain damage and refused to offer a settlement. Queller
Fisher took the case to trial and secured the injured patient a verdict
of $46 million.
$27.5 million recovery following a surgical error. An 8-month-old child was admitted
to Queens General Hospital emergency room while suffering from an ear
infection and fever. The child's temperature had reached 105 degrees
and he had begun to shiver before his admission to the hospital. In order
to rule out spinal meningitis, the hospital staff decided to give the
infant a spinal tap. While performing the spinal tap, the attending nurse
bent the infant's head at such a severe angle that it cut off the
air supply to his windpipe. The result of the nurse's negligence led
to the infant sustaining severe brain-damage, mental retardation, and
caused him to become a quadriplegic. The hospital denied any negligence,
claiming the child's injury was unrelated to the settlement. As a
result, they only offered the family a settlement of $2.5 million. The
medical negligence lawyers at Queller Fisher rejected the offer and secured
a $27.5 million verdict at trial.
$13.2 million judgment following a mother's death due to doctor error. A 36-year-old
woman reported difficulty breathing following the delivery of twin boys
via C-section. After reporting her breathing issues to the hospital, the
woman was treated with blood thinners for a pulmonary embolism. Her autopsy
revealed that she did not have a pulmonary embolism, but had been suffering
from internal bleeding stemming from her C-Section. Queller Fisher's
wrongful death lawyers argued that the doctors and hospital had misdiagnosed
the client's condition, ordered the wrong tests, and made the bleeding
worse by administering blood thinners.
$8 million recovery for a doctor's failure to diagnose internal bleeding. An 18-year-old
woman was involved in a motor vehicle accident and was taken to the emergency
room. The doctor's failure to identify her internal bleeding caused
the woman to suffer cardiac arrest with ensuing brain damage.
$5.4 million recovery for a woman who sustained an
intra-cranial hemorrhage after being discharged from a hospital with elevated blood pressure and
$6.25 million recovery for the family of a teacher who went into a coma following the
improper administration of
$5.8 million recovery in a
birth injury lawsuit after a physician caused brain damage to an infant by negligently applying forceps.
$5 million recovery for the failure to perform a timely C-Section. A 35-year-old pregnant
woman was admitted to the emergency room with high blood pressure. Physician's
failed to perform a timely cesarean section, despite having diagnosed
the woman with a condition known as preeclampsia. Due to the doctor's
failure to quickly perform a C-Section, the mother suffered a stroke.
$4.7 million recovery for the failure to properly diagnose meningitis. The client was
a 25-year-old who was diagnosed with an ear infection and sent home with
prescription painkillers. The following day, the patient returned to the
hospital vomiting and suffering from seizures; he was eventually diagnosed
with meningitis. The failure to initially diagnose meningitis left the
$4.6 million recovery for the mis-diagnosis of an infection affecting the heart. A 5-year-old
girl was brought to the emergency room while suffering from dehydration.
The physician's failure to recognize her infection led to cardiac
arrest with ensuing neurological problems.
$3.4 million recovery for the mother of an infant who suffered brain damage after being
born three months premature. The mother had previously given birth prematurely
and had informed her doctor that she was diagnosed with an incompetent
cervix. Several months into the pregnancy, the mother was treated in the
emergency room. The records from the emergency room indicated she would
have to undergo a cervical cerclage. Despite records that indicated the
mother would have to undergo the procedure to prevent premature birth,
the doctors never performed the operation. As a result, the premature
birth caused the infant to suffer from brain damage, Cerebral Palsy, spastic
quadriplegia, and a speech impediment.
$3.9 million recovery for the family of a woman who died shortly after giving birth.
The mother gave birth via C-Section. Later in the evening, the mother
began to develop signs and symptoms of infection, including low blood
pressure, increased heart rate, and a low white blood cell count. The
overnight resident doctors and nurses failed to contact her obstetrician
or render any treatment to address the complications. By the morning,
the mother had gone into shock resulting from severe bacterial infection.
The mother died several days later.
$2.85 million recovery for a 21-year-old woman who suffered a stroke after her doctor
failed to diagnose a bleeding disorder.
$2.4 million recovery for a 33-year-old man who suffered cardiopulmonary arrest and
permanent neurological injuries. He suffered the injuries after his tracheal
tube became obstructed with mucous while in the intensive care unit of
a Long Island hospital.
$2.2 million recovery on behalf of a 63-year-old man who suffered a stroke following
open heart surgery.
$1.3 million recovery on behalf of the estate of a woman who died following a
mis-diagnosis of Hodgkin's disease.
$7 million recovery for the family of a woman who died the day after delivering twins
at a state hospital facility
$5 million jury verdict on behalf of a woman who suffered a stroke as a result of
a failure to diagnose and treat preeclampsia at the time of childbirth
$5.2 million recovery for a 25-year-old woman who suffered liver damage as a result
of the negligent performance of abdominal surgery
$3.9 million for the family of a corrections officer who died as a result of negligent
medical treatment following an asthma attack at work
$2.3 million settlement to the children of a woman who died following childbirth
$4.5 million recovery to the husband of a woman who died following a transfusion of
$3.5 million recovery for a woman who suffered a stroke after being prematurely discharged
from an emergency room
$2.2 million settlement for a 38-year-old-woman whose diagnosis of colon cancer was
delayed as a result of medical negligence
$4 million settlement for the wife and daughter of a man who died as a result of
a delay in diagnosing and treating tuberculosis
How We Handle Insurance Companies and Medicaid in Malpractice Cases
The Importance of Having a Skilled Medical Malpractice Lawyer
Contact Our New York Attorneys
At Queller, Fisher, Washor, Fuchs & Kool, our attorneys work on a contingent
fee basis, meaning representation is free of charge unless we recover
compensation for our clients. As a result, clients can rest easy knowing
that their case will receive the necessary attention and resources to
maximize its potential recovery.
Have you suffered further injury or illness after receiving treatment from
a medical provider? If so, you may be entitled to compensation. For a
free, no-obligation consultation, call 212-406-1700 or contact us on-line.
Queller, Fisher, Washor, Fuchs & Kool will review your claim to see
how we may be able to help you.
*Prior results cannot and do not guarantee or predict a similar outcome
with respect to any future matter, including yours, in which a lawyer
or law firm may be retained. Verdicts are subject to reduction and modification