- Are You in Need of a Medical Malpractice Lawyer?
- Why Choose Us Over Other Medical Malpractice Attorneys on Staten Island?
- Get Answers After Medical Malpractice in Staten Island
- What Is Medical Malpractice?
- Who Can Be Liable for Medical Malpractice Injuries?
- Types of Medical Malpractice
- What Type of Compensation Is Available?
- How a Lawyer Can Help
Are You in Need of a Medical Malpractice Lawyer?
When a doctor, hospital, nurse, or other healthcare provider fails to meet the appropriate standard of care, the consequences can be devastating. A preventable medical error can leave a patient facing consequences that may include permanent disabilities, lost income, astronomical medical expenses, and a significantly reduced quality of life.
The Staten Island personal injury lawyers at Wingate, Russotti, Shapiro, Moses & Halperin, LLP represent patients and families in serious medical negligence cases. Filing a successful medical malpractice claim or lawsuit requires a detailed understanding of medical records, applicable standards of care, causation, and the patient's long-term prognosis.
You may want to contact a medical malpractice attorney if:
- A doctor failed to correctly diagnose a serious condition or diagnosis was delayed.
- A surgical mistake caused additional injuries or required corrective treatment.
- Your child suffered a preventable birth injury.
- An anesthesia error caused brain damage or another serious complication.
- You received the wrong medication or an incorrect dosage.
- A healthcare provider failed to properly monitor your condition.
- A preventable medical error resulted in paralysis, coma, or permanent disability.
- A loved one died because of suspected medical negligence.
Why Choose Us Over Other Medical Malpractice Attorneys on Staten Island?
When medical malpractice causes catastrophic injuries, choosing the right attorney can make a big difference in the outcome of your case. You need a law firm with experience handling serious injury claims, the resources to investigate complex medical issues, and the ability to prepare a strong case for trial.
Wingate, Russotti, Shapiro, Moses & Halperin, LLP has been representing injured New Yorkers for decades. Our attorneys approach medical malpractice cases with careful preparation, examining the facts, applicable law, medical records, and circumstances surrounding the patient’s injuries.
Here’s what sets our firm apart:
- More than 50 years of experience representing injured clients in New York and helping them pursue compensation for serious injuries and losses.
- More than $2 billion recovered for clients, reflecting the firm’s longstanding commitment to advocating for injured people and their families.
- Recognition as one of the Best Law Firms by U.S. News & World Report, an acknowledgment that reflects the firm’s distinguished record of legal service.
- Superb Avvo ratings based on experience, peer reviews, and professional achievement, highlighting the recognition the firm’s attorneys have received within the legal community.
- Recognition by the American Institute of Personal Injury Attorneys™ as one of the top 10 New York City law firms for client satisfaction, demonstrating a strong commitment to the people the firm represents.
- Attorneys recognized by the exclusive Multi-Million Dollar Advocates Forum, an organization whose membership reflects significant results obtained on behalf of clients.
- Attorneys who have received AV ratings from Martindale-Hubbell, its highest rating for ethical standards and legal ability, reflecting recognition from members of the legal profession.
- Commitment to achieving justice through meticulous preparation, with attorneys thoroughly developing the facts, researching applicable law, and carefully preparing each case for the courtroom.
Notable Medical Malpractice Case Results
- $12.085 Million Settlement: Failure to Timely Deliver an Infant
- $10.7 Million Verdict: Delayed Treatment Leads to Paralysis
- $10.2 Million Settlement: Infant Brain Damage
Get Answers After Medical Malpractice in Staten Island
If medical negligence caused you or a loved one serious harm in Staten Island, you may have grounds for a medical malpractice claim when a healthcare provider failed to meet the applicable standard of care and that failure caused significant injury. A medical malpractice attorney can evaluate the medical records, circumstances of the treatment, resulting damages, and potential legal options.
Wingate, Russotti, Shapiro, Moses & Halperin, LLP represents people seriously injured by medical negligence in New York. The firm offers free consultations and has recovered more than $2 billion for clients.
Call (212) 986-7353 today for a free consultation to discuss your potential Staten Island medical malpractice claim.
What Is Medical Malpractice?
Medical malpractice is professional negligence by a healthcare provider. In general, a malpractice case requires showing that a provider departed from the accepted standard of medical care and that the departure caused the patient's injuries. Determining whether malpractice occurred requires reviewing medical records, diagnostic studies, test results, treatment timelines, and other evidence.
Who Can Be Liable for Medical Malpractice Injuries?
Medical negligence is not limited to doctors. Depending on how an injury occurred, multiple healthcare professionals or organizations may potentially bear responsibility.
Liable parties may include:
- Surgeons
- Physicians
- Anesthesiologists
- Obstetricians
- Nurses
- Specialists
- Medical practices
- Clinics
- Hospitals
- Laboratories
- Radiologists
- Other healthcare providers
Hospitals may face liability in certain circumstances involving negligent employees or institutional failures. A case might involve inadequate monitoring, communication failures, improper procedures, or other problems with patient care.
Injured by a Medical Error?
If medical negligence resulted in severe injuries, WRSMH is ready to discuss your legal options Call (212) 986-7353 to learn more.
Types of Medical Malpractice
Medical negligence can occur during diagnosis, treatment, surgery, childbirth, follow-up care, and many other stages of a patient's treatment. Types of medical malpractice that frequently cause severe patient injuries and fatalities include:
- Failure to diagnose or delayed diagnosis: A physician may fail to recognize symptoms, order appropriate testing, properly interpret results, or refer a patient to a specialist. Delayed diagnosis of cancer, stroke, infections, and other serious illnesses can substantially affect a patient's prognosis.
- Surgical errors: Operating-room negligence can result in organ damage, nerve injuries, excessive bleeding, infections, or the need for additional procedures. Liability depends on whether the care provided departed from accepted medical standards.
- Birth injuries: Negligence before or during childbirth can potentially cause lifelong harm to a child or serious injuries to the mother. Cases may involve failures to appropriately monitor fetal distress, respond to complications, or perform a timely delivery.
- Anesthesia errors: Mistakes involving anesthesia can cause oxygen deprivation, brain damage, cardiovascular complications, and other devastating injuries.
- Medication errors: A patient may be harmed by receiving incorrect medication, inappropriate dosage, dangerous drug interactions, or failure to account for known allergies and medical conditions.
- Failure to monitor: Changes in a patient's condition may require immediate intervention. Inadequate monitoring after surgery, during labor, or while treating a serious illness can allow preventable complications to worsen.
- Lack of informed consent: Patients generally must receive sufficient information about significant risks, benefits, and alternatives to make an informed decision about certain medical treatment.
What Type of Compensation Is Available?
Severe medical malpractice can create financial consequences that last for years or even a lifetime. Calculating damages requires looking beyond the bills that have already accumulated. When an injury will continue to affect a patient for decades, the claim may need to consider future medical treatment, reduced earning potential, and the long-term effects of the injury.
Recoverable damages may include
- Past and future medical expenses
- Rehabilitation costs
- Lost wages
- Diminished future earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Ongoing nursing care
- Assistive equipment
- Home healthcare
- Rehabilitation
- Home modifications to accommodate a permanent disability
How a Lawyer Can Help
A Staten Island personal injury attorney can evaluate whether the evidence supports pursuing a claim and identify the legal and medical issues likely to determine its outcome.
The process may involve obtaining and reviewing medical records, reconstructing the patient's treatment timeline, examining diagnostic testing, identifying potentially responsible parties, assessing damages, and consulting appropriate medical professionals when necessary.
If litigation becomes necessary, an attorney can prepare pleadings, handle the discovery process, question witnesses and defendants, work with appropriate experts, negotiate with insurers and defense attorneys, and prepare the case for trial.
Filing a Wrongful Death Claim in New York
Medical malpractice can sometimes result in a patient's death. When negligence contributes to a fatal injury, eligible family members may have grounds to pursue a wrongful death action under New York law.
Recoverable damages may address losses such as funeral and burial expenses, lost financial support, lost services, and certain other economic losses suffered by surviving family members. Other claims may also be available depending on the facts.
How to Find the Best Medical Malpractice Attorney Near Me
If you search online for the best medical malpractice attorney near me in Staten Island, you will likely find numerous firms competing for your attention. Your attorney should be able to explain complicated legal and medical issues clearly, answer your questions, and help you understand the decisions that arise throughout the case.
For a Staten Island patient facing a catastrophic injury, you should also consider whether the attorneys have experience taking difficult cases through litigation. Medical malpractice insurers and healthcare defendants may vigorously contest liability and causation, so courtroom preparation can strengthen an attorney's ability to pursue a claim effectively.
Resources matter. Serious malpractice litigation may involve thousands of pages of medical records, depositions, extensive discovery, and testimony from qualified medical professionals. The law firm must be equipped to investigate and develop the case appropriately.
Case Results
$2,050,000 Settlement in NY Suit Alleging Improper Anesthesia Administration
Philip Russotti achieved a $2,050,000 settlement for the family of a man who died due to the negligence of an anesthesiologist during a routine surgery to repair an anal fissure. The patient suffered multiple complications, including respiratory arrest, after the anesthetic agent affected his ability to breathe. The family argued that the anesthesiologist failed to allow enough time for the anesthetic to settle before positioning the patient for surgery. Despite attempts to revive him, the patient did not survive, leaving behind a wife and two children. The settlement addressed claims for reduced social security and pension benefits and recognized the family's loss of companionship and guidance.
$2 Million Settlement for Misdiagnosis: Suffered Stroke and Wheelchair-Bound
Two WRSMH attorneys represented a 48-year-old woman who was misdiagnosed with gastroenteritis at urgent care, despite symptoms indicating potential bacterial endocarditis. After being sent home, she collapsed ten days later and suffered a stroke due to emboli from her infected heart valve. Already on disability from a prior work-related accident, she became wheelchair-bound with mild cognitive changes due to the misdiagnosis.
What Clients Are Saying About Us
They got me the best I could have ever recovered - Kimmatuallah A. (5-Star Yelp Review)
Bryce Moses is the Greatest trial Attorney you can ever meet. Omg he is the best I recommend Bryce to any Client that has a litigation worth the time and patients that he put in on his trials. WRSMH are then best Law Firm in New York. Very family oriented makes you feel relaxed no stress always willing to listen and add your advice and opinion to better your case along. They are the Best. This is my new legal family. They got me the best I could have ever recovered for my Litigation case Thank you all.
Ken Halperin is assertive and confident and is always there when I need him - J P. (5-Star Yelp Review)
Wingate, Russotti, Shapiro and Halperin LLP took my case and changed my life with its attentiveness to my needs and placing my best interest first. Ken Halperin is assertive and confident and is always there when I need him. I Trust these Attorneys and you would too after meeting them.
Speak With an Experienced Staten Island Medical Malpractice Lawyer
Wingate, Russotti, Shapiro, Moses & Halperin, LLP focuses its medical malpractice practice on substantial cases involving serious injuries. Determining whether malpractice caused that harm requires a careful examination of the medical evidence and the standards that applied to the healthcare providers involved.
If you or a loved one suffered a catastrophic injury because of suspected medical negligence in Staten Island, contact WRSMH to discuss your situation.
Call (212) 986-7353 for a free consultation today.
Frequently Asked Questions About Medical Malpractice
What is medical malpractice in New York?
Medical malpractice occurs when a healthcare provider departs from the accepted standard of care and causes a patient to suffer an injury. These cases may involve doctors, surgeons, nurses, hospitals, specialists, and other healthcare providers.
What compensation can I recover in a medical malpractice case?
Compensation may include medical expenses, future healthcare costs, lost income, diminished earning capacity, pain and suffering, and other losses resulting from the malpractice. Severe injuries may also create substantial long-term costs for rehabilitation, home healthcare, assistive equipment, and ongoing medical treatment.
How do I know if I have a medical malpractice case in New York?
You need to provide evidence that a healthcare provider departed from the applicable standard of care and that the departure caused or worsened your injury.
How do I find the best lawyer for a medical malpractice case?
The best lawyer for your case should have experience with complex medical malpractice litigation, substantial injury claims, medical evidence, and trial preparation. WRSMH has represented injured New Yorkers for more than 50 years and has recovered more than $2 billion for clients.
Should I hire a local New York City lawyer or a national firm?
For a New York medical malpractice claim, working with attorneys who understand New York City courts, state malpractice law, filing requirements, and local litigation can be valuable. WRSMH is based in New York City and has represented injured New Yorkers for decades.
Can I file a wrongful death claim if medical malpractice caused my loved one’s death?
Potentially. When medical negligence results in death, the appropriate representative may be able to pursue a wrongful death claim seeking compensation for eligible losses, subject to New York's requirements and filing deadlines.
Meet Our Attorneys
Philip Russotti
Philip Russotti is a senior partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP and an experienced New York trial attorney. Throughout his career, he has represented individuals and families in complex personal injury and medical malpractice matters involving catastrophic injuries and wrongful death. Phil’s practice includes cases arising from medical negligence, construction accidents, motor vehicle collisions, and other serious incidents.
Kenneth J. Halperin
Kenneth J. Halperin is a partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP who represents clients in serious personal injury and medical malpractice litigation. His work involves complex cases in which individuals and families face significant physical, emotional, and financial consequences because of negligence. Ken takes a detailed approach to case preparation, carefully examining the circumstances surrounding an injury and the evidence necessary to establish liability and damages.
Bryce Moses
Bryce Moses is a partner and trial attorney at Wingate, Russotti, Shapiro, Moses & Halperin, LLP who represents individuals and families in complex personal injury cases. His practice includes medical malpractice, construction accidents, motor vehicle collisions, and wrongful death claims. In medical malpractice cases, Bryce works to understand how the patient was treated, whether the care provided met appropriate medical standards, and how an alleged error affected the patient’s health and future.
Clifford H. Shapiro
Clifford H. Shapiro is a partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP with decades of experience representing people injured through negligence. His work includes guiding cases through important stages of litigation, settlement discussions, and pretrial preparation. Cliff works to develop the evidence necessary to present their losses effectively and to pursue appropriate compensation from those responsible for causing their injuries.
Our Medical Malpractice Case Results
$16 Million - Two Medical Malpractice Cases Involving Brain Damage
Phil Russotti recently obtained settlements for two brain damaged individuals and their families totaling guaranteed payouts in excess of $16,000,000.
Philip Russotti
$12.085 Million - Failure to Timely Deliver an Infant
This is a case involving the failure to timely deliver an infant to a first-time mother and resulting in severe brain damage to the child who is now 6 years old.
WRSMH LLP
$10.7 Million - Medical Malpractice Verdict In Queens County, NY
The female plaintiff fell down a flight of stairs at work and suffered a brain herniation that compressed the brain stem, which she contended was due to delayed treatment at the hospital emergency room.
WRSMH LLP
$10.2 Million - Infant Brain Damage Due to Medical Malpractice in New York
New York lawyer, Philip Russotti, won a $10,200,000 settlement for an infant who has catastrophic neurologic injuries caused by brain damage that resulted from herpes that went undiagnosed in 2003.
Philip Russotti
$8.5 Million - Verdict For NY Stroke Victim
A 62 year-old man suffered a stroke following a delay in surgery and discontinuance of a medication (Heparin) which prevents blood clotting.
WRSMH LLP
$6.6 Million - Improperly Performed Spinal Surgeries
At an extensive settlement mediation prior to jury selection, Phil Russotti settled a medical malpractice action on behalf of a old man against his neurosurgeon for improperly performing two spinal fusion surgeries.
Philip Russotti
$6.2 Million - Highest Personal Injury Verdict in Putnam County History
The plaintiff contended that an orthopedic surgeon failed to take a biopsy before performing surgery to remove a suspected Baker's cyst despite signs on MRI that the growth might be malignant.
WRSMH LLP
$6.15 Million - Negligent Administration of Excessive Steroids For Lupus
Philip Russotti obtained a verdict in a case venued and tried in Hawaii, for approximately six weeks. It was a complex medical malpractice case involving an infant plaintiff who sustained numerous permanent injuries.
Philip Russotti
$6.15 Million - Largest Verdict in Hawaii Personal Injury History
Phil Russotti recently obtained the largest jury verdict in Hawaii in a personal injury suit, a $6.15 million dollar verdict for a 14 year old girl who suffered steroid myopathy.
Philip Russotti
$6.1 Million - Union Plumber in Trip-and-Fall, Medical Malpractice Action
Attorneys with Wingate, Russotti, Shapiro, Moses & Halperin, LLP, obtained a settlement in the amount of $6,100,000 for a 57-year-old union plumber who tripped and fell at a construction site.
Kenneth Halperin
$6 Million - Newborn Who Sustained Brain and Kidney Injuries
The firm settled a case involving a newborn who sustained serious injuries during a double exchange transfusion.
WRSMH LLP
$4.5 Million - New York Medical Malpractice Case
Phil Russotti recently settled a case against five doctors after eight weeks of trial for $4.5 million dollars. The case concerned their failure to timely diagnose appendicitis and operate on a 17 year old boy.
Philip Russotti
$4.25 Million - Client Developed Permanent Steroid Myopathy
Phil Russotti obtained the second largest medical malpractice jury verdict in the State of Hawaii's history on behalf of a young woman who developed steroid myopathy after administration of excessive amounts of steroids.
Philip Russotti
$3.75 Million - Recovery For Disabled Siamese Twin in New York
The firm recently obtained an extraordinary settlement in an extremely difficult medical malpractice case.
WRSMH LLP
$3.5 Million - Medical Malpractice/Wrongful Death for Failure to Diagnose
Wingate, Russotti, Shapiro, Moses & Halperin, LLP attorney obtained a $3.5 million settlement in a case involving the failure to diagnose acute coronary syndrome in a 34-year-old married father of two children.
WRSMH LLP
$3 Million - NY Medical Malpractice/Wrongful Death
Just prior to jury selection, the firm reached a $3 million settlement in a case arising out of the death of a 35 year old, unmarried mother of four.
WRSMH LLP
$3 Million - Woman Died of Ovarian Cancer
Phil Russotti and another WRSMH attorney obtained a $3 million settlement in a medical malpractice/wrongful death case, involving a 59 year old woman who died of ovarian cancer.
Philip Russotti
$3 Million - Patient Develops Toxic Epidermal Necrolysis Due to Medication
WRSMH successfully represented a young man who experienced a severe case of toxic epidermal necrolysis due to medication.
WRSMH LLP
$2.95 Million - Wrongful Death Claim in New York
After a month-long trial and during jury deliberations, the firm settled a medical malpractice/wrongful death case for $2.95 million.
WRSMH LLP
$2.75 Million - Fatal Medical Malpractice
Prior to trial, the firm obtained a $2.75 million settlement in a medical malpractice case involving injuries sustained by an infant at birth, which lead to his death six years later.
WRSMH LLP