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Best Medical Malpractice Lawyers in New Rochelle

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Ameduri Galante & Friscia logo
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Ameduri Galante & Friscia

471 Bement Avenue, Staten Island, NY 10310
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  • Medical Malpractice

Business Description

Ameduri Galante & Friscia handles medical malpractice cases in New Rochelle and the neighboring communities. It helps individuals recover fair settlements and compensation for their injuries caused by pharmacy errors, wrongful discharge, hospital negligence, birth injuries, and excessive emergency room wait times. It also guides families in seeking justice for their loved ones who died due to the wrongful actions of medical professionals, including doctors and nurses. Ameduri Galante & Friscia has been providing legal services since 1985.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (5)
Avvo
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Brady Goldberg logo
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Brady Goldberg

130 North Main Street, Port Chester, NY 10573
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  • Medical Malpractice

Business Description

Brady Goldberg is a personal injury firm that serves families in New Rochelle and its neighboring metros. The business handles cases that involve medical malpractice, dog bites, construction and car accidents, and slip and fall. One of its associates, Brady Goldberg, has been in practice for over 20 years. He represents medical malpractice claims that involve birth and brain injuries, surgical errors, and failure to diagnose. Goldberg helps victims obtain appropriate compensation for their damages.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.0
Google
4.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Catalano Gallardo & Petropoulos, LLP logo
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Catalano Gallardo & Petropoulos, LLP

100 Jericho Quadrangle, Jericho, NY 11753
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Business Description

Catalano Gallardo & Petropoulos LLP defends medical professionals and institutions, including hospitals and nursing homes in the New Rochelle area facing malpractice lawsuits. Its legal team fights to protect the rights and reputation of doctors, nurses, and other medical staff in the court and before professional licensing boards. It also represents those accused of product liability and producing defective medical devices, in state and federal courts. Attorney Ralph A. Catalano is a member of the New York State Bar Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
FindLaw
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Corini Law Attorneys at Law logo
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Corini Law Attorneys at Law

542 Main Street, New Rochelle, NY 10801
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  • Misdiagnosis of Illness

Business Description

Corini Law Attorneys at Law is a family-owned firm that advocates for the rights of claimants in medical malpractice cases throughout the New Rochelle area and beyond. It takes on cases involving medical professionals and facilities that acted negligently by failing to meet the accepted standard of care, thus resulting in injuries or fatalities. In handling his personal injury cases, Robert O. Corini draws on his experience as a former insurance defense attorney. He has been practicing law for over four decades.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Avvo
5.0 / 5 (9)
Google
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Fellows Hymowitz Rice logo
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Fellows Hymowitz Rice

1633 Broadway, New York, NY 10017
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  • Wrongful Death
  • Medical Malpractice
  • Personal Injury
  • Birth Injuries
  • Misdiagnosis of Illness

Business Description

Fellows Hymowitz Rice is a law firm that provides legal services to clients in New Rochelle and the surrounding areas. It represents injured victims of medical malpractice and handles various cases, such as medication errors, misdiagnoses, hospital mistakes, birth injuries, and surgical errors. It also covers nursing home abuse and neglect and wrongful death. The firm's managing partner, Robert L. Fellows, has been aggressively advocating for clients for more than 40 years. The Rockland Development Council selected him as Philanthropist of the Year for 2019.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
4.9 / 5 (34)
Facebook
5.0 / 5 (26)
Yelp
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Fiedler Deutsch logo
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Fiedler Deutsch

81 Main St, Suite 304, White Plains, NY 10601
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  • Pharmacist Malpractice

Business Description

Fiedler Deutsch represents injured clients and their families in medical malpractice claims. The firm serves plaintiffs throughout New Rochelle and the nearby metros, pursuing claims against medical professionals or facilities whose negligence, carelessness, errors in judgment, or omission caused injury to a patient. Typical cases handled by the practice include situations arising from misdiagnosis or delayed diagnosis, prescription or anesthesia errors, and surgical mistakes. Its attorneys have over 50 years of combined experience with medical malpractice cases and have collected millions of dollars on behalf of clients.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (8)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Friedman, Levy, Goldfarb & Green, P.C. logo
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Friedman, Levy, Goldfarb & Green, P.C.

250 West 57th Street, Suite 1619, New York, NY 10107
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  • Wrongful Death
  • Medical Malpractice
  • Personal Injury

Business Description

Friedman, Levy, Goldfarb & Green, P.C., provides personal injury representation to clients in New Rochelle. The firm is active in a range of accident and medical malpractice litigation. Its attorneys seek justice and compensation for the victims of misdiagnosis, surgical errors, pregnancy or birth injuries, and hospital negligence. They work in close collaboration with qualified medical experts to support litigation in and out of court. Robert Levy, the senior partner, served as the Acting Judge Advocate at the Walter Reed Army Medical Center until 1968.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
5.0 / 5 (8)
Yelp
5.0 / 5 (8)
Facebook
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Gabriel Law logo
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Gabriel Law

2 Lincoln Ave. Suite 400, Rockville Centre, NY 11570
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  • Wrongful Death
  • Medical Malpractice

Business Description

Gabriel Law is a personal injury firm that serves the New Rochelle area. Its founding partner, Suren Gabriel, has over a decade of legal experience. He represents cases that involve medical malpractice, auto and construction accidents, slip and fall, and wrongful death. Gabriel helps victims prove various elements of medical malpractice, such as negligence, damages, causation, and a doctor-patient relationship. He strives to recover compensation for the damages. Gabriel also participated in pro-bono activities, such as assisting with non-for-profit organizations' forms.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
5.0 / 5 (2)
Gregory Spektor & Associates, P.C. logo
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Gregory Spektor & Associates, P.C.

1 Cross Island Plaza Suite 203C, Rosedale, NY 11422
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  • Medical Malpractice
  • Misdiagnosis of Illness
  • Surgical Mistakes

Business Description

Gregory Spektor & Associates, P.C. is a group of attorneys that advocates the rights of victims of medical malpractice, automobile and construction accidents, slips and falls, and nursing home negligence in and around New Rochelle. Its team of lawyers and support staff assists clients in obtaining favorable settlements from their claims, whether it is misdiagnosis, medication errors, or surgical or hospital malpractice. Founding partner Gregory Spektor is also a member of the New Jersey State Bar Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.8 / 5 (143)
FindLaw
5.0 / 5 (5)
Yelp
1.0 / 5 (1)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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James Newman, P.C. logo
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James Newman, P.C.

2815 Waterbury Avenue, Bronx, NY 10461
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Business Description

James Newman, P.C. assists injured individuals and bereaved families in New Rochelle and the surrounding areas. The firm has a team of medical malpractice lawyers who can guide clients through the proceedings and protect their rights. Clients who suffered injuries and losses due to negligent medical professionals or substandard hospital practices may claim compensation. It covers surgical errors, chart errors, and wrongful deaths. James Newman, the senior attorney at the firm, has been in legal practice for almost 30 years.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.7 / 5 (31)
Facebook
5.0 / 5 (8)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Law Office of Michael H. Joseph, PLLC logo
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Law Office of Michael H. Joseph, PLLC

203 E. Post Rd., White Plains, NY 10601
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Business Description

The Law Office of Michael H. Joseph PLLC represents individuals and families that have suffered from injuries or death due to avoidable mistakes by healthcare providers or institutions. Its medical negligence lawyers near New Rochelle handle an array of claims, including those involving failure to diagnose cancer, birth trauma and injuries, and orthopedic medical mistakes. Other areas of practice include auto accidents and product liability litigation. The Law Office of Michael H. Joseph is an affiliate of the New York County Bar Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Google
4.5 / 5 (43)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Lever & Ecker, Attorneys at Law PLLC logo
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Lever & Ecker, Attorneys at Law PLLC

120 Bloomingdale Road Suite 401, White Plains, NY 10605
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  • Wrongful Death
  • Medical Malpractice
  • Birth Injuries
  • Misdiagnosis of Illness
  • Nursing Home Neglect

Business Description

Lever & Ecker, Attorneys at Law PLLC is a personal injury firm that serves New Rochelle. Its lawyers represent victims of medical malpractice. They handle cases that involve defective medical devices, misdiagnosis, and medication errors. The legal firm has recovered $3,000,000 for a case involving cancer malpractice. Founding partner David B. Lever has been representing the injured since 1990. He was named by The National Trial Lawyers as one of the Top 100 Civil Plaintiff Trial Lawyers in New York.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (61)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Mark L. Bodner, P.C. Attorneys at Law logo
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Mark L. Bodner, P.C. Attorneys at Law

350 Seventh Avenue Suite 604, New York, NY 10001
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  • Wrongful Death
  • Medical Malpractice
  • Personal Injury

Business Description

Mark L. Bodner, P.C. Attorneys at Law is a medical malpractice law firm with over 35 years of experience advocating for the rights of clients in New Rochelle. The firm represents victims and their families impacted by medical malpractice and negligence in cases involving birth injuries, diagnosis errors, and hospital negligence. It also assists families of wrongful death victims due to malpractice, helping them pursue compensation for damages. Mark L. Bodner has been featured on media outlets such as NBC4, ABC7, and the New York Times.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.2
Google
4.1 / 5 (8)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Meirowitz & Wasserberg, LLP logo
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Meirowitz & Wasserberg, LLP

535 Fifth Ave, 23rd Floor, New York, NY 10017
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  • Medical Malpractice
  • Personal Injury

Business Description

Meirowitz & Wasserberg, LLP, provides legal counsel and representation for residents in New Rochelle. The personal injury law practice handles medical malpractice cases, covering those that involve gynecological negligence, misdiagnosis, and surgical errors. Its team offers assistance throughout the process, from evaluating the case to filing a claim. The attorneys also take on lawsuits involving medical device failures, defective drugs, and asbestos exposure. Daniel Wasserberg, one of the firm's lawyers, was recognized as a Top 100 Civil Litigator by the National Trial Lawyers in 2017.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Facebook
5.0 / 5 (5)
Yelp
4.0 / 5 (5)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
Neimark Coffinas & Lapp, LLP logo
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Neimark Coffinas & Lapp, LLP

37 Congers Rd, New City, NY 10956
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  • Medical Malpractice
  • Birth Injuries
  • Surgical Mistakes
  • Emergency Room Negligence

Business Description

Neimark Coffinas & Lapp, LLP, has been serving the residents of New Rochelle and the surrounding areas for more than four decades. It provides legal services for a variety of medical malpractice lawsuits, including birth injuries, surgical errors, and nursing home abuse and neglect. It also handles personal injury cases involving motor vehicle accidents, construction accidents, and defective products. Partner Marshall Adam Neimark is a member of the American Association for Justice and the New York State Trial Lawyers Institute.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.2
Google
4.3 / 5 (12)
Facebook
3.7 / 5 (3)
Avvo
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
Oddo & Babat Attorneys at Law logo
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Oddo & Babat Attorneys at Law

8 West 38th Street, New York, NY 10018
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  • Medical Malpractice
  • Birth Injuries
  • Misdiagnosis of Illness

Business Description

Oddo & Babat Attorneys at Law is a firm that serves the residents of New Rochelle. It helps obtain compensation for individuals affected by medical malpractice involving birth injuries, misdiagnosis, and medication-related errors. It also provides legal assistance to victims of defective medical devices. The firm's other practice areas include criminal defense. David Oddo, one of its partners, served as the president of the New York State Trial Lawyers Association. He regularly hosts "The Trial Brief," a legal podcast.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.3
Google
4.6 / 5 (44)
Avvo
5.0 / 5 (7)
Facebook
4.0 / 5 (4)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
Pegalis Law Group, LLC logo
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Pegalis Law Group, LLC

1 Hollow Lane, Suite 107, Lake Success, NY 11042
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  • Medical Malpractice
  • Medical Practices
  • Birth Injuries

Business Description

Pegalis Law Group, LLC, pursues justice on behalf of clients in the New Rochelle area who have been harmed due to medical malpractice. It handles cases involving cancer misdiagnosis, birth injury, nurse errors, hospital liability, surgical errors, and anesthesia-related injuries. Its professionals investigate customers' claims to determine avoidable healthcare mistakes and help them secure maximum compensation for their losses. Founder Steven E. Pegalis was a recipient of the Lifetime Achievement Award by the New York State Trial Lawyers Association in 2016.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.0
Google
4.0 / 5 (19)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Sobo & Sobo logo
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Sobo & Sobo

932 Sheridan Avenue, The Bronx, NY 10451
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Business Description

Sobo & Sobo is a New York law firm offering legal services to clients in New Rochelle. The firm was established in 1969 and is comprised of a large legal team of personal injury attorneys. The lawyers practice in all areas of medical malpractice law, including delayed diagnosis, nursing home abuse, chiropractic malpractice, surgical errors, disregard of medical history, and hospital liability. The firm also accepts cases of workers' compensation, premise liability, criminal justice, motor vehicle accidents, and real estate and probate.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.4
Facebook
4.8 / 5 (57)
Google
4.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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The Fitzgerald Law Firm, P.C. logo
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The Fitzgerald Law Firm, P.C.

538 Riverdale Ave, Yonkers, NY 10705
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  • Birth Injuries
  • Misdiagnosis of Illness
  • Surgical Mistakes

Business Description

The Fitzgerald Law Firm, P.C., works to uphold the rights of people in New Rochelle who have suffered injuries due to medical malpractice and hospital negligence. The firm has taken on hundreds of medical mishap cases for over 40 years, including surgical and anesthesia errors, misdiagnoses, improper treatment, and birth injuries. A total of more than $2 billion in verdicts and settlements have been obtained by its lawyers, who carefully examine the circumstances surrounding clients' injuries to hold negligent parties accountable.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.1
Google
4.3 / 5 (22)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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The Law Firm of Valerie J. Crown Attorney at Law, P.C. logo
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The Law Firm of Valerie J. Crown Attorney at Law, P.C.

151 N Main St Ste 402, New City, NY 10956
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  • Medical Malpractice
  • Misdiagnosis of Illness
  • Surgical Mistakes
  • Anesthesia Errors

Business Description

The Law Firm of Valerie J. Crown Attorney at Law, P.C. is a private practice that serves individuals and families in New Rochelle. With over 30 years of legal experience, the firm takes on medical malpractice claims against health care professionals and facilities involved in surgical errors, misdiagnoses, emergency room errors, anesthesia mistakes, and lack of informed consent. It represents clients in obtaining fair compensation for sustained injuries or damages. Founding attorney Valerie J. Crown served as past Board Member of the New York State Women’s Bar Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.8 / 5 (10)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
Back to Providers

Frequently Asked Questions

What does a medical malpractice lawyer do?

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.

Do I have a medical malpractice case?

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

What are the chances of winning a medical malpractice lawsuit?

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.

Is a misdiagnosis suitable for medical malpractice?

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.

As a patient, how do I choose a good medical malpractice lawyer?

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.

What percentage of a settlement do medical malpractice lawyers get?

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.

What’s the statute of limitations on medical malpractice?

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.

How do you file a medical malpractice lawsuit?

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.

How does a medical malpractice lawsuit work?

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.

As a healthcare provider, how do I avoid medical malpractice?

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.

What can a medical malpractice defense attorney do for a doctor who has been sued by a patient?

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.

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