Medical Malpractice Lawyer NYC

A bad outcome is not malpractice. What makes a case is proof that a competent practitioner would have acted differently, and that the difference caused your injury. In New York that proof requires supporting physician experts in the same specialty, and it must be brought within two years and six months — considerably shorter than the ordinary three-year rule.

• Failure to diagnose cancer, stroke, heart attack, sepsis or spinal emergencies.
• Surgical errors, wrong-site surgery and retained foreign objects.
• Emergency department failures and premature discharge.
• Birth injuries including hypoxic brain injury, shoulder dystocia and delayed caesarean.
• Anaesthesia errors and medication or dosing mistakes.
• Hospital and nursing negligence, including nursing home neglect.
• Missed cauda equina and delayed decompression causing paralysis.

1. Obtain the complete chart — including nursing notes, imaging and electronic audit trails.
2. Independent specialist review of whether the standard of care was met.
3. Causation analysis: would earlier or correct treatment have changed the outcome?
4. Damages assessment covering future care, lost earnings and pain and suffering.
5. Certificate of merit and filing within the statutory period.

Thirty months from the malpractice, or from the end of continuous treatment for the same condition. Retained foreign objects run from discovery. Lavern's Law allows certain cancer misdiagnosis claims to run from discovery. Claims against public hospitals require a notice of claim within 90 days. Children's claims can be extended, with limits.

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