Best Medical Malpractice Lawyers in New York
Sean Olson
Medical Malpractice Lawyer
Sean Olson is much more than just a personal injury lawyer. Sean is an advocate who helps those who are injured navigate our complex legal system. And he is a voice for those who are injured and cannot speak for themselves.
Sean’s desire to help others started long before law school with his childhood soccer coach, who gave Sean three simple rules to find success in life: 1) Build others up. 2) Build others up. 3) Build others up.
Sean is now an active member of the Colorado and Wyoming legal communities. His practice is devoted to clients injured as a result of the negligence of others. Sean’s passion has become helping those clients put their lives back together after suffering catastrophic injuries. The privilege of telling his clients’ stories in courtrooms throughout the country is the gasoline that keeps Olson Law Firm, LLC going every day.
In his book, Results Matter, Sean kept you in mind as he wrote every page to guide you should your journey become a personal injury lawsuit. That’s the same approach he takes working with clients every day – easing worries and simplifying life, and building others up.
More Than a Lawyer
Sean, his wife, and their two fantastic kids (along with a menagerie of four-legged family members) make their home in the foothills of Colorado. When he’s not helping clients, Sean is usually found mountain biking, fly fishing, or helping his children find journeys of their own. To this day, he instills in his children the lesson that brought him here – build others up.
Kyle Bachus
Medical Malpractice Lawyer
Kyle has also been recognized as an AV-rated attorney and “pre-eminent lawyer”, the highest rating assigned to individual attorneys by Martindale Hubbell, the nation’s oldest and most prestigious attorney rating service. Its ratings are assigned according to peer review and attest to a lawyer’s legal ability and professional ethics. According to Martindale Hubbell, an AV peer review rating is a certification that marks a significant accomplishment given by a lawyer’s peers ranking him or her at the highest level of professional excellence.
As a junior in high school, Kyle attended a Florida state legislation day for Florida high school students. As part of the day’s activities, he was selected to argue a predetermined topic in front of a panel of licensed lawyers sitting on a mock supreme court. He was provided with appropriate documentation, and tasked with researching and preparing his argument. Selected as one of the best presenters of the day statewide, he was both surprised and inspired.
Once he decided on a career in law, there was no stopping him. The determination his opponents see in the courtroom today was nurtured in college, where he dedicated himself to excelling. Once he graduated with his Juris Doctor degree from the University of Florida College of Law, he began work the Monday after graduation in a plaintiff’s personal injury law firm, a natural fit for a man who had always identified with the underdog.
Kyle moved to Colorado in 1994 and joined a Denver personal injury law firm. Two years later, Kyle and fellow lawyer Darin Schanker opened Bachus & Schanker, LLC with little more than a tiny, rented office and a lot of determination. Starting with less than $15,000, their business has grown into one of the largest, most well respected personal injury firms in the region. The partners are committed to understanding the circumstances confronting their clients, and ensuring that responsible parties are held accountable for damages they have caused.
Anthony J. Viorst
Medical Malpractice Lawyer
Anthony Viorst graduated Phi Beta Kappa from George Washington University and went on to receive his juris doctorate from Georgetown University in 1987, where he also served as editor for the Georgetown Law Journal. He has written numerous scholarly legal articles, on a variety of subjects, including medical malpractice, legal malpractice, and appellate law. Mr. Viorst has been named a Colorado Superlawyer every year for the past 15 years.
Mr. Viorst spent 10 years in the Colorado Public Defenders Office, where he tried over 100 cases, from DUI to murder. Since 2000, Mr. Viorst has also been practicing in the fields of personal injury, medical malpractice, legal malpractice, police brutality, and civil/criminal appeals.
Mr. Viorst’s medical malpractice case, Preston v. Dupont, 35 P.3d 433 (Colo. 2001), was named the case of the year by the Colorado Trial Lawyers Association. More recently, Mr. Viorst wrote a comprehensive summary of Colorado legal-malpractice law for the Colorado Bar Association’s Colorado Lawyer publication.
Mr. Viorst is licensed to practice in the Colorado state and federal courts, as well as the U.S. Supreme Court. He has the highest rating from his peers as independently reported to Martindale Hubbell.
Education
- Georgetown University Law Center, Washington, District of Columbia
- Juris Doctorate – 1987
- George Washington University
- B.A. – 1984
- Honors: Phi Beta Kappa
Bar Admission
- Maryland, 1988
- Colorado, 1989
- District of Columbia, 1990
- U.S. Court of Appeals 10th Circuit, 2003
- U.S. Supreme Court, 2004
Jim Chalat
Medical Malpractice Lawyer
Since 1977, Jim Chalat has been a practicing trial lawyer specializing in plaintiffs’ personal injury, motor vehicle accidents, and wrongful death cases. Jim’s dedication to improving the lives of his clients and his focus on achieving the best outcome for the clients he represents is reflected in his recognition as one of the best personal injury lawyers in Colorado and the United States.
Jim Chalat holds a national ranking by Best Lawyers in America which lists him in the fields of malpractice and plaintiffs’ personal injury. Twice, Best Lawyers has named Jim as “Lawyer of the Year.” Statewide, Colorado Law Week has named Jim as the “Barristers’ Best Plaintiffs’ Personal Injury.” Since 2013, and in each subsequent annual poll, 5280 The Denver Magazine names Jim as a top lawyer in Denver in the field of Plaintiffs’ Personal injury.
But those aren’t the rankings of which Jim is most proud. More importantly to him, his firm is consistently named by the Legal Aid Foundation of Colorado as a “Leadership Law Firm.” Moreover, under Jim’s transformative leadership, the firm has earned a ranking with U.S. News & World Report – Best Lawyers in America as a “Tier 1” ranked law firm in Plaintiffs’ Personal Injury Litigation. And, most importantly to Jim, he has been named by Colorado Law Week as the “People’s Choice” in Plaintiffs’ Personal Injury. The “People’s Choice” recognition resonates because Jim represents people, not corporations, and not insurance companies; he represents individuals and their family members.
Thomas J. Tomazin
Medical Malpractice Lawyer
Areas Of Practice
- Personal Injury
- Motor Vehicle Accidents
- Medical and Dental Malpractice
Bar Admissions
- Colorado, 1974
- U.S. District Court District of Colorado, 1974
Education
- University of Denver College of Law, Denver, Colorado
- Juris Doctorate – 1973
- University of Colorado, Boulder
- B.S., Bachelor of Science, School of Business – 1970
- Major: Finance
- Major: Real Estate
Representative Cases
- Shepard v. Wilhelm, 41 Colo. App. 403, 591 P.2d 1039 (Colo. App. 1978), 1978
- Newell v. Engle, 899 P.2d 245 (Colo. 1992), 1992
- Daugherty v. Allstate, Ins. Co., 55 P.3d 224 (Colo. App. 2002), 2002
- Koh v. Kumar, 207 P.3d 900 (Colo. App. 2009), 2009
- Smith v. Jeppsen, 227 P.3d 224,CO 32 (2012), 2012
Honors And Awards
- The Martin P. Miller Lifetime Achievement Award, Arapahoe County Bar Association, 2019
- Colorado Trial Lawyers Association Lifetime Achievement Award, 2016, Kenneth Norman Kripke Lifetime Achievement Award, Colorado Trial Lawyers Association, 2016
Professional Associations And Memberships
- American Board of Trial Advocates, 2019
- Colorado Bar Association, Board of Governors, 2010 – 2011
- Arapahoe County Bar Association, Board of Director, 1995 – 2013
- Arapahoe County Bar Association, Secretary, 2007 – 2008
- Arapahoe County Bar Association, Treasurer, 2008 – 2009
- Arapahoe County Bar Association, President Elect, 2009 – 2010
- American Association for Justice, 1977 – Present
- Arapahoe County Bar Association, President, 2010 – 2011
- Colorado Trial Lawyers Association, Board of Director, 2004 – Present
- Arapahoe County Bar Association, Chairperson Speakers Bureau, 1995 – Present
- Arapahoe Bar Association, 1977 – Present
- Colorado Bar Association, 1977 – Present
- Colorado Trial Lawyers Association, 1977 – Present
Kevin S. Mahoney
Medical Malpractice Lawyer
Kevin Mahoney attended college at Duke University where he was a four-year letterman on the varsity lacrosse team. He was chosen to the Atlantic Coast Conference Honor Roll during each of his four years of college. In 1991 he graduated cum laude from Duke with a double major in history and political science. He then attended Duke University School of Law, which is one of the top ten law schools in the country. He was a member of the law review at Duke and received the Note of the Year Award during his second year of law school. In 1995, Kevin graduated with honors from Duke Law School and joined the Mahoney Law Firm that same year. He is admitted to practice in the Colorado and Wyoming state courts, the United States District Court for the District of Colorado, the United States District Court for the District of Wyoming, and the United States Court of Appeals for the Tenth Circuit. He is a member of the American Association for Justice, the Colorado Trial Lawyers’ Association, and the Wyoming Trial Lawyers’ Association.
Kevin enjoys spending time with his wife and 4 young children. His hobbies include skiing and coaching youth lacrosse.
***Selected as a Super Lawyers® for 15 consecutive years (2009-2023). Kevin was selected to Super Lawyers in the Plaintiff Medical Malpractice category in 2009, 2010, 2011, 2012, 2013 and 2014. He was chosen to Super Lawyers in the Class Action/Mass Torts category in 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, and 2023.
In 2015, 2016, 2020, 2021, 2022 and 2023 Kevin was chosen by 5280 Magazine as one of only 12 attorneys in the state of Colorado as a Top Lawyer in the field of plaintiffs’ medical malpractice. Less than 3% of the attorneys in the state were chosen as Top Lawyers.
He is a member of the Multi-Million Dollar Advocates Forum, which is limited to attorneys who, while acting as lead counsel, have achieved awards or settlements in excess of $2,000,000 for an individual client.
In October 2018, he was selected among America’s Top 100 High Stakes Litigators. Selection to America’s Top 100 High Stakes Litigators® is by invitation only and is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters.
To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state.
Only the top 100 qualifying attorneys in each state will receive this honor and be selected for membership among America’s Top 100 High Stakes Litigators®. With these extremely high standards for selection to America’s Top 100 High Stakes Litigators®, less than one-half percent (0.5%) of active attorneys in the United States will receive this honor – truly the most exclusive and elite level of attorneys in the community.
Robert Wilhite
Medical Malpractice Lawyer
A Texas native, Rob founded The Wilhite Law Firm with the mission of bringing justice to those whose lives have been forever changed in terrible accidents.
Throughout his career, he has worked to hold negligent people, corporations, and insurance companies accountable when innocent people are harmed.
Rob is a seasoned litigator who has extensive experience in cases involving wrongful death, automobile and trucking accidents, insurance bad faith, premises liability, and defective products. He has handled cases all around the country in numerous jurisdictions for his clients. He has tried many cases in state and federal courts and has earned the distinction of being named a Rising Star by Super Lawyers magazine since 2012.
Rob attended Highland Park High School and participated in football, baseball, and lacrosse. He knew as a teenager that he wanted to become a lawyer. After graduating in 1996, he enrolled at the University of Colorado at Boulder and became active in outdoor sports while pursuing his degree. He took up backpacking and hiking, and he and his brother Nathan spent summers together on various trips trekking through Greenland and Pakistan!
After receiving his B.A. in political science in 2000, he moved to Alabama, where he worked at an outdoors clothing and equipment store, teaching kids to rock climb and traveling around the South to climb and hike. He earned his J.D. from the University of Tulsa School of Law and eventually made the move back to Colorado to join The Wilhite Law Firm in 2005. Rob is proud to serve as the Managing Partner and is excited to expand the firm to the Lone Star State to open The Wilhite Law Firm!
Outside his law practice, Rob continues to stay active and enjoy the great outdoors. His participation in triathlon events began in 2010, when he completed the Boise 70.3 Ironman competition, and he has not let up. Rob has competed in over 25 full-distance Ironman competitions since then, including in Hawaii, Norway, Africa, New Zealand, Switzerland, and the United Kingdom. However, when he is not training, he is chasing his young daughter and dog all around the house!
Understanding Medical Malpractice Law
Introduction
Medical malpractice law encompasses a complex set of legal principles that govern the responsibilities and liabilities of healthcare providers in the event of substandard or negligent care. This article aims to provide an overview of medical malpractice law, including its key components and how it impacts healthcare professionals and patients.
Definition and Scope
Definition of Medical Malpractice
Medical malpractice refers to situations where a healthcare professional’s conduct deviates from the accepted standards of practice in the medical community, resulting in harm or injury to a patient. This deviation may occur due to negligence, omission, or an error in diagnosis, treatment, or aftercare.
Scope of Medical Malpractice
Medical malpractice cases can involve a wide range of healthcare providers, including doctors, nurses, surgeons, pharmacists, and other licensed medical professionals. It can encompass various areas of healthcare, such as diagnosis errors, surgical mistakes, medication errors, birth injuries, and more.
Elements of Medical Malpractice
To establish a medical malpractice claim, certain elements must be proven:
Duty of Care
The healthcare provider owed the patient a duty of care, which means they had a responsibility to provide treatment in a manner consistent with accepted medical standards.
Breach of Duty
The provider breached the duty of care by failing to meet the applicable standard of care, as determined by expert testimony or established medical guidelines.
Causation
There must be a direct link between the healthcare provider’s breach of duty and the patient’s injury. The breach must be a substantial factor in causing the harm.
Damages
The patient must have suffered actual harm or damages as a result of the provider’s negligence. This can include medical expenses, lost wages, pain and suffering, and other related costs.
Legal Procedures and Timelines
Filing a Lawsuit
Patients seeking to pursue a medical malpractice claim typically initiate a lawsuit against the healthcare provider. This involves drafting a complaint outlining the allegations and the damages sought.
Statute of Limitations
Each jurisdiction imposes a statute of limitations, which sets a specific timeframe within which a medical malpractice lawsuit must be filed. Failing to meet this deadline can result in the claim being dismissed.
Defenses in Medical Malpractice Cases
Healthcare providers have several potential defenses against medical malpractice claims, including:
Lack of Negligence
Providers may argue that they adhered to the appropriate standard of care and did not breach their duty to the patient.
Contributory Negligence
This defense asserts that the patient’s actions or non-compliance contributed to their own injuries.
Assumption of Risk
Providers may argue that the patient was aware of the risks associated with a particular procedure or treatment and willingly accepted those risks.
Governmental Oversight and Regulation
State Medical Boards
State medical boards play a crucial role in overseeing the conduct of healthcare professionals. They issue licenses, investigate complaints, and may impose disciplinary actions for violations of professional standards.
Federal Agencies
Federal agencies, such as the Centers for Medicare & Medicaid Services (CMS) and the Food and Drug Administration (FDA), regulate aspects of healthcare delivery, reimbursement, and medication safety.
Conclusion
Medical malpractice law serves as a vital framework for ensuring accountability within the healthcare industry. Understanding its elements and procedures is crucial for both healthcare providers and patients seeking recourse in cases of substandard care. By upholding standards of practice and providing avenues for legal redress, medical malpractice law plays a crucial role in maintaining the quality and integrity of healthcare services.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you require legal assistance, please consult a qualified attorney.