Medical Malpractice Lawyer New York
When a doctor, nurse, hospital, or other healthcare provider departs from the accepted standard of care and causes harm as a result, the patient who suffers that harm may have grounds for a medical malpractice claim in New York. These cases differ from many other personal injury matters because they require proving not just that an injury occurred, but that the provider’s care fell below what a reasonably careful practitioner in the same field would have provided under similar circumstances, and that this departure from the standard of care actually caused the harm involved. Medical malpractice claims can arise from a delayed or missed diagnosis, a surgical error, medication mistakes, birth-related injuries, or a failure to obtain informed consent, among other scenarios. Because these claims typically require detailed medical records and expert evaluation to establish both the standard of care and the causal connection to the injury, they are among the more document-intensive personal injury matters. Law Offices Of SRIS, P.C. reviews the facts of medical malpractice claims for patients and families throughout New York. If you believe a healthcare provider’s negligence caused you or a family member harm, call (888) 437-7747 to discuss your situation.
What Medical Malpractice Claims Mean in New York
A medical malpractice claim in New York requires establishing the applicable standard of care for the type of treatment involved, showing that the provider’s conduct fell below that standard, and connecting that departure to the harm the patient suffered. Because the standard of care is typically outside the knowledge of a layperson, these claims almost always require expert testimony to explain what a reasonably careful provider would have done and how the defendant’s conduct differed from that standard.
Medical malpractice claims in New York are subject to a distinct limitations period under N.Y. C.P.L.R. § 214-a, which generally requires an action to be commenced within two years and six months of the act, omission, or failure complained of, rather than the three-year period that applies to most other personal injury claims. This shorter period makes prompt evaluation of a potential claim particularly important. Certain circumstances can affect when this period runs: a discovery-rule extension applies where the malpractice involved a retained foreign object left in the patient’s body, and a continuous-treatment doctrine can toll the period while the patient remains under the ongoing care of the same provider for the condition related to the alleged malpractice. Because these exceptions are fact-specific and narrowly applied, anyone with a potential claim should not assume an exception applies without having the facts reviewed.
Where a claim involves comparative fault issues, New York’s general comparative fault rule under N.Y. C.P.L.R. § 1411(a) applies to medical malpractice claims, meaning fault attributable to the patient reduces recoverable damages proportionally rather than barring recovery outright, since medical malpractice claims are not personal injury actions subject to Insurance Law article 51. Where a patient’s death results from alleged malpractice, a wrongful death claim may also be available under N.Y. E.P.T.L. § 5-4.1, generally requiring commencement within two years of the date of death, with damages limited to the pecuniary injuries described in N.Y. E.P.T.L. § 5-4.3.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Medical Malpractice Cases
Mr. Sris and the firm’s Of Counsel attorneys begin a medical malpractice matter by obtaining and closely reviewing the complete medical record relevant to the care at issue, including physician notes, nursing records, diagnostic imaging, laboratory results, and any relevant hospital policies or protocols. Establishing the applicable standard of care and identifying where the treatment departed from it typically requires working with qualified medical experts who can evaluate the record and explain, in terms a court and jury can understand, what a reasonably careful provider would have done differently.
Because medical malpractice claims carry a shorter limitations period than most personal injury claims, the firm prioritizes early evaluation of the applicable deadline, including whether a continuous-treatment or foreign-object exception may apply to the facts presented. The firm also works to identify every healthcare provider or facility that may bear responsibility, since malpractice claims frequently involve more than one provider across a course of treatment.
Mr. Sris and the firm’s Of Counsel attorneys communicate with insurers and opposing counsel throughout the matter, working toward a resolution while preparing the case for litigation where the facts warrant it. Given the technical and document-intensive nature of these cases, the firm keeps clients informed as records are gathered and expert review proceeds.
About the Firm
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced law since founding the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background in accounting and information systems from George Mason University supports his approach to the detailed medical documentation and complex damages calculations common in medical malpractice litigation. Mr. Sris and the firm’s Of Counsel attorneys concentrate in medical malpractice and personal injury matters throughout New York. The firm’s Of Counsel attorneys contract directly with the firm and bring additional experience to these cases. Patients and families who believe negligent medical care caused harm may request a consultation to discuss a potential claim by calling (888) 437-7747.
Frequently Asked Questions
How long do I have to file a medical malpractice claim in New York?
Medical malpractice claims are generally subject to a two-year-and-six-month period under N.Y. C.P.L.R. § 214-a, running from the act, omission, or failure complained of. A discovery-rule extension can apply for a retained foreign object, and a continuous-treatment doctrine can toll the period in certain circumstances, so the applicable deadline should be reviewed promptly.
What do I need to prove in a medical malpractice case?
A claim generally requires establishing the applicable standard of care, showing the provider’s conduct fell below that standard, and connecting that departure to the harm suffered. Expert testimony is typically necessary to establish these elements.
Does comparative fault apply to a medical malpractice claim?
Yes. Medical malpractice claims are subject to the general comparative fault rule under N.Y. C.P.L.R. § 1411(a), meaning fault attributed to the patient reduces recoverable damages proportionally, since these claims are not personal injury actions subject to Insurance Law article 51.
What is the continuous-treatment doctrine?
It is a doctrine that can toll the medical malpractice limitations period while a patient remains under the ongoing care of the same provider for the condition related to the alleged malpractice. Whether it applies depends closely on the specific facts of the treatment relationship.
Can a family bring a claim if malpractice caused a death?
Yes, a wrongful death claim may be available under N.Y. E.P.T.L. § 5-4.1, generally requiring commencement within two years of the date of death. Damages in that claim are limited to the pecuniary injuries described in N.Y. E.P.T.L. § 5-4.3, and grief or loss of companionship is not a recoverable element under that statute.
Do I need an expert witness for a medical malpractice case?
Expert testimony is generally necessary to establish the applicable standard of care and to explain how the provider’s conduct departed from it, since these issues are typically outside the knowledge of a layperson or a jury without that guidance.
Related Pages
Wrongful Death Lawyer New York |
Failure to Warn Lawyer New York |
Negligence Lawyer New York |
How Long Do I Have to File a Personal Injury Claim in New York |
Statute of Limitations for Personal Injury in New York
This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.
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A medical malpractice claim is one part of a wider personal injury practice, and our page on personal injury lawyer New York covers how these claims are handled.