New York Medical Malpractice Lawyers
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