What is medical malpractice in New York?
Medical malpractice involves a departure from accepted standards of care by a healthcare provider that causes patient harm. Learn what qualifies and what does not.
Below are answers to common questions about medical malpractice cases in New York City. This page is a starting point—if you need case-specific guidance, call (212) LAWYERS or (212) 344-1000 for a free, confidential consultation.
Prefer to start with a practice-area overview? Visit our Medical Malpractice page.
Medical malpractice involves a departure from accepted standards of care by a healthcare provider that causes patient harm. Learn what qualifies and what does not.
Cases typically require proof of a duty of care, a breach of the standard of care, causation, and damages—often supported by qualified medical experts.
Deadlines can be strict and may vary depending on the facts (including special rules for minors and certain situations). Learn the basics and why timing matters.
Surgical malpractice can involve wrong-site procedures, retained instruments, anesthesia errors, infections from poor sterile technique, and failure to address complications.
A missed or delayed diagnosis can be malpractice when the provider fails to act as a reasonably competent provider would under similar circumstances—and harm results.
In many cases, yes. Liability can extend to hospitals, physicians, nurses, and other providers depending on the facts and relationships involved.
Medical records are typically the core evidence in malpractice claims. An attorney can help request and review relevant records and consult experts when needed.
New York requires a certificate of merit—generally a signed statement from a qualified medical expert supporting the claim—filed early in the case process.
Timelines vary based on complexity, injury severity, and defense strategy. Some cases resolve through settlement, while others require litigation and trial preparation.
Depending on the facts, damages may include medical costs, lost income, reduced earning capacity, and pain and suffering. A lawyer can evaluate the full scope of losses.
If you believe medical negligence harmed you or a loved one, don’t wait. For a free, confidential consultation, call (212) LAWYERS or (212) 344-1000. There are no attorneys’ fees unless we recover compensation for you.
You may also explore our practice areas: Surgical Errors, Misdiagnosis, Hospital Negligence, Birth Injuries, and Wrongful Death.
