Doctors, nurses, therapists and hospitals are held to certain high standards when it comes to caring for their patients. When they breach that standard of care, they should be held accountable for the serious injury or premature death that results from their errors. At Peter DeFilippis & Associates we offer more than 20 years of experience helping injured people use the protection of the law to bring about justice. 

Many people are injured each year as a result of medical malpractice, whether in a doctor’s office or in a hospital. When a doctor fails to use due care and fails to follow accepted standards of medical care in treating a patient and the patient is injured, a claim for medical malpractice may arise. Medical malpractice can occur when, for example, a doctor fails to diagnose or misdiagnoses a medical condition resulting in the patient not receiving timely and proper treatment, when a surgical procedure is carelessly performed resulting in injury or when a doctor’s advice falls below the standard of care in the profession.  

If you believe that you or a loved one was injured by medical malpractice, the idea of commencing a medical malpractice lawsuit can be daunting. Yet medical malpractice law is, in its essence, rather straightforward. If a doctor, hospital or other health care provider or facility fails to provide competent care, and injury results from this failure, they are responsible for the damages caused. 

Our Firm has the utmost respect for members of the medical community. We fully appreciate the significant contribution which health care providers make toward the betterment of all of our lives. However in that rare instance when a patient suffers significant harm and injury as a result of serious misconduct by a health care provider we are prepared to investigate such incidents and determine if a legitimate claim may exist.

We work to remain knowledgeable in present medical customs and acceptable standards of practice. Working closely with doctors and nurses, we strive to gain a complete understanding of the proper medical standards of care pertaining to specific situations. We obtain all necessary medical records and have them evaluated by medical professionals to determine if there has been a departure from accepted medical practice in the medical community where the alleged malpractice occurred. Therefore, our goal is to obtain the greatest amount of information and knowledge about the causes of the injury and the alleged negligence.

If there has in fact been a clear departure from accepted medical practice, we are ready and able to take all steps to fully protect your legal rights. We will work hard to insure that you obtain the fairest compensation attainable for any harms and losses sustained, including any lost earnings and all medical costs. We only accept and pursue cases in which a medical professional has concluded that legitimate medical misconduct resulting in extremely serious and permanent injuries has occurred. 

We take a personal interest in providing injured persons and their families with as much information as possible to help guide them through a difficult time in their lives. We make them feel that they have a true legal ally representing them, so that they can focus on getting medical attention and attending to their recuperative needs.  

Malpractice can occur during delivery and childbirth resulting in permanent injuries to the child. For example, injuries to the baby can occur due to malpractice during delivery when insufficient oxygen reaches the baby resulting in Cerebral Palsy.  

Other examples of medical malpractice would be when a foreign object is left in the patient after a surgery such as a sponge or surgical instrument, and when a physician fails to diagnose or misdiagnoses cancer depriving the patient of the chance for early and possibly lifesaving treatment.  

In a related area, nursing homes must follow accepted professional standards in caring for their residents. If a nursing home resident is injured through the negligence of the home, a claim may be made to recover for the resident's injuries and loss. 

Medical malpractice laws and standards apply to all health care providers, including doctors, surgeons, nurses, midwives, dentists, psychiatrists, psychologists, chiropractors, podiatrists, hospitals and nursing homes. Medical malpractice can take many different forms, such as: 

• Surgical errors

• Misdiagnosis or failure to diagnose illnesses or conditions

• Improper or substandard medical care or treatment

• Failure to provide treatment

• A delay in providing treatment

• Failure to follow up properly

• Errors in prescribing medications

• Negligent obstetrical or gynecological care

• Birth injuries

• Anesthesia errors

• Infections

• Failure to perform or request necessary procedures and tests

• Negligent interpretation of mammograms, x-rays, CT scans and MRI’s

• Failure to obtain informed consent for surgery or invasive tests Failure to provide proper follow-up care

In order to prove a medical malpractice lawsuit in New York, it must be shown that: 

• The health care provider responsible for the medical treatment deviated from the accepted standard of care in his or her field of medicine; and
• The health care provider’s negligence was a substantial factor in causing the patient’s injuries or death.

At the personal injury firm of Peter DeFilippis & Associates, we have handled medical malpractice cases for over two decades and are fully skilled and knowledgeable regarding the handling of these matters. We draw on our proven courtroom litigation skills and work with an established network of medical experts to analyze, and then prove liability and damages.  

Mr. DeFilippis, his staff and "of counsel" attorneys have successfully prosecuted many medical malpractice cases including such areas as: 

• Brain damaged babies
• Cerebral palsy
• Quadriplegia, paraplegia, paralysis and spinal cord injuries due to negligent surgery or injections
• Failure to timely perform Caesarean section
• Failure to timely diagnose breast cancer, prostate cancer, lung cancer and other forms of cancer
• Negligent stomach stapling/gastric bypass surgery
• Amputation of limbs due to improper diagnosis or treatment
• Negligent hip, knee and joint replacement surgery
• Negligent treatment of fractures
• Emergency Room negligence
• Failure to diagnose and treat heart attack, stroke and aortic dissection
• Hospital acquired infections
• Failure to diagnose infections
• Bed-sores (decubitus ulcers)
• Podiatric malpractice and surgery
• Chiropractic malpractice
• Negligent gall bladder surgery
• Uncontrolled hemorrhage during or after surgery
• Improper use of medical instruments, including post surgery compression devices 

Medical Malpractice is a complex area of the law that should be handled by a knowledgeable and experienced attorney. Your attorney must have a solid understanding of the applicable law, as well as the pertinent medical and scientific issues in order to build a compelling case of liability and damages. New York medical malpractice attorney Peter DeFilippis has over 20 years of experience handling medical malpractice cases. Please go to "Verdicts and Settlements" to learn more about sample cases we have successfully prosecuted for our clients. 

For more information regarding our firm and your rights following medical malpractice accidents, contact our firm for a no-charge consultation. The lawyers of Peter DeFilippis & Associates are available 24 hours a day, seven days a week. Please visit the "Contact Us" section of this website to communicate with an attorney immediately.