Medical Negligence Attorneys NYC: What are the Biggest Malpractice Suits?

Medical malpractice is a serious issue in New York, where patients suffer serious injuries or complications due to medical negligence. New York hospitals, some of the largest and most renowned in the nation, are responsible for performing a wide range of surgeries and medical procedures. With that said, even in highly advanced healthcare settings, medical errors occur that result in devastating consequences for patients and their families.

When medical professionals fail to meet the standard of care required, they can be held liable through medical malpractice suits, often leading to substantial financial recoveries. New York courts have seen numerous multi-million dollar medical malpractice awards and settlements. These medical malpractice lawsuits cover a variety of scenarios, such as surgical errors, misdiagnosis, anesthesia complications, and failure to treat medical conditions in a timely manner.

Some of the most prominent lawsuits have involved brain injuries, birth injuries, and catastrophic harm resulting from surgical malpractice. Here are a few specific instances of biggest medical malpractice lawsuits where the New York med mal attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP made large financial recoveries for the injured victims.

$15 MILLION JURY AWARD FOR BRAIN INJURY

Verdict: 15 Million Dollars
Surgical Malpractice
Case: Jose Vigo v. New York Hospital and Richard Fraser
Court: New York Supreme Court
Judge: Donna M. Mills
Attorneys: Daniel C. Minc, of Rosenberg, Minc, Falkoff & Wolff, LLP, for the plaintiff; George Van Setter, Martin, Clearwater & Bell, for the defense.

Facts:

Jose Vigo, a 49-year-old man with a history of epilepsy, underwent surgery to remove a benign temporal lobe tumor. During the procedure, Dr. Richard Fraser inadvertently obstructed the anterior choroidal artery, a critical artery near the temporal lobe. This error caused a stroke, leaving Mr. Vigo paralyzed on his left side and with significant visual impairment.

Mr. Vigo contended that Dr. Fraser negligently cauterized the artery instead of a minor branch, which led to the blockage and subsequent stroke. The defense argued that obstruction of the artery was an accepted risk of the procedure. However, the jury found that Dr. Fraser had deviated from the standard of care and that this outcome was not an unavoidable risk of the surgery.

$10.5 MILLION – INJURED INFANT BRAIN DAMAGE

Settlement: 10.5 Million Dollars

Facts:

An infant, just 54 days old, was admitted to a New York hospital with respiratory distress due to an RSV virus. While being treated, a traumatic insertion of an NG tube led to a cascade of medical errors, including a misdiagnosis of bronchospasm. As a result, the infant suffered a tension pneumothorax, where air builds up in the chest and prevents the heart from functioning properly.

Despite clear signs of the condition, medical staff repeatedly attempted to intubate the infant, which only worsened the situation. After more than 30 minutes of cardiac arrest, a surgeon finally recognized the true cause of the problem and performed a simple procedure to release the pressure in the chest. Unfortunately, by this time, the infant had suffered catastrophic and irreversible brain damage. The family received a $10.5 million settlement due to the hospital’s failure to properly diagnose and treat the condition in a timely manner.

$9 MILLION – BRAIN INJURED BABY SETTLEMENT

Settlement: 9 Million Dollars

Facts:

A routine biopsy procedure for a baby turned into a tragic case of medical malpractice. While in recovery, the child was not carefully monitored, and a failure to stop internal bleeding resulted in a significant loss of blood and oxygen flow to the brain. The resulting brain injury left the baby permanently disabled. Initially, the hospital offered a settlement of $1 million, but after persistent efforts by Daniel Minc of Rosenberg, Minc, Falkoff & Wolff, LLP, the family secured a $9 million settlement.

This case exemplifies how a simple oversight—such as failing to monitor a patient post-operatively—can result in devastating outcomes. It also highlights the importance of expert legal representation in achieving fair compensation for victims.

$7.75 MILLION SETTLEMENT – INJURY TO A CHILD

Settlement: 7.75 Million Dollars

Facts:

A 5-year-old patient was undergoing a minor biopsy procedure at a New York City hospital. Due to the hospital's failure to properly monitor the patient and address post-operative bleeding, the child suffered severe neurological damage. The hospital’s negligence in observing and addressing a simple complication—bleeding from the biopsy site—led to permanent disability.

The legal team at Rosenberg, Minc, Falkoff & Wolff, LLP, led by Daniel Minc, secured a $7.75 million settlement for the child’s family. This case stands as a reminder of the potentially life-altering consequences of medical errors, even in routine procedures.

$5 MILLION – AWARDED IN EYE SURGERY MALPRACTICE

Award: 5 Million Dollars

Facts:

A 73-year-old man underwent retinal surgery at a hospital in New York County. Due to unsterile conditions during the surgery, the patient developed a severe infection that resulted in the loss of vision in one eye. Tragically, the patient had already lost vision in his other eye due to an unrelated condition, leaving him completely blind.

The case went to trial, and the jury awarded the plaintiff $5 million for the negligence involved in his care. The hospital settled separately, with the surgeon responsible, Dr. Raymond Castroviejo, paying an additional $600,000. This case illustrates how critical proper hygiene and surgical protocols are in preventing devastating outcomes for patients.

Why Medical Malpractice Cases Matter in New York

New York has a reputation for large medical malpractice verdicts and settlements due to the high standard of care expected from healthcare professionals and the complex nature of many medical cases. Based on this, these cases do more than just provide financial compensation—they serve to hold medical institutions accountable for the safety and care of their patients.

In many instances, the legal outcomes of these cases lead to changes in hospital policies and procedures, improving overall patient care and safety standards. For the victims and their families, winning these cases provides not only monetary relief but also a sense of justice and closure.

Hospitals and Insurance Companies Rarely Pay Without Pressure

“New York Hospitals and their Insurance Companies Will Only Pay You When They are Afraid a Jury Will Make Them Pay Even More” — NYC Surgical Malpractice Attorney Daniel C. Minc at Rosenberg, Minc, Falkoff & Wolff, LLP

One of the most critical truths about medical malpractice cases in New York is that hospitals and their insurance companies rarely pay out large settlements without immense pressure. These entities typically offer fair compensation only when they fear that a jury might hand down an even larger verdict. This reality is particularly stark in cases involving severe surgical errors, such as brain injuries, birth injuries, or catastrophic damage caused by negligence.

Defendants Will Protect Their Bottom Line

Daniel C. Minc, an experienced medical malpractice attorney at Rosenberg, Minc, Falkoff & Wolff, LLP, explains that hospitals and insurers are primarily focused on protecting their bottom line. They may drag out the legal process, employ complex defenses, and attempt to minimize their financial liability. Stemming from this, once they realize a jury could potentially award a substantial sum, they often become more inclined to settle the case out of court.

The Influence of Strong Evidence on Settlement Offers

New York City’s hospitals are backed by well-funded insurance companies that have a vested interest in fighting claims. But when faced with strong evidence of malpractice and the possibility of exposure to a large jury award, these insurers often reassess their strategies. They understand that, in a court trial, juries can be sympathetic to the suffering of victims and may award compensation far exceeding their initial settlement offers.

Why Having a Trial-Ready Attorney Matters

The fear of a potential jury verdict underscores the importance of having an experienced New York trial attorney like Daniel C. Minc on your side. Minc and his firm have a proven track record of taking complex cases to trial and securing multi-million dollar verdicts. Their readiness to take cases all the way to trial, combined with a reputation for courtroom success, forces hospitals and insurance companies to take them seriously. When they know a seasoned attorney is prepared to present compelling evidence—including expert testimony and meticulous case preparation—they become more motivated to negotiate and offer a fair settlement.

The Power Shift Caused by Jury Trials

At the core of this dynamic is the power balance between the victim and the defendant. Hospitals and insurance companies may seem all-powerful initially, but the threat of a jury trial shifts the scales. Juries, composed of everyday people, tend to understand the real-world impact of medical negligence and can see through the defense tactics aimed at minimizing the harm suffered by patients. With a strong case, the potential for a large jury award looms over the defense, making settlement a more attractive option.

The Importance of Aggressive Legal Representation

For victims of surgical errors, securing a competent and aggressive attorney is crucial. Without someone who knows how to leverage the fear of a jury verdict, plaintiffs may be left with inadequate settlement offers that do not cover the full extent of their suffering or future medical needs. Daniel C. Minc and the team at Rosenberg, Minc, Falkoff & Wolff, LLP, have repeatedly demonstrated that they can pressure hospitals and insurers into fair settlements by preparing each case as if it will go to trial.

When Settlement Isn't an Option: Going to Court

In cases where settlement is not possible or acceptable, Minc and his team will not hesitate to proceed to court. Their litigation expertise, combined with the fear of a massive jury award, often results in more favorable outcomes for their clients. This strategy not only ensures that victims get the compensation they deserve, but it also holds medical institutions accountable for their mistakes, fostering higher standards of care across the healthcare industry.

The Necessity of a Trial-Ready Attorney

The takeaway is clear: New York hospitals and their insurance companies will fight aggressively to avoid paying out large sums, but when faced with a skilled legal team prepared to take the case before a jury, they often back down and settle. This approach has led to millions of dollars in recoveries for victims represented by Rosenberg, Minc, Falkoff & Wolff, LLP. For anyone seeking justice after a surgical malpractice incident, having a trial-ready attorney is not just an option—it is a necessity.

Our Leading NYC Medical Malpractice Attorneys Will Fight to Maximize Your Compensation

If you or a loved one has suffered injuries or complications due to surgical negligence, it is time to take legal action. At Rosenberg, Minc, Falkoff & Wolff, LLP, we have a proven track record of success, having won over $1 billion in settlements and verdicts for injured New Yorkers. With a success rate exceeding 95%, you can trust that our dedicated team of New York City surgical malpractice lawyers will fight tooth and nail to recover the largest possible compensation for you. To schedule your free consultation, call us at 212-344-1000 or contact us online.