Why Choosing the Right Medical Malpractice Lawyer Matters
In Bensonhurst, a retired tailor goes under anesthesia for a right knee replacement and wakes to find the bandage on his left knee. In Midwood, a woman spends four months after a routine abdominal operation with a fever that comes and goes and a pain her surgeon calls normal healing, until a CT scan shows a surgical sponge still inside her. In Greenpoint, a man picks up a refill of his blood thinner and, without knowing it, starts taking a dose several times stronger than his cardiologist ordered. These are not gray-area judgment calls, and the families who live through them often begin looking for medical malpractice lawyers in Brooklyn within days.
Hospitals track these failures closely. The Joint Commission, the national body that accredits most American hospitals, reports in its Sentinel Event Data 2024 Annual Review that 127 of the 1,575 sentinel events reported to it during 2024 involved wrong surgery and 119 involved the unintended retention of a foreign object, roughly 8% of the total for each. Because reporting to The Joint Commission is voluntary, those numbers reflect only what facilities chose to submit.
Even when a mistake looks obvious, the response from the other side rarely is. The hospital’s insurer and the surgeon’s own carrier may each hire counsel, and their defenses tend to overlap: the outcome was a known risk, the patient signed a consent form, the problem started at the pharmacy, or an underlying condition caused the harm. When several providers touched the same chart, each one may point to another.
The right attorney can make the difference between:
- Assuming a signed consent form ends the discussion and learning what New York actually requires a doctor to explain
- Letting a surgical team call a retained sponge a complication and holding the hospital to the counts its own staff recorded
- Chasing a surgeon, a hospital, and a pharmacy one at a time and having a single team sort out who was responsible for each step
- Missing a one-year deadline that starts when a foreign object is found and filing well before it runs
- Accepting the cost of a corrective operation and recovering for the full harm, including future care
New York gives these cases a framework of their own. Courts may allow a jury to infer negligence under res ipsa loquitur when a surgical item is left behind, a separate one-year clock governs foreign objects, informed consent claims follow Public Health Law §2805-d, and claims against public hospitals require a notice of claim within 90 days. Our June rankings weigh how each firm is positioned to work within those rules.
June 2026 Rankings
| Rank | Law Firm | Lead Attorney | Client Satisfaction | Notable Settlements | Years Experience | Specialization Focus |
|---|---|---|---|---|---|---|
| 1 | Kucher Law Group | Samantha Kucher, Esq. | 99% | $575,000 Medical Malpractice vs Major Hospital | 15+ | Medical Malpractice & Personal Injury |
| 2 | Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf | Ben B. Rubinowitz, Esq. | 97% | $91,000,000 Verdict (Birth Injury) | Not Stated | Medical Malpractice & Personal Injury |
| 3 | Finz & Finz, P.C. | Stuart L. Finz, Esq. | 95% | $9,750,000 Medical Malpractice Settlement | 40+ | Medical Malpractice & Personal Injury |
| 4 | Rosenbaum Meier Personal Injury Lawyers | Firm Attorneys | 94% | $7,000,000 Medical Malpractice Result | 40+ | Medical Malpractice & Personal Injury |
| 5 | Law Offices of Jay S. Knispel | Jay S. Knispel, Esq. | 93% | Tens of Millions Recovered | 25+ | Personal Injury & Medical Malpractice |
#1 Kucher Law Group
Why They’re #1: Kucher Law Group recovered $575,000 in a medical malpractice case against a major hospital, an institution with its own defense lawyers and its own retained physicians. That result anchors the firm’s Brooklyn surgical error and medication error representation, which covers anesthesia errors, wrong surgeries, prescribing mistakes, and procedures performed without informed consent, all on a contingency fee with nothing owed up front.
Firm Overview
Formed as RRK Kucher Law Group PLLC on December 10, 2019, the firm now has a staff of 10 to 19. By its own count it has recovered more than $50 million for clients, including more than $20 million through settlements, with a 99% success rate. Clients can meet attorneys at 463 Pulaski Street in Brooklyn or 26 Broadway in Manhattan, call at any hour, and work in English, Russian, or Spanish, the latter two with Samantha Kucher.
Notable Case Results
- $575,000 : Medical malpractice claim brought against a major hospital
- $1,250,000 : Erb’s palsy case for an infant, settled before trial
- $3,500,000 : Trip and fall on subway stairs, settled at trial
- $1,400,000 : Construction site fall down a flight of stairs
- $650,000 : Fall down building stairs that left the client with a broken ankle
Legal Team Excellence
Surgical and medication claims often turn on a conversation: what the patient was told before the procedure, what the chart says was discussed, and whether the patient truly understood it. Samantha Kucher leads the firm’s work with that question in view. Admitted to the New York bar in 2015, she earned her BA at NYU and her JD at New York Law School after growing up at the Milton Hershey School. Her recognitions include the National Trial Lawyers Top 40 Under 40, NAOPIA honors in 2024 and 2025, and selection as a Super Lawyers Rising Star in 2020. Because she speaks Russian and Spanish, Attorney Kucher can go over consent forms and discharge instructions with clients in the language they are most comfortable using.
Michael Roitman, the firm’s primary trial attorney, is admitted in New York and New Jersey and before the Southern and Eastern Districts of New York, and he was named to the Top 50 Personal Injury Settlements New York list for 2023. Alex Rybakov, a Seton Hall Law graduate licensed since 2010, has practiced personal injury law exclusively for more than ten years.
What Sets Them Apart
- 24/7 Availability: A patient who learns of a surgical error at a follow-up visit, or a family that spots a pharmacy mix-up on a weekend, can reach an attorney right away
- No Upfront Fees / Contingency Only: The firm states that no fee is owed unless it wins, so starting a claim costs nothing out of pocket
- Brooklyn Knowledge: Working from Pulaski Street, the attorneys know the borough’s hospitals, surgery centers, and Kings County courts
- Personalized Service: Clients deal directly with their attorneys, in English, Russian, or Spanish
- Surgical and Medication Error Claims: The firm’s practice page lists anesthesia errors, performing the wrong surgery, harmful surgical mistakes, prescribing the wrong medication or dosage, and failing to get informed consent
Client Testimonials
The review below does not name the type of case involved, so we share it as general feedback on how the firm explains a client’s options:
“This law firm provided exceptional service throughout the entire process. They dedicated the necessary time to thoroughly explain every aspect to me, ensuring I had a clear understanding of the available options. I felt assured and confident, knowing that I had a highly skilled and experienced attorney supporting me.” Mia Garcia, Google Review
Why Choose Kucher Law Group
After a wrong-site operation, a retained sponge, or a dispensing error, the first task is fixing the dates: when the procedure took place, when the problem surfaced, and whether a public hospital was involved. Kucher Law Group can explain how the one-year foreign object rule, the 90-day notice requirement, and §2805-d apply to those facts. The firm holds a 4.99 out of 5 rating from 81 Google reviews, and consultations are free.
Contact: (929) 563-6780 | 463 Pulaski St #1C, Brooklyn, NY 11221
#2 Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
Why They Made Our List: Gair Gair publishes the deepest record of medical malpractice results among the firms we reviewed, from a $91 million verdict tied to a Brooklyn hospital to a 2025 recovery involving bowel perforations. The firm practices from Manhattan, lists no Brooklyn office, and states that its lawyers will travel to clients.
Firm Overview
The firm’s only listed office is at 80 Pine Street. Its Brooklyn medical malpractice page addresses surgical errors, delayed diagnosis, birth injuries, and wrongful death, and it names ten hospitals in the borough, including NYC Health + Hospitals/Kings County, NewYork-Presbyterian Brooklyn Methodist, Brookdale, Interfaith, Maimonides Midwood, and SUNY Downstate. A Spanish-language version of the page is available, and the firm notes that New York regulates contingency fees in these cases.
Notable Achievements
The firm reports these results on its own website:
- $91,000,000 : Verdict, about $90.9 million in total, for a child with cerebral palsy after a delayed cesarean section at SUNY Downstate
- $60,000,000 : Verdict obtained in Nassau County
- $7,000,000 : 2025 recovery for a missed stroke
- $2,300,000 : 2025 recovery involving bowel perforations
- $2,000,000 : 2025 wrongful death recovery
Gair Gair also states that eight of its attorneys are listed in Best Lawyers in America for medical malpractice and that it holds a Tier One Best Law Firms ranking in New York for plaintiffs’ medical malpractice.
Lead Attorney / Team
Ben B. Rubinowitz serves as managing partner. Partner Marijo C. Adimey and attorney Richard M. Steigman are also named on the Brooklyn page. The firm’s years in practice are not stated there, so our table lists that figure as Not Stated.
Service Approach
Without a Brooklyn office, the firm offers to come to clients, which can help a patient who is still recovering from a second, corrective operation and cannot easily travel into Manhattan. Its page explains that malpractice claims are built on medical records and expert review.
Contact: 212-943-1090 | 80 Pine Street, 34th Floor, New York, NY 10005
#3 Finz & Finz, P.C.
Why They Made Our List: Finz & Finz combines a Brooklyn office on Spencer Street with more than forty years in practice and several multi-million dollar medical malpractice results, backed by detailed explanations of New York’s procedural rules.
Firm Overview
Beyond Brooklyn, the firm keeps offices at 40 Wall Street in Manhattan and in Mineola. Its New York City medical malpractice content covers the two and a half year limit in CPLR §214-a, the continuous treatment rule, the certificate of merit under CPLR §3012-a, and the notice of claim and one year and 90 day suit deadline for public hospitals.
Notable Achievements
- $9,750,000 : Settlement for a failure to diagnose necrotizing enterocolitis in a child
- $9,200,000 : Settlement arising from hospital negligence involving a vitamin B1 deficiency
- $2,350,000 : Medical malpractice verdict, as reported by the NY Post
Recognitions listed by the firm include Super Lawyers, Lawyers of Distinction 2024, the Multi-Million Dollar Advocates Forum, National Trial Lawyers Top 100, and an AV Preeminent rating.
Lead Attorney / Team
Stuart L. Finz, the senior trial attorney, leads a team that includes Leonard L. Finz, Cheri Finz, Todd M. Rubin, Jacquelin Finz, and Brandon S. Finz. Four former New York State judges serve the firm of counsel.
Service Approach
The firm accepts medical malpractice cases on contingency and states that no attorney fee is owed without a recovery. Its pages describe the sliding-scale limits New York places on malpractice fees, and consultations are free.
Contact: (718) 957-2407 | 31 Spencer St, Suite 1202, Brooklyn, NY 11205
#4 Rosenbaum Meier Personal Injury Lawyers
Why They Made Our List: Rosenbaum Meier keeps a Brooklyn office on Court Street, reports more than forty years of experience, and lists a run of seven figure results labeled medical malpractice.
Firm Overview
The Brooklyn office is at 32 Court Street, with additional offices at 100 Wall Street in Manhattan and in the Bronx. Its Brooklyn medical malpractice page refers to NYU Langone Hospital Brooklyn and University Hospital of Brooklyn on Clarkson Avenue, and it shows a Google rating of 4.8 from 265 reviews.
Notable Achievements
The firm lists results labeled medical malpractice, without dates or case details, including $7,000,000, two at $1,500,000, $1,300,000, $1,100,000, $1,000,000, $900,000, and $800,000. A Super Lawyers logo appears on the page without a year.
Lead Attorney / Team
No individual attorneys are named on the medical malpractice page, so our table lists the firm itself. Patients weighing a surgical or medication claim should ask which lawyer would handle the file day to day.
Service Approach
The page links to a Spanish-language version and offers a free case review. Fee terms are not described there and are worth confirming at a first meeting.
Contact: (718) 550-3601 | 32 Court Street, Suite 704, Brooklyn, NY 11201
#5 Law Offices of Jay S. Knispel
Why They Made Our List: Jay S. Knispel has represented injured New Yorkers for more than twenty-five years from a Court Street office, and the firm states it has recovered tens of millions of dollars for clients.
Firm Overview
The firm’s Brooklyn office is at 26 Court Street, and it also has a Manhattan office at 450 Seventh Avenue. Its medical malpractice page describes cases against large New York City hospitals. Individual amounts are not published, so we describe recoveries only in the firm’s own terms.
Notable Achievements
Jay S. Knispel holds an AV Preeminent rating from Martindale-Hubbell and is listed among the National Trial Lawyers Top 100.
Lead Attorney / Team
Jay S. Knispel is the attorney named on the firm’s medical malpractice page.
Service Approach
The firm offers free consultations, takes calls around the clock, and serves Spanish-speaking clients. Fee terms are not stated on its page, so patients should confirm them, along with who will manage the case, at the first meeting.
Contact: (718) 802-1600 | 26 Court St., Suite 2511, Brooklyn, NY 11242
Understanding Brooklyn Medical Malpractice Cases
Surgical, anesthesia, and medication claims differ from diagnosis cases in one practical way: the error often happens at a single moment the record can pin down, such as a skipped time-out, a sponge count that did not reconcile, or a label that did not match the prescription. The legal question is the same, whether a provider departed from accepted practice and caused harm, but the evidence trail is usually shorter and more concrete.
Wrong-Site and Wrong-Procedure Surgery
Hospitals use site marking and a pre-incision time-out so the team confirms the patient, the procedure, and the side before the first cut. When that check fails, a patient from off 86th Street in Bensonhurst scheduled for surgery on one knee or one level of the spine can leave facing two recoveries instead of one. Pre-operative checklists, marking notes, and the operating room log usually show where the process broke down.
Retained Surgical Items
Sponges, towels, needles, and instrument fragments are supposed to be counted before and after every procedure. A Midwood patient who keeps returning to a doctor’s office on Kings Highway with infection or pain may learn from imaging months later that something was left behind. Nursing count sheets and the operative report often become the center of the case.
Anesthesia and Medication Errors
Anesthesia claims can involve incorrect dosing, poor airway management, or inadequate monitoring during and after surgery. Medication errors may start with a prescription written at the wrong strength, a hospital unit giving the wrong drug, or a pharmacy along Manhattan Avenue in Greenpoint dispensing a look-alike medication.
Procedures Without Informed Consent
Consent is more than a signature. A Ditmas Park patient who agreed to an elective procedure near Cortelyou Road without hearing about a significant, foreseeable risk or a reasonable alternative may have a separate claim even if the surgery itself was performed competently.
Who Can Be Held Liable
- Surgeons, assistant surgeons, and residents who perform or supervise a procedure
- Anesthesiologists and nurse anesthetists
- Operating room nurses and surgical technologists responsible for counts and site verification
- Hospitals and ambulatory surgery centers, for their staff and safety protocols
- Prescribing physicians, and the pharmacies and pharmacists that dispense medication
- NYC Health + Hospitals facilities, which are subject to special notice rules
Critical NYC Requirements
- Res ipsa loquitur: In Kambat v. St. Francis Hospital, 89 N.Y.2d 489 (1997), the Court of Appeals held that a jury could infer negligence, without expert testimony, when a laparotomy pad was left in a patient’s abdomen after a hysterectomy. In States v. Lourdes Hospital (2003), the court added that expert testimony may help a jury decide whether an injury, there an arm injury alleged to have occurred under anesthesia, ordinarily happens without negligence.
- Foreign object rule: CPLR §214-a allows one year from discovery of a foreign object, or of facts that would reasonably lead to its discovery, whichever is earlier. Chemical compounds, fixation devices, and prosthetic aids do not qualify.
- Informed consent: Public Health Law §2805-d defines lack of informed consent as the failure to disclose the alternatives and reasonably foreseeable risks and benefits a reasonable practitioner would have disclosed, and it limits the claim to non-emergency treatment and to procedures that invade or disrupt the integrity of the body. The patient must show a reasonably prudent person would have declined if fully informed, and CPLR §4401-a requires supporting expert medical testimony.
- General deadline and certificate of merit: Other malpractice claims generally must be filed within two years and six months under CPLR §214-a, and CPLR §3012-a requires a certificate that a qualified physician was consulted.
- Public hospitals: General Municipal Law §50-e generally requires a notice of claim within 90 days for claims against NYC Health + Hospitals.
Selection Criteria
Case Results and Recovery Amounts. Published outcomes remain the clearest public evidence of a firm’s work. We reported every figure exactly as each firm presents it on its own website, gave weight to results against hospitals, and did not add details a firm left out of its own description.
Client Satisfaction. Patterns across many reviews tell more than any single comment. We looked for consistent praise for communication and follow-through, and the satisfaction scale in our table reflects that comparison. Reviews describing how clearly a firm explained options carried particular relevance this month.
Legal Experience and Expertise. Surgical and medication claims require a working knowledge of operating room protocols, anesthesia records, and pharmacy practice. We considered years in practice, a stated malpractice focus, and how clearly each firm explains the governing statutes and deadlines.
Trial Readiness. Hospital insurers value a claim partly by asking whether the plaintiff’s firm will go before a jury. Published verdicts, settlements reached at trial, and a designated trial attorney all counted in a firm’s favor during our review.
Brooklyn Community Connection. A patient recovering from a corrective operation may not be able to travel far. We weighed a Brooklyn office and familiarity with the borough’s hospitals and courts, and we stated plainly when a firm lists no Brooklyn office.
Professional Recognition. Peer honors offer an outside view of a firm’s standing. We considered how specific and current each one is, gave more weight to recognition tied to medical malpractice, and did not treat an undated badge as proof of present status.
Accessibility and Communication. Questions about a surgical error often arrive after hours, at a follow-up visit or a pharmacy counter. Around the clock availability, service in more than one language, and plain explanations of the process all mattered.
Fee Structure and Transparency. Malpractice cases can require costly physician review before a complaint is even filed. Contingency arrangements, along with clear statements about fees and New York’s limits on them, were treated as a positive factor.
Scope of Services. We looked for coverage of wrong-site surgery, retained objects, anesthesia and medication errors, informed consent claims, and cases against public hospitals, along with related injury and wrongful death matters when a single procedure raises several legal questions.
Innovation in Practice. Rebuilding an operation means placing count sheets, anesthesia records, medication administration logs, and pharmacy labels on one timeline. We gave credit to firms that describe a structured investigation, work with physician reviewers, and keep clients informed through a process that can take years.
Moving Forward
A surgical or medication error can leave a patient recovering from two problems at once: the condition that led to treatment and the harm the treatment caused. Patients in Bensonhurst, Greenpoint, Ditmas Park, and every other Brooklyn neighborhood do not have to work out the legal questions alone.
Some deadlines in these cases are short, and the one-year rule for a retained object starts when it is found, so an early conversation with an attorney is worthwhile even before every record arrives. Most firms in this ranking offer a free consultation where you can describe the procedure, the medications involved, and what you were told beforehand. Keep any consent forms, pharmacy labels, and imaging reports you have, and mention right away if the care took place at a public hospital, since that can start a 90-day clock.
About Our Rankings: ChelaNews’ monthly rankings recognize excellence in specialized practice areas. Our evaluation process examines case results, client satisfaction, professional experience, and community impact. Rankings are based on verified data and are updated monthly to reflect current performance. Enhanced profiles are available but not required for ranking consideration.
For Attorneys: To nominate yourself or a colleague for future rankings, please email editor@chelanews.com.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. Each case is unique, and results depend on specific facts and circumstances.
