The Turkewitz Law Firm

New York Personal Injury Attorney ♦ Medical Malpractice ♦ Trial Lawyer

Serving Manhattan, Bronx, Brooklyn, Queens, Staten Island, Rockland, Dutchess, Westchester, Nassau & Suffolk Counties
Eric Turkewitz
228 E. 45 St., 17th Floor
New York, NY 10017
Phone: (212) 983-5900

Medical Malpractice

Medical malpractice is a type of personal injury, wherein doctors, hospitals and other medical professionals commit professional negligence. (For a further discussion of the law of medical malpractice, go to this page.)

Turkewitz started his career in 1985 at Fuchsberg & Fuchsberg exclusively litigating medical malpractice cases, and has handled it consistently since that time (in addition to litigating car accidents, premises accidents and other types of personal injury matters).

Below is a summary of some of the medical malpractice cases Turkewitz has handled over the last 30 years. Please note, however, that these are mere examples. Many factors go into determining jury verdicts or settlements:

  • $7M settlement for woman brain damaged during childbirth, who subsequently died (2015).
  • $3.45M for a 76-year-old Brooklyn man (2012) who went to a Manhattan hospital for hip replacement surgery. In the recovery room he had unexplained pain and then lapsed into a coma.
  • $1.87M for a Brooklyn woman (2001) who suffered nerve injury to right arm during liposuction and then a stroke after she hemorrhaged. This medical malpractice case was featured in the New York Law Journal in 2002.
  • $1.49M medical malpractice recovery (1991) for a 65-year-old New York man who underwent by-pass surgery for his left leg due to vascular insufficiency, and had his right leg amputated.
  • $3.07M birth injury settlement (2006) for Erb’s Palsy to a Brooklyn child. Permanent injury to the brachial plexus nerves. This is a multi-year payout with a present value of $1.0M. Settled after jury selection, in 2006.
  • $2.2M for negligent injury to a child’s eye during childbirth (1996), resulting in reduced vision in the eye and forceps marks next to the eye. The $2.2M birth injury recovery in Queens was a structured payout over many years, which had a present value of $750K.
  • $1.2M for a Queens man (2008) who had surgery to repair a hernia. The surgeon attempted to use surgical mesh to patch the defect in the abdominal wall. The mesh, however, was inadvertently tacked to his small intestine also. Settled in 2008.
  • $1.295M medical malpractice recovery (1994) for negligence in failing to diagnose and treat an impending stroke in a Bronx man, resulting in left-sided weakness and right-sided numbness.
  • $1.015M medical malpractice settlement (1999) for a 79-year-old New York woman when a surgical drain was negligently left in the knee after a total knee replacement, resulting in infection, multiple surgeries and fusion of the knee.
  • $575K jury verdict (1992) for a 58-year-old Queens man who was hospitalized for cardiac failure and underwent multiple intubations with an endotracheal tube, resulting in damage to his voice box. The medical malpractice victim was noted courtroom sketch artist John Hart, whose works appeared in museums, and on the pages of numerous national publications and television broadcasts. (Four of his Watergate trial sketches hang in Mr. Turkewitz’s office, and are featured on this site.)
  • $520K settlement (2011) for Brooklyn woman disfigured during breast reduction surgery
  • $610K jury verdict (1994) for an injury to the sciatic nerve from a negligently placed injection in the buttocks of this Brooklyn woman. (The court later reduced this medical malpractice verdict to 450K, because the verdict was too high.)
  • $675K for negligence in failing (2003) to diagnose colon cancer in a 59 year old Queens man, allowing cancer to progress from Stage 2 to Stage 3 in this medical malpractice victim.
  • $400K medical malpractice settlement during jury deliberations (2002) for a 25-year-old Brooklyn man who suffered an anal stricture due to negligence following a hemorrhoidectomy.
  • $400K jury verdict (1993) in a Bronx medical malpractice case for negligence in failing to diagnose and treat appendicitis, resulting in a ruptured appendix, hospitalization and scarring.
  • $625K medical malpractice recovery (1997) for claim of failing to diagnose and treat a slow growing meningioma in the head, in Poughkeepsie.
  • $450K medical malpractice recovery (2000) for an 80-year-old New York woman who had a surgical pad negligently left behind after bowel surgery, resulting in infection, ICU care, temporary tracheotomy and severe weakening of an already fragile condition.
  • $400K for chemical burns (2000) in the ankle of a Bronx newborn baby from an intravenous extravasation, due to medical malpractice
  • $450K medical malpractice recovery (1995) for a 77-year-old New York woman due to a negligent failure to diagnose and treat an infection in the left eye, leading to blindness in the eye.
  • $300K for a 13-year-old Westchester child (1995) with an injury to the bowel from back surgery, resulting in short bowel syndrome due to medical malpractice.
  • $400K settlement, mid-trial (1997), for the family of a 56-year-old Queens seamstress who bled to death during surgery when her liver was negligently lacerated (in New York, one can not be compensated for grief, only for monetary loss and pain and suffering). This was a wrongful death case resulting from medical malpractice.
  • $300K settlement during jury deliberations (1993) for negligent injury to the facial nerve during middle ear surgery, for this 15-year-old medical malpractice Bronx resident.
  • $350K medical malpractice recovery (2008) for a Bronx woman who had a bladder injury after a hysterectomy.
  • $125K recovery for New York City singer that suffered hundreds of burns from laser hair removal (2010).
  • $200K medical malpractice recovery (2000) for this New York woman who was misdiagnosed with lymphoma and underwent radiation
  • $160K a Bronx child due to negligence (1993), when a laceration of a tendon in the ring finger of the non-dominant hand was not diagnosed at Jacobi Hospital
  • $150K for delay in diagnosing breast cancer (1993), which deprived this Rockland medical malpractice victim of an opportunity for a lumpectomy.
  • $175K for a surgical sponge negligently (1999) left behind after bypass surgery at NYU University Medical Center on a 72 year old New York woman, necessitating surgery to remove it from behind her sternum
  • $100K for a broken scissor blade negligently left in this Bronx patient after a hysterectomy at Bronx-Lebanon Hospital (1995), necessitating surgery to remove it
  • $200K medical malpractice recovery (1994) for a vesico-vaginal fistula in this Westchester woman after a hysterectomy
  • $240K settlement mid-trial (1994) of this medical malpractice case involving a sciatic nerve injury after a negligent injection in the buttocks of this Bronx woman
  • $215K medical malpractice recovery (1994) for this Rockland patient who suffered a detached retina, after an anesthesia injection ruptured the globe of her eye prior to cataract surgery
  • $125K for a laparotomy pad (1999) that was negligently left behind after a Cesarean section for this Bronx woman at Jacobi Hospital, discovered two years later
  • $150K medical malpractice recovery for retained bone fragments left in this Queen man after a C5-C6 discectomy at Elmhurst Hospital, necessitating additional surgery
  • $185K for the failure to diagnose an impression fracture in the shoulder in this Brooklyn man (2005), and subsequently undergoing the wrong surgery on his shoulder
  • $285K settlement (2006) for hospital malpractice and doctor error when catheter placed in carotid artery instead of jugular vein, causing wrongful death of 87 year old Westchester man

Updated: 3/2/2016
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2011 ABA Journal Blawg 100