New York Medical Malpractice Attorneys

Our firm represents victims of a wide range of medical negligence claims, including:

• Misdiagnosis or Delayed Diagnosis
  Failure to correctly or timely diagnose serious conditions such as cancer, stroke, or infections can eliminate treatment options and worsen outcomes.
• Surgical Errors
  Includes wrong-site surgery, accidental organ damage, retained surgical instruments, and post-operative complications caused by negligence.
• Medication and Prescription Errors
  Incorrect dosages, improper prescriptions, dangerous drug interactions, and pharmacy dispensing mistakes.
• Failure to Warn or Obtain Informed Consent
  When providers fail to disclose known risks, alternatives, or potential complications of a procedure or treatment.

We handle complex malpractice claims involving:

Birth Injuries

Errors during pregnancy, labor, or delivery may result in brain damage, cerebral palsy, shoulder dystocia, or other permanent conditions. Liability may extend to obstetricians, hospitals, nurses, or anesthesiologists.

Anesthesia Errors

Improper dosage, failure to monitor vital signs, or delayed response can lead to brain injury, organ damage, or death.

Emergency Room Negligence

Misdiagnosis, delayed treatment, patient overcrowding, or failure to triage properly in emergency settings.

Failure to Diagnose Cancer

Missed or delayed cancer diagnoses often occur due to misread imaging, ignored test results, or failure to order appropriate screenings.

Hospital-Acquired Infections

Preventable infections caused by unsanitary conditions, improper sterilization, or failure to follow infection-control protocols.

Nursing Home Medical Negligence

Includes medication errors, untreated infections, failure to monitor residents, and neglect of chronic conditions.

Failure to Monitor Patients

Failure to observe post-surgical patients, ICU patients, or those on high-risk medications.

Delayed Treatment and Improper Discharge

Premature discharge or delays in care that lead to complications, rehospitalization, or worsening injuries.

Each case requires a careful review of how the error occurred, who was responsible, and the harm that resulted.

To succeed in a medical malpractice claim, the following elements must be established:

1. Doctor-Patient Relationship
   Proof that a professional duty of care existed.
2. Accepted Standard of Care
   What a reasonably competent medical provider would have done under similar circumstances.
3. Deviation from the Standard of Care
   Evidence that the provider failed to act appropriately.
4. Causation
   The deviation directly caused injury or harm.
5. Damages
   Physical, emotional, and financial losses suffered by the patient.

Liability may extend beyond individual doctors and include:

• Physicians and surgeons
• Hospitals and hospital systems
• Medical groups and outpatient clinics
• Nurses and physician assistants
• Pharmacists and pharmacies
• Laboratories and diagnostic facilities
• Nursing homes and long-term care facilities
• Urgent care centers

Institutions may also be responsible under theories of vicarious liability or negligent supervision.

Medical malpractice cases in New York are governed by complex procedural rules, including:

• Statute of Limitations
  Generally, a claim must be filed within two years and six months from the date of malpractice.
• Continuous Treatment Doctrine
  The statute of limitations may be extended while the patient continues treatment for the same condition.
• Foreign Object Rule
  Special rules apply when a surgical object is left inside a patient.
• Minors
  Time limits are extended until age 18, with statutory caps on how long a claim may be delayed.
• Certificate of Merit (CPLR §3012-a)
  A qualified medical expert must review the case and certify it has reasonable merit.
• Public vs. Private Hospitals
  Claims against public hospitals often require a Notice of Claim within 90 days.
• No Cap on Medical Malpractice Damages
  New York does not impose a cap on pain and suffering or other damages—allowing full compensation for serious injuries.

Fatal medical errors can give rise to wrongful death claims. These cases may involve surgical mistakes, failure to diagnose life-threatening conditions, medication overdoses, or delayed emergency treatment.

• Who May File: The personal representative of the estate
• Recoverable Damages: Funeral expenses, medical costs, lost financial support, and loss of services
• Time Limits: Strict filing deadlines apply, particularly for claims involving public hospitals

Our attorneys guide families through these sensitive cases with care and determination.

What qualifies as medical malpractice in New York?

A: Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, causing injury or harm to a patient.

Who can be held liable for medical malpractice?

A: Doctors, nurses, hospitals, clinics, and other healthcare professionals can be held responsible for negligence or errors.

What is the statute of limitations for filing a medical malpractice lawsuit?

A: Plaintiffs generally have two years and six months from the date of the alleged malpractice to file a lawsuit, with a 60-day notice requirement to the provider.

Is expert testimony required?

A: Yes. New York law requires a qualified medical professional to review the case and certify that the claim has reasonable merit.

What types of damages can be recovered in a medical malpractice case?

A: Injured patients may recover medical expenses, lost wages, pain and suffering, and other damages resulting from negligence.

Is there a cap on medical malpractice damages in New York?

No. New York law does not limit the amount of damages that may be recovered.

Can I sue a hospital for a doctor’s mistake?

Yes. Hospitals may be liable for employed physicians, staff negligence, or systemic failures.

What if I signed a consent form?

Consent does not excuse negligent care or undisclosed risks.

How long does a medical malpractice case take?

Cases often take months or years depending on complexity, expert review, and whether the case settles or goes to trial.

Do most medical malpractice cases settle?

Many cases resolve through settlement, but our firm prepares every case as if it will go to trial.