Below are quick answers to common questions we hear from patients and families across NYC. For case-specific guidance, call (212) LAWYERS or (212) 344-1000.
Medical malpractice is a departure from accepted standards of medical care by a doctor, hospital, or healthcare provider that causes harm to a patient.
It can involve misdiagnosis, delayed diagnosis, improper treatment, failure to treat, medication errors, lack of follow-up, and other preventable mistakes.
Learn more on our Medical Malpractice page.
Medical experts review records, determine the standard of care, and provide testimony explaining how the provider deviated from that standard and caused harm.
Yes, in many cases medical malpractice claims are brought against both the hospital and the specific healthcare provider. Your attorney will evaluate all responsible defendants.
A known risk acknowledged in a consent form does not automatically mean there was no malpractice. If the care fell below accepted standards, you may still have a claim.
Yes, medical records are typically the core evidence in malpractice claims. Your attorney will help you obtain and analyze all relevant records.
New York requires a certificate of merit which is a signed statement from a medical expert supporting your claim. It must be filed early in the case.
Generally, a claimant must show: (1) a provider-patient relationship and duty of care, (2) a breach of the accepted standard of care, (3) an injury, and (4) that the breach was a proximate cause of the injury and damages. Medical experts are often required to evaluate and explain the standard of care.
The first step is to consult an experienced medical malpractice attorney. Your attorney can help obtain and review medical records and consult appropriate medical experts to evaluate whether negligence occurred.
Timelines vary by case complexity, injuries, and the defense strategy. Malpractice cases may not inherently take longer than other injury matters, but hospitals and insurers often fight aggressively and may try to delay resolution.
A claim may include compensation for medical expenses related to the injury, pain and suffering, and financial losses such as lost wages and reduced earning capacity. The appropriate damages depend on the facts of the case and the medical harm involved.
Surgical malpractice is negligence or substandard care during surgery or post-operative treatment that causes harm—such as wrong-site surgery, leaving a foreign object inside the body, failing to follow proper procedures, or failing to recognize complications.
Examples include wrong-site surgery, retained sponges or instruments, anesthesia errors, infections from poor sterile technique, improper suturing, and failure to diagnose complications like internal bleeding, infection, blood clots, or organ injury.
In New York, the statute of limitations is generally 2.5 years (30 months) from the date of the malpractice, but exceptions may apply depending on the situation—including cases involving foreign objects, delayed discovery in limited circumstances, and minors.
