Medical Malpractice
Medicine has standards. When a provider falls below them and a patient is harmed, the law provides a remedy — but only for those prepared to prove it.
Medical malpractice cases are among the most demanding in civil litigation: they require command of the medicine, credible experts, and the resources to stand up to hospital systems and their insurers. We accept these cases selectively and prepare them exhaustively.
From misdiagnosis and surgical errors to medication mistakes and failures to treat, we work with respected medical experts to reconstruct what happened, establish the standard of care, and demonstrate precisely how it was breached.
What We Handle
- Misdiagnosis and delayed diagnosis
- Surgical and anesthesia errors
- Emergency room negligence
- Medication and pharmacy errors
- Failure to diagnose cancer
- Hospital and nursing negligence
The deadline is shorter than for other injuries
A medical malpractice action in New York generally must be started within two and a half years of the malpractice, or of the end of continuous treatment for the same condition (CPLR 214-a). When a foreign object is left in the body, the claim may be brought within one year of when it was, or reasonably should have been, discovered.
For a failure to diagnose cancer or a malignant tumor, Lavern’s Law (2018) starts the two-and-a-half-year period when the patient knew or reasonably should have known of the negligent act and that it caused injury — but no later than seven years after the act or omission.
Claims against public hospitals, including NYC Health + Hospitals facilities, require a notice of claim, generally within 90 days. For children, the deadline is paused during infancy, but in malpractice cases that extension is limited to ten years (CPLR 208).
What a malpractice case requires
A bad outcome is not, by itself, malpractice. The law asks two questions: did the provider depart from accepted medical practice, and did that departure cause the injury? Both must be proved through the testimony of qualified physicians.
Before a case is filed, New York requires the attorney to certify that the case has been reviewed with a physician and that there is a reasonable basis to proceed (CPLR 3012-a). We obtain the complete records — including, where it matters, the electronic audit trail showing who entered what and when — and have them reviewed by physicians in the relevant field before we recommend a course of action.
Damages in malpractice cases
New York does not cap pain-and-suffering damages in medical malpractice cases. A recovery can include past and future medical care, lost earnings, and pain and suffering; where the patient has died, the estate may pursue wrongful death and survival claims. Life-care planners and economists are often needed to measure what an injury will cost over a lifetime.
Common Questions
How do I know if what happened was malpractice?
Often you can’t know on your own. Complications happen even with good care. We review the records with physicians and give you a candid assessment — including when the honest answer is that there is no case.
Do I need my medical records before I call?
No. If you would like us to evaluate the case, we can obtain the records with your authorization.
Can I still bring a claim if I am still being treated by the same doctor?
Possibly, and continued treatment for the same condition can affect when the deadline runs. It is a question to discuss early, because the rules are technical.
Is there a cap on what I can recover?
New York does not cap pain-and-suffering damages in malpractice cases. Every case is different, and prior results do not guarantee a similar outcome.
This page is general information about New York law, not legal advice about your situation. Deadlines and rules can change and depend on the facts; call the office to discuss your matter.
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