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Medical Malpractice Lawyer


If you, or a member of your family, has been injured as a result of a medical error, know that it is not an isolated event. In fact, according to a recent American Association for Justice report, more than 181,000 severe injuries are attributed to medical negligence annually.

Medical malpractice refers to healthcare provider negligence, and holds individuals and their companies responsible for actions, or inactions, that digress from the universal standard of care required of medical personnel. This standard is determined by comparing their actions and results with those of other professionals in the same field, circumstances, and geographical region. If this comparison is unfavorable, they can be held accountable for any injuries that result.

Although a medical professional is responsible for providing this general standard of care, this does not mean that an unfortunate procedural outcome will qualify as malpractice. The law recognizes and allows for variety of approach and procedure of doctors treating their patients. While there is room in the law for a doctor’s judgment in determining health care provided, there is no room for, mistaken diagnosis, failures to diagnose, substandard care, performing a treatment without patient consent, and other seriously negligent acts result in an injury or death.

Actual medical malpractice / eye surgery case

These are actual exhibits prepared for a case handled by Silbowitz Garafola Silbowitz Schatz & Frederick involving a treating surgeon’s failure to take his patient off Coumadin (a blood thinner) prior to surgery, resulting in large hemorrhage (bleeding) and blindness. Exhibits like these are essential in properly explaining complicated medical issues to jurors and we routinely prepare & present exhibits like these in our trials.

Actual medical malpractice / birth injury case

These are actual exhibits prepared for a case handled by our office involving (a) the misdiagnosis of a uterine anomaly resulting in fetal injury and (b) birth injuries resulting in brain malformations. We used these exhibits (a) to show the jury different uterine conditions and their individual affect on a fetus and (b) to counter defense arguments that the injuries were caused by unrelated genetic abnormalities. Exhibits like these are essential in properly explaining complicated medical issues to jurors and we routinely prepare & present exhibits like these in our trials.

Actual medical malpractice / misdiagnosis

These are actual exhibits prepared for a case handled by our office involving (a) the misdiagnosis of a sphenoid sinus infection, (b) the treating Neurotologist / ENT negligently diagnosed the patient with Otosclerosis. We used these exhibits to exemplify the nature of the malpractice and the injuries incurred. Exhibits like these are essential in properly explaining complicated medical issues to jurors and we routinely prepare & present exhibits like these in our trials. The jury in this case awarded the plaintiff 8.6 million dollars in damages.

Typical Medical Malpractice Claims

Here is a sampling of Medical Malpractice claims routinely handled by the attorneys at Silbowitz Garafola Silbowitz Schatz & Frederick:

Surgical Negligence – This involves the negligent performance of a surgical procedure, the use of improper medical equipment, the negligent failure to respond to certain signs and symptoms during surgery, or the leaving of an instrument or foreign body inside a patient following surgery causing injury.

Birth Injuries – These usually arise when there has been negligent medical or nursing care before, during or following a birth, such as the negligent failure to perform a caesarian section. Birth trauma resulting from medical negligence can cause death and catastrophic injuries, including Cerebral Palsy, Erb’s Palsy, shoulder dystocia, brain damage, developmental impairments and a variety of neurological injuries.

Failure to Diagnose or Treat Medical Conditions – These often include the negligent failure to diagnose or properly treat cancer, the negligent failure to diagnose or properly treat an early stage heart attack, the negligent failure to diagnose or properly treat an aneurysm, or the negligent failure to diagnose or properly treat any disease or condition affecting the body’s organs and normal function which often causes catastrophic injury to the patient.

Medication Errors – This includes prescribing unsafe medications, prescribing medications that should not be taken with one or more other medications a patient is taking, or the prescription of medications that should not be taken when a patient has certain medical conditions such as high blood pressure or liver problems. Once again this type of Medical Malpractice often causes lifelong residual injuries.

An individual injured by Medical Malpractice is often compromised in many ways. The full extent of the injury is often not apparent until well after the Medical Malpractice occurs and the type of injuries associated with Medical Malpractice can potentially interfere with an individual’s ability to work and earn a living. In addition, corrective treatment is expensive. Our firm spares no expense in gathering the essential evidence for your case, and we will retain all the necessary experts and specialists to make sure that your case is prepared properly to maximize the recovery you are entitled to under the law.

The more information the court and the jury are provided, the better they will understand and be able to evaluate your injuries and the impact that the Medical Malpractice has upon your life, financially and otherwise. With extensive information, they are more likely to render a fair and just award that will fully compensate you for all of your losses and ensure that you are not left without the means to properly attend to your medical and financial needs.

EXPERT REVIEW OF YOUR MEDICAL MALPRACTICE INJURY – Our attorneys have reviewed hundreds of Medical Malpractice claims. Once you hire us for your medical malpractice case, we will acquire your medical records and immediately have a medical doctor evaluate your potential claim.
If your claim meets our criteria and is accepted by our firm and we start a lawsuit on your behalf we will have your injuries and your economic losses reviewed by additional experts to help the jury or insurance company understand your need for future medical treatment, surgeries, medication and household help. These experts will arrive at the costs of all these items. We know that proper preparation and attention to detail helps ensure just compensation for you.

LIFE CARE PLAN FOR THE MEDICAL MALPRACTICE INJURY CLAIM – To further maximize your medical malpractice injury claim, we have many of our medical malpractice cases reviewed by a Life Care Planner when appropriate. A life care planner will review all relevant records and conduct an examination in order to give an opinion as to your future medical needs, which are often the largest component of economic damages. These experts determine the medical and other services, equipment, and supplies that you will require for the remainder of your life. They then carefully research all of the items included in the life care plan to determine your expected future medical treatment costs. Overall, life care planners assess and prepare our medical malpractice cases so that judges, juries, opposing attorneys, and insurance companies may understand the true value of your case.

ECONOMIC DAMAGES FOR MEDICAL MALPRACTICE INJURIES – Our firm routinely hires and spares no expense in retaining economic experts to accurately analyze your financial losses as a result of your Medical Malpractice claim. These professionals calculate economic losses related to your injury. They then apply specific medical inflation rates and consistent discount rates to determine the true value of your losses, such as medical expenses, lost wages, household help, and other items. They will create economic damage assessments and incorporate the cost of continued medical care and lost services when applicable. These economic experts also thoroughly evaluate the impact your injury has on your loss of earnings, which may include a loss of fringe benefits, pension benefits, 401(k) plan, and union benefits. They rely on both national estimates and case specific facts to determine and calculate these losses. The economic expert is often essential in providing the court and the jury with all of the necessary information to fully understand your economic losses due to your injury.

VOCATIONAL REHABILITATION EXPERTS – Oftentimes, the services of a Vocational Rehabilitation expert are helpful in explaining to the jury why a person with a disabling condition has to work at a job with a reduced earning capacity, has a shortened work life expectancy, or is rendered chronically unemployable. It is the vocational rehabilitation expert who performs a comprehensive evaluation of any employment issues you may have in order to explain in court how such factors impact your ability to obtain or maintain employment over the course of your lifetime.

MEDICAL ILLUSTRATIONS DEPICTING MEDICAL MALPRACTICE – Our attorneys work with medical art directors and certified medical illustrators to develop compelling visual aids and exhibits to present at trial. These greatly assist the jury in understanding the nature and impact of your injury. These medical illustrations turn complex medical information into visual presentations that captivate, educate and explain the anatomy and nature of the Medical Malpractice. They also detail surgical procedures, or medical conditions relevant to your case. This helps the jury understand your injury and the pain and suffering you endured and will continue to endure into the future.

CALL 1-800-EX-JUDGE OR E-MAIL NOW for a free consultation if you have been injured by Medical Malpractice or another type of injury caused by any type of accident or mishap due to someone else’s error or negligence. Our attorneys and staff will answer your questions and assist you with your legal claim. Our firm is DEDICATED to handling serious injury cases and providing our clients with the time and attention they deserve.


Our approach to practicing law is uncomplicated. We get the job done! Our clients get value for their money – something our founder, the Honorable Irwin M. Silbowitz (former New York State Supreme Court Judge), insisted upon when he established the firm. Every client’s case is treated with the utmost care.

RESULTS – EXPERIENCED IN MULTI-MILLION DOLLAR CASES: You need a law firm with proven trial results. Our track record speaks for itself.

PREPARATION – While many cases are settled beforehand, we prepare each case as if it will go all the way to trial. We know that failure to prepare is preparing to fail.

PERSONALIZED APPROACH – You will have direct access to a senior partner assigned to your case, as well as a paralegal and other staff.

PHONE CALLS RETURNED PROMPTLY – Our firm’s code requires us to return our clients’ telephone calls as promptly as possible, usually within one business day. We take your calls seriously and only accept a limited number of cases so we can provide you with exceptional and personalized service.

STATE-OF-THE-ART TECHNOLOGY – We use state-of-the-art computer generated trial exhibits to demonstrate to the jury important facts about your injuries. These medical trial exhibits incorporate your actual diagnostic films into the presentation. These visual aids accurately and graphically depict the nature and extent of the specific injuries that you sustained. In the old days all we had were X-rays or MRI films to show the jury. These often appeared dark, unclear and difficult to see. Our trial exhibits allow the jury to see and appreciate the injury in living color as it is being described by the medial expert.

The colorization of your diagnostic films clarifies your injury for the jury. The injury or postoperative condition is imaged directly over the diagnostic film allowing for medical accuracy and permitting a side by side comparison. This gives the jury an unprecedented understanding of your injury and a framework to evaluate the pain and suffering that you endured. We incorporate into exhibits medical hardware that may have been installed in your body like plates, screws, rods and wires, giving the jury a better understanding of the pain, suffering and loss of enjoyment of life that you have endured.

In some cases we have even utilized 3-D technology in the courtroom, allowing jurors to see the actual surgery that has been performed on our clients, providing them with a perspective only available to the expert surgeon involved in your case.

HOME/HOSPITAL VISITS – We will send an investigator to meet you at home or at the hospital so we can begin an investigation as quickly as possible and expedite your claim.

NO FEE UNLESS WE WIN – We offer FREE consultations and we never charge a legal fee unless we are successful in obtaining a settlement or jury verdict on your behalf.

NO UPFRONT EXPENSES – Our firm advances the costs of preparing and presenting our clients’ cases. That means even though we have to pay litigation expenses that can amount to tens of thousands of dollars, we do not ask our clients to advance these expenses. They are payable upon the conclusion of the case.