What Counts as Medical Malpractice in New York
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care and that deviation causes injury. It is not the same as a bad outcome — medicine carries inherent risk. To prevail, you must prove what a reasonably competent provider would have done, how your provider fell short, and that this failure (not the underlying illness) caused your harm. New York requires a Certificate of Merit signed by a qualified medical expert before most malpractice suits can proceed, underscoring how expert-driven these cases are.
Common Types of Malpractice Claims
Failure to diagnose or delayed diagnosis of cancer, heart attack, or stroke; surgical errors including wrong-site surgery and retained instruments; anesthesia mistakes; medication and pharmacy errors; emergency room negligence; and birth injuries such as cerebral palsy or Erb's palsy caused by mismanaged labor and delivery. Each type demands specialized medical experts, and we work with leading specialists to build your case.
Injured in New York? You may be entitled to compensation for medical bills, lost wages, and pain and suffering. Your case review is free, confidential, and carries no obligation.
New York's Strict Deadlines
New York's statute of limitations for medical malpractice is generally two years and six months from the act of malpractice or the end of continuous treatment for the same condition. "Lavern's Law" extends the clock for failure-to-diagnose cancer cases, running from discovery rather than the original negligence. Claims against public hospitals (like NYC Health + Hospitals facilities) require a Notice of Claim within 90 days. These deadlines are strict and unforgiving, so early action is essential.
Compensation in Malpractice Cases
Because malpractice injuries are often catastrophic and permanent, the damages can be substantial: past and future medical expenses, lost earnings and earning capacity, the cost of lifelong care, pain and suffering, and wrongful death damages for surviving families. We retain top medical experts and life-care planners to prove both liability and the full extent of your losses.
Frequently Asked Questions
You likely have a case if a provider deviated from the accepted standard of care and that deviation — not your underlying condition — caused your injury. A free review with us, followed by expert evaluation, is the way to find out.
Generally two years and six months from the malpractice or the end of continuous treatment, with special rules for cancer misdiagnosis (Lavern's Law) and a 90-day Notice of Claim for public hospitals. Deadlines are strict — act promptly.
New York requires your attorney to file a certificate confirming a qualified medical expert has reviewed your case and believes it has merit before most malpractice suits proceed. We arrange this expert review as part of building your claim.
Ready to talk to a New York attorney? Call 973-566-5599 any time, or request your free case review online. A legal specialist will reach out within the hour.