New York Medical Malpractice Lawyers
Holding Negligent Doctors and Hospitals Accountable
In New York, patients harmed by negligent doctors, nurses, or hospitals have powerful rights under the law.
At the Law Offices of Michael H. Joseph, PLLC, our New York medical malpractice lawyers represent patients and families whose trust in the medical system was betrayed. We’ve spent decades fighting for people injured by preventable mistakes, and we know how to take on hospitals, doctors, and insurance companies to get real results.
Are You a Victim of Medical Malpractice in New York?
If a doctor, nurse, or hospital failed to meet accepted standards of care, and you were injured as a result, you may have a medical malpractice claim. These cases allow patients to hold healthcare providers accountable for errors that never should have happened.
Common Types of Medical Malpractice
- Misdiagnosis or delayed diagnosis
- Surgical errors, including wrong-site or retained instruments
- Birth injuries caused during labor or delivery
- Medication and anesthesia errors
- Emergency room mistakes
- Failure to order or interpret necessary tests
- Contra-Indicated Medications
- Failure to Render Emergent Care
- Failure to timely treat infections and sepsis
Proving Medical Malpractice
New York law requires showing that a healthcare provider deviated from accepted standards of care, and that this deviation directly caused injury. Medical expert testimony is almost always required to prove negligence.
Who Can Be Held Liable for Malpractice
Doctors, nurses, hospitals, anesthesiologists, radiologists, and other healthcare providers may all share responsibility depending on the circumstances of the case.
What New York Law Means for Medical Malpractice Recovery
In New York, injured patients may recover full personal injury damages when medical negligence causes harm. Unlike some states, New York does not cap damages in malpractice cases.
Your Right to Full Personal Injury Damages
Victims can recover compensation for medical costs, lost wages, pain and suffering, long-term care, and loss of quality of life.
Economic and Non-Economic Losses
Claims include both financial damages (like hospital bills and future earnings) and non-economic losses (like emotional distress and disability).
No Damage Caps in New York
Unlike many states, New York law does not limit the amount of damages recoverable in medical malpractice lawsuits.
- Call (212) 858-0503 to speak with a New York medical malpractice lawyer today.
“Patients put their trust in doctors. When that trust is broken, we fight to make things right.”
Understanding Medical Malpractice in New York
In New York, medical malpractice claims remain very real and serious. Between 2012 and 2022, nearly 16,000 medical malpractice lawsuits were filed statewide. That’s approximately 19 cases per 10,000 residents. In NYC, the public hospital system (H+H) alone saw 398 malpractice claims filed in FY 2023, costing about $51.5 million in payouts. While claims have trended down over recent years, particularly compared to numbers a decade ago, the financial and human stakes remain high. New York has also averaged more than $400,000 per settlement in many malpractice cases, with some high-profile verdicts and judgments pushing that much higher in cases of severe, lifelong injury.
Why Medical Errors Happen
- Overworked or understaffed hospitals
- Inadequate communication among providers
- Misuse of electronic health records
- Failure to follow established safety protocols
Common Medical Malpractice Injuries
- Brain damage from oxygen deprivation
- Cerebral palsy and Erb’s palsy at birth
- Organ damage during surgery
- Severe infections or sepsis from poor post-op care
- Medication overdoses or adverse drug interactions
Behind each claim is a patient whose trust in their provider was shattered.
Who Is Liable for Medical Malpractice in New York?
Determining liability in a medical malpractice case isn’t always straightforward. A single patient’s care may involve multiple providers, from doctors and nurses to hospitals, labs, and outside specialists. Under New York law, any individual or institution that failed to meet the accepted standard of care, and caused injury as a result, can be held legally responsible.
Doctors and Specialists
Physicians who fail to diagnose, treat, or operate within accepted standards of care can be held accountable.
Nurses and Staff
Negligence by nurses, anesthesiologists, or other staff may also create liability for malpractice injuries.
Hospitals and Clinics
Hospitals can be sued for failing to hire qualified staff, not maintaining safe policies, or allowing unsafe practices to continue.
Third-Party Providers
Labs, imaging centers, or outsourced testing facilities may also share responsibility if their mistakes harmed a patient.
Compensation Available in a New York Medical Malpractice Case
Medical Expenses
Covers hospitalizations, surgeries, follow-up care, rehabilitation, and future treatment needs caused by the malpractice.
Lost Wages and Earning Capacity
Victims may be entitled to damages for missed work and diminished earning potential due to long-term disability.
Pain and Suffering
Includes physical pain, emotional distress, loss of enjoyment of life, and long-term psychological effects.
Wrongful Death Damages
If malpractice results in death, surviving family members may pursue damages for funeral costs, loss of financial support, and loss of companionship.
How Our New York Medical Malpractice Lawyers Can Help
Medical malpractice cases are complex, often requiring expert witnesses, detailed medical records, and aggressive litigation. Our firm has the resources and experience to stand up to hospitals and insurers.
- Investigate your case with medical experts and specialists
- Gather evidence from hospital records, witness testimony, and medical charts
- Negotiate strongly with healthcare providers and their insurers
- Take your case to trial if that’s what it takes to secure justice
With offices in Manhattan and White Plains, we represent patients across New York City and Westchester County.
Why Choose the Law Offices of Michael H. Joseph?
- Decades of Experience: Over 20 years of malpractice litigation.
- Proven Results: Millions recovered in settlements and verdicts.
- Local Advantage: Offices in NYC and White Plains for accessible representation.
- Client-Focused Care: We prioritize our clients’ recovery and well-being while fighting for their rights.
Frequently Asked Questions About Medical Malpractice in New York
How long do I have to file a medical malpractice lawsuit in New York?
Generally, you have two years and six months from the date of the malpractice, or from the end of continuous treatment by the same provider, to file a claim. Exceptions apply in cases involving minors or foreign objects left in the body.
What if my doctor made a mistake, but I wasn’t harmed?
A malpractice claim requires both negligence and injury. If there was no harm, there is usually no valid claim. However, you may still have grounds for a complaint to a licensing board.
How much is my medical malpractice case worth?
It depends on the severity of your injury, your medical costs, your ability to work, and the long-term impact on your life. Because New York has no damage caps, awards can be substantial in serious cases.
Do I need an expert witness to file a malpractice claim?
Yes. New York requires a “certificate of merit,” which means a qualified medical expert has reviewed your case and believes malpractice occurred.
What if the hospital tries to cover up the mistake?
Unfortunately, hospitals sometimes fail to disclose errors. An experienced attorney can obtain medical records, depose staff, and work with experts to uncover negligence even when providers try to hide it.
Can I sue for birth injuries caused by medical negligence?
Yes. Birth injury claims, including cerebral palsy, Erb’s palsy, and brain injuries from oxygen deprivation, are common forms of malpractice. These cases often involve lifelong care needs, making damages significant.
Can I sue both the doctor and the hospital for malpractice?
Yes. In many cases, both the individual provider and the hospital or clinic may be liable. For example, if a doctor makes a surgical error, the doctor may be personally responsible, but the hospital could also be liable for failing to supervise or for employing unsafe policies. An experienced attorney will investigate all potential defendants to maximize recovery.
What damages can be recovered in a medical malpractice case?
Medical malpractice damages in New York include past and future medical expenses, lost wages, loss of earning capacity, and pain and suffering. In cases of permanent disability or birth injury, damages may also include long-term care costs, home modifications, and loss of enjoyment of life. Because there are no damage caps in New York, awards reflect the full impact of the malpractice.
How long do malpractice cases take to resolve?
Medical malpractice cases are often complex and can take several years to resolve. They typically involve extensive discovery, depositions, and expert testimony. Some cases settle before trial, but others proceed to a jury verdict. While the timeline can feel long, pursuing the case is often the only way to secure the resources needed for lifelong care.
Take Action Today
If you or a loved one was injured by medical malpractice in New York City or White Plains, don’t wait. The sooner you act, the stronger your case will be.
Call the Law Offices of Michael H. Joseph, PLLC, at (212) 858-0503