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Medical Malpractice

PictureMedical 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 injury to a patient during medical treatment. We are highly experienced and successful medical malpractice attorneys based in New York City and Westchester County (Dobbs Ferry) with the utmost respect for members of the medical community. However, under the laws of New York healthcare professionals are accountable for instances of medical malpractice as the effects of negligence on the patient and their loved ones can be devastating and last a lifetime or cost a life.

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 the particular treatment in the particular local area.

Our lawyers are award winning specialists at evaluating and handling Westchester County and New York City medical malpractice claims. We quickly consult with medical experts to determine if a doctor failed to follow accepted standards of mewdical care in treating a patient thereby causing their injuries.  Medical Malpractice Lawyers Magazine of 2012 listed our Firm as  “The Top 1% Trial Counsel for Medical Malpractice” in New York and New York Super Lawyers listed us as  “Top Rated Medical Malpractice Lawyers” in 2019.

A sample of our trial results 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. The medical negligence case, which was filed in the 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 award amount is subject to a confidentiality agreement at the request of Defendant New York City Health and Hospitals Corporation.

One example of an “Erb’s Palsy” delivery case successfully processed by our firm involved a pregnant 25-year old Westchester woman who had a sonogram in her final week revealing a baby weighing in excess of 10 lbs. with a very large head circumference. During the early stages of delivery meconium staining was present as was fetal distress. The doctor opted not to perform a Cesarean section though both parents repeatedly requested that be done. Subsequently, the baby’s head became lodged in the birth canal for ten minutes. Emergency measures were needed to resuscitate the non-breathing child. An expert OBGYN reported that excessive traction was used in pulling on the baby at the roots of the brachial plexus and the doctor failed to use known methods for extracting the child with shoulder dystocia. He opined that a C-Section should have been scheduled at the onset. The baby was left with a mild Erb’s Palsy resulting in deceased shoulder movement and loss of grip strength requiring years of physical therapy. The medical malpractice case was filed in Westchester County and a settlement was reached with the Doctor’s insurance carrier after depositions were held for $600,000.

Call us for a free consultation if you want 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
  • Doctor leaves behind a sponge or gauze during surgery resulting in an infection which requires additional surgeries
  • Doctor’s advice falls below the standard of care in the profession
  • Child sustains permanent injuries during delivery such as Cerebral Palsy from lack of oxygen
  • Nursing home resident suffers from injury as a result of nursing home negligence or 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 harms and losses, we strive to ensure you receive the fairest compensation attainable for any injuries sustained. We only accept and pursue cases in which a medical professional has concluded that medical misconduct resulting in serious and permanent injuries has occurred.

Mr. DeFilippis is an experienced, leading personal injury and medical malpractice attorney with proven experience trying cases in Brooklyn, Bronx, Queens, Manhattan and Westchester. Why is this significant? Although any lawyer could take a case to trial, very few actually do. The insurance companies know this and they will try to settle a case for far less than what the case is worth. The actual trial experience of Peter DeFilippis & Associates is a strength. We have proven to the insurance industry, that our Attorneys mean business. We will not hesitate to take a case to trial when it is in the best interest of our clients. Every one of our cases is accepted with the intention of preparing the matter for a trial, if necessary.

Mr. DeFilippis, his staff and attorneys have successfully processed many medical malpractice cases from Bronx to Brooklyn to Westchester including such departures from accepted medical practice as:

  • Brain damaged babies
  • Cerebral palsy
  • Erb’s palsy caused by improper delivery
  • Quadriplegia, paraplegia, paralysis and spinal cord injuries due to negligent surgery or injections
  • Failure to timely perform Cesarean section
  • Failure to timely diagnose breast cancer, prostate cancer, lung cancer and other forms of cancer
  • Failure to immediately render emergency medical treatment
  • Improper administration of medication
  • 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

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 accord with a fee schedule set by the those 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.


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