New York Medical Malpractice Lawyers
Due to New York City's massive size and heavy traffic, accidents causing severe injury to pedestrians occur frequently. Injuries to pedestrians who have been hit by a vehicle are often debilitating. Common injuries include broken bones, internal bleeding, and brain damage. Furthermore, pedestrians represent half of the fatalities caused by traffic accidents in New York City. A study by the New York City Department of Transportation from 1996 through 2005 found that 1,944 pedestrians were killed in traffic accidents. The injuries suffered by a pedestrian who has been hit by a vehicle may permanently alter the course of their life. As a result, injured pedestrians may have grounds to collect compensation for their injuries if the traffic accident was caused by the vehicle operator's negligence. At Queller, Fisher, Washor, Fuchs & Kool, our New York City pedestrian accident lawyers have been defending the rights of traffic accident victims for over 50 years. Our attorneys understand the physical hardships that can follow a pedestrian accident. We are committed to doing whatever we can to aid in our clients' path to recovery.
The attorneys at Queller, Fisher, Washor, Fuchs & Kool take pedestrian accident cases for injuries sustained in car, truck, bus, motorcycle, scooter, bicycle, and train accidents. If you were injured while walking in New York City, our firm will give you a free consultation to learn about your legal options. To see if you have a valid claim, call 212.406.1700 or contact us online.Why a Skilled Pedestrian Accident Lawyer is Essential to Proving Your Claim
The issue of whether the driver of a car in a pedestrian accident was negligent rests on many different factors. An individual may have been standing, walking, jogging, or running when injured, but neither of these factors alone will ever be enough to prove a driver acted negligently and is liable for resulting injuries. A person may have been within a crosswalk or outside of it at the time of the accident, but these facts standing alone will not determine whether and to what extent the driver was negligent. Rather, the issue of negligence requires a careful investigation, analysis, and presentation of all of the relevant contributing factors to an accident. When all of the factors that relate to an accident are considered together, one realizes that almost no two accidents are identical. The skilled attorney must discover, expose, and be ready to present the combined facts to a jury in a manner that is likely to convince a jury, based on a preponderance of the evidence, that it is more likely than not that the operator of the vehicle failed to use reasonable care under the particular circumstances of the accident. Absent the experience and expertise to do this, one cannot expect to garner a favorable settlement or verdict on behalf of a victimized pedestrian.
It is easier to understand how the concept of negligence is evaluated by discussing some of the variables that commonly exist in vehicular accidents involving pedestrians. The most obvious issues pertain to facts such as the following:
- The color of the traffic light for the driver at the time of the accident
- The color of the traffic light or walk/don't walk sign for the pedestrian at the time of the accident
- Whether the pedestrian was in a crosswalk at the time of the accident
- The color of the light when the pedestrian entered the crosswalk, and the color of the light at the time of the accident
- Regardless of the color of traffic control devices, whether the pedestrian looked for oncoming vehicles prior to entering the intersection
- In instances where both the vehicle and pedestrian were governed by a green traffic light, it is important to determine the exact direction of travel of each (for example, a car turning left at an intersection will often have a green light at the same time as the pedestrian who also has a green light/walk signal. However, the pedestrian nevertheless has the right of way in such a situation).
Consideration of the above variables only scratches the surface of issues that must be considered by the experienced and skilled attorney representing a victimized pedestrian. The more sophisticated accident attorney pays great attention and focus to nuances relating to time, speed, and distance. It is these factors that may ultimately tip the table in one direction or another in terms of being able to prove negligence in a pedestrian accident case.Time, Speed, and Distance Considerations for Pedestrian Accidents
The variables of time, speed, and distance are critical to proving negligence in a pedestrian accident case. This is because the answer to questions relating to time and distance will shed light upon the actions of the driver at each crucial point in time, but also answer the question of how much time the driver had to react to the situation, and to avoid the accident. Remember, the claim often involves inattention of the driver either to traffic conditions, traffic signals, and/or to the pedestrian himself. Establishing how much time the driver had to take notice of the prevailing conditions and situation can be critical to the opinion or determination of lawyers and insurance companies of whether the vehicle operator was negligent. In other words whether the driver acted as a reasonably prudent or careful driver would have acted under the same or similar circumstances. One cannot fully evaluate negligence unless one substantially discovers all of the circumstances of the accident.
Questions which are critical to the relationship in terms of time, speed and distance amongst the vehicle and the pedestrian at various points in time include the following:
- Did the driver see the pedestrian at any time prior to the contact and, if so, at that point in time?
- At that point in time, was the vehicle moving?
- Was the vehicle stopped?
- Was the pedestrian moving?
- Was the pedestrian stopped?
- Where in the roadway was the vehicle when the operator first saw the pedestrian?
- Where was the pedestrian in the roadway (or other location) when the operator claims to have first seen the pedestrian?
- Did the victim see the vehicle before the accident?
- If so, where was the victim at that time and where was the vehicle
- At any of the points in time described above, if the vehicle was moving, what was the speed of the vehicle?
- When an observation was first made, last made (or otherwise made) of the pedestrian by the vehicle operator at any static and identified moment in time, what distance separated the vehicle and the pedestrian at that moment in time?
- What speed was the vehicle travelling at each specified moment in time?
- How much time elapsed between various identified static points in time (for example how much time went by from the time of first observation up until the time of contact, or how much time elapsed from the time a turn or other identified vehicular action happened up until the time of contact)?
These questions represent only a small sample of the type of interrogation that must be asked when questioning the driver of the offending vehicle. While the questions may sound redundant, each is distinctly different. The common thread that exists amongst time, speed, and distance questions is that they are designed to discover exactly what the driver did and when, as well as to discover how much time, in the exercise of reasonable care, the driver had to react to the circumstances that existed.Can Drivers be Held Liable if the Pedestrian was Outside the Crosswalk?
To discuss such issues in real terms, we can use the example of a child or other pedestrian who crosses the street, outside of any crosswalk, and outside the presence of traffic control devices for either the driver or the pedestrian. The driver might claim that the pedestrian was responsible for his own accident because he crossed in the middle of the street. One might concede that the fact that the pedestrian didn't cross the street at a designated area was not ideal. However, does this really discharge the vehicle operator from negligence? After all, a pedestrian crossing the street outside of a designated area is a foreseeable event that occurs thousands of times per day in New York City, on a regular and ongoing basis. The operator of a potentially deadly motor vehicle still has the duty, in the exercise of reasonable care, to be attentive and alert for such pedestrians. The operator has a duty to see what is there to be seen, and not to drive at an excessive speed, all of which could contribute to an accident involving a pedestrian. Also, once observing a pedestrian in a roadway, the driver still has the obligation to yield.
Often the driver will claim he was operating the vehicle slowly, and carefully, and exercised reasonable care, yet was still unable to avoid the accident. Certainly if this is true then the driver should not be found negligent. On the other hand, it is fair to test the claims of the driver. For example we have handled multiple cases where the driver claims that a child or pedestrian ran out between two parked cars. This claim borders on a cliché defense that is repeated by defense attorneys because the claim has such appeal to a jury. However, when one crosses a city street, there is almost always a parked car somewhere to the pedestrian's right and somewhere to their left, even if neither car is close. Thus, the claim of emerging onto the roadway "between parked cars" has little meaning until there is an examination of where the parked vehicles purportedly were in relation to the pedestrian when they started to cross the street. Were the vehicles really so close to the pedestrian that they would have obscured the vision of a prudent driver? Even if the pedestrian emerged between two closely parked vehicles, how far was he or she into the roadway when he or she was struck? Are we really going to exculpate a potentially speeding and inattentive driver from any responsibility for striking a pedestrian under these circumstances? Perhaps the person who walked out onto a roadway passed through one or even two full lanes of traffic, was in open view, and was visible for an extended period of time prior to being struck so that any driver, in the exercise of reasonable care, would have avoided the accident?
Obviously, the details must be fully investigated and discovered prior to a determination or argument is made whether a driver was negligent for striking a pedestrian outside of the crosswalk. Liability in these types of cases is not necessarily determined by something as simple as whether the injured individual was in a crosswalk or obeyed general traffic signs. Upon further examination, a driver may be fully or partially responsible for an accident that on first glance appeared to be the fault of a pedestrian. On the other hand, in fairness, an accident that first appears to be the fault of the driver may ultimately be shown to be partly or substantially the fault of the injured party. There are no "automatics" when litigating a personal injury case involving a pedestrian.Our Firm Employees Experts to Help Determine Liability in Pedestrian Accident Cases
As discussed, the answers to the many questions relating to time, distance, and speed can be crucial to the issue of negligence in car accident cases. As a result, our firm often retains expert witnesses such as accident reconstruction experts and engineers. The answers to such questions and the opinions of experts which are based on the discovered facts may logically and or scientifically disprove the version of the accident of one party or the other. In addition to conclusions regarding who did what and when, the answers to such questions also allow one to deduce how much time the driver had to react, and whether the reaction time was diminished due to carelessness or inattention, as opposed to just being the product of what one might consider a normal human reaction that was within the bounds of reasonable care.
Other types of experts that we may retain for your pedestrian accident case include biomechanical engineers. These types of experts are often hired to prove a particular injury was caused by an accident, as opposed to proving fault. Indeed, many attorneys try to defend the case by claiming that the mechanism of contact is not consistent with the type of injury claimed to have been caused. A biomechanical engineer might for example testify regarding a twisting or other movement that occurred as a result of a certain impact. This type of testimony, combined with the expert testimony of an orthopedic surgeon or other qualified medical expert, can be important in thwarting frivolous defenses to serious injury claims. (The defendant's attorney or insurance company may claim that your injury or condition was pre-existing or unrelated to the accident).
Certain types of major injuries are common occurrences in pedestrian accidents. These include "bumper" injuries that often occur at the height of one's legs or up to the area of the hips. Such contact often results in broken bones and fractures to the tibia and/or fibula. These are the bones in the lower leg below the knee. Bumper contacts also frequently break the knee (known as the patella itself). The knee is a joint and a fracture to the knee or other joint often involves serious complications. Contact with the bumper also frequently causes a fracture to the femur which is the main leg bone between the knee and the hip. The top of the femur forms a joint with a bone known as the acetabulum. This is the hip joint and a fracture of the hip or any of the pelvic bones surrounding that is also very serious. All of the aforementioned fractures often involve surgery which requires an open reduction and internal fixation, which in the simplest terms is surgery that requires your broken bones to be "reduced" back into place by an open surgery that requires the insertion of hardware. Of course vehicular accidents can and do cause serious injuries and fractures to all parts of the body of the pedestrian. We have handled numerous pedestrian cases that involved paralysis or death. The catastrophic nature of injuries that result from impact between the human body and a vehicle that may weigh thousands of pounds makes it even more essential to carefully choose an attorney with the experience, expertise, and resources to handle your case.Our Attorneys Will Help You Get the Compensation You Deserve
Individuals who have been hit by a vehicle while walking may have several types of compensation available to them in a lawsuit. Injured pedestrians who are forced to miss time at work due to their accident may be able to recoup compensation for lost wages. Additionally, victims can receive compensation for any damage the accident causes their future earning potential. Individuals who have been struck by a vehicle may also be forced to undergo numerous medical procedures, purchase medication, and make frequent doctor's visits in the future. A lawsuit may provide injured individuals compensation for any medical costs uncovered by insurance. In addition to the economic damages injured pedestrians may be able to recoup, a lawsuit may provide compensation for some non-economic pain and suffering damages. Non-economic damages accident victims may be able to receive include but are not limited to emotional trauma, loss of life's enjoyment, and long term physical pain.
When an individual dies after being struck by a vehicle, their family may have grounds to file a wrongful death lawsuit. As with a regular negligence lawsuit, families filing a claim for wrongful death can recoup compensation for economic and non-economic damage. The compensation families can recover includes but is not limited to lost wages, medical bills, funeral costs, pain and suffering the victim suffered before death, loss of consortium, and loss of parental guidance.
At Queller, Fisher, Washor, Fuchs & Kool, our pedestrian accident attorneys handle lawsuits for injured victims as well as wrongful death claims for grieving families. Our attorneys realize the tremendous hardships a traffic accident can impose on victims and their families. As a result, we are committed to helping ease their financial burden. We will pursue maximum compensation for all damages victims and their families may have suffered due to the accident.
Our notable results include:
- $2.3 Million settlement in a Brooklyn case by Jonny Kool on behalf of a 60 year old dental assistant struck by a commercial van owned and operated by Staten Island University Hospital. The pedestrian sustained serious injuries to both her legs, including a tibial plateau fracture, requiring multiple surgical procedures. The defendants argued that the plaintiff was at fault for this accident as she failed to observe the turning van and avoid the accident. They also argued that she was outside the crosswalk and, therefore, partially to blame for the accident.
- $450,000 settlement in a Brooklyn case by Dallin M. Fuchs on behalf of a 14-year old boy who sustained a fracture of both his tibia and fibula of his left leg requiring an Open Reduction Internal Fixation(ORIF) surgery with hardware. This case went to trial on two separate occasions as the defendant driver claimed that the infant-plaintiff "darted out" between two parked cars and that the accident was completely his fault. At the second trial, shortly after jury selection, Mr. Fuchs was able to demonstrate to the defense, through prior sworn trial and deposition testimony, that the driver failed to observe the infant-plaintiff and could have avoided the accident had she been paying proper attention.
Our attorneys are recognized as leaders in New York personal injury 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.
If you have been struck by a vehicle due to a driver's negligence, you may eligible to receive compensation for any damages suffered. To see if you have grounds to file a lawsuit, call 212.406.1700 or contact us online. All consultations are free of charge.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.
According to 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 Certificate.
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 the 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 online.
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 non-economic damages.
Our medical malpractice attorneys have represented individuals and families in claims involving:
- Failure to diagnose or mis-diagnosis of illness
- Surgical complications and failure to manage
- Laceration and bleeding
- Birth injuries
- Cerebral palsy
- Erb’s palsy
- Intra-ventricular hemorrhage
- Preeclampsia and eclampsia
- Nursing home abuse and neglect
- Cancer Mis-diagnosis
- Hospital Negligence
- Emergency Room Negligence
- Medication Error
- Surgical error
- Failure to preform C section
- Brain damage –babies
- OB/GYN malpractice
- Anesthesia accidents
- Nursing negligence
- Medical negligence
- Arteriosclerosis & Atherosclerosis
- Bowel obstruction perforation
- Carotid coronary artery stenosis
- Ischemic hemorrhagic stroke
- Myocardial infarction heart attack
- Pulmonary embolism deep vein thrombosis
- Wrongful death medical malpractice
- Medical malpractice process
- CAR T-Cell therapy
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 contamination
- Hospital negligence
- Anesthesia accidents
- Unnecessary surgery
- Blood transfusion injuries
- Pharmacy negligence
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 attorneys.
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 no medication.
- $6.25 million recovery for the family of a teacher who went into a coma following the improper administration of anesthesia.
- $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 client blind.
- $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 contaminated blood
- $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
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 online. 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 on appeal.
- Medical Malpractice Questions
- Medical Malpractice Process
- Anesthesia Accidents
- Birth Injury
- Bowel Obstruction Perforation
- Cancer Misdiagnosis
- CAR T-Cell Therapy
- Carotid Coronary Artery Stenosis
- Emergency Room Error
- Failure to Diagnose
- Hospital Negligence
- Ischemic Hemorrhagic Stroke
- Medical Negligence
- Medication Error
- Myocardial Infarction Heart Attack
- Nursing Negligence
- OB / GYN Malpractice
- Pulmonary Embolism Deep Vein Thrombosis
- Surgical Error
- Wrongful Death Medical Malpractice