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Michael P. Kelly

Special Counsel
105 Maxess Road
Suite 303
Melville, NY 11747
(631) 227-6362
(631) 232-6184 - Fax
mpkelly@mdwcg.com

Michael concentrates his practice on the defense of physicians and hospitals in a broad range of medical malpractice actions. He has also defended clients in dental malpractice actions. In addition to his health care liability experience, Michael has also defended legal malpractice, civil rights and general liability actions, as well as pharmaceutical product liability matters. 

Michael began his career at the Nassau County (New York) District Attorney’s Office as an Assistant District Attorney. Subsequently, he joined a prominent medical malpractice defense firm, litigating throughout the metropolitan New York City area. In 2007, Michael joined Jones Hirsch Connors Miller & Bull, where he continued to defend medical malpractice actions and also broadened his experience by assisting in the defense of various general liability matters.

Significant Representative Matters

  • Had award of summary judgment against a prominent New York City hospital affirmed on appeal by United States Court of Appeals for the Second Circuit in action premised on negligence, assault, the Americans with Disabilities Act and civil rights violations because the governing statutes did not provide the plaintiff with any basis for his lawsuit.

  • Achieved affirmance of jury verdict in favor of defendant-physician by Appellate Division, Second Department, because the verdict was consistent with the weight of the evidence.

  • Achieved affirmance of summary judgment award in favor of defendant-physician by Appellate Division, First Department, in medical malpractice where the plaintiff attempted to commit suicide by throwing himself out of hospital window because such was not foreseeable.

  • Had an order denying a defendant-physician’s motion for summary judgment reversed by Appellate Division, Second Department, because plaintiff’s expert failed to raise a triable issue of fact as to whether the defendant deviated from accepted standards of care in not diagnosing the plaintiff’s colon cancer.

  • Had a motion denying defendant-physician’s motion for summary judgment based on the statute of limitations reversed by Appellate Division, First Department, because the lower court improperly applied the doctrine of equitable estoppel.

  • Convinced Appellate Division, Second Department, to affirm lower court’s order denying summary judgment to pharmaceutical manufacturer in action against physician and pharmaceutical manufacturer where the plaintiff had participated in an investigational study of an experimental vaccine.

  • Obtained order from Supreme Court, Bronx County, permitting defendant-physician’s experts to perform genetic testing of infant-plaintiff’s previously extracted tissue biopsies in medical malpractice action where plaintiff alleged brain injury secondary to labor and delivery; order permitting the genetic testing allowed the defendant to argue the plaintiff’s injuries were not due to the defendant’s acts and omissions and thus settle case at a reasonable amount.

Education

  • New York Law School, New York, New York (J.D., 1994)

    Honors:  cum laude

  • Loyola College, Baltimore, Maryland (B.A., 1990)

Past Employment Positions

  • Nassau Country District Attorney's Office

Apr 11, 2019
We obtained summary judgment in favor of a thoracic surgeon in a mixed medical malpractice/product liability case in New York State Supreme Court, Kings County. ​The claims involved an experimental weight loss device that was inserted and removed by...

Areas of Practice

Education

  • New York Law School (J.D., 1994)
  • Loyola College (B.A., 1990)

Bar Admissions

  • New York, 1995
  • U.S. District Court Eastern District of New York, 1996
  • U.S. District Court Southern District of New York, 1998
  • U.S. Court of Appeals 2nd Circuit, 2000

Associations & Memberships

  • Nassau County Bar Association

Year Joined Organization: 2014

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