Queller, Fisher, Washor, Fuchs & Kool, L.L.P.

Medical Malpractice Process

Have You Been Injured in a Medical Procedure?

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 Queller, Fisher, Washor, Fuchs & Kool's process for handling medical malpractice lawsuits:

Before Filing the Lawsuit

After initially being retained, Queller, Fisher, Washor, Fuchs & Kool 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 attorneys file the lawsuit.


After the filing of the lawsuit discovery begins for both sides. During discovery, the attorneys for both sides provide each other with information they do not already have. Additionally, depositions are 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 attorneys file a notice of issue and the case is placed on the trial calendar.


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 daunting to injured patients, it is the only way for them to obtain the compensation they may be entitled to receive. The clients of Queller, Fisher, Washor, Fuchs & Kool can rest easy knowing that we will handle every stage of the lawsuit. Furthermore, we pursue maximum compensation for all of our clients.

If you have been injured during a medical procedure, you may have grounds to file a medical malpractice lawsuit. For a free review of your available legal options, call 212.406.1700 or contact us online. Our medical malpractice lawyers will review your claim to see how they may be able to help you.

Client Reviews
"I would not go anywhere else if I had a personal injury case in New York again." Oscar G.
"My contact with them was always smooth and trouble-free." Orlando B.