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Medical Malpractice Lawyers

Medical malpractice is distinguished from most other areas of injury law: the damage caused by the negligence of a health-care provider has to be proved by other doctors, on a shorter clock than any other injury case.

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What has to be proved — and why these cases take longer

A malpractice case requires four things: that a doctor-patient relationship existed, that the provider departed from accepted standards of medical practice, that the departure caused the injury, and that the injury produced real damages. The second and third are where cases are won and lost, and neither can be established by a patient's account alone — both require a qualified physician in the same specialty to review the records and say so.

The deadline to know

The deadline is shorter. Two years and six months from the act of malpractice — or from the end of continuous treatment for the same condition.

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    That is also why New York requires a certificate of merit under CPLR 3012-a: before a malpractice case can be filed, the attorney must certify that a licensed physician has reviewed the facts and concluded there is a reasonable basis for the action. Every serious malpractice claim therefore begins with obtaining the complete medical records and paying for expert review, long before anything is filed.

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    There are two important extensions. Lavern's Law allows a claim for a missed cancer diagnosis to be brought within two years and six months of the date the patient knew or should have known of the failure to diagnose, up to a seven-year outer limit. And a claim for an injury to a child is generally tolled during infancy, up to ten years. Against a public hospital, a Notice of Claim within 90 days applies on top of everything else.

The cases we see most

Failure to diagnose

Cancer, heart attack, stroke, infection and sepsis. The question is what a reasonably careful physician would have done with the same presentation and the same test results.

Surgical errors

Wrong-site surgery, retained instruments, nerve and organ damage, and complications from procedures that should not have been performed.

Birth injuries

Delayed C-section, oxygen deprivation, Erb's palsy and cerebral palsy. Because the claim belongs to the child, the deadlines are far longer than in an adult case.

Medication and anesthesia errors

Wrong drug, wrong dose, missed interactions and inadequate monitoring during anesthesia.

Emergency room negligence

Premature discharge, failure to order imaging, and triage failures during long waits.

Nursing home neglect

Pressure ulcers, falls, dehydration and unexplained injuries — often governed by Public Health Law § 2801-d as well as ordinary negligence.

Verdicts and settlements

Recoveries obtained by this firm

  • $7,500,000

    Verdict for wrongful death, against landlord, caused by fire that spread through apartment that was without smoke detectors.

  • $4,400,000

    Verdict for motor vehicle accident causing spinal injuries requiring surgery.

  • $250,000

    Recovery for a violation of a right of sepulcher after hospital lost the body of client's stillborn fetus.

All results

Prior results do not guarantee a similar outcome. Every case is different, and the result in any case depends on its own facts.

Medical malpractice questions

Not answered here? A lawyer will answer it, free and at any hour.

Ask us directly
How do I know if it was malpractice or just a bad result?
You usually cannot know from the outside, and neither can we until a physician in the right specialty reviews the complete records. That review is part of the free evaluation — you are not charged for finding out.
How do I get my medical records?
You have a right to them under New York Public Health Law § 18. We obtain them for you, including the full hospital chart, imaging and nursing notes, which is often far more than what a patient receives on request.
Will I have to sue my own doctor?
The case is brought against the provider and usually their employer or hospital, and it is defended and paid by an insurer. Many clients continue treating elsewhere without difficulty.
How long do these cases take?
Longer than other injury cases. Expert review before filing, contested discovery and crowded malpractice calendars mean two to four years is common. That is a reason to start now rather than later.

Where we handle these cases

Medical Malpractice lawyers by location

The roads, the courthouse and the deadline change with the county. Each page covers how these cases work where you were hurt.

All locations

From the blog

Latest articles on Medical Malpractice

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Harmed by a doctor or a hospital?

We obtain the records and have them reviewed by a physician, at no cost to you. Two and a half years is less time than it sounds.

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