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Queller, Fisher, Washor, Fuchs And Kool And The Law Office Of William A. Gallina, LLP

MEDICAL MALPRACTICE LAWYERS NYC

Medical Malpractice

Our medical malpractice lawyers in NYC understand the severity of medical negligence. 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. 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 experience 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.

According to a study performed at Johns Hopkins, medical errors are the third-leading cause of death in the United States of America. Unfortunately, medical errors are not classified separately on death certificates and are under-reported. 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 medical malpractice lawyer with the expertise and resources to thoroughly investigate a potential claim and seek justice for those affected. Victims of medical malpractice may be able to recoup compensation for their losses by filing a lawsuit with the assistance our NYC medical malpractice lawyers.

What Is Medical Malpractice?

Medical malpractice refers to negligence committed by a professional health care provider (i.e. a doctor, a nurse, a dentist, a hospital or a hospital worker) whose performance deviates from the standard of care of those with comparable training or expertise which results in harm to the patient(s). The profession itself sets the standard for malpractice by its own custom and practice.

Do I Need An NYC Medical Malpractice Attorney To Pursue My Case?

Absolutely. The complexities of medical malpractice cases make them very difficult and expensive to pursue and litigate. Our medical malpractice attorneys in NYC obtain all medical data that is relevant to your particular medical malpractice case, including proper medical records and laboratory results.

Who Can Be Sued For Medical Malpractice?

Medical malpractice cases apply to doctors, nurses, dentists, hospitals, hospital workers, health care facilities, nursing homes and others providing health care services.

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 be true:

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 the patient’s 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 losses 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 non-economic damages.

What Types Of Medical Malpractice Cases Do You Handle?

Our medical malpractice lawyers in NYC have represented individuals and families in claims involving:

Do Your NYC Medical Malpractice Lawyers Handle Wrongful Death Cases Caused By Medical Negligence?

Yes. At Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP, our medical malpractice lawyers have a history of success handling wrongful death lawsuits involving medical negligence. When a patient’s death is the result of medical malpractice, the victim’s family may be able to recover compensation by filing a wrongful death lawsuit. In a wrongful death claim, the victim’s family is 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. The family 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. Working with some of the top medical experts, our medical malpractice lawyers in NYC 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.

What Is The Medical Malpractice Process Like?

Medical malpractice cases are among the most complex types of personal injury lawsuits. The prospect of filing a lawsuit can seem daunting to individuals who have suffered an injury during a medical procedure. As a result, it is important that injured patients are aware of what goes into a medical malpractice lawsuit. The following is our firm’s process for handling medical malpractice lawsuits:

Before Filing The Lawsuit: After initially being retained, our medical malpractice lawyers in NYC will obtain the client's medical records. We then send the records to be reviewed by a field-specific expert; all of our experts are board-certified physicians. Having records reviewed by an expert is necessary to file suit in New York State. After an expert completes a certificate of merit – an affidavit stating that there is reason to believe that malpractice may have occurred – our medical malpractice lawyers file the lawsuit.

Discovery: Discovery begins for both sides once the lawsuit is filed. During discovery, the attorneys for both sides provide each other with information they do not already have. Depositions are also taken during discovery. A deposition, also known as an examination before trial, is testimony given by witnesses under oath. During a deposition, attorneys from both sides question each other's witnesses. While a deposition may seem daunting for injured patients, we fully prepare our clients for their questioning in advance. Following discovery, our medical malpractice lawyers file a notice of issue and the case is placed on the trial calendar.

Trial: After a case is placed on the trial calendar, pretrial conferences begin. The amount of time before the actual trial begins can vary greatly depending on the venue. The trial is the final step in the process. Following jury selection, the actual trial begins. During the trial, both sides present evidence and question each other's witnesses and experts.

While the trial is the final step of a medical malpractice case, not every case reaches trial. A case can be settled at any time (although settlements typically occur after the notice of issue has been filed).

While a medical malpractice lawsuit can seem intimidating for victims, it is the only way for them to obtain the compensation they may be entitled to receive. Our clients can rest easy knowing that we will handle every stage of the lawsuit. Furthermore, our NYC medical malpractice lawyers pursue maximum compensation for all of our clients.

What Damages Can Be Recovered From A Medical Malpractice Lawsuit?

Damages from medical malpractice lawsuits include:.

  • Medical expenses for treating injuries caused by malpractice
  • Disability damages
  • Disfigurement damages
  • Pain and suffering damages
  • Lost wages due to medical malpractice
  • Inability to earn future wages due to medical malpractice

In specific circumstances, the law permits families of medical malpractice victims (spouses, children and parents) to recover damages for the loss of love, care, companionship and affection of the family relationship lost because of malpractice.

Medical Malpractice Lawyers

What If My Insurance Company, Medicare Or Medicaid Paid For The Treatment That I Believe Was Malpractice - Can I Still Make A Claim Even Though I Did Not Pay For The Treatment?

Yes. Health care providers are required by law to render care and treatment based on the acceptable standard of care. Therefore, it makes no difference who paid for the medical expenses.

What If I Was Admitted To The Hospital As An Emergency And I Do Not Know The Names Of The Doctors That Treated Me?

A record of your treatment at the hospital can easily be obtained with your written authorization; this is because all doctors, nurses and health care providers are required by law to document the specifics of each and every medical encounter in the medical chart.

Who Will Receive Money After A Successful Lawsuit For A Birth Injury Caused By Medical Malpractice?

If a living child suffers harm due to an avoidable birth injury, then the damages awarded as part of a successful medical malpractice lawsuit usually go to the child (sometimes awarded in the form of a trust).

Top NYC Medical Malpractice Lawyers

Our lawyers are recognized as leaders in New York medical malpractice trial law. 6 of our attorneys have achieved AV Preeminent status with Martindale-Hubbell representing the highest ranking for ethical standards and legal ability. 5 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.

Medical Malpractice Attorneys

Our Notable Verdicts & Settlements In Medical Malpractice Cases*

Our medical malpractice lawyers in NYC have been defending our clients' rights for over 60 years. Our firm is known for having a sustained record of success in medical negligence cases. We have recovered over $1 billion in compensation for our injured clients. Time and again our attorneys 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, hardworking staff, innovative technology and first-class medical malpractice lawyers.

Some of our more notable verdicts and settlements include:

$46 Million
Due to a failure of timely intubation, a 24-year-old college student went into respiratory arrest resulting in hypoxic brain injury. His family called our firm and we obtained a $46 million verdict.
$27.5 Million
An 8-month-old child suffered severe brain damage and mental retardation as a result of a nurse’s negligence. Our medical malpractice lawyers secured a $27.5 million verdict at trial.
$10.85 Million
A 32-year-old Brooklyn man suffered as a result of a delay in diagnosing aortic dissection.
$9.6 Million
The family of a brain-damaged child was awarded $9.6 million. At the time of birth, the physicians encountered difficulty delivering the baby and did not perform a C-section in a timely manner. As a result, the child was born severely brain-damaged, blind and deaf.
$8.7 Million
A young Nassau County woman was taken to the hospital after a car accident. The doctors failed to diagnose her internal bleeding, which then led to a cardiac arrest and resulted in brain damage.
$8 Million
A baby suffered brain damage due to medical malpractice following a motor vehicle accident.
$7.8 Million
A young woman was rendered brain-damaged as a result of medical negligence.
$6.25 Million
A school teacher rendered comatose following a negligently-performed medical procedure.
$5.8 Million
A child who was born brain-damaged as a result of medical negligence.
$5.5 Million
A Queens school teacher suffered brain damage as a result of negligence.
$5.5 Million
A Bronx woman who sustained a stroke following childbirth, which resulted in neurologic dysfunction.
$5.4 Million
A doctor failed to treat high blood pressure following a C-section, leading to the victim having a stroke.
$5.3 Million
A Suffolk County woman's hypertension wasn't properly treated during childbirth, resulting in partial paralysis.
$5.1 Million
A young Bronx woman's bile duct was damaged after a negligent performance of surgery, which resulted in serious liver damage.
$5 Million
A woman who suffered a stroke as a result of a failure to diagnose and treat pre-eclampsia at the time of childbirth.
$5 Million
A victim was awarded a $5 million settlement for a surgical error.
$4.7 Million
A man suffered blindness as a result of a failure to diagnose meningitis.
$4.6 Million
A child suffered brain damage due to medical negligence in not properly diagnosing a new condition.
$4.5 Million
A child who was born with brain damage due to a physician's failure to perform a timely C-section.
$4.3 Million
A Queens child suffered brain damage as a result of negligent delivery, resulting in cerebral palsy.
$4 Million
A man whose legs were amputated as a result of negligently performed surgery.
$4 Million
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 Caesarian section.
$3.95 Million
A child who lost 80% of his small intestine due to medical negligence.
$3.6 Million
A brain-damaged baby whose condition was caused by medical malpractice.
$3.5 Million
A woman who suffered a stroke after being prematurely discharged from an emergency room.
$3.5 Million
A young child who was born with brain damage due to the delay in performing the necessary Caesarian surgery.
$3.4 Million
A baby who suffered brain damage due to medical negligence.
$3.1 Million
A baby who was born with cerebral palsy due to a delay by the medical providers in performing a C-section when the baby was in fetal distress.
$3 Million
A 48-year-old man who had an above-the-knee amputation of his leg due to a delay in diagnosing and treating postoperative compartment syndrome.
$2.9 Million
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 Caesarian section.
$2.85 Million
A 21-year-old-woman sustained a stroke after her doctor failed to diagnose a bleeding disorder.
$2.8 Million
A 57-year-old man suffered a disabling hemorrhagic stroke brought on by aspirin which was improperly prescribed by the ER doctor when the Plaintiff was sent home after presenting with neurological symptoms consistent with a small intra-cranial bleed.
$2.6 Million
A woman who lost part of her bowel due to medical malpractice.
$2.6 Million
A 58-year-old man who required bilateral leg amputations due to failure of the Defendant vascular surgeon to recognize and treat postoperative thromboses and ischemia following aortic aneurysm repair.
$2.4 Million
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
A 63-year-old man who suffered a stroke following open heart surgery.
$2.2 Million
A victim was awarded $2.2 million due to a delay in diagnosing cancer.
$2.1 Million
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
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
A 19-year-old man 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
A 55-year-old Suffolk County man was awarded a $1.6 million settlement as a result of a failed lumbar fusion surgery due to improperly placed lumbar pedicle screws which should have been seen intra-operatively. As a result of the failed surgery, the plaintiff sustained nerve damage and needed corrective back surgery.
$750K
A New York patient received a $750k settlement after a faulty knee replacement.
$600K
A hospital patient in the Bronx was awarded a $600k settlement after developing bed sores.
$200K
A nursing home resident in Kings County was awarded $200k after falling and suffering from a fractured rib.
NYC Medical Malpractice Lawyers

How Do I Schedule A Consultation With Your Medical Malpractice Lawyers In NYC?

If you or someone you love has suffered an injury due to medical malpractice, you may be entitled to compensation. For a free consultation with our medical malpractice lawyers in NYC, call our Manhattan office at 212.406.1700, our Bronx office at 718.892.0400 or contact us online. We will review your case and discuss your legal options with you. The attorneys at Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP take all cases on a contingency fee basis, meaning our services are free of charge unless there is a monetary recovery. Our law firm is proud to serve the New York City area, including the Bronx, Brooklyn, Manhattan, Queens and Staten Island, as well as the surrounding counties and New Jersey. We offer legal services in English, Spanish, Portuguese, French and Chinese.

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212.406.1700

BRONX
718.892.0400

NEW YORK CITY
lOCATION

233 BROADWAY
#1800
NEW YORK, NY 10279

212.406.1700

BRONX
lOCATION

1250 WATERS PLACE
SUITE 708
BRONX, NY 10461

718.892.0400

Queller, Fisher, et. al., LLP
Personal Injury Lawyers Serving NYC

*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 ON APPEAL.

*AV PREEMINENT AND BV DISTINGUISHED ARE CERTIFICATION MARKS OF REED ELSEVIER PROPERTIES INC., USED IN ACCORDANCE WITH THE MARTINDALE-HUBBELL CERTIFICATION PROCEDURES, STANDARDS AND POLICIES. MARTINDALE-HUBBELL IS THE FACILITATOR OF A PEER REVIEW RATING PROCESS. RATINGS REFLECT THE CONFIDENTIAL OPINIONS OF MEMBERS OF THE BAR AND THE JUDICIARY. MARTINDALE-HUBBELL RATINGS FALL INTO 2 CATEGORIES: LEGAL ABILITY AND GENERAL ETHICAL STANDARDS.