Medical Malpractice

Doctors, nurses, hospitals and clinics, are the people and the places we entrust with handling our most important issues.
The majority of the time, the work they do is remarkable; but, when medical providers make careless mistakes, the results are frequently catastrophic.Too often, preventable medical errors are the cause of serious injuries, wrongful deaths and tremendous pain and suffering. On the other hand, not every bad outcome merits a lawsuit. The experienced medical malpractice attorneys at DeGraff, Foy & Kunz, LLP know the difference.

To prevail in a medical malpractice action, it must be established that: (1) the healthcare provider deviated from good and accepted standards of medical care, and (2) that deviation caused the patient to suffer injury. Expert testimony is required to prove these elements, and before a lawsuit can be filed on behalf of a victim, the case must first be reviewed by a specialist in the defendant's field, who must be of the opinion that malpractice occurred.

Even with significant injuries, clear-cut evidence against a doctor, nurse or facility, and likable clients, success in a malpractice action in upstate New York can be an uphill battle. That's why we screen our cases very carefully. Aside from 3 experienced malpractice attorneys, we also have a retired ICU nurse on staff, who serves as our medical paralegal and assists in the review of cases. However, once we have decided to pursue a malpractice claim, we aggressively push the case forward, and don't stop fighting until we've either obtained a fair settlement for our clients, or the jury has rendered its verdict.David F. Kunz and George J. Szary are this firm's medical malpractice attorneys.

We represent clients in a wide range of medical malpractice matters such as:

• Failure to diagnose/misdiagnosis of heart attack, stroke, pulmonary embolism, breast cancer, lung cancer, colon cancer and other cancers
• Surgical errors, including those involving an incorrect procedure or surgical site, anesthesia errors, perforation of organs and instruments left behind
• Birth injuries, including brain injuries, cerebral palsy, shoulder dystocia and brachial plexus injuries