Medical Malpractice
4 Steps to Find Lawyers Who Deal with Medical Negligence
Find experienced lawyers who deal with medical negligence to secure the justice you deserve.
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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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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.
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.
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.
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.
Wrong-site surgery, retained instruments, nerve and organ damage, and complications from procedures that should not have been performed.
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.
Wrong drug, wrong dose, missed interactions and inadequate monitoring during anesthesia.
Premature discharge, failure to order imaging, and triage failures during long waits.
Pressure ulcers, falls, dehydration and unexplained injuries — often governed by Public Health Law § 2801-d as well as ordinary negligence.
Verdicts and settlements
$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.
Prior results do not guarantee a similar outcome. Every case is different, and the result in any case depends on its own facts.
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Ask us directlyWhere we handle these cases
The roads, the courthouse and the deadline change with the county. Each page covers how these cases work where you were hurt.
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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.