Medical Malpractice

Proudly Serving Buffalo & Western New York

In times of illness or injury, you may depend on healthcare providers including doctors and nurses and other healthcare professionals. You and your family place trust in these individuals and services to protect you. What happens when they fail to do so? Medical malpractice occurs when a doctor or other healthcare professional fails to act within the standard of medical care and treatment that you are entitled to receive which results in an injury to you. When this happens, you need experienced medical malpractice attorneys working on your behalf. Attorneys Brian Fitzgerald and Derek Roller have extensive experience handling complex malpractice cases involving anesthesia, birth and delivery, emergency room treatment, family practice medicine, nursing home care, medication errors, surgical treatment, podiatric treatment and surgery, and dental treatment and surgery, and vaccine injury, amongst many, many others. Please contact us today to discuss whether you or someone you know has a medical malpractice case.

Significant Results

Jane Doe v. Family Practice Physician, substantial seven figure settlement on behalf of the family of an individual who was injured after failing to seek appropriate treatment when his family care physician failed to inform him of his condition evidenced by his complaints and blood test results.

Jane Doe v. Dr. Podiatrist X, substantial settlement on behalf of woman who sustained disability and disfigurement of foot due to negligent performance of bunionectomy by podiatrist.

John Doe, Infant v. Dentist X, substantial settlement on behalf of nine year old whose dentist mistakenly pulled two adult front teeth instead of baby teeth.

Jane Doe v. Dr. X Surgeon, substantial settlement on behalf of 60 year old plus woman who sustained injury and dysfunction to wrist and hand as a result of medical malpractice during surgery to reposition ulnar nerve.

John Doe v. Dr. X Urologist, substantial settlement on behalf of young man for failure to diagnose and surgically treat torsion of the testes and loss of testicle.

Estate of John Doe v. Dr. X General Practitioner, substantial settlement on behalf of the Estate of a deceased man who died for failure of his primary care doctor to properly, diagnose and treat heart disease.

Estate of John Doe v. Dr. X Orthopedic Surgeon, substantial settlement on behalf of Estate of deceased man for failure of doctor’s office to appropriately respond to phone call of decedent complaining of chest pain – decedent died of pulmonary embolism next day.

Estate of John Doe v. Hospital X, substantial settlement on behalf of Estate of patient who died because medical staff’s failure to diagnose internal bleeding following surgery.

John Doe v. Radiologist X, substantial settlement on behalf of young man for disability of wrist as a result of undiagnosed wrist fracture by radiologist.

Jane Doe v. Hospital X and Dr. OBGYN, substantial settlement on behalf of young woman who had to endure attempted abortion procedure which was cancelled when determined that she was more than 24 weeks pregnant – patient had to then continue on with pregnancy and give birth to still born baby.

Jane Doe v. Hospital X Emergency Room, substantial settlement on behalf of developmentally disabled young lady who suffered from complication (peritonitis) from undiagnosed burst appendix.

Estate of John Doe v. Hospital X and Surgeons, substantial settlement on behalf of Estate of patient who died of complications of post-operative bleeding which was not diagnosed.

John Doe v. Dr. X Surgeon, substantial settlement on behalf of patient for complications as a result of surgical lap packleft in abdomen during surgery.

Estate of John Doe v. Hospital X and Drs. Anesthesiologists, substantial settlement on behalf of the Estate of elderly man who died as a result of failure to timely intubate as a result of failure to diagnose bleeding in the neck post-surgery.

Estate of John Doe v. Dr. X General Practitioner, substantial settlement on behalf of Estate of patient hospitalized for pneumonia and wrongfully given pure water for rehydration which caused red blood cells to explode and death.

Estate of John Doe v. Dr. X General Practitioner, substantial settlement on behalf of Estate of young man who presented with chest pain and a family history of coronary artery disease and death because his primary care doctor failed to diagnose coronary artery disease and blocked arteries to the heart.

John Doe v. Dr. X Orthopedist, substantial settlement on behalf of post-operative patient for failure of orthopedist’s office to refer him to emergency room when he called complaining of post-operative chest pain – failure to diagnose pulmonary embolism.

Estate of John Doe v. Dr. X General Practitioner, substantial settlement on behalf of Estate of patient who died from heart attack because his doctor failed to appropriately monitor and treat coronary artery disease.

Estate of John Doe v. Hospital X Pharmacy, substantial settlement on behalf of Estate of man who was brain damaged from brain bleed caused by overdose of blood thinner Coumadin.

Jane Doe v. Dr. OBGYN, substantial settlement on behalf of middle aged woman whose urethra was cut and damaged during surgery to remove a lower abdominal abscess.

Jane Doe v. Dr. Radiologist, substantial settlement on behalf of patient for complications resulting from undiagnosed left ankle fracture.

Jane Doe v. Dr. X, substantial settlement on behalf of young woman who sustained significant complications as a result of common bile duct injury sustained during laparoscopic gall bladder surgery.

Jane Doe v. Hospital X Emergency Room, substantial settlement on behalf a young woman who experienced complications as a result of failure to diagnose burst appendix.

John Doe, an Infant v. Dr. OBGYN, substantial settlement on behalf of infant who sustained brachial plexus injury and consequent shoulder dysfunction because of failure of doctor, during infant’s delivery, of appropriately diagnosing and treating shoulder dystocia (baby’s shoulder impacted in the birth canal during the delivery).

John Doe, an Infant v. Dr. OBGYN, substantial settlement on behalf of infant who sustained brachial plexus injury and consequent shoulder dysfunction because of failure of doctor, during infant’s delivery, of appropriately diagnosing and treating shoulder dystocia (baby’s shoulder impacted in the birth canal during the delivery).

John Doe, an Infant v. Dr. OBGYN, substantial settlement on behalf of infant who sustained brachial plexus injury and consequent shoulder dysfunction because of failure of doctor, during infant’s delivery, of appropriately diagnosing and treating shoulder dystocia (baby’s shoulder impacted in the birth canal during the delivery).

John Doe, an Infant v. Dr. Pediatrician X, substantial settlement on behalf of an infant because of complications experienced by reason of pediatrician’s failure to diagnose enlarged skull and deformity of skull (sagittal synostosis, failure of skull bones to grow and fuse correctly) during the first three months of life.

Jane Doe v. Dr. Vascular Surgeon X, substantial settlement on behalf of 50 year old woman whose lower arm was significantly damaged by reason of undiagnosed and untreated compartment syndrome caused by failure of vascular surgeon to diagnose and treat a blocked brachial artery following catheterization.

Estate of John Doe v. Dr. Cardiologist X, substantial settlement on behalf of Estate of patient whose heart stopped following tachycardia caused by cardiologist’s negligent change in patient’s anti arrhythmic medication.

Jane Doe v. Dr, Plastic Surgeon X, substantial settlement on behalf of young woman whose right breast was disfigured by plastic surgeon during breast reduction surgery.

Jane Doe v. Dr. Plastic Surgeon X, substantial settlement on behalf of middle aged woman whose breasts were distorted following breast reduction surgery by plastic surgeon.

Estate of John Doe v. Dr. X, substantial settlement on behalf of Estate of a woman who died of heart attack after lower back surgery because of failure of doctors to diagnose heart disease.

John Doe v, Hospital X, substantial settlement for client who developed compartment syndrome in left arm during surgery because of negligent placement of an IV.

Jane Doe v. Dr. Ophthalmologist, substantial settlement on behalf of elderly woman who became blind in one eye because of failure of ophthalmologist to perform iridectomyduring cataract surgery.

John Doe v. United States, successfully prosecuted this case in the United States Court of Federal Claims on behalf of client who suffered adverse reaction and neurological injury from a measles, mumps and rubella vaccination in connection with his starting employment as a nurse.

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Personal Injury – Medical Malpractice

Testimonials & Case Results

  • "A worker was loading a logging truck and was not given the proper safety equipment.  He fell off the truck and sustained injury.  A high six figure settlement was negotiated for the client and this case expanded the scope of liability under the Labor Law in New York to include falls off trucks."

  • "After orthopedic knee surgery, a man called his surgeon’s private office complaining of chest pain.   The surgeon’s office failed to respond appropriately to the complaints which were of an emergency nature and the man died of pulmonary embolism the next day.  A significant settlement was negotiated on behalf of his family during the trial."

  • "After orthopedic knee surgery, a man called his surgeon’s private office complaining of chest pain.   The surgeon’s office failed to respond appropriately to the complaints which were of an emergency nature and the man died of pulmonary embolism the next day.  A significant settlement was negotiated on behalf of his family during the trial."

  • A young woman underwent a bunionectomy performed by a Podiatrist which was performed improperly, leaving her foot disfigured and leaving her in more pain than she had been in before the surgery.  The Podiatrist agreed to a significant six figure settlement shortly prior to trial.

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