Daniel P. Purcell

Daniel P. Purcell


Ward Greenberg Heller & Reidy LLP

Recognized since 2012

Rochester, New York

Practice Areas

Medical Malpractice Law - Defendants

Personal Injury Litigation - Defendants

Product Liability Litigation - Defendants

Lawyer of the Year Badge - 2022 - Medical Malpractice Law - Defendants
Lawyer of the Year Badge - 2022 - Medical Malpractice Law - Defendants
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Through close collaboration, Dan connects with clients to identify and fully understand their concerns and to develop a customized strategy. A majority of Dan’s work in the past 20 years has involved medical malpractice litigation in a range of medical specialties including: bariatric surgery, vascular surgery, orthopedic surgery, interventional radiology, spine surgery, cardiology, neonatology, urology, general surgery, gastroenterology, and critical care medicine. He has successfully tried many of these cases to verdict. He also has represented physicians in administrative proceedings involving alleged professional misconduct.

His commercial practice includes a wide variety of matters. In tax certiorari litigation, he has tried cases to verdict and negotiated settlements with local municipalities, resulting in significant tax refunds and the reduction of future tax liabilities for his clients. He has represented corporate clients in matters involving breach of contract claims, employee covenant/non-compete issues, and employment discrimination allegations. He also has experience with toxic tort litigation and the representation of nursing homes and medical device manufacturers. Dan frequently represents clients in mediations and arbitrations.

Dan has been with the firm since its founding and was elected a partner in 2001.

Location

  • 1800 Bausch & Lomb Place
    Rochester, NY 14604

Education

  • University of Minnesota, J.D., graduated 1993
  • John Carroll University, BA, graduated 1990

Bar Admissions

  • New York, 1994

Court Admissions

  • U.S. Court of Appeals, Second Circuit
  • U.S. District Courts of New York (Western, Northern)

Ward Greenberg Heller & Reidy LLP
Headquarters: Rochester, New York

12 The Best Lawyers in America® awards

1 Best Lawyers: Ones to Watch in America awards

Best Law Firms Badge
Full Firm Profile

Lawyer of the Year Badge - 2022 - Medical Malpractice Law - Defendants

Named "Lawyer of the Year" by Best Lawyers® for:

  • Medical Malpractice Law - Defendants, Rochester, NY (2022)

Recognized in The Best Lawyers in America® 2022 for work in:

  • Medical Malpractice Law - Defendants
  • Personal Injury Litigation - Defendants
  • Product Liability Litigation - Defendants

Awards:

  • American Board of Trial Advocates

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Representative Experience

  • Matter of Techinplex Associates, L.P. v. Town and Village of East Rochester: We represented the owner of a large commercial property that was saddled with a very high assessed value, resulting in a significant property tax burden. Working with our client and a licensed commercial real estate appraiser, we challenged the assessment, tried the case to verdict and obtained a judgment reducing the assessment by over 30%. That decision, which was affirmed on appeal, resulted in significant tax refunds for the client, as well as savings on future tax bills.
  • Dengler v. Posnick: In this case, we represented Highland Hospital in a medical malpractice action. The matter related to surgery performed by a physician at Highland Hospital, with surgical personnel employed by the Hospital. Because the surgeon was not employed by Highland, however, we moved for summary judgment arguing that Highland Hospital could not be held liable for his conduct. Plaintiff opposed the motion, arguing that hospital employees had concurrent control of the surgical instruments at issue and further arguing that the hospital spoliated evidence. We obtained an order granting summary judgment – a decision subsequently affirmed on appeal. The claims against Highland Hospital were dismissed.
  • Gilbert v. Okawara: We represented a surgeon in a medical malpractice action related to the performance of spine surgery. Plaintiff filed a complaint in a venue known for large personal injury verdicts and alleged the surgeon was negligent in performing the surgery. We successfully obtained an Order changing venue to a more favorable jurisdiction. Subsequently, we moved for summary judgment on statute of limitations grounds and successfully defeated plaintiff’s attempt to invoke the “continuous treatment” doctrine. The case was dismissed and the Order of Dismissal was upheld by the Appellate Division, Fourth Department.

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