Medical Malpractice in New York? Get the justice and compensation you deserve. Call Attorney Michael Siddons for a FREE consultation: (610) 255-7500. No fee unless we win.

Experienced Medical Malpractice Lawyer in New York

Medical malpractice in New York affects thousands of patients each year. New York’s healthcare system is one of the largest in the country, and with that volume comes a significant number of preventable medical errors. From major hospital systems in New York City to community hospitals on Long Island, negligent medical care causes devastating injuries. Attorney Michael Siddons fights for New York patients who have been harmed by healthcare providers who failed to meet the standard of care.

New York Medical Malpractice Laws

New York medical malpractice law has several important provisions. The statute of limitations is two and a half years (30 months) from the date of the malpractice, or from the end of continuous treatment by the same provider. The “continuous treatment doctrine” can extend the filing deadline if you were still being treated by the negligent provider. For foreign objects left in the body, you have one year from discovery. New York does not cap economic damages but does require that future damages exceeding $250,000 be paid as periodic (structured) payments rather than a lump sum (CPLR §5031-5039). New York follows pure comparative negligence, so you can recover even if partially at fault. A Certificate of Merit from a medical expert is required. New York also has a specific statute for lack of informed consent claims (Public Health Law §2805-d).

Types of Medical Malpractice Cases We Handle

We handle all types of medical malpractice cases in New York including surgical errors and never events, misdiagnosis and failure to diagnose cancer, birth injuries (cerebral palsy, brain damage, Erb’s palsy), anesthesia errors and complications, emergency room misdiagnosis and delayed treatment, hospital-acquired infections, medication and prescription errors, failure to obtain informed consent, radiology and laboratory diagnostic errors, psychiatric malpractice, and nursing home medical negligence. We retain board-certified experts in each relevant specialty.

Compensation Available in New York Medical Malpractice Cases

New York medical malpractice victims may recover past and future medical expenses, lost earnings and diminished earning capacity, pain and suffering, loss of enjoyment of life, and loss of consortium. New York does not cap total damages, but future damages exceeding $250,000 must generally be structured as periodic payments. Under pure comparative negligence, your recovery is reduced by your percentage of fault but never completely barred. In cases involving particularly reckless conduct, punitive damages may also be available.

Frequently Asked Questions

What is the statute of limitations for medical malpractice in New York?

Two and a half years (30 months) from the date of the malpractice or from the last date of continuous treatment by the same provider. For foreign objects left in the body, one year from discovery. For minors, special rules may extend the deadline.

Does New York cap medical malpractice damages?

New York does not cap the total amount of damages. However, future damages exceeding $250,000 must typically be paid as structured periodic payments rather than a lump sum. There is no cap on past damages, pain and suffering, or lost wages.

What is the continuous treatment doctrine?

If you continued receiving treatment from the same provider who committed the malpractice, the statute of limitations may not begin to run until that treatment relationship ends. This can extend your filing deadline significantly. An attorney can evaluate whether this doctrine applies to your case.

Do I need an expert to file a medical malpractice case in NY?

Yes. New York requires a Certificate of Merit from a qualified medical expert supporting your claim. Expert testimony is also essential at trial to establish the standard of care and how it was breached. Attorney Siddons works with leading medical experts.

What is a “never event” in medical malpractice?

Never events are medical errors so serious they should never happen — such as operating on the wrong body part, leaving surgical instruments inside a patient, or performing surgery on the wrong patient. These cases often involve clear liability and can result in substantial compensation.

Ready to Fight for Your Rights? Contact Siddons Law Firm today for your FREE medical malpractice consultation. Call (610) 255-7500. We serve all of New York. No fee unless we win.