A Shorter Statute of Limitations
Medical malpractice claims in New York must be filed within two years and six months of the date of malpractice. This window is shorter than most personal injury claims. If you suspect medical negligence, contact our attorneys promptly — waiting can cost you your right to recover.
Types of Medical Malpractice We Handle
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care and causes patient harm. Our attorneys handle:
- Emergency room errors and delayed treatment
- Surgical errors — wrong site, wrong procedure, retained surgical instruments
- Medication mistakes — wrong drug, wrong dosage, dangerous drug interactions
- Anesthesia complications
- Misdiagnosis or failure to diagnose a condition
- Delayed diagnosis of cancer, stroke, heart attack, or other serious conditions
- Birth injuries — injuries to mother or child during labor and delivery
What You Must Prove
Medical malpractice claims require proving four elements:
- Professional relationship: A doctor-patient relationship existed, creating a duty of care.
- Negligence: The provider deviated from the accepted standard of care in the medical community.
- Causation: The negligence directly caused your injury.
- Damages: You suffered measurable harm as a result.
These cases require expert medical testimony and thorough investigation. Our attorneys work with qualified medical experts to evaluate and build your claim.
Compensation Available
A successful medical malpractice claim can recover:
- Medical bills for treatment of the malpractice-related injury
- Lost wages and reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
Filing Deadlines
New York medical malpractice claims must generally be filed within two years and six months from the date of the malpractice. Limited exceptions include:
- Foreign objects left in the body — the clock runs from when you discovered or should have discovered the object
- Continuous treatment — the limitations period may be tolled while you remain under the care of the negligent provider
Given the shorter statute of limitations, contact our attorneys as soon as you suspect medical negligence.