Personal Injury Medical Malpractice Automobile Accidents Business Law Construction Accidents Contracts

Experienced Westchester County & New York City Medical Malpractice Lawyers 

Medical malpractice occurs when a professional or facility such as a doctor, nurse, or hospital fails to use due care and departs from accepted medical practice causing further harm to a patient during medical treatment. When this occurs you need to consult with a knowledgeable, skilled, and caring medical malpractice attorney. Our lawyers are award-winning specialists in handling Westchester County and New York City medical malpractice claims. We consult with other medical experts to help us determine if a professional failed to follow accepted standards of medical care.

At our firm, we specialize in handling cases related to medical errors, earning recognition as “Top Rated Medical Malpractice Lawyers” by New York Super Lawyers. With extensive experience in medical malpractice law, our attorneys are based in New York City and Westchester County (Ardsley), and we hold deep respect for the medical community. However, under New York law, healthcare professionals are held accountable for medical malpractice, as the consequences of negligence can profoundly impact patients and their families, sometimes resulting in lifelong hardships or even loss of life.

Medical Errors Are the Third-leading Cause of Death 

A study in a current issue of the Journal of Patient Safety says between 210,000 and 440,000 patients each year who go to the hospital for care suffer some type of preventable harm that contributes to their death. That would make medical errors the third-leading cause of death in America, behind heart disease, which is the first, and cancer, which is second. For a medical malpractice claim to be viable, the conduct that caused the injury must violate “the standard of care” in the medical community. The standard of care means the generally accepted practices and procedures of medical professionals performing a particular treatment in a particular local area.

How to Choose the Best Medical Malpractice Lawyer 

When searching for the best medical malpractice lawyers in your area, it’s crucial to select an attorney with extensive experience in preparing and trying these cases. Many lawyers advertise themselves as “trial attorneys” but lack actual courtroom experience and may prioritize quick settlements over your best interests. Each medical malpractice case is unique, and while we do pursue settlements when appropriate, we are fully prepared to go to trial to secure the best outcome for our clients.

A sample of our trial results involving a medical mistake was featured in the New York Law Journal, “Verdicts and Settlements Hall of Fame: Medical Malpractice” in 2014 for the verdict of $3,500,000 in Stothart v. Montefiore Medical Center: Negligent Treatment category. This case was the basis of a newspaper article exposing and detailing the tragic effects connected to medical errors due to staff shortages at local hospitals.

We also resolved the well-publicized medical error case of a 58-year-old Brooklyn cook who died from infection after a New York City Health and Hospitals Corporation surgeon left part of a stethoscope inside the suture line of his stomach after weight loss surgery. A remnant of the stethoscope was discovered with the postoperative specimens. The medical negligence case, which was filed in Brooklyn, was resolved by a settlement before depositions were held for $675,000. 

We handled a medical negligence matter in which a four-month-old, Brooklyn infant was mistakenly administered an adult heart medication instead of a simple antibiotic. The pharmacist at the Hospital incorrectly filled a prescription written illegibly by one of the pediatricians. The improper medicine was given to the infant on four different occasions over a twelve-hour period by nurses on duty. The series of medical errors resulted in the child suffering from near-fatal convulsions that permanently affected her nervous system and caused brain damage. A medical malpractice suit was commenced in the Kings County Supreme Court. The parties settled on the eve of jury selection for a significant sum. The significant award amount is subject to a confidentiality agreement at the request of Defendant New York City Health and Hospitals Corporation.

A notable “Erb’s Palsy” case our firm handled involved a 25-year-old Westchester woman whose late-term sonogram indicated her baby weighed over 10 pounds and had a large head circumference. Despite signs of fetal distress and repeated requests for a Cesarean section, the doctor chose a vaginal delivery. The baby’s head became lodged in the birth canal for ten minutes, requiring emergency resuscitation. An expert OBGYN determined that excessive traction was used during delivery, and appropriate methods for shoulder dystocia were not employed. He stated that a C-section should have been performed from the start. As a result, the baby was left with mild Erb’s Palsy, necessitating years of physical therapy. We filed a medical malpractice suit in Westchester County and after the discovery phase, the matter was settled for $600,000.

Act Promptly, Be Aware of the Statute of Limitations

New York, along with many other states, requires that lawsuits be brought within a certain time period which is referred to as the statute of limitations. If you fail to pursue your case within this time,  you will not be able to do so in the future. Of course, this can be devastating to learn. Medical malpractice cases in New York must be filed within two and one-half years from the date of the incident. Speaking with an experienced Westchester medical malpractice attorney is best as time is of the essence. Call us for a free consultation to be advised promptly and accurately if and when a claim for medical malpractice may arise.

Examples of New York medical malpractice claims we have ably handled include, but are not limited to:

• Doctor fails to diagnose or misdiagnoses a medical condition resulting in the patient not receiving timely and possibly life-saving treatment
• Surgical procedure is carelessly performed resulting in injury and wrongful death
• A child is administered the wrong medicine prescription resulting in convulsions and a brain injury.
• The doctor leaves behind a sponge or gauze during surgery resulting in an infection that requires additional surgeries
• A doctor’s advice falls below the standard of care in the profession
• The child sustains permanent injuries during delivery such as Cerebral Palsy from lack of oxygen
• Peroneal nerve compromised during a total knee replacement surgery resulting in a drop foot
• A surgeon improperly sutures a patient’s stomach after gastric bypass surgery resulting in death
• The Baby’s face is badly scarred during delivery due to improper use of high forceps
• Bed sores caused by the hospital staff’s failure to timely turn the patient over in while bedridden causing wrongful death
• An elderly nursing home resident suffers from a burn injury requiring multiple surgeries due to nursing home negligence and abuse

When a patient suffers significant harm and injury as a result of serious misconduct by a healthcare provider, we collaborate with competent medical professionals to thoroughly investigate such incidents. If there has in fact been a departure from accepted medical practice resulting in significant harm and losses, we strive to ensure you receive the maximum compensation attainable for any injuries sustained. We only accept and pursue cases in which a medical professional expert has concluded that medical misconduct resulting in serious and permanent injuries has occurred.

Some Other Types of Medical Malpractice Cases We Handle

Mr. DeFilippis stands out as a seasoned and prominent personal injury and medical malpractice attorney, showcasing a track record of successfully litigating cases across Brooklyn, the Bronx, Queens, Manhattan, and Westchester. The significance of expertise becomes apparent considering that while many lawyers may handle cases, only a few possess the trial experience to navigate the complexities of the courtroom.

This distinction is vital because insurance companies are keenly aware that most attorneys prefer settling cases rather than taking them to trial. Exploiting this knowledge, they often attempt to reach settlements significantly below the true value of a case. Peter DeFilippis & Associates, however, takes pride in its extensive trial experience, making it a formidable force in negotiations. The demonstrated willingness to bring cases to trial serves as a powerful advantage in dealings with the insurance industry.

Our commitment to our clients is unwavering. Each case we accept is approached with the explicit intention of preparing it for trial, if deemed necessary for the best interests of those we represent. This resolute stance reinforces our reputation and ensures that we stand ready to vigorously advocate for our clients, leaving no room for compromise when it comes to achieving rightful compensation.

Mr. DeFilippis, his staff, and attorneys have addressed medical malpractice cases from the Bronx to Brooklyn to Westchester including medical mistakes, and errors constituting departures from accepted medical practice involving:

Please go to “Verdicts and Settlements“ to learn more about sample cases New York City and Westchester County medical malpractice attorney Peter DeFilippis and his firm have successfully processed for clients. Medical malpractice cases are handled on a contingency basis, in accordance with a fee schedule set by the Court in charge of monitoring the legal profession, which means we do not get paid unless we recover on your behalf.

For more information regarding our firm and your rights following medical malpractice negligence, contact us for a no-charge consultation. The medical malpractice lawyers of Peter DeFilippis & Associates are available for a free consultation 24 hours a day, seven days a week. Please call us at 212 -227-4001 or 914-478-7777.