New York Medical Malpractice Lawyer

How long do I have to sue for medical malpractice in New York?

Generally 2 years and 6 months from the malpractice. If you kept treating with the same provider for the same condition, the clock may not start until that continuous treatment ends.

The continuous treatment rule exists so patients do not have to sue a doctor they are still relying on. It applies only when treatment for the same condition is ongoing and both sides expect it to continue. Routine checkups or unrelated visits usually do not extend the deadline. Because the rule turns on medical records and appointment history, we review the whole course of care before deciding which date controls.

New York also has a special discovery-based rule for certain failures to diagnose cancer or a malignant tumor, and a separate rule for foreign objects left in the body after surgery. Both have their own limits, and both should be reviewed quickly with an attorney.

Does New York cap damages in malpractice cases?

No. New York has no general cap on pain and suffering in medical malpractice cases. Juries decide the amount, though trial and appellate courts can reduce an award they consider excessive.

Large malpractice awards can also be paid in part over time under special rules for future damages, rather than all at once. That structure can matter when planning for long-term care, such as for a child with a birth injury. Our birth injury page explains how future care costs are proven.

What must happen before a New York malpractice lawsuit is filed?

Your attorney generally must certify, when the lawsuit is filed, that the case was reviewed with a qualified physician who believes it has merit. There is no review panel, but the expert work starts before filing.

That review is more than a formality. A strong malpractice case needs an expert who can explain the accepted standard of care, how the provider departed from it, and how that departure caused harm. The defense will have its own experts. Complete records, including nursing notes, monitor strips, imaging and medication logs, are essential, and some records must be requested from several facilities.

What if the hospital is run by the city or the state?

Public hospitals bring different deadlines. Claims against city-run public hospitals generally require a notice of claim within 90 days of the malpractice, and the lawsuit must follow within a much shorter time than the usual 2 years and 6 months.

Claims against hospitals operated by the State of New York, such as some university medical centers, generally go to the Court of Claims with their own notice requirements. Federal facilities, including veterans hospitals and some community health centers, follow federal claim rules. Many patients do not know which kind of hospital treated them, so we confirm ownership first. See our government and public property claims page.

How does comparative fault affect a malpractice award?

New York's pure comparative fault rule applies, so a patient's own share of fault reduces the award without barring it. Defense lawyers often point to missed appointments, ignored instructions or incomplete histories.

For example, a patient with chest pain is sent home from an emergency room without proper testing and suffers a heart attack two days later. The patient also delayed returning despite worsening symptoms. A jury values the harm at $1,200,000, finds the hospital 75% at fault and the patient 25%. The patient recovers $900,000. Because New York has no cap, the full reduced amount stands, subject to the court's review.

What errors lead to the most New York malpractice claims?

Diagnostic errors and failures to act on test results are among the most common. Busy emergency departments, hospital transfers and fragmented specialist care all create risk.

• Missed or delayed diagnosis of cancer, stroke, sepsis and heart attack
• Surgical errors and retained objects
• Labor and delivery mistakes
• Medication errors, including wrong dose and dangerous combinations
• Falls and pressure injuries in hospitals and nursing homes, see our nursing home abuse page

If you suspect an error, request your records and write down a timeline of symptoms, calls and visits. Avoid signing anything from the provider's insurer, and keep any letters the hospital sends you about the care. Our New York injury overview explains how other claims in the state work. We offer a free case review, and you pay no fee unless we recover compensation.