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

Upstate New York Medical Malpractice

Patients expect medical practitioners to proceed with a certain degree of caution and care, in addition to being adequately skilled, whilst performing any form od medical treatment or surgery. In the case that a doctor fails to act in the appropriately prescribed manner and therefore, acts negligently, the patient might be forced to face severe and life-altering ramifications. In addition to the numerous physical ailments that may result from medical negligence, victims may also be forced to endure a plethora of financial problems. Victims may be forced out of the workforce either temporarily or permanently resulting in a loss of wages and damage to potential future income. Additionally, the physical injuries sustained might require recurring medical attention which gives rise to exorbitant medical fees, which often times are not covered by insurance. The law provides a remedy for the aforementioned injustice by allowing individuals who have sustained an injury due to a medical practitioner’s negligence to recoup compensation for the damages that they have sustained by filing a medical malpractice lawsuit.

What is Medical Malpractice?

A physician’s deviation from the accepted standard of care, as delineated by the medical community, is defined as medical malpractice. It is imperative to understand that sustaining an injury is not sufficient grounds for filing a medical malpractice lawsuit. In order for there to be a valid medical malpractice case, all the following elements must be met:

  • The existence of a duty of care on behalf of the medical practitioner to the patient needs to be demonstrated. A duty of care is established as the responsibility an individual has to act according to generally accepted standards of care while carrying out actions that could potentially harm others. Medical providers owe a duty of care to their patients to act according to the standards and procedures that are commonly accepted within the medical community.
  • 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 must be directly responsible for the resulting injury. For example, if a doctor fails to order certain tests, despite the presence of indicating symptoms, due to which the patient falls even sicker, there may be a valid case for medical malpractice.
  • The patient must have sustained either economic or non-economic damages as a result of the injury. Economic damages are defined as lost wages, damage to future earning potential and medical costs. Non-economic damages refer to pain and suffering, mental anguish, loss of enjoyment of life and loss of consortium.

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

In certain cases, depending on the degree of the malpractice, a physician’s negligence can result in the death of a patient. In such a scenario the family of the deceased can file a wrongful death suit against the responsible party. In a wrongful death suit, the family of the deceased may receive compensation for economic damages, such as medical costs, lost wages and funeral costs. Additionally, non-economic damages, such as pain and suffering, loss of enjoyment of life and loss of parental guidance may also be compensated.

Working with experienced experts, out attorneys aim to assess and investigate the degree and nature of the malpractice that occurred and in doing so attempt to secure the highest possible compensation for our clients. We understand the hardships that one might safe whilst recovering from a physician’s negligence and thus, believe that alleviating one’s financial burdens can help to restore a sense of justice and stability in the victim’s life.

In addition to the aforementioned categories, we also deal with cases pertaining to:

  • Dangerous drugs and medications
  • Blood contamination
  • Anesthesia accidents
  • Insurance/HMO failure to treat
  • Unnecessary surgery
  • Blood transfusion injuries
  • Pharmacy negligence
  • Hospital negligence
Settlements Secured

The attorneys at Queller, Fisher, Washor, Fuchs & Kool have secured a number of settlement in favor of our clients. Some of your highest and more prominent settlements are listed below:

  • $46 million verdict for a woman who died due to a medical misdiagnosis. 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.
Upstate New York – Bowel Obstruction and Perforation Attorneys

Bowel obstructions and perforations have the potential to result in serious medical injury in the case that they are inflicted by a doctor or due to a surgical error, particularly if they are not properly diagnosed and treated. The attorneys at Queller, Fisher, Washor, Fuchs & Kool have over fifty decades of experience representing victims of medical malpractice and will utilize their experience and medical and legal knowledge in order to ensure that you receive the maximum possible compensation you deserve,

What are Bowel Obstructions and Perforations?

The aforementioned serious medical conditions pertaining to the digestive system can often be misdiagnosed as common digestive problems. A bowel obstruction is defined as a partial or complete blockage in the intestines. Obstructions can have extremely severe ramifications and may require immediate hospital treatment or surgery. Some causes of bowel obstructions include:

  • Bowel cancer
  • Tumors
  • Hernias
  • Scar tissue
  • Tuberculosis
  • Diverticulitis
  • Inflammatory bowel disease
  • Crohn’s disease
  • Down syndrome
  • Colorectal cancer
  • Gallstones
  • Stomach cancer
  • Cancer of the small intestine
  • Ovarian Cancer
  • Femoral hernias

A perforated bowel refers to a serious medical emergency which results from a hole or tear in the bowel that causes the bowel contents to empty into the abdominal cavity. In the case that an obstruction is misdiagnosed or untreated it can cause perforations, infections or necrotic (dead) tissue. Common consequences of perforations include peritonitis and sepsis (a blood infection), which can result in immediate death in the case that they are untreated. A perforated bowel is caused by a plethora of medical conditions such as trauma resulting from a vehicle accident, medical misdiagnosis of a bowel obstruction or accidents during surgeries or common medical procedures such as colonoscopies.

Upstate New York – Carotid & Coronary Artery Stenosis Attorneys

Carotid artery stenosis refers to a narrowing or blocking of the carotid arteries, which are located on both sides of the neck. Alternatively, coronary artery stenosis pertains to the narrowing or construction of the heart arteries. In the case that either one of these conditions are left untreated they can cause a stroke or heart attack.

In the case that the aforementioned diseases are adequately and timely diagnosed, stenosis may be treated with balloon angioplasty, stents and other medical procedures. Additionally, certain cases of artery stenosis may even be treated with a daily aspirin regime. In other cases, endarterectomy, which refers to the surgical removal of plaque inside the artery, might be required. However, in the case that either one of these diseases is misdiagnosed or mistreated, the stenosis limits blood supply and oxygen to the brain and to the heart. Consequently, this can result in tragic results including, but not limited to, heart attack and stroke.

Contact Queller, Fisher, Washor, Fuchs & Kool Today

At Queller, Fisher, Washor, Fuchs & Kool our attorneys accept cases on a contingency fees basis. This means that no monetary fees are expected of you until and unless our firm is able to secure a settlement on your behalf; in which case, our fees will be a modest percentage of the sum secured. As a result of this policy, you will not have to sustain any out-of-pocket costs and all individuals have the option to pursue justice, irrespective of their financial means.

In order to avoid any conflicts with the statute of limitations it is imperative that you contact the New York law office of Queller, Fisher, Washor, Fuchs & Kool today in order to schedule a free consultation during which our attorneys will review the facts of your case as well as your future options.

If a negligent medical practitioner has acted negligently causing injury to either you, or a loved one, it is imperative that you contact our New York law office today at 212.406.1700 so schedule a free consultation, or contact us online.

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