“I am grateful everyday to work in an area of law where I truly know that I am helping people to make their lives better while achieving justice for those who have suffered needless injuries due to the carelessness and negligence of others.” — Elizabeth Montesano
Ms. Montesano has a deep commitment, compassion and dedication to her clients who have been victims of medical malpractice and suffered grave injuries due to carelessness and negligence. Her legal skills and experience have helped her clients achieve many multimillion-dollar settlements. Ms. Montesano handles all types of medical malpractice cases, including birth injuries, delay in diagnosis of cancer, surgical and cardiac cases, as well as, product liability cases when they involve defective medical equipment. A 2000 magna cum laude graduate of New York Law School in 2000, Ms. Montesano joined Sullivan Papain in 2002. She became a member of the firm in 2011.
Areas of Practice
- Medical Malpractice
New York Law School, J.D., 2000
State University of New York at Albany, B.A., 1996
Awards and Recognition
- Super Lawyers Top Attorneys in the New York Metro Area – Rising Star 2013, 2014, 2015, 2016
- Top New York Settlements of 2015
- Top New York Settlements of 2014
Westchester Women’s Bar Association, Member
New York State Trial Lawyers Association, Member of Board of Directors
“Valuing Economic Damages in Medical Malpractice Cases”
New York Law Journal, CLE Lecturer
Four Complex Cases, Four Favorable Results
Elizabeth Montesano has a proven track record of successful results in medical malpractice cases. Here are a few key examples:
- Ms. Montesano negotiated a $2.4 million settlement on behalf of a 56-year-old Westchester County woman who devastating neurological injuries during back surgery. The plaintiff, a woman with a history of a back problems due to years of working on her feet as a home health aide, decided to undergo surgery to alleviate her pain. Despite red flags from pre-surgery nerve monitoring, the operating surgeons failed to heed the warning signs of a potential spinal cord injury. When the plaintiff awoke from surgery she could not move her legs and was diagnosed with paraplegia. The case was settled prior to trial.
- Within a month of bringing suit in Kings County, N.Y., Supreme Court, Ms. Montesano obtained a $1.3 million settlement from a gynecologist who failed to properly diagnose and treat a Brooklyn woman’s uterine cancer. The plaintiff, a 58-year-old retiree, underwent hysterectomy surgery due to a history of fibroid tumors. The gynecologist diagnosed Stage 1 uterine cancer within a polyp, but told the woman that her cancer was entirely removed during surgery, and there was no need for any further medical treatment or monitoring. Ms. Montesano marshaled opinions from experts in the fields of gynecologic oncology and radiation oncology who said the gynecologist deviated from good and accepted medical practices by failing to advise the plaintiff to seek additional consultations or treatment. Without treatment, the plaintiff was later diagnosed with Stage 4 uterine cancer.
- Ms. Montesano reached a settlement in Orange County, N.Y, Supreme Court for $1,250,000 on behalf of four children of a deceased 50-year-old man who did not receive standard medical treatment for early Stage 1 bladder cancer. The man had been under the care of a local urologist after being diagnosed Stage 1 bladder cancer. After surgery, he was told that all the cancer had been removed and no further treatment was necessary. For the next six months, however, he complained of worsening pain. The man ultimately changed doctors and testing revealed that the bladder tumors had returned and had progressed to terminal Stage 4 bladder cancer. His four children, two of whom were minors, survived him. Ms. Montesano consulted medical experts in the fields of urology and medical oncology, who stated that the decedent was not given proper medical treatment by the defendant urologist. The case settled before trial.
- In a suit brought in Brooklyn, N.Y., Ms. Montesano obtained $2.15 million for the wife of a man who died after his doctors failed to diagnose colon cancer over the period of 18 months. During that period, the man repeatedly complained of abdominal pain and changes in his bowel habits. Ms. Montesano was able to show that the decedent was under the care of multiple doctors who all knew one another, and yet none of them communicated with each other about the patient’s condition or treatment plan. Despite the man’s complaints and the development of anemia, the doctors failed to recommend a colonoscopy, well known as a useful test to investigate problems of this sort in men over 50. By the time our client’s husband was diagnosed with colon cancer, it had already spread. He suffered through extensive chemotherapy and radiation therapy for over a year before losing his battle with the disease.
Ms. Montesano volunteers in her community and at her children’s school.
Ms. Montesano is married and the mother of twins. When not at the office, she spends time with her family and enjoys cooking, travel, and gardening.