Medical Malpractice Lawyers Serving New York City & Long Island

Under CPLR 214-a, a medical malpractice lawsuit in New York generally must be filed within two years and six months of the negligent act or omission. Several exceptions can change that date. If you kept treating with the same provider for the same condition, the clock may not start until that treatment ends. Different rules apply to foreign objects left in the body, missed cancer diagnoses, injured children, and claims against public hospitals. Because these exceptions are technical and the deadline is strict, it is wise to have the timeline reviewed as early as possible.

A patient generally must prove two things. First, that the doctor, nurse, or hospital departed from accepted medical practice, meaning they did something a reasonably careful provider would not have done, or failed to do something one would have done. Second, that this departure was a substantial factor in causing the injury. Both points are usually established through testimony from qualified medical experts who review the records. A bad outcome by itself is not malpractice; the question is whether the care fell below the accepted standard and caused harm.

No. Unlike many states, New York does not place a statutory cap on the amount a jury may award for pain and suffering or other damages in a medical malpractice case. That does not mean every verdict stands as awarded; trial and appellate courts can reduce awards they find excessive compared with similar cases. Recoverable damages may include past and future medical expenses, lost earnings, and pain and suffering, depending on the facts. Each case is evaluated on its own injuries, proof, and circumstances.

Generally, yes. CPLR 3012-a requires the plaintiff's attorney to file a certificate of merit with the complaint, stating that the attorney has reviewed the facts and consulted with at least one licensed physician who believes there is a reasonable basis for the lawsuit. There are limited exceptions, such as when the deadline is about to expire, which allows the certificate to be filed later. This requirement is one reason medical malpractice cases begin with a careful review of the medical records by a qualified physician.

Most New York medical malpractice attorneys work on a contingency fee, meaning there is no fee unless money is recovered. Judiciary Law § 474-a limits the fee in medical malpractice cases using a sliding scale: the percentage the attorney may charge decreases in steps as the recovery increases. This cap is set by law and is different from the fee arrangements in other personal injury cases. Case expenses, such as expert review and record costs, are handled under the written retainer agreement, which should explain them clearly.