Surgery Mistake Lawsuits – Surgical Error Malpractice Lawyers #examples #of #medical #malpractice #lawsuits


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Surgery Malpractice Lawyers

Obtain a Free Consultation and Case Evaluation

During surgery, doctors, nurses and medical providers often encounter situations where quick decisions need to be made. When a mistake occur during surgery, the patient on the operating table can suffer severe and debilitating injuries.

Medical mistakes during surgery can occur when a doctor, nurse or hospital staff fail to give their full attention to the patient they are operating on. This can result in the wrong procedure being performed, medical supplies used during the surgery being left inside of the patient, or a failure to promptly and properly react when unanticipated problems arise.

Most patients and families have difficulty determining whether a surgery mistake may be the cause of an unsuccessful proceedure. The surgical malpractice lawyers at Saiontz Kirk, P.A. investigate potential cases nationwide. To find out if you, a friend or family member may qualify for compensation through a surgery lawsuit, request a free consultation and claim evaluation .

INVESTIGATION OF A SURGICAL MALPRACTICE LAWSUIT

When a surgical error occurs which results in a serious injury which could have been prevented, the patient and their family should not be responsible for the damages that are suffered.

The attorneys at Saiontz Kirk, P.A. have years of experience handling complex medical malpractice lawsuits against hospitals and doctors for errors during surgery. Our clients recover multi-million dollars settlements and verdicts every year and we have the resources to fight large corporations and hospitals to protect the interests of our clients.

There are no fees or expenses unless we obtain a recovery. Every claim for medical malpractice has a time limit within which the lawsuit must be filed, known as the Statute of Limitations. Time may be running out on your claim, so you should have any potential claim reviewed as soon as possible to make sure your family is protected.


Medical Negligence Cases: Australian Court Decisions #court #cases #involving #medical #malpractice


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Medical Negligence Cases: Australia

If you have suffered an injury due to negligence, call our legal team to find out about your rights to compensation under the law.

Below you will find outlines of various cases covering aspects of medical negligence law.

DUTY OF CARE

Rogers v Whittaker (1992) 175 CLR 479

The duty of care covers examination, diagnosis, treatment and the provision of medical information and advice.

Thomsen v Davison [1975] Qd R 93

Duty of care in examinations for third parties. This case involved a regimental medical officer who failed to ascertain the plaintiff’s pathology results and advise the plaintiff as to what they revealed.

Albrighton v Royal Prince Alfred Hospital [1980] 2 NSWLR 542

A neurosurgeon who had been called upon by an orthopaedic surgeon for a second opinion, owed the patient a duty of care even though the neurosurgeon was not directly responsible for treating the patient.

Lowns v Woods (1996) Aust Torts Reports 81-376

In certain circumstances, a doctor may owe a duty of care to attend an emergency and treat a person, even though there is no pre-existing relationship with the injured person. In this case, a doctor was asked to attend to a person who was suffering from an epileptic fit within 300 metres of the doctor’s house. The doctor refused to assist. The person suffered brain damage and became quadriplegic. It was held that a duty of care existed.

Doctor owed a duty to advise the patient that her sexual partner was HIV positive after joint medical consultation the purpose of which was to have blood tests for HIV and other STDs.

Harriton v Stephens (2006) 226 CLR 52

The High Court determined that an action for wrongful life cannot be maintained in Australia.

BREACH OF DUTY OF CARE

The ultimate determination of the standard of care is left to the court to decide.

See: Rogers v Whittaker; Naxakis v Western General Hospital (1999) 197 CLR 269; Rosenberg v Percival (2001) 205 CLR 434.

Dobler v Kenneth Halverson; Dobler v Kurt Halverson (by his tutor) [2007] NSWCA 335

The common law has been modified by statute law. Operation of s 5O defence, Civil Liability Act.

INFORMATION ON MATERIAL RISKS

Rogers v Whittaker (1992) 175 CLR 479 ; F v R (1983) 33 SASR 189; Rosenberg v Percival (2001) 205 CLR 434.

Duty of care to warn of material risks, and obligation to provide information on risks to which the particular patient, if warned of the risk, would likely to attach significance to this. There is a subjective test as well as an objective test.

SURGEON’S EXPERIENCE AND PERSONAL PERFORMANCE STATISTICS

Chappel v Hart (1998) 195 CLR 232

G, PA and C v Down [2009] SASC 217

The specialist failed to to make it clear that the risk which he quoted as being 1 in 2000 was his own personal failure rate, where as the literature reported a rate of 1 in 500.

BREACH OF STANDARD OF CARE

Wyong Shire Council v Shirt (1980) 146 CLR 40

Matters relevant to determining whether there has been a breach in the standard of care include: whether a reasonable person would have foreseen the risk of injury; whether they reasonably responded to this risk; the magnitude of the risk; the probability of the risk occuring; the expense and difficulty of taking alleviating action.

In this particular case, the court did not accept an argument of inherent risk immunity . The trial judge did not accept that the risk of ureteric injury was inherent to colorectal surgery.

(Note that Civil Liability legislation has in some States a provision related to inherent risk immunity, but these provisions cannot be argued in information cases).

Breach of Duty of Care (Treatment; Misdiagnosis; Surgical Error; Referral; Follow-up)

Boehm v Deleuil [2005] WADC 55; McGroder v Maguire [2002] NSWCA 261.

Failure to refer patient to specialists.

McKay v McPherson [2010] VCC 585

Misdiagnosis involving a failure to recognise symptoms of heart failure.

Den Elzen v Harris [2008] WADC 106

Negligent failure to refer for CT scan which would have showed hydrocephalus.

Curtis v Queen Elizabeth Hospital [2008] SADC 48

Failure to diagnose and treat meningitis.

Negligent performance of hysterectomy resulting in damage to patient’s ureter.

Kite v Malycha (1998) 71 SASR 321

Failure to follow-up on cytology report following biopsy and act on it, which resulted in failure to diagnose breast cancer.

Breach of Duty of Care (Information cases)

Olbourne v Wolf [2004] NSWCA 141

Cosmetic surgeon failed to warn of infection and scarring risks from breast reduction surgery.

Surgeon failed to warn of risk of gastroparesis with antrectomy and vagotomy procedure.

CAUSATION

The plaintiff bears the onus of proving causation on the balance of probabilities. Causation does not require certainty or precision.

The High Court in this case also disallowed recovery of damages for loss of a chance.

Elbourne v Gibbs [2006] NSWCA 127

The court considered factors relating to causation in information cases. These include remoteness of risk; the patient’s desire for treatment; previous and later procedures undertaken; degree of faith in the doctor; the patient’s knowledge; the need for treatment and alternatives available.

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Lawyers in New York, Marc J, medical malpractice lawyers orlando.#Medical #malpractice #lawyers #orlando


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Law Firm in New York

Welcome to Marc J. Bern Partners LLP. Our attorneys in New York and throughout the country represent clients in personal injury, medical malpractice, construction accident, defective product, dangerous medication, consumer fraud, and product liability cases.

Our Experience, At Your Service

At Marc J. Bern Partners LLP, we understand that your legal matter is critical and we are committed to ensuring that our clients receive the justice they deserve for their injuries. As your lawyer in New York, we are here to support you and your family during your difficult time. We have more than 60 years of combined experience, including extensive experience as legal attorneys and mass tort lawyers in representing our clients while recovering multi-million dollar record verdicts and settlements.

The Right Approach to Your Case

Choosing the right attorney to represent and protect your interests requires a serious amount of consideration. With experience, professionalism, and the right approach, we aim to provide the highest level of service and assemble an experienced team to handle your case.

Offering Client-Focused Representation

We have handled numerous high-profile cases across the United States and have worked on cases that have resulted in over three billion dollars in awards and settlements. Despite being a large firm, our lawyers in New York City will always take the time to provide thorough and personal attention to your case. Marc J. Bern Partners works closely with each client to determine the best strategy to achieve the highest levels of success.

Tell Us Your Story

Whether you are looking for a law firm in Brooklyn, New York City ( NYC ) or anywhere in the U.S. for personal injury, medical malpractice, dangerous drug, or defective product help, we are here to seek compensation for your case. For additional information and to schedule your Free Consultation with a New York attorney, please contact our law firm today at 1-800-LAW-5432.

We have the manpower. We have the experience. Share your story with us today.


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Dedicated To Protecting Professionals, Businesses, And Families Since 1919

How Do I Apply?

For all of our specialty programs for healthcare professionals and groups, just click on Liability Insurance above, then put your professional type into the search engine. When you locate you professional type, you can either click on Apply Now to immediately go into our web application portal, or you can choose learn more about your product. For all of out other products and departments, please don t hesitate to contact us at 1-800-221-4904.

Do I Have To Wait For A Quote?

ABSOLUTELY NOT! With our online application portals, you can get a quote, fill out your application and have confirmation of coverage in your email in minutes! If you need coverage quickly, whether to get a job or get credentialed, or simply for piece of mind, CM F is your solution.

Can I Get A Quote Without Applying?

YES. You can go into our application portals anonymously, answer a few questions and get a no obligation quote. That is the rate you will pay based on the questions you answered. If you want to continue into the application and purchase the coverage, go ahead, but if you don t, that s OK too. you just walk away and come back another time.

Who Do We Cover?

Our specialty program for healthcare professionals and groups includes over 180 different classes of providers, including (but not limited to): PA s, NP s, Nurses, Physical Therapists, Homecare Aides, Acupuncturists, Physicians Surgeons. We also write all types of medical groups, such as: Physical Therapy Groups, Mental Health Clinics, and PA or NP-Owned Clinics.

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We work with both retail and wholesale brokers of all sizes. All brokers have access to our entire product portfolio and earn the highest commissions in the industry. Partner with us today!

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Attorney-Client Relationship: You and Your Lawyer – s Responsibilities #medical #malpractice #attorney #columbus #ohio


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Attorney-Client Relationship: You and Your Lawyer’s Responsibilities

When you seek advice or representation from a lawyer, that lawyer is bound by strict standards of professional responsibility. Among other things, your lawyer must act in your best interests and keep your communications confidential. If your lawyer violates these rules, he or she can be disciplined or even face a legal malpractice suit. As the client, you have a handful of obligations to your lawyer as well.

Professional Responsibilities

Each state has its own ethical rules for lawyers, called the rules of professional conduct. When lawyers fail to live up to this code of conduct, the state disciplinary board can take action against them from a simple warning to disbarment (losing the license to practice law forever). (To learn more, read our article on how to report a lawyer for ethical violations .)

Although the rules vary from state to state, there are some basic duties that lawyers often have. For example, your lawyer must:

  • represent you competently, zealously, and within the bounds of the law
  • keep conversations with you confidential, except in specific and rare occasions
  • communicate with you in a timely and effective manner
  • keep you informed of developments in your case
  • obtain your approval before agreeing to a settlement or other resolution of your case
  • avoid conflicts of interest, such as representing another client whose interests oppose yours
  • keep your personal funds in an escrow account for you, separate from the lawyer s own funds or other client funds, and
  • return your money or property upon request, including your client file.

If your lawyer s actions were also illegal, he or she can be criminally prosecuted. And, if your lawyer caused you to lose your case or otherwise suffer a financial loss, you can sue for legal malpractice. (For more information, see our Legal Malpractice FAQ .)

Attorney-Client Privilege

When you seek advice from an attorney about a legal matter, your private communications with your lawyer are protected by the attorney-client privilege. This means that your lawyer cannot reveal any information that you disclose to him or her in confidence, unless you give your express permission. Except for some very limited exceptions, even a court of law can t force your lawyer to reveal the content of your discussions.

The privilege does not, however, apply to communications for the purpose of committing a crime or an act of fraud. This is called the crime-fraud exception. For example, if you tell your lawyer that you plan on murdering someone tomorrow, your lawyer can alert the authorities. However, the rule generally does not apply to discussions of past criminal acts, unless the purpose is to cover up the crime.

Your Role as Client

If you signed a retainer agreement when your hired your lawyer, it may include specific duties that you owe your lawyer. Because the retainer agreement is a contract, you are legally bound by its terms. In general, clients have the following duties:

  • Be truthful with your lawyer.
  • Cooperate with your lawyer and respond to requests for information in a timely manner.
  • Attend meetings and legal proceedings, such as a deposition or mediation.
  • Be courteous to your lawyer and his or her team.
  • Don t ask your lawyer to do anything illegal or unethical.
  • Pay your legal bills in a timely manner.

These duties are often implied as part of the attorney-client relationship, even if you didn t expressly agree to them in a retainer agreement.

Talk to a Malpractice attorney.


Best New York, NY Medical Malpractice Attorneys #medical #malpractice #in #new #york


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Top Rated Medical Malpractice Lawyers in New York, NY

Medical Malpractice Law

Were you injured during a surgery?

Do you have injuries as a result of medical negligence?

Are you a doctor or hospital that is currently in litigation for medical malpractice?

Find help with Super Lawyers.

Medical malpractice plaintiff attorneys assist parties that sustained injuries as the result of a medical procedure.

Medical malpractice defense attorneys represent physicians and medical businesses that are defending liability for injuries created during treatment.

No matter your circumstance, use Super Lawyers to hire a local medical malpractice lawyer.

The Super Lawyers listed here are recognized by their peers for their professional achievements.

Are you searching for a top medical malpractice lawyer in New York, New York Metro?

Through Super Lawyers directory, we index attorneys who practice quality and excellence in their work. It is easy to browse medical malpractice attorney listings in your immediate area, search for a specific individual referred by a friend, or start narrowing your search by practice area.

Did you find individuals who interest you? Learn more by exploring their profiles. There you will find a medical malpractice attorney’s contact, education, and biographical information to supplement your research. Where possible, our profiles will also include links to a medical malpractice lawyer’s personal biography, firm website, and other relevant information to consider.

Are you ready to take action? Our profile’s contact form is simple to use and makes it easy to connect with a New York, New York Metro lawyer and seek legal advice.

Super Lawyers Rating System

Super Lawyers is a research-driven, peer-influenced rating service of outstanding lawyers who have attained a high degree of professional achievement and peer recognition. The patented selection process combines peer nominations, independent research evaluations and peer evaluations by practice area. Each year no more than 5 percent of the attorneys in the state are selected for the Super Lawyers list, and no more than 2.5 percent for the Rising Stars list.

Recently Answered in New York


Atlanta Medical Malpractice Lawyers – Local Attorneys & Law Firms in Atlanta, GA #atlanta #malpractice #lawyers


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Atlanta Medical Malpractice Lawyers, Attorneys and Law Firms – Georgia

Need help with a Medical Malpractice issue?

You’ve come to the right place. If you (or a loved one) suffered an injury based on a bad diagnosis, botched surgery, doctor fraud, prescription error, or breach of doctor-patient confidentiality, a medical malpractice lawyer can help. Medical malpractice lawyers may also defend you if you are a medical professional who was sued for malpractice.

Use FindLaw to hire a local medical malpractice lawyer to represent you in your medical malpractice dispute.

Need an attorney in Atlanta, Georgia?

FindLaw’s Lawyer Directory is the largest online directory of attorneys. Browse more than one million listings, covering everything from criminal defense to personal injury to estate planning.

Detailed law firm profiles have information like the firm’s area of law, office location, office hours, and payment options. Attorney profiles include the biography, education and training, and client recommendations of an attorney to help you decide who to hire.

Use the contact form on the profiles to connect with an Atlanta, Georgia attorney for legal advice.

How do I choose a lawyer?

Consider the following:
Comfort Level – Are you comfortable telling the lawyer personal information? Does the lawyer seem interested in solving your problem?
Credentials – How long has the lawyer been in practice? Has the lawyer worked on other cases similar to yours?
Cost – How are the lawyer’s fees structured – hourly or flat fee? Can the lawyer estimate the cost of your case?
City – Is the lawyer’s office conveniently located?

Not sure what questions to ask a lawyer?

Here are a few to get you started:

  • How long have you been in practice?
  • How many cases like mine have you handled?
  • How often do you settle cases out of court?
  • What are your fees and costs?
  • What are the next steps?

Want to check lawyer discipline?


Medical Malpractice: When Can Patients Sue a Hospital for Negligence? #medical #malpractice #missouri


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Medical Malpractice: When Can Patients Sue a Hospital for Negligence?

Last updated: 12/30/2015

If you are injured when receiving medical treatment in a hospital, can you sue the hospital for negligence or medical malpractice? Though hospitals are often on the hook for incompetent care provided by employees like nurses and medical technicians, they often are not responsible for a doctor’s medical malpractice.

Here’s a primer on when a hospital is, and is not, responsible for medical malpractice committed by employees, doctors, anesthesiologists, and other care providers.

Hospitals Are Liable for Employee Actions

If someone is an employee of a hospital, the hospital is typically responsible (liable) if that employee hurts a patient by acting incompetently. In other words, if the employee is negligent (is not reasonably cautious when treating or dealing with a patient), the hospital will usually be on the hook for any resulting injuries to the patient. (Keep in mind that not every mistake or unfortunate event that happens in a hospital rises to the level of negligence. To learn more about what constitutes medical malpractice, read Nolo’s article Medical Malpractice Basics. )

Typically, nurses, medical technicians, and support staff are hospital employees. As long as the employee was doing something job-related when he or she caused an injury to a patient, the patient can usually sue the hospital for resulting damages. For example, if a registered nurse (R.N.) employed by the hospital injects the wrong medication into an IV “push,” and the patient ends up suffering harm as a result, then the hospital could probably be considered liable for the R.N.’s mistake.

However, if a doctor makes a mistake and injures a patient while working in the hospital, the hospital will not be liable for the doctor’s mistake unless the doctor is an employee (which is unlikely — see below).

Also, if a hospital employee commits malpractice while under a doctor’s supervision, the patient can sue the doctor, but the hospital may be off the hook. Whether an employee is under the supervision of the doctor when the misdeed occurs depends on:

whether the doctor was present, and

whether the doctor had control to prevent the employee’s negligence.

For example, a surgeon may be liable if an attending nurse miscounts the surgical sponges, leading the surgeon to leave a sponge in the patient. (To learn more about this situation, read Nolo’s article Nursing Malpractice ) .

Is the Doctor an Employee of the Hospital?

This is the critical question when figuring out whether the hospital itself can be sued when a doctor provides sub-standard care and ends up causing harm to a patient.

Whether a doctor is a hospital employee depends on the nature of his or her relationship with the facility. Though some doctors are hospital employees, most doctors are not. Non-employee doctors are usually classified as “independent contractors” in the eyes of the law, which means that the hospital cannot be held responsible for the doctor’s medical malpractice, even if the malpractice happened at the facility, and the doctor is officially affiliated with the facility.

A doctor is more likely to be an employee (rather than an independent contractor) if:

  • the hospital controls the doctor’s working hours and vacation time, or
  • the hospital sets the fees the doctor can charge.

Exceptions: When Hospitals Are Liable for Non-Employee Doctors’ Actions

Even if a hospital would generally not be liable for an independent contractor doctor’s malpractice, a hospital may be held responsible in certain situations.

Hospital Appeared to be the Doctor’s Employer

If the hospital does not make it clear to a patient that the doctor is not an employee, the patient can sue the hospital for the doctor’s malpractice. Hospitals attempt to avoid this problem by informing patients in the admission forms that the doctor is not a hospital employee.

The situation is different for patients injured in an emergency room. Usually, the hospital does not have an opportunity to inform emergency room patients that a doctor is not an employee. This means that ER patients can often sue the hospital for a doctor’s medical malpractice. There are also a few states that say a hospital can be sued for emergency room malpractice regardless of what the patient believed or was told. (To learn more, read Nolo’s article Medical Malpractice During Emergencies .)

Hospital Keeps an Incompetent Doctor on Staff

A number of states hold the hospital responsible if it gives staff privileges to an incompetent or dangerous doctor, even if the doctor is an independent contractor. The hospital is also responsible if it should have known that a previously safe doctor had become incompetent or dangerous. For example, if a doctor becomes severely addicted to drugs and the hospital management knew about it, or it was so obvious they should have known about it, a patient injured by that doctor can probably sue the hospital.

Getting Help

It’s often essential to get advice or representation from a lawyer because medical malpractice law is highly regulated by a complex body of rules, which vary considerably from state to state.

For help on choosing a good medical malpractice attorney, read Nolo’s article Finding a Personal Injury Lawyer. Or, you can go straight to Nolo’s Lawyer Directory for a list of personal injury attorneys in your geographical area (click on the “Types of Cases” and “Work History” tabs to learn about a particular lawyer’s experience, if any, with medical malpractice claims).

Get the compensation you deserve.


Can I Sue a Dentist for Medical Malpractice? #medical #malpractice #attorney #tampa


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Can I Sue a Dentist for Medical Malpractice?

To sue a dentist for medical malpractice, you must be able to prove to a judge or jury that you suffered an injury as a result of a dentist’s provision of sub-standard care. Dental malpractice — much like medical malpractice — gives rise to a very specific type of negligence lawsuit. And any lawsuit that is based on principles of negligence must meet a four-pronged threshold to establish proof. Those four prongs are duty, breach, causation and damages. In this article, we’ll discuss how to establish these four prongs and prove your dental malpractice case.

A Dentist’s Duty

Your dentist — and every dentist that practices for that matter — is charged with a legal duty to comply with the standard of care in treating patients. The standard of care is the level at which an ordinary, prudent dentist — in good standing, and of same or similar educational background and geographic location — would administer care under same or similar circumstances. This is simply the legal way of saying that your dentist has a duty to provide care at the same level a similarly educated dentist practicing in your area would provide. If you live in Detroit, MI, your dentist is not held to the same standard of care as a dentist in Alaska or Ohio.

Breach of Duty

If your dentist fails in his duty to provide you with care in line with the local standard of competent care, he has breached his duty. Keep in mind that in a dental malpractice case, an unfortunate or unsuccessful result does not automatically equal a breach of duty .

The practice of dental medicine is not an exact science, and there are no guarantees that any particular treatment will be successful or will sufficiently prevent future complications. However, there are cases where a dentist clearly breaches the standard of care by, for example, extracting the wrong tooth or causing nerve damage with an injection. There are also not-so-clear cases of breached duty, and those cases are usually aided through the testimony of a trained medical expert witness, usually someone who is licensed to practice dentistry and has experience in the same specialty as the defendant.

For example, if you file a medical malpractice case against an oral surgeon, your lawyer might retain a medical expert who has also practiced oral surgery, or who at least has professional knowledge with the procedure that led to the alleged malpractice. This expert witness would then offer detailed testimony as to:

1. the appropriate standard of care under the circumstances, and
2. exactly how the defendant dentist’s conduct fell short of meeting that standard in the plaintiff’s case.

In this way, proving dental negligence is much the same as proving medical negligence.

Proving Causation

Causation is perhaps the key component when proving dental malpractice. It is entirely possible that your dentist could breach his duty to comply with the standard of care without causing you any harm. In fact, you may never know a breach occurred.

There must be a causal relationship between your dentist’s breach of the standard of care and an injury you’ve sustained. When deciding whether you should pursue a dental malpractice suit, consider whether but for your dentist’s actions, would your injury have occurred? If the answer is a resounding “no,” then you will likely be able to prove causation, provided you can provide an expert dental opinion supporting your claim.

If your injury would have occurred regardless of your dentist’s actions, there may not be a causal relationship between your injuries and your dentist’s alleged breach. In that situation, you will likely find it difficult to prove your case.

What Are Your Damages?

The final component required to prove your dental malpractice case is the damages component. Without damages, your case will be dismissed.

As a plaintiff, you are charged with proving that your dentist’s breach of the standard of care caused you harm. Damages in a malpractice case can be physical (nerve damage, broken teeth), financial (costs associated with correcting your dentist’s mistakes) or non-economic (embarrassment because your once-winning smile has been forever ruined by an orthodontist ). As long as your damages were caused by your dentist’s breach of duty, your case will be allowed to stand.

Duty, breach, causation and damages are the four basic building blocks of any dental malpractice case. If you can’t make a basic showing of each of the four elements, your case will likely be dismissed without ever being presented to a jury. Expert support from other dental professionals (as witnesses) is essential to proving your case, as is competent legal representation. If you think you’ve been the victim of dental malpractice, you may want to contact an experienced medical malpractice attorney to discuss your case and your legal options.

Get the compensation you deserve.


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The Turkewitz Law Firm

The Turkewitz Law Firm s Cases of Note

  • $7M settlement for woman brain damaged during childbirth, who subsequently died.
  • $3.45M for Brooklyn Medical Malpractice – Brain Damage After Surgery
  • $1,300,000 verdict from structural collapse of metal grate causing broken wrist and badly broken ankle. This premises liability matter was the subject of two trials in federal court (2010 and 2012) and an appeal to the Second Circuit Court of Appeals (2013).
  • $1.87M for Brooklyn medical malpractice victim – nerve injury and stroke following liposuction
  • $2.5M for a breach of partnership agreement in a Manhattan law firm
  • $1.49M in New York medical malpractice case – amputated leg
  • $3.07M structured payment in Brooklyn due to Erb�s Palsy birth injury from medical malpractice, injuring the brachial plexus
  • $1.475M – Bronx Car Accident, Fractured Hip
  • $1.2M. Queens Medical Malpractice, Injury from Surgery
  • $1.295M in Bronx medical malpractice case – failure to diagnose an impending stroke
  • $2.2M structured payment to Queens child due to birth injury
  • $1.015M – New York medical malpractice – surgical drain errantly left knee, infection, multiple surgeries and leg fusion
  • More cases

Admissions to Practice

State of New York

U.S. District Courts:
Southern District of New York
Eastern District of New York

United States Court of Appeals: Second Circuit
Eleventh Circuit

Professional Memberships

American Bar Association

New York State Trial Lawyers Association

American Association for Justice

Eric Turkewitz has tried personal injury cases to verdict in New York, Bronx, Brooklyn, Queens, Staten Island, Nassau, Suffolk, Westchester, Rockland, Dutchess and Albany counties.

If you are looking for a personal injury attorney it’s probably because you’ve been seriously hurt by the negligence of others. On the other side is a person or company, represented by insurance company lawyers, that is resisting the obligation to provide fair compensation for the injuries. Personal injury lawyers seek to level the playing field so that individuals have their cases heard in court on equal footing with those multi-billion dollar corporations.

We believe in personal responsibility. If people or companies injure others through negligence they should be accountable for the losses. That is fair, that is just, and that accountability not only provides for the needs of the injured but also makes our communities safer.

This firm, therefore, is dedicated to helping accident and medical malpractice victims gain fair compensation for their injuries. Eric Turkewitz, the firm’s founder and principal trial attorney, has argued for over 25 years in front of judges and juries for just that purpose. For eight years in a row, 2009-2016, he was selected by Super Lawyers Magazine. as one of the top 5% of personal injury attorneys in New York.

Over the years, we have litigated numerous cases of:

Some of the more interesting cases that were favorably settled or went to verdict are in the Cases of Note section, or in the right sidebar. The summaries are published here for your reference to show the nature of the claims, the nature of the defenses, and the ultimate recovery. Since no two cases will be exactly the same, you should understand that these are mere examples.

Over the years, Mr. Turkewitz has examined hundreds of medical witnesses under oath in New York court proceedings, litigating across a wide spectrum of medical specialties. He has done this both for his own firm as well as for other attorneys that have sought him out.

Mr. Turkewitz also represented victims of the September 11 attack as a member of Trial Lawyers Care. the largest free legal services project in American history.

The cases we accept are often complex and time consuming. Defendants will often do everything possible to slow the legal process. This necessitates being highly selective in deciding which cases to undertake.

Consultations and Access

The firm provides a consultation at no charge. As needed, we speak with witnesses, obtain records, and consult with experts that are specialists with outstanding credentials in their fields, in order to determine if a suit should be brought. The firm generally covers the New York counties of Manhattan, Bronx, Brooklyn, Queens, Staten Island, Nassau, Westchester, Suffolk, Rockland, Putnam, Dutchess, Orange and Albany. For serious cases we will travel elsewhere.

How to Choose a Lawyer

If you are in need of a lawyer and that’s the only logical reason to be on this site here are some things to consider:

The New York Personal Injury Law Blog

The Turkewitz Law Firm also sponsors the New York Personal Injury Law Blog to discuss issues of medical malpractice, personal injury, appellate decisions, cases of interest in the press, and public policy regarding the justice system.

In July 2008, ALM (American Legal Media) publisher of the New York Law Journal. American Lawyer and the National Law Journal among its many publications added the blog to its roster of 30 affiliated blogs at Law.com. Turkewitz’s publication thus became the first personal injury blog in the nation to become affiliated with Law.com.

In November 2008 the American Bar Association Journal. read by half the nation’s one million lawyers, selected the New York Personal Injury Law Blog as one of the nation’s top 100 law blogs. It was the only plaintiff’s oriented personal injury blog in the country to receive this honor. The New York Personal Injury Law Blog was honored again in 2009 as one of the top law 100 blogs, for a third time in 2010. a fourth time in 2011. and a fifth time in 2012. At this point his law blog was inducted into the American Bar Association’s new Blawg Hall of Fame . one of only 10 law blogs in the nation to be so honored.

About This Website

This website is the firm’s electronic brochure, a form of attorney advertising. You only found this site because you looked for us. We do not engage in television, radio, print, mail or spam email-advertising campaigns of any kind. Frankly, we find many of them somewhat offensive. Mr. Turkewitz does, however sponsor his son’s youth baseball team. Because that kind of advertising we like. You can read more about our views on attorney advertising here .

Throughout this site you will see examples of cases we have handled. Since all cases are different, and legal authority may change from year to year, it is important to remember that prior results cannot, and do not, guarantee or predict similar outcomes with respect to any future matter, including yours, in which any lawyer or law firm may be retained.