Medical Malpractice Lawyer Brooklyn

When a healthcare provider’s diagnosis, treatment, or surgical care falls below the accepted standard, the resulting harm can affect a patient’s health, finances, and daily life for years afterward. Medical malpractice claims in New York involve specific legal requirements that differ from typical personal injury cases, including a shorter filing deadline and, in many cases, a requirement that expert medical testimony support the claim. These cases can arise from a missed or delayed diagnosis, a surgical error, a medication mistake, or a failure to obtain informed consent before a procedure.

Because medical malpractice claims often turn on technical medical evidence and testimony from qualified experts, they require careful investigation of the patient’s treatment records and the applicable standard of care. The firm represents patients and families in Brooklyn who have been harmed by medical care that fell below accepted standards, including cases involving hospitals, physicians, and other healthcare providers. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys review medical records, treatment timelines, and the applicable statute of limitations before determining how to proceed with a malpractice claim. Because the deadline for filing a medical malpractice claim in New York is shorter than the deadline for many other personal injury claims, prompt evaluation of a potential claim is important. If you or a family member has been harmed by medical negligence in Brooklyn, call the firm at (888) 437-7747.

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What Medical Malpractice Means in Brooklyn

Brooklyn is home to a number of hospitals and medical facilities serving Kings County, and medical malpractice claims filed by Brooklyn patients are typically brought in Kings County Supreme Court, part of the Second Judicial District. Medical malpractice occurs when a physician, nurse, hospital, or other healthcare provider fails to meet the accepted standard of care and that failure causes harm to a patient. Unlike the three-year deadline that applies to many personal injury claims, medical malpractice claims in New York are governed by a shorter statute of limitations under N.Y. C.P.L.R. § 214-a, which generally requires that a claim be commenced within two years and six months from the act or omission complained of.

Certain circumstances can extend this period, including a discovery rule that applies when a foreign object is left inside a patient’s body, and a continuous-treatment toll that may apply when a patient remains under the ongoing care of the same provider for the same condition. New York law does not specify an alternate fixed period for these extensions beyond the underlying two-year, six-month rule, so their application depends heavily on the specific facts of the treatment involved. As with other personal injury claims, New York’s pure comparative fault rule under N.Y. C.P.L.R. § 1411(a) applies to medical malpractice claims, meaning that a patient’s own conduct, if it contributed to the harm, reduces rather than automatically bars recovery. Because medical malpractice cases require proof that a provider’s care fell below the accepted standard and that the deviation caused the patient’s harm, these claims typically depend on a detailed review of medical records and testimony from a qualified medical expert regarding the standard of care that applied to the treatment at issue.

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 case by gathering and reviewing the patient’s complete treatment records, including physician notes, nursing records, diagnostic imaging, and hospital documentation, to establish a clear timeline of the care provided. Because these claims require proof that a provider’s treatment fell below the accepted standard of care, the firm considers whether the facts support consultation with a qualified medical expert who can address the standard of care and whether it was met.

The firm also calculates the applicable statute of limitations under N.Y. C.P.L.R. § 214-a early in the process, since this deadline is shorter than the general personal injury limitations period and since determining whether a foreign-object discovery rule or a continuous-treatment toll might apply requires a careful review of the treatment history. Where a claim involves multiple providers, such as a physician and a hospital, or a surgeon and an anesthesiologist, the firm evaluates the role each provider played in the patient’s care. Because medical malpractice cases often involve complex medical records and technical terminology, the firm devotes significant attention to organizing and reviewing this documentation before determining how a claim should proceed. In cases involving a fatal outcome, the firm also considers the distinct legal framework that applies to wrongful death claims arising from medical malpractice, including the deadlines and types of damages available under New York law. Each medical malpractice case depends on the specific treatment provided, the medical records available, and the standard of care that applied to the patient’s condition.

Mr. Sris, Owner and Founder of the firm, founded the firm in 1997 and has practiced law since that time. Before founding the firm, he served as a former prosecutor, an experience that informs how the firm investigates the facts underlying a claim. Mr. Sris also brings a background from George Mason University in accounting and information systems, which he applies to complex financial and technology-related cases, including matters involving detailed medical billing records and technical documentation relevant to a medical malpractice claim. He is admitted to practice law individually in Virginia, Maryland, the District of Columbia, New Jersey, and New York.

The firm’s Of Counsel attorneys bring additional experience to the practice, and Mr. Sris and the firm’s Of Counsel attorneys work together to evaluate medical malpractice claims arising in Brooklyn and throughout Kings County. This process includes reviewing medical records, identifying the applicable statute of limitations, and considering whether expert testimony regarding the standard of care will be needed to support a claim. The firm does not guarantee a particular outcome in any medical malpractice matter, and results depend on the specific facts and medical evidence involved in each case. Clients can expect the firm to review the relevant treatment records and applicable deadlines before determining how to proceed with a malpractice claim.

Frequently Asked Questions

What counts as medical malpractice in New York?

Medical malpractice occurs when a physician, nurse, hospital, or other healthcare provider fails to provide care that meets the accepted standard for that type of treatment, and that failure causes harm to the patient. Examples can include a missed or delayed diagnosis, a surgical error, a medication error, or a failure to properly monitor a patient’s condition during treatment. Not every unfavorable medical outcome constitutes malpractice, since medicine involves inherent risks and uncertainties even when a provider meets the accepted standard of care. Establishing malpractice generally requires evidence, often through a qualified medical expert, that the provider’s care deviated from what a reasonably careful provider would have done under similar circumstances, and that this deviation caused the patient’s injury.

How long do I have to file a medical malpractice claim in Brooklyn?

Medical malpractice claims in New York generally must be commenced within two years and six months from the act or omission complained of, under N.Y. C.P.L.R. § 214-a. This deadline is shorter than the three-year period that applies to many other personal injury claims. Certain circumstances can extend this period, including a discovery rule that applies when a foreign object is left in a patient’s body, and a continuous-treatment toll that may apply when the patient remains under the same provider’s ongoing care for the same condition. Because these extensions depend heavily on the specific facts of the treatment provided, and because the deadline for a malpractice claim can pass quickly, prompt evaluation of a potential claim is important.

Does my own conduct affect a medical malpractice claim?

New York applies a pure comparative fault rule under N.Y. C.P.L.R. § 1411(a), meaning that a patient’s own conduct, such as failing to follow post-treatment instructions, does not automatically bar recovery. Instead, any damages awarded are reduced in proportion to the patient’s own share of responsibility, if any, for the resulting harm. This rule applies generally to personal injury claims in New York, including medical malpractice claims. Evaluating whether and to what extent a patient’s own conduct contributed to a poor outcome requires a careful review of the treatment provided, the instructions given to the patient, and the medical records documenting the course of care.

What happens if a family member dies as a result of medical malpractice?

When medical malpractice results in a patient’s death, New York generally requires a wrongful death action be commenced within two years of the date of death, under N.Y. E.P.T.L. § 5-4.1, brought by the decedent’s personal representative on behalf of the distributees. Certain circumstances may toll or otherwise affect this period. Damages in a wrongful death action are limited to pecuniary losses under N.Y. E.P.T.L. § 5-4.3, such as medical and funeral expenses and statutory interest from the date of death, and do not include grief, anguish, or loss of companionship, which New York law does not permit. When the underlying conduct involves medical or dental malpractice, N.Y. E.P.T.L. § 5-4.3(c) further provides that evidence of the decedent’s income taxes is admissible and considered in calculating the pecuniary loss available for the beneficiaries’ support.

Will my medical malpractice case require expert testimony?

Most medical malpractice cases in New York require testimony from a qualified medical expert to establish the accepted standard of care, explain how the provider’s treatment deviated from that standard, and connect that deviation to the patient’s injury. Because these cases involve technical medical evidence, expert review of the treatment records is typically an important part of evaluating whether a viable claim exists. The specific type of expert needed often depends on the medical specialty involved in the alleged malpractice, such as surgery, obstetrics, emergency medicine, or diagnostic radiology. Reviewing the complete medical record is generally a necessary first step before determining whether expert support for a claim is available.

The same rules apply outside Brooklyn, and our page on medical malpractice claims across New York walks through each stage.