Laurels

Best Medical Malpractice Lawyers
2022

The Best Medical Malpractice Lawyers
Here Are The Top Medical Malpractice Lawyers
Duffy & Duffy

Duffy & Duffy

Duffy & Duffy Law is a medical malpractice law firm located in New York. Its practice areas primarily include medical malpractice, personal injury, and nursing home abuse. Specifically, these include brain injury lawsuit, birth injury lawsuit, improper medication, workplace injuries, and wrongful death, among others. Duffy & Duffy Law's team of skilled New York medical malpractice attorneys help victims seek justice, and it has received various awards from industry leaders such as the American Association for Justice, the New York Post, and the Long Island Leading Lawyers.

Uniondale, NY 11556

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Block O'Toole & Murphy

Block O'Toole & Murphy

Block O'Toole & Murphy offers the services of medical malpractice attorneys in New York. Its lawyers work on surgical error cases, such as wrong medication prescribed following surgery and unsterile conditions and surgical tools in the operating room. They also provide legal counsel to victims of anesthesia and gynecological errors. The firm's team handles birth injury cases resulting from failure to perform a C-section promptly and improper use of forceps and administration of medication.

New York, NY 10119

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Miller, Montiel & Strano, P.C.

Miller, Montiel & Strano, P.C.

Miller, Montiel, & Strano PC is a personal injury law firm that handles medical malpractice cases for residents of New York. Founding member and senior partner Stephen Miller has more than five decades of experience as a trial attorney. The firm has won major settlements and verdicts in cases involving failures to diagnose, birth injuries, and surgical errors. It represents clients who suffer harm when a hospital or doctor provides a substandard level of care.

Garden City, NY 11530

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Neumann Law Group

Neumann Law Group

Neumann Law Group is a legal practice in New York that assists clients with their medical malpractice claims. The firm offers integrity and compassion, and it devotes its resources to helping victims of negligence by doctors, nurses, clinical technicians, and other health care professionals. The founder, Ms. Kelly M. Neuman, is a recipient of various distinctions, and she appears in the 2014 National Trial Lawyers Top 100 and the National Academy of Personal Injury Attorneys Top 10 lists. Ms. Newman and her team also deal with criminal defense and other fields of law, and they offer a complimentary consultation. Neumann Law Group belongs in the American Association for Justice and other organizations, and it has other offices in Massachusetts, Michigan, and California.

New York City, NY 10038

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Barovick Law

Barovick Law

Barovick Law provides legal representation to victims of medical malpractice in New York. The firm handles a range of cases, including those involving misdiagnoses and surgical errors. Additionally, Barovick Law provides representation for cases involving construction accidents, nursing home negligence, and police misconduct. The firm is headed by attorney Andrew J. Barovick, who has more than 25 years of legal experience. Mr. Barovick is a member of the New York City Bar's Committee on Medical Malpractice.

New York, NY 10016

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Sackstein Sackstein & Lee, LLP

Sackstein Sackstein & Lee, LLP

Sackstein, Sackstein, & Lee LLP is a law firm that assists New York residents in pursuing medical malpractice claims. The firm represents victims of numerous medical errors, including anesthesia mistakes, birth injuries, and misdiagnoses. It also handles cases involving delivery room errors and bedsores caused by nursing home negligence. Managing partner Mark H. Sackstein has more than 30 years of legal experience and holds an AV rating from Martindale-Hubbell, which reflects professional excellence.

Flushing, NY 11354

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Lipsig, Shapey, Manus & Moverman, P.C.

Lipsig, Shapey, Manus & Moverman, P.C.

Lipsig, Shapey, Manus & Moverman PC is a New York law firm, with an additional office in Brooklyn, that represents clients who have been injured as a result of errors such as misdiagnoses, inadequate treatment, birth injuries, and surgical mistakes. The firm seeks maximum compensation on behalf of medical malpractice victims and has previously won multimillion dollar settlements for its clients. Several attorneys of the firm have been awarded the peer-evaluated Super Lawyer award for the past decade.

New York, NY 10038

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Belluck & Fox, L.L.P.

Belluck & Fox, L.L.P.

Belluck & Fox LLP is a law firm based in New York City that provides representation for victims of injuries, including those caused by medical malpractice. It seeks compensation for individuals harmed during hospital stays or surgery. Additionally, Belluck & Fox LLP takes on cases related to nursing home abuse as well as those involving asbestos-based illnesses such as mesothelioma. Founding partner Joseph W. Belluck holds the highest possible rating from the legal resource company Martindale-Hubbell.

New York, NY 10036

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Website
The Law Offices of Eric R. Bernstein, P.C.

The Law Offices of Eric R. Bernstein, P.C.

The Law Offices of Eric R. Bernstein, P.C., has been representing clients in New York City for 14 years. It handles cases against healthcare professionals and institutions who fail to meet the standard of care and, as a result, cause harm, injuries, and death to patients in situations involving surgical mistakes, unsanitary conditions leading to infections, premature discharge from hospitals, patient abandonment, and misdiagnoses. Eric Bernstein is a member of the Multi-Million Dollar Advocates Forum, having won sizeable settlements for his clients.

New York, NY 10016

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Scaffidi & Associates

Scaffidi & Associates

Scaffidi & Associates deals with legal disputes in New York City and the surrounding areas. The practice handles personal injury cases, including those caused by nursing home abuse and wrongful deaths. Scaffidi & Associates also represents victims of medical malpractice in matters such as hospital and emergency room negligence, prescription drug and surgical errors, misdiagnoses, and delayed diagnoses. The firm settled a $27.6 million compensation in Queens County after a newborn suffered neurological injuries following fetal distress over a delayed C-section.

New York, NY 10017

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Expert Answers To Common Questions:

  1. What does a medical malpractice lawyer do?
  2. Do I have a medical malpractice case?
  3. What are the chances of winning a medical malpractice lawsuit?
  4. Is a misdiagnosis suitable for medical malpractice?
  5. As a patient, how do I choose a good medical malpractice lawyer?
  6. What percentage of a settlement do medical malpractice lawyers get?
  7. What’s the statute of limitations on medical malpractice?
  8. How do you file a medical malpractice lawsuit?
  9. How does a medical malpractice lawsuit work?
  10. As a healthcare provider, how do I avoid medical malpractice?
  11. What can a medical malpractice defense attorney do for a doctor who has been sued by a patient?
Q: What does a medical malpractice lawyer do?
A:
Medical malpractice lawyers represent patients who have been injured during or as a result of medical treatment, when those injuries are caused by the negligence of health care providers, including physicians, dentists, anesthesiologists, clinics, and hospitals. A medical malpractice attorney will meet with a patient, determine if a malpractice case is warranted, gather information from the patient and from medical experts, depose defendants under oath, and negotiate a settlement on behalf of the patient. If an out-of-court settlement cannot be reached, a medical malpractice attorney will litigate the case in court on behalf of the patient.
Q: Do I have a medical malpractice case?
A:

To have a medical malpractice case, a patient must have been injured when a health care provider, who had a duty of care to the patient, breached the accepted standard of care. An attorney looks for certain signs that medical malpractice has taken place, including:

  • A lack of informed consent, in which a person didn’t agree to a treatment or procedure, or the  provider failed to fully explain the risks before proceeding
  • A highly unusual outcome results from a procedure or treatment, which may indicate that the provider made a mistake
  • A patient is informed by their health care provider or hospital that a mistake was made
Q: What are the chances of winning a medical malpractice lawsuit?
A:
According to the U.S. National Institutes of Health’s 20-year study of medical malpractice case outcomes, winning a suit largely depends on the strength of the evidence. Patients won just 10% to 20% of jury trial cases with weak evidence, compared to 30% of lawsuits with midrange evidence. Patients succeeded in 50% of cases with strong evidence. In addition to evidence, factors such as an attorney’s familiarity with the practice of medicine, and the attorney’s specialized background in medical malpractice law, may contribute to the success of the lawsuit.
Q: Is a misdiagnosis suitable for medical malpractice?
A:
Misdiagnosis can constitute malpractice if it's proven that a doctor has failed to meet the usual standard of care. These types of cases usually involve mishandling of testing or delayed diagnoses. They may also involve a doctor's failure to interpret test results, screen for a specific condition, provide a specialist referral, discuss symptoms a patient is experiencing, or investigate possible causes of reported symptoms.
Q: As a patient, how do I choose a good medical malpractice lawyer?
A:

Start by creating a short list of local medical malpractice lawyers specializing in plaintiff representation, then narrow it down by taking these steps:

  • Look at the lawyer’s website for details about their malpractice experience and knowledge.
  • Check whether an attorney is a member in good standing of local, state, and national trial lawyers' associations and the state bar association.
  • Ask what percentage of each lawyer’s caseload is devoted to medical malpractice, what portion of the cases go to trial versus settling, and how much of the case work is delegated to support staff.
  • Verify that an attorney works on a contingency fee basis and absorbs up-front expenses.
Q: What percentage of a settlement do medical malpractice lawyers get?
A:
Medical malpractice lawyers typically represent clients on a contingency basis, receiving payment only if the plaintiff receives a settlement. The standard fee is 33% of the amount awarded. Attorneys may also pay litigation expenses up front, such as filing fees and other case-related costs, before receiving reimbursement from the settlement. Contingency fee percentages, other litigation costs, and payment structures may be negotiable.
Q: What’s the statute of limitations on medical malpractice?
A:

Statutes of limitations for medical malpractice lawsuits differ in each state. The limitations in three of the most populous states show how these laws can vary:

  • California plaintiffs have one year from discovering an injury or three years maximum from the injury date. Cases of foreign objects left in a person's body during surgery have no three-year deadline.
  • New York claims must be filed within 30 months of an injury-causing event. The time limit for left-behind foreign objects is one year from discovery.
  • Texas plaintiffs have two years to file suit, post injury. There are several exceptions, including continuing treatment situations, discovery after the limit expiration, and a 10-year maximum limit.
Q: How do you file a medical malpractice lawsuit?
A:

Taking these steps may get a medical malpractice issue resolved quickly or help when filing a lawsuit becomes necessary:

  • Contact the doctor or health care provider to discuss the injury and a solution to the situation.
  • File a complaint with the local medical licensing board.
  • Check the state’s statute of limitations for filing a malpractice claim.
  • Consult with an impartial medical expert to get a written opinion on whether accepted standards of care were followed.
  • Arrange a free initial consultation with a local medical malpractice lawyer to determine if filing a lawsuit is worthwhile.
  • Consider settling with the health care provider or their insurance company to avoid a lengthy court case.
Q: How does a medical malpractice lawsuit work?
A:
A consultation with an attorney is the first step in initiating a medical malpractice lawsuit. During the consultation, the patient will explain their case, including their injuries and the impact of those injuries on their life and well-being. The patient will identify the person or organization they believe breached the standard of care, and indicate how they believe that breach led to their injuries. The attorney will determine if the patient has a viable malpractice claim, and if so, will enter into an agreement to represent the patient. Next, the attorney will begin an investigation, reviewing medical records and consulting with medical experts. Following the investigation, the discovery process will allow the plaintiff and defendant to share information with each other about the case under oath. In the vast majority of malpractice cases, the settlement phase follows. During this phase, the doctor or facility will agree to pay the plaintiff a mutually agreed upon amount of money. If a settlement cannot be reached during this phase, the medical malpractice lawsuit will proceed to trial.
Q: As a healthcare provider, how do I avoid medical malpractice?
A:

With the goal of enhancing the quality of care provided, while also limiting the risk of harm to patients, doctors can reduce the likelihood of medical malpractice lawsuits by adopting best practices, such as the following:

  • Establish trusting relationships through open and honest communication, and disclose poor outcomes and errors if they occur.
  • Stay up to date on disease management methods, technological advancements, and current standards of care in their area of specialty.
  • Obtain informed consent by fully explaining the risks and possible outcomes of procedures and treatments.
  • Improve follow-up care after any missed appointments and scheduled tests and procedures to help prevent delayed or overlooked diagnoses.
  • Maintain accurate, detailed records of patient exams, treatments, and counseling provided.
Q: What can a medical malpractice defense attorney do for a doctor who has been sued by a patient?
A:
While it can be upsetting and stressful to be sued by a patient, medical malpractice lawsuits are actually fairly common. In fact, a recent American Medical Association benchmark survey found that more than one third of physicians in the U.S. have been sued for malpractice at some point during their career. In the event of a patient lawsuit, the doctor’s malpractice insurance provider will supply the doctor with a malpractice defense attorney to handle the case. If the doctor is not confident with the insurer-provided attorney—for instance, if they sense that their case is being passed along to less experienced associates, or if they feel like they are being forced into a settlement by their insurer—they can hire, and pay for, private counsel. In these cases, the private malpractice defense attorney can explain legal procedures, weigh in on case strategy and settlement possibilities, and suggest stronger defense action if warranted.