OPTOMETRIST PREVAILS IN DEFENSE OF CLAIM INVOLVING FAILURE TO TIMELY DIAGNOSE A BRAIN MENINGIOMA LEADING TO LOSS OF VISION. Prior to trial, Spiegel Leffler obtained a dismissal on this action in which it was claimed that our client failed to timely diagnose a brain tumor leading to a complete loss of vision in one eye.
WILLIAM SPIEGEL OBTAINS DEFENSE VERDICT - Mr. Spiegel obtained a verdict exonerating the defendant dentist of all charges including falsification of records and a laundry list of alleged acts of negligence. The claims involved restorative work, informed consent, endodontics and allegations of significant permanent injuries. The jury returned a unanimous verdict for the defense.
WILLIAM SPIEGEL & MARC LEFFLER BOTH CHOSEN AS SUPER LAWYERS IN MEDICAL MALPRACTICE DEFENSE FOR 2015 - William and Marc have been chosen as a New York "Super Lawyers" by Super Lawyers Magazine for 2015. To achieve this honor, an attorney has to be nominated by his peers, and then go through a screening process by the magazine editorial board. Only 5% of practicing attorneys in New York achieve this designation.
CLAIMS AGAINST NURSING HOME LPN FOR LACK OF SUPERVISION AND FAILURE TO PREVENT THE DEVELOPMENT OF DECUBITUS ULCERS DISMISSED. In this nursing home negligence action, it was claimed that our client failed to properly supervise the nurses’ aides, thus leading to a fall and fractured hip. It was also claimed that the patient was not properly turned and positioned, thus leading the development of Stage IV decubitus ulcers. We successfully proved that our client was not negligent and secured his dismissal from the action.
MARC LEFFLER OBTAINS DEFENSE VERDICT - Mr. Leffler successfully defended this dental client who was charged with negligently causing severe and permanent injury to the patient's left lingual nerve during an extraction. After a bitterly contested trial, the jury agreed that the doctor acted appropriately and that the injury was not the result of any negligence on the part of the defendant, doctor.
SPIEGEL LEFFLER SUCCESSFULLY DEFENDS AN AUDIOLOGIST AGAINST CLAIMS OF NEGLIGENCE. Plaintiff’s counsel argued that in the taking of an ear mold impression and in the insertion of the new ear piece, the audiologist negligently caused extensive injuries to the patient. The plaintiff claimed perforation of the tympanic membrane and that complex surgery was required to remove material lodged in the patient’s inner ear. We were successful in getting the action against this client discontinued.
WILLIAM SPIEGEL CHOSEN AS SUPER LAWYER IN MEDICAL MALPRACTICE DEFENSE FOR 2014 - William has been chosen as a New York "Super Lawyer" by Super Lawyers Magazine for 2014. To achieve this honor, an attorney has to be nominated by his peers, and then go through a screening process by the magazine editorial board. Only 5% of practicing attorneys in New York achieve this designation. Mr. Spiegel was featured in the September issue of Super Lawyers Magazine, and in the October 7th issue of the Sunday New York Times Magazine.
WILLIAM SPIEGEL OBTAINS DEFENSE VERDICT FOR CLIENT - In this action, the plaintiff claimed the doctor failed to treat infections, left dental decay undiagnosed, and completely mishandled a full mouth rehabilitation. It is claimed that as a result, the patient suffered massive infections, loss of dental hardware, years of pain and suffering and the need to completely restore his mouth and teeth. The Brooklyn jury unanimously agreed with Mr. Spiegel that the doctor was not a fault in any respect.
SUIT AGAINST PHYSICAL THERAPIST CLIENT DISMISSED. Our client and his physical therapy facility were accused of negligently using burning ultrasound gel and in placing an overheated gel pack on the patient’s back, causing third degree burns. Claims included failing to meet industry standards, failing to properly monitor and reckless endangerment of the patient. The court dismissed this action on our motion.
WILLIAM SPIEGEL OBTAINS DEFENSE VERDICT IN SEVERED LINGUAL NERVE CASE - After a three week trial, Mr. Spiegel prevailed in this high exposure case involving a severed lingual nerve during a dental procedure. The jury agreed with the defense that this injury, though unfortunate, was not the result of malpractice on the part of the defendant doctor.
DEFENDANT'S VERDICT OBTAINED BY WILLIAM SPIEGEL - William Spiegel obtained a defense verdict from a unanimous jury on behalf of our client, an oral surgeon. The plaintiff claimed the doctor erroneously extracted a healthy tooth and also failed to address an infectious process in another tooth, leading to a massive systemic infection, loss of several teeth, and significant pain and suffering. The jury agreed with our defense in rendering their verdict.
WILLIAM SPIEGEL CHOSEN AS SUPER LAWYER IN MEDICAL MALPRACTICE DEFENSE FOR 2013 - William has been chosen as a New York "Super Lawyer" by Super Lawyers Magazine for 2013. To achieve this honor, an attorney has to be nominated by his peers, and then go through a screening process by the magazine editorial board. Only 5% of practicing attorneys in New York achieve this designation. Mr. Spiegel will be featured in the September issue of Super Lawyers Magazine, and in the October 7th issue of the Sunday New York Times Magazine.
MARC LEFFLER OBTAINS SUCCESSFUL VERDICT IN DENTAL MALPRATICE TRIAL - In this case, the defendant oral surgeon extracted a lower wisdom tooth, leading to the jaw being fractured and to an injury to the inferior alveolar nerve. He employed expert witnesses to assist his arguments – which ranged from informed consent to known risks of surgery - before the court and jury, and obtained a successful result for his client.
DIRECTED VERDICT OF DENTAL MALPRACTICE INVISALIGN CASE DURING TRIAL - William Spiegel obtained a dismissal of this action during trial. The case involved allegations of improperly treatment planning for and installing Invisalign. The patient contended that the promised results were never achieved and that negligent placement of the Invisalign aligners over many months led to severe bone loss and ultimately the loss of several teeth. The case was dismissed at trial.
DEFENDANT'S VERDICT IN FULL MOUTH RESTORATION CASE - William Spiegel obtained another defense verdict on behalf of a general dentist before a Brooklyn jury. The patient alleged that the dentist negligently proceeded with a full mouth restoration of crown and bridge work without first addressing her severe underlying periodontal disease. The defense argued that the patient's poor oral hygiene was the key causative factor leading to the failure of the defendant's work and the jury sided with the defense.
DEFENDANT'S VERDICT ON BEHALF OF CORPORATE DEFENDANT IN DENTAL MALPRACTICE CASE - John Katz obtained a defense verdict on behalf of dental office in Brooklyn. It was alleged that the P.C. was vicariously liable for the acts of employees of the practice and that the employees were negligent by extracting numerous teeth without sufficient cause and without properly obtaining the patient's consent. The jury found in favor of practice.
DEFENDANT'S VERDICT FROM BROOKLYN JURY IN TMD CASE - William Spiegel obtained a defense verdict from a Kings County jury in this matter alleging extensive temporomandibular dysfunction and TMJ injuries from an extraction. The defendant dentist extracted an impacted third molar with no informed consent and without documenting a referral to an oral surgeon.The patient argued that the extraction took 2 hours, was not completed, that excessive force was used and as a result, he suffered severe bilateral TMJ injuries. The plaintiff did undergo several surgical procedures, so the potential for a high damages award existed. In the end, the jury sided with the doctor despite the fact that he had no written consent and performed an extraction that he typically would refer to an oral surgeon.
MARC LEFFLER SECURES VICTORY IN MEDICAL MALPRATICE TRIAL - This medical malpractice action involved the development of urinary incontinence following a D&C procedure. The complication was unexpected by both the patient and the doctor. Experts for the patient and doctor claimed on one side that the injury could only result from negligent use of the instruments, and on the other that this complication was so rare and unexpected that it could not have been foreseen nor protected against. The jury deliberated over the course of 3 days and rendered a positive verdict.
PARTNERS NAMED IN TOP 1% OF TRIAL LAWYERS IN MEDICAL MALPRACTICE DEFENSE - William Spiegel and Marc Leffler have been named in the top 1% of trial lawyers in the state of New York for 2012. This selection is based solely upon actual results on trial.
DEFENDANT'S VERDICT FOR RESTORATIVE DENTIST - William Spiegel achieved a defense verdict in this full mouth restoration case involving restoring every tooth in the patient's mouth. The client restored the entire dentition of the plaintiff. The plaintiff argued that most of the crowns had open margins, were ill fitting and that 100% of the work had to be replaced. There were also claims of failure to diagnose and treat periodontal disease. There were multiple damaging notes from subsequent treating dentists and the patient did indeed have the entire full mouth restoration redone at great expense. After only 30 minutes of deliberations, the jury returned a verdict in favor of the defendant.
SUMMARY JUDGMENT GRANTED AND CASE DISMISSED in this matter sounding in Lack of Informed Consent. The court found that there was no dispute that before the procedure plaintiff signed a Consent for Dental and Oral Surgery. We established that the procedure had been explained; that the patient understood what was to be done; and that the more common complications were thoroughly explained.
DIRECTED VERDICT FOR THE DEFENSE IN TRIAL INVOLVING PERMANENT NERVE INJURY - William Spiegel obtained a directed verdict during trial, at the close of plaintiff's case in chief. This case involving a lingual and inferior alveolar nerve injury from the extraction of a molar was tried before a Queens County jury. There were significant, well documented, permanent injuries in this case. The signed informed consent listing nerve injury as a risk was lost by the client. Plaintiff's expert was the Chief of Oral and Maxillofacial Surgery at a well known Metropolitan area hospital. After a damaging cross examination of this expert witness, Mr. Spiegel moved for a directed verdict based upon various deficiencies and inconsistencies in the testimony of this expert. The trial judge granted the motion and directed a verdict in favor of the defendant at the close of plaintiff's case.
SUMMARY JUDGMENT IN FAVOR OF DEFENDANT - Robyn Goldfarb successfully argued for dismissal of this action against an oral surgeon. In dismissing all claims against our client, the Judge's decision highlighted the extremely thorough papers prepared by Robyn that plaintiff's counsel was unable to overcome.
SUMMARY JUDGMENT IN FAVOR OF DEFENDANT - Elisa Karnis obtained a dismissal of a case against a dentist accused of causing the plaintiff to suffer a stroke during a dental procedure. This was a particularly important victory because of the potential for a seven figure damages award if the case made it to a jury trial.
ANOTHER WIN ON TRIAL - Marc Leffler tried this case in which a general dentist, in treating lower molar dental decay with fillings, gave a mandibular block local anesthetic injection, and the patient claimed to have sustained paresthesia to all branches of her trigeminal nerve. The case went before a jury, which rendered a verdict in favor of Marc’s client.
SUMMARY JUDGMENT IN FAVOR OF DEFENDANT - Robyn Goldfarb was again successful in obtaining dismissal of all claims against a dental practice. The court dismissed all claims for punitive damages and then dismissed the case in it's entirely against dental practice based upon Robyn's argument that the practice was not vicariously liable for the actions of the treating dentist
SUMMARY JUDGMENT IN FAVOR OF DEFENDANT - Robyn Goldfarb successfully argued for dismissal of this action against a medical defendant. All claims against our client were dismissed based upon Robyn's excellent papers.
DEFENDANT'S VERDICT FOR DENTIST IN CASE INVOLVING PERMANENT NERVE INJURY - William Spiegel tried this case to a unanimous defense verdict against a seasoned and very well respected plaintiff's attorney. The plaintiff had a well documented moderate to severe paresthesia of the inferior alveolar nerve and dysesthesia of the lingual nerve following injections and multiple root canals on the lower right. The plaintiff argued that the injections were negligently administered causing injury to the lingual nerve and that the gutta-percha was extended past the apices of the roots causing injury to the inferior alveolar nerve. There was also a claim that this triggered trigeminal neuralgia. Despite the well documented permanent injuries, Mr. Spiegel convinced the jury that there was no evidence of malpractice.
APPELLATE VICTORY - William Spiegel successfully argued before the Second Department Appellate Division resulting in a decision reversing the denial of summary judgment by the trial court. Mr. Spiegel argued that the lower court erred in denying the defendant's motion for summary judgment and the Appellate Court agreed. The underlying decision was reversed and the action was dismissed in its entirety.
SUMMARY JUDGMENT IN FAVOR OF DEFENDANT - Elisa Karnis won summary judgment for a client accused of causing severe Bell's Palsy in connection with a root canal.
DEFENDANT'S VERDICT FOR PHYSICIAN AND HOSPITAL IN DEATH CASE - William Spiegel obtained a defense verdict on behalf of a physician in this high exposure case involving infection and toxic shock. This case involved claims of failure to properly treat with antibiotics and failure to follow up with the patient after removal of a cyst. There were also claims against a major New York City Hospital for failing to properly diagnose and treat the ensuing toxic shock that developed and led to the death of this woman. Mr. Spiegel was charged with the defense of the treating physician and the defendant, hospital. The deceased was a working woman who left behind a husband and a daughter under the age of 18; thus this case carried with it the potential for very high monetary exposure. After a complex four week trial Mr. Spiegel obtained a defense verdict for his clients.
DEFENDANT'S VERDICT FOR ORAL SURGEON IN DENTAL IMPLANT CASE - William Spiegel obtained a defense verdict for his client in this case involving claims of improper implant placement into the mandible resulting in permanent injury to the inferior alveolar nerve. There were also claims of negligent placement of blade and subperiosteal implants leading to massive infection and bone loss. After a two week trial, the jury rendered a defense verdict with respect to Mr. Spiegel's client.
DEFENSE VERDICT FOR PHYSICIAN IN RUPTURED APPENDIX CASE - William Spiegel obtained a defense verdict on behalf of a physician and hospital in this action involving a ruptured appendix and peritonitis. There were claims that the hospital staff failed to diagnose and treat the patient's complaints that were clearly indicative of a ruptured appendix. After being sent away from the E.R. on several different visits, the appendix ruptured and massive infection ensued. The patient suffered serious complications and multiple lengthy hospital stays. Despite the difficulties defending the care, the extensive damages and the sympathetic nature of the case, Mr. Spiegel obtained a unanimous verdict for the defendants.
DEFENSE VERDICT FOR NURSING HOME IN CASE INVOLVING STAGE IV DECUBITUS ULCER - William Spiegel obtained a defense verdict for nursing home accused of patient neglect. The patient developed a stage IV decubitus ulcer and ultimately died from infection that was allegedly connected with the ulcer. The jury rendered a verdict in favor of the nursing home.
OTHER VERDICTS - In addition to the results noted above, the partners and attorneys of Spiegel Leffler PLLC have obtained defense verdicts in other cases involving medical malpractice, dental malpractice, chiropractic malpractice, nursing home negligence and other general liability cases.