Attorneys

  • Edward J. Amsler, Esq.

    Partner(212) 576-9815

    Edward J. Amsler is a partner at Fager Amsler Keller & Schoppmann, LLP.

    Mr. Amsler has spent more than 40 years representing the interests of physicians, hospitals, and other healthcare providers. He has been an outspoken advocate on behalf of the medical profession, as well as an active supporter of tort reform, initially as a litigator and, more recently, before insurance regulators and state and federal legislators. He is an emeritus trustee of St. Lawrence University and is often called upon to speak to national and local medical societies, insurance organizations, and legislative committees.

    Mr. Amsler is a member of the American Bar Association, Tort and Insurance Section; the New York State Bar Association, Insurance, Negligence and Compensation Law Section and the Trial Lawyers Section; and the International Association of Defense Counsel. He is also a past chairman of the board of the Medical Professional Liability Association (MPL).

    Mr. Amsler received his Bachelor of Arts from St. Lawrence University and his Juris Doctor from Syracuse University College of Law, where he served on the Law Review editorial board. He currently lives in New York City with his spouse, Loren Smith, and their two children.

  • Marc D. Craw, Esq.

    Senior Counsel(518) 786-2777

    Marc Craw, who recently joined Fager Amsler Keller & Schoppmann, LLP, is responsible for legislative and regulatory affairs. He previously served as vice president of the New York Insurance Association (NYIA) for 10 years. Mr. Craw’s work at NYIA included government affairs, and as in-house counsel, fielding numerous legal and policy inquiries from NYIA’s members, who are property and casualty insurance companies. Mr. Craw was previously employed with the New York State Assembly Minority Counsel’s Office for 10 years of legislative experience, six as a counsel working on insurance issues and four as director of the Counsel’s Office. Upon leaving the legislature in October 2007, he was hired as vice president of NYIA.

    Mr. Craw holds a Bachelor of Arts from Union College and earned his law degree at Albany Law School. Mr. Craw is licensed to practice law in New York State and the Northern District of New York federal court. Mr. Craw began his career as an assistant town attorney for the Town of Colonie and then moved on to become an assistant county attorney and served for over one year as an assistant attorney general.

    Mr. Craw has resided in the Capital District for more than 20 years and is married with three children. Mr. Craw and his family currently reside in Colonie, New York.

  • Donald J. Fager, Esq.

    Of Counsel(212) 576-9813

    Donald J. Fager is the founding partner of Fager Amsler Keller & Schoppmann, LLP.

    An attorney with 48 years of experience in the healthcare professional liability field, Mr. Fager is a noted authority on the subject. He has been called upon to provide testimony on medical liability before committees of the U.S. House of Representatives, as well as state legislative committees in states as diverse as New York, Ohio, and Iowa. He was also a member of the Liability and Quality Committee of Governor Mario Cuomo’s Health Care Advisory Board. Mr. Fager is frequently invited to speak on the subject of medical liability by various state and county medical societies, national and state specialty societies, medical schools, hospitals, law schools, Joint Medical Society and Bar Association meetings, American Medical Association programs, and American Bar Association programs.

    For 17 years, beginning in 1956, Mr. Fager was a trial attorney for Martin Clearwater & Bell, specializing in the defense of physicians, dentists, and hospitals in medical malpractice cases in New York State. He managed the firm’s Syracuse office from 1964 until 1973. In 1973, he became the indemnity representative of the Medical Society of the State of New York, and in 1975, he assisted the Medical Society in the formation of MLMIC Insurance Company. Today, MLMIC is one of the largest writers of medical liability insurance in the country.

    Mr. Fager is also a founding board member of the Medical Professional Liability Association (MPL) and a member of the board of trustees from inception until 1991 (the last two years as emeritus). Within MPL, he also served as the chairman of the Membership and By-Laws Committee; chairman of the Neurologic Deficit Study Committee; chairman of the Legislative Oversight Committee; and president (1986 and 1987).

    A founding member of the National Patient Safety Foundation, Mr. Fager has been a member of its board of directors since 1997. He served as a member of the foundation’s executive committee from 2000 through 2003 and is currently the chair of the By-Laws Committee. He is also a member of the board of trustees of the Medical and Health Research Association of New York City, the board of directors of the Physicians’ Home, the board of trustees of the New York State Dental Foundation, and the board of directors of the New York State Dental Association Support Services, Inc.

    Mr. Fager is a member of the American Bar Association, the New York State Bar Association, the International Association of Defense Counsel (and a member of its Medical Defense Committee), and the Defense Research Institute, and an arbitrator for the American Arbitration Association.

    He has been the recipient of several awards, including MPL’s prestigious Peter Sweetland Award of Excellence; the Professional Liability Underwriting Society (PLUS) Foundation’s Award for Outstanding Leadership in Healthcare Professional Liability; and the Onondaga County Medical Society’s Award for Service to Physicians of New York State.

    Born in Brooklyn, New York, Donald Fager received his Bachelor of Arts cum laude from the University of Notre Dame and his Juris Doctor from New York University School of Law, where he was an editor of the Law Review. In 1956, Mr. Fager was admitted to practice law in New York State and is admitted in U.S. District Courts for the Southern, Northern, and Western Districts of New York. He currently resides in New Canaan, Connecticut, with his wife, Geraldine. They are very proud of their three grown children – two daughters and a son – and their three grandchildren.

  • Brian W. Felton, Esq.

    Attorney(518) 786-2883

    Brian W. Felton is an attorney with Fager, Amsler, Keller & Schoppmann, LLP. Mr. Felton regularly represents physicians, hospitals, dentists, and other healthcare professionals in courts throughout Upstate New York and provides representation and assistance at all stages of the litigation process. He also regularly counsels healthcare practitioners on risk management issues.

    Prior to joining the firm, Mr. Felton was employed as a prosecutor in the North Country for approximately nine years, working in the Washington and Essex County District Attorney’s Offices. During his time as a prosecutor, he successfully tried multiple felony criminal cases and argued appeals at the state’s midlevel appellate division, as well as the New York State Court of Appeals. Mr. Felton’s background as a former prosecutor has served as a unique resource to our clients.

    Mr. Felton graduated from Albany Law School of Union University and received his Bachelor of Arts in political science from the State University of New York at Fredonia.

    Mr. Felton is a member of the New York State Bar Association and is admitted to practice law in the State of New York and the U.S. District Court for the Northern District of New York.

  • Danielle Mikalajunas Fogel, Esq.

    Attorney(315) 703-7207

    Danielle Mikalajunas Fogel is an attorney at Fager Amsler Keller & Schoppmann, LLP. Named to the 2019 Super Lawyers list for Personal Injury Medical Malpractice defense, her practice focuses on litigation, specifically representing physicians, healthcare providers and hospitals in the defense of malpractice actions. She also represents physicians, providers and nurses in state disciplinary proceedings. Ms. Fogel has extensive experience in handling medical malpractice claims from pre-claim status through trial as well as post-trial and appeal. She works closely with physicians and experts to effectively prepare cases for litigation. Ms. Fogel also provides counsel to healthcare practitioners and medical facilities on risk management issues.

    Prior to joining FAKS, Ms. Fogel was the Chair of Sugarman Law Firm’s medical malpractice department and was a member of its management committee. She has extensive experience resolving cases favorably through jury trials and alternative dispute resolution.

    In addition to lecturing at several continuing legal education programs, Ms. Fogel has also lectured to the Upstate Medical University and St. Joseph’s Hospital on topics of malpractice, liability and disciplinary proceedings.

    Ms. Fogel is very active in the community. She is the secretary for the Onondaga County Bar Association and a member of the Central New York Bar Association and New York State Bar Association. Ms. Fogel also donates a significant amount of time to mentoring students at Syracuse University College of Law and as the legal advisor to the Fayetteville-Manlius Mock Trial Team. Ms. Fogel also volunteers her time as a board member of the McMahon Ryan Child Advocacy Center.

    Previously, Ms. Fogel was a forensic scientist with the New York State Police. She graduated from Utica College of Syracuse University (B.S. Biology/Psychology, magna cum laude, 2000) and Syracuse University College of Law (J.D., 2004).

  • Brenna C. Gubala, Esq.

    Attorney(516) 203-5740

    Brenna C. Gubala is an attorney at Fager Amsler Keller & Schoppmann, LLP in Buffalo, New York. She has been named a Super Lawyer Rising Star in civil litigation since 2018. Her practice focuses on litigation representing physicians, dentists, healthcare professionals and hospitals in the defense of malpractice and strict products liability actions. Ms. Gubala is experienced in handling litigation from pre-claim status through trial as well as post-trial and appeal. She works closely with physicians to effectively represent their interests. Ms. Gubala also provides counsel to healthcare practitioners and medical facilities on risk management issues. She has authored numerous articles about topics in strict products liability and premises liability in national publications.

    Prior to joining FAKS, Ms. Gubala worked in general and commercial litigation for ten years handling a variety of cases from pre-suit through trial and post-trial motions and appeals, including professional liability, premises liability, municipal liability, construction site law, auto defense, and products liability in complex litigation matters. She has extensive experiences in resolving cases through alternative resolution including mediation and arbitration.

    Ms. Gubala is active in the community. She is a board member of the Women Lawyers of Western New York whose mission is to promote, network, and assist female practitioners from law students to judges. She is a member of the Erie County Bar Association and has authored and presented continuing education programs on municipal liability.

    Ms. Gubala graduated from New York Law School, magna cum laude, where she was an editor of the Law Review and member of the Institute of Information Law and Policy. She was awarded a Public Service Award for outstanding legal service. Prior to law school, she obtained her Master’s degree in contemporary Latin American Art History at the University of New Mexico, summa cum laude, and worked in a contemporary art gallery in Albuquerque, New Mexico. She is a graduate of the University of Pittsburgh where she earned her Bachelor of Arts degree, cum laude.

  • William P. Hassett, Esq.

    Senior Attorney(516) 508-4204

    William P. Hassett is an attorney with Fager Amsler Keller & Schoppmann, LLP. He practices in the fields of professional liability (medical and dental malpractice), healthcare law, premises liability, general liability, and insurance law.

    Mr. Hassett has successfully represented a wide array of clients in the malpractice field, including hospitals, physicians, dentists, and nurses. He also has extensive experience in representing medical facilities, property owners, and management companies in premises/general liability cases and construction accident cases. His litigation experience includes the prosecution and defense of appellate matters before New York appellate courts. He has also effectively handled insurance coverage matters ranging from coverage opinions to avoid litigation to declaratory judgment actions.

    Mr. Hassett also provides legal opinions to healthcare practitioners on a variety of matters, including professional liability issues, HIPAA privacy and security regulations, regulatory compliance, and professional misconduct, as well as general assessments of issues in medical and dental practices.

    He is a frequent presenter on issues related to health law, such as Medicare and Medicaid, health facility operations, medical records, HIPAA compliance, and professional malpractice.

    Mr. Hassett is admitted to practice law in the state of New York and is a member of the Health Law Section of the New York State Bar Association. He is a graduate of the State University of New York at Stony Brook (Bachelor of Arts, political science, history, cum laude, 1997) and Touro College, Jacob D. Fuchsberg Law Center (Juris Doctor, cum laude, 2000), where he served as the business editor of the Touro Law Review.

  • Jay Keller, Esq.

    Partner(212) 576-9840

    Jay Keller is a partner in Fager Amsler Keller & Schoppmann, LLP, with over 30 years of experience representing the interests of healthcare providers in New York State. His areas of expertise include insurance and administrative law, including corporate and regulatory compliance. His experience also extends into the areas of business and strategic planning and legislative affairs. Mr. Keller has presented to numerous medical and professional associations on statutes and legal developments that impact healthcare and has also lectured on legal/risk management issues. Mr. Keller began his career defending medical, dental, and hospital malpractice actions.

    Mr. Keller also serves as senior vice president and general counsel of MLMIC Services, Inc., the servicing representative for MLMIC Insurance Company, a medical and dental malpractice insurer that covers more than 19,000 physicians, dentists, and hospitals, as well as numerous other healthcare providers primarily in New York. In this position, Mr. Keller advises on a broad range of corporate matters arising from the day-to-day operations of MLMIC.

    Mr. Keller earned his undergraduate degree from the State University of New York College at Buffalo and completed his Juris Doctor at The John Marshall Law School in Chicago, Illinois. He is admitted to practice in New York State and the U.S. District Court for the Southern and Eastern Districts of New York. He is a member of the New York State Bar Association, the New York City Bar Association, DRI, and the Medical Professional Liability Association – Corporate Counsel Section.

  • Mirsade Markovic, Esq.

    Attorney(516) 508-4202

    Mirsade Markovic joined Fager Amsler Keller & Schoppmann, LLP, as an attorney in 2003. Ms. Markovic specializes in healthcare law, including professional liability issues, risk management, and professional medical malpractice defense litigation. Her practice also encompasses aspects of premises liability, general liability, and insurance law. She monitors current statutes, regulations, and case law for their impact on potential liability of healthcare professionals.

    Ms. Markovic has authored articles published in MLMIC Dateline and has served as a featured speaker for MLMIC Insurance Company at various medical and dental organizations. She has also participated in videotaped presentations covering risk management issues that are used for continuing medical education. Ms. Markovic has represented defendants in professional malpractice and negligence litigation, including litigating some of these cases in the trial and appellate courts.

    Ms. Markovic received her Juris Doctor in 2000 from Hofstra University School of Law and her Bachelor of Science in 1996 from St. John’s University. She is admitted to practice before the New York State Courts and is a member of the Health Law Section of the New York State Bar Association.

  • Nancy E. May-Skinner, Esq.

    Managing Attorney Upstate Region(518) 786-2730

    Nancy E. May-Skinner is the managing attorney for the Capital District and Syracuse offices of Fager Amsler Keller & Schoppmann, LLP. She is also lead appellate counsel for the firm. In this capacity, she prepares and argues cases on appeal, performs appellate reviews of medical malpractice verdicts, and analyzes the legal issues that arise in healthcare litigation. Ms. May-Skinner regularly counsels healthcare practitioners and facilities on risk management and health law issues. She has authored numerous articles published in the New York State Bar Association Health Law Journal, MLMIC Insurance Company Dateline, and MLMIC Dental Dateline on medical malpractice topics, appellate practice, and risk management.

    Ms. May-Skinner also regularly lectures throughout the state for the New York State Bar Association, the Medical Society of the State of New York, MLMIC, and various medical organizations and risk management groups in the areas of medical malpractice and risk management. She presents a legislative and case law update on healthcare litigation and liability-related issues at MLMIC’s annual risk management seminar. She has authored and presented continuing medical education programs addressing social media in healthcare and various risk management issues.

    Since her admission to practice in the New York state and federal courts in 1990, Ms. May-Skinner has represented defendants in professional malpractice, negligence, and insurance litigation. She has litigated cases in the trial courts and has argued appeals in each of the four departments of the appellate division, the New York Court of Appeals, and the Second Circuit of the U.S. Court of Appeals.

    Ms. May-Skinner is a member of the New York State Bar Association. She is a member of the executive board of directors of the Juvenile Diabetes Research Foundation and the Advocacy Team Chair, Northeastern New York Chapter. Ms. May-Skinner is a graduate of the University of Massachusetts at Amherst (Bachelor of Arts, political science, cum laude, 1985) and Albany Law School of Union University (Juris Doctor, cum laude, 1989).

  • Al Anthony Mercado, Esq.

    Managing Attorney Downstate Region(516) 508-4201

    Al Anthony Mercado is the Managing Attorney of the Downstate Region for Fager Amsler Keller & Schoppmann, LLP. In addition to his managerial responsibilities, Mr. Mercado practices in the fields of professional liability, premises liability, insurance litigation, and healthcare law.

    Mr. Mercado litigates cases in both the New York state and federal courts involving professional malpractice, general negligence, contractual issues, and insurance coverage. He has successfully litigated insurance coverage cases at the trial and appellate level, and has prepared and successfully argued appeals in various appellate courts in New York State, including motions to the Court of Appeals.

    As a counselor-at-law, Mr. Mercado regularly provides risk management advice to physicians, dentists, hospitals, and medical organizations throughout New York State on various risk management topics. In doing so, Mr. Mercado provides practical guidance on many medical-legal and regulatory issues.

    Mr. Mercado has presented lectures to various organizations and medical societies, including the Richmond County Medical Society, the Myanmar American Medical Education Society, the Nassau County Dental Society, the New York State Dental Association, the Healthcare Information and Management Systems Society, and the MLMIC Insurance Company, as well as numerous hospitals throughout the New York metropolitan area. Moreover, he was featured with ophthalmologist John Lombardo, MD, in a highly rated risk management module on the medical-legal issues surrounding LASIK procedures. Similarly, Mr. Mercado has authored and published articles on various legal and risk management topics.

    Mr. Mercado is admitted to practice law in New York State and the Eastern District of the State of New York (1993). He is a graduate of the State University of New York at Stony Brook (Bachelor of Science, magna cum laude, 1989) and Hofstra University School of Law (1992). Mr. Mercado is a member of the New York State Bar Association as well as the Suffolk County Bar Association.

  • Donnaline Richman, BSN, MN, Esq.

    Attorney(315) 703-7209

    Donnaline Richman has been practicing law for 39 years. She has been associated with Fager Amsler Keller & Schoppmann, LLP, since 1985. Her areas of expertise are healthcare law and risk management. She regularly provides legal research and verbal and written legal opinions to clients regarding state regulations, hospital and departmental policies, and procedures and areas of potential malpractice liability for physicians, dentists, and hospitals.

    Mrs. Richman received a Bachelor of Science in nursing, magna cum laude, from Syracuse University and was a member of Phi Kappa Phi. She then obtained a master’s degree in psychiatric/mental health nursing from the University of South Carolina. She practiced nursing for 10 years, specializing in obstetrics and later mental health nursing. She began law school at Vanderbilt University but transferred and received her Juris Doctor from Syracuse University College of Law. She is admitted to the New York State Bar and the U.S. District Court for the Northern District of New York.

    Mrs. Richman is on the editorial board of the MLMIC Insurance Company Dental Dateline and Case Review publications and has authored numerous articles for these publications. She has also presented at educational seminars for medical and dental societies, hospitals, and physician and nurse groups, as well as medical and dental residents, regarding a variety of issues, such as documentation, informed consent, use of social media, problems with electronic health records, advertising, and complying with the Americans with Disabilities Act.

    Mrs. Richman is an original member of the New York State MOLST Committee, having been appointed by the New York State Commissioner of Health. She also participated as an original member of the New York State Bar Association Committee on HIV/AIDS and the law. She is a member of the American Bar Association, the American Society for Hospital Risk Management, the New York State Bar Association, and the Onondaga County Bar Association. She has published an article, “The HIV Law: Still a Risk for Physicians and Staff,” in the New York Bar Association Health Law Journal Spring/Summer 2013, Vol. 18, No. 2. In 2013, she wrote a chapter with James Robb, formerly of MLMIC, in the book Difficult Cases in Endourology, titled “Avoiding and Overcoming Medicolegal Difficulties in Endourology.”

  • Marilyn Schatz, Esq.

    Attorney(516) 508-4207

    Marilyn Schatz is an attorney of Fager Amsler Keller & Schoppmann, LLP. She has broad experience in providing counsel and assisting healthcare practitioners and hospitals in various matters related to healthcare law, professional liability, insurance, and risk management. Ms. Schatz has been a medical malpractice claims attorney and counsel for risk management for several major New York teaching hospitals.

    Ms. Schatz has lectured extensively throughout New York State and has written numerous articles on risk management, malpractice prevention, and healthcare law. She is a contributing author of several chapters in a joint publication by the New York State Bar Association and the Medical Society of the State of New York, which is in its fifth edition. She is a recipient of an honorary distinguished author award from the New York State Bar Association for Outstanding Contributions in Continuing Legal Education.

    Ms. Schatz is admitted to the New York State Bar and is a member of the American Bar Association; the New York State Bar Association; the Nassau County Bar Association; the American Society of Law, Medicine & Ethics; and the American College of Healthcare Executives. She received her Juris Doctor from the Benjamin N. Cardozo School of Law, and her Bachelor of Arts, magna cum laude, from Brooklyn College.

  • Michael J. Schoppmann, Esq.

    Partner(212) 576-9895

    Michael J. Schoppmann is a partner at Fager Amsler Keller & Schoppmann, LLP.

    Mr. Schoppmann is regarded nationally for devoting his career to the defense of healthcare professionals in complex medical malpractice actions and in actions brought by state licensing authorities, federal healthcare agencies (e.g., the Office of Inspector General, Medicare, Medicaid, DEA, OSHA), hospital review boards (credentialing and disciplinary), billing/coding/fraud investigative units (both public and private), and in the myriad forms of complex healthcare litigation involving physicians and medical practices. Mr. Schoppmann has successfully defended physicians in actions involving state medical boards, Medicare fraud, fraud and abuse, hospital discipline, RAC audits, Medicare audits, OIG fraud, healthcare fraud, medical billing audits, and health plan billing audits.

    Mr. Schoppmann has served as a faculty member of the Cornell University Johnson Graduate School of Management, Executive Program in Healthcare Delivery Management, and the University of Rochester Simon School of Graduate Studies, Executive Program in Healthcare Delivery Management. He is a past two-term chairman of the State Bar Association’s Administrative Law Section and has served as the featured speaker to national, state, and county medical societies and organizations throughout the country.

    Mr. Schoppmann, who has been honored by the Richmond County Medical Society, the Westchester County Medical Society, and the Erie County Medical Society, is also the recipient of two professional service awards in recognition of a career devoted to serving and defending medical professionals. He is a sustaining member of the New York State Bar Association, which is an elite group comprising 1 percent of the New York State Bar membership of 74,000.

  • Mia D. VanAuken, Esq.

    Attorney(518) 786-2898

    Mia D. VanAuken is an attorney at Fager Amsler Keller & Schoppmann, LLP. She serves as litigation and appellate counsel. She defends and represents medical providers, healthcare centers, and hospitals in actions brought in state and federal courts. In her position, Ms. VanAuken also provides legal analyses on complex issues of substantive and procedural law that arise at the trial and appellate levels. Ms. VanAuken prepares appellate briefs and presents oral arguments to the appellate courts of New York.

    Ms. VanAuken also counsels healthcare practitioners and medical facilities on risk management and health law, including compliance with state and federal regulations. In addition to professional medical liability, Ms. VanAuken also practices in the areas of general negligence, premise liability, municipal liability, insurance law, civil rights law, and administrative law.

    Ms. VanAuken is a graduate of Siena College (Bachelor of Science in biology, 1998) and Albany Law School of Union University (Juris Doctor, magna cum laude, 2002). After graduation, she served a one-year term as an Appellate Court Attorney for the New York State Supreme Court, Appellate Division, Third Department. Ms. VanAuken spent the next decade in private practice defending medical providers and hospitals across New York State. Most recently before joining Fager Amsler Keller & Schoppmann, LLP, Ms. VanAuken completed a two-year judicial clerkship for the Honorable Mae A. D’Agostino, U.S. District Court for the Northern District of New York. Ms. VanAuken is currently admitted to practice in the Courts of New York, U.S. District Courts (N.D.N.Y. and W.D.N.Y.), and the Second Circuit for the U.S. Court of Appeals.

Attorney Photographs by Elizabeth Arocena & Stacy Alexander.