Medical Malpractice2019-01-27T14:02:22+00:00




Many firms claim to handle medical malpractice cases, but few are true experts with the experience and resources to take on the toughest cases and follow through.  We take cases that other attorneys turn away and win multi-million dollars settlements and awards.  We often take cases that other attorneys drop when they realize they don’t have what it takes to fight a malpractice lawsuit properly.  Two of New York’s City’s most prestigious firms working together on your case – Queens Medical Malpractice Attorney Wittenstein & Wittenstein, plus the eminent Jacob Fuchsberg Law Firm.  Unparalleled personal attention, experience, and resources.  Don’t waste your time, call us first.


queens medical malpractice attorney

Medical malpractice cases are complicated.  First, there must be an extensive investigation to determine whether or not there was negligence.  Next, evidence must be collected and expert witnesses retained.  Doctor’s careers are on the line, so there is rarely a settlement without bringing the case close to trial.  Not every case goes to a jury, but every case must be prepared for trial without shortcuts.  Queens Medical Malpractice Attorney Wittenstein & Wittenstein and The Jacob Fuchsberg Law Firm offer you a powerhouse team that will get you results.



When medical practitioners make mistakes, they’ll stop at nothing to cover them up.  Fast action is crucial before records are destroyed and altered.  It’s best that medical records are requested, if possible before the doctors are aware they are going to be sued.  Some mistakes are obvious such a leaving a surgical tool inside a patient or operating on the wrong body part, but other times a thorough investigation into the recognized standard of care must be performed.  If the doctor does not have a very good reason why he didn’t use the standard practice, and something terrible happens to the patient – we are here to help.

Medical Malpractice, otherwise known as medical negligence is an especially common occurrence. It occurs when a doctor, nurse or other health professional fails to provide their patient with thorough, professional care, which can lead to an array of different consequences, such as substantial loss of income, personal injury and in some extreme cases, death.

Doctors, nurses and other health care providers are expected to adhere to certain standards of practice and when they fail to do so, they can be held accountable if their patient somehow suffers as a result of their actions. Depending on the nature of the malpractice, the healthcare provider can be brought to court.
A medical malpractice attorney should be fully knowledgeable of the medical malpractice laws in their state and how to apply them appropriately. They must be able to prove that the medical professional violated or deviated from the appropriate standard of care and that the injuries sustained by the patient are a direct result of such negligence.

If you suspect that you or somebody you love has been a victim of medical malpractice, you should call us for a FREE CONSULTATION to determine whether or not a malpractice lawsuit will be possible.  Consulting with the best personal injury attorney, a queens medical malpractice attorney, will give you the answers you are seeking.  At the very least, you will obtain some closure.


Do I Have A Medical Malpractice Case?

If you’ve been treating a doctor that’s caused you more harm than good, you may have a case against that doctor for medical malpractice. The law in New York allows people that are injured by the negligence, recklessness or intentional acts of a health care professional to sue for the damages they’ve incurred as a result. Unfortunately, many cases where people are injured by poor care don’t meet all of the necessary requirements for a successful medical malpractice case due to the costs of litigation being more than what’s [...]

What is Medical Malpractice?

Medical negligence by a healthcare professional, leading to injury or death, is known as the Medical Malpractice.In New York, you generally have only 2 1/2 years to file a medical malpractice claim. If your claim includes a city or state hospital, a notice of claim must be filed within 90 days. Once a healthcare professional becomes aware of their mistake, they often try to cover their tracks. If you think you may be a victim of medical malpractice, it’s important to contact an experienced Queens medical malpractice attorney as [...]

Can I Sue For Sexual Abuse When I Was A Child?

The answer is yes. The Child Victims Act, passed in 2019, changed the law so that victims of sexual abuse, that are under the age of 55, can sue persons and organizations for child sexual abuse, no matter how long ago it occurred. For example, you could sue a coach that mistreated you at your elementary school in 1970 or a pediatrician that fondled you in 1975. Since the law was enacted, many victims have collected compensation for the abuse they suffered. It’s difficult for victims to tell their [...]

How to Choose the Best Malpractice Attorney

Medical Malpractice cases can only be handled properly by attorneys with specific experience in this area of the law.   This is usually a personal injury attorney who has devoted a substantial portion of their practice to medical malpractice cases for many years.  Medical malpractice cases always require litigation, they can’t be settled quickly like many car accident and slip and fall cases are.   When a medical malpractice attorney accepts a case, they know that they are agreeing to a substantial amount of work over several years and also to [...]

Did My Doctor Fail to Diagnose My Condition?

FAILURE TO DIAGNOSE If you are wondering, "Did my doctor fail to diagnose my condition," causing the condition to worsen, leaving me in a much worse position than if it had been diagnosed in a timely manner?  Sometimes failing to diagnose a condition can lead to serious medical problems and even death.  A doctor is responsible for identifying symptoms and conditions.  If a doctor sees symptoms, but cannot diagnose them, he should refer the patient to a specialist that can.  Doctors should take into account the medical history of the [...]

Do I Need a Pediatric Malpractice Attorney?

Pediatric Malpractice Attorneys specialize is handling cases for children that are victims of medical malpractice.  It is a sub-specialty for the types of medical treatment that children receive, and the types of problems that tend to occur.  Of course, just like with medical treatment, a generalist malpractice attorney can handle many of these cases, but it is usually better to go with a lawyer that is more knowledgeable about this particular area.  A really good malpractice lawyer will know everything about the medical procedures for the case, almost as [...]

Psychological Injuries Lawsuits

Some psychological injuries are so severe that they can be as disabling as serious physical injuries.  When a careless or reckless act caused intense trauma, special arrangements must be made when pursuing a lawsuit.  This concept originated with “collaborative divorce,” where a psychologist becomes part of the team so that settlement discussions can stay on track.  With lawsuits that involved extremely traumatic events, this formula can also be applied, and a lawsuit for psychological injuries can be brought. Of course, any accident is traumatic.  Fearing for your life when [...]


DON'T HESITATE TO PICK UP THE PHONE AND CALL When somebody dies or is in terrible shape after a medical procedure, the family wants to do something to help.  It is an excellent idea to call a medical malpractice lawyer whenever you suspect something might have been done wrong.  An experienced attorney will be able to ask the right questions and give you some idea about the viability of the case right away.  Unfortunately, some cases just can't be made, due to lack of evidence or lack of damages, [...]

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