When medical care falls short, the impact can be life-changing, but you don’t have to face it alone. At Stanley Law Offices, our New York medical malpractice lawyers help injured patients and their families pursue justice and compensation with confidence.
We proudly serve communities across the state, from New York and Syracuse to Rochester, Watertown, Binghamton, and beyond. With deep legal experience and compassionate guidance, we’re here to protect your rights and hold negligent providers accountable.
Your recovery starts today. Get a free consultation, and remember you pay nothing unless we win.
Injured by Medical Negligence in New York? Know Your Legal Options
Medical negligence occurs when a healthcare provider fails to meet the accepted standard of care, resulting in preventable harm to a patient. Under New York law, not every bad medical outcome is malpractice; only when that outcome stems from a breach of duty, it may become legally actionable. To qualify as medical malpractice in New York, your situation must involve:
- A doctor, nurse, or facility failing to follow proper medical protocols.
- A misdiagnosis, delayed diagnosis, or failure to act on test results.
- Surgical mistakes, such as wrong-site procedures or retained instruments.
- Medication errors, including wrong dosage or drug interactions.
- Inadequate monitoring or aftercare that lead to complications.
Hire a Top-Rated New York Medical Malpractice Attorney Today
If you believe you were harmed by medical negligence, don’t wait to protect your rights. Malpractice cases in New York are complex, and the earlier you act, the stronger your case can be. At Stanley Law Offices, our team of top-rated injury lawyers is ready to fight for your justice.
- We bring experience, trusted legal insight, and results-driven representation to every case:
- Decades of success handling complex malpractice lawsuits statewide.
- Free case reviews and no legal fees unless we win your case.
- Aggressive advocacy against hospitals, insurers, and negligent providers.
- A proven track record in New York, Syracuse, Rochester, and Buffalo.
- Clear, responsive communication every step of the way.
Take legal action now. Call us at 1-800-608-3333 or request your free consultation today. Your recovery deserves expert legal support.
How Our Medical Malpractice Lawyers in New York Handle Your Case From Start to Finish
When you’re facing the consequences of medical negligence, you need a legal team that takes care of everything. Our medical malpractice lawyers manage your case from start to finish, giving you peace of mind and the confidence that your voice will be heard.
From the initial investigation to final resolution, we handle the full litigation journey with precision, experience, and compassion. You never have to face complex legal steps alone; our team is with you at every phase.
Pre-File Medical Review and Certificate of Merit
Before filing a medical malpractice lawsuit in New York, your attorney must obtain a Certificate of Merit as required by CPLR §3012-a. This legal document confirms that a qualified medical expert has reviewed your case and believes there’s a reasonable basis for filing a claim.
Our malpractice attorneys consult with board-certified specialists who examine your medical records and provide the expert opinion needed to move forward. This certificate must be submitted with the lawsuit, or the case can be dismissed by the court.
Build the Case: Records, Experts, Documentation
Proving medical malpractice requires more than just an allegation; it demands a detailed, evidence-based case. Our legal team works with medical professionals to build a strong foundation for your claim. We gather and organise:
- Medical records and hospital reports.
- Imaging studies, test results, and lab work.
- Expert witness evaluations and affidavits.
- Doctor notes, nursing logs, and timelines.
- Statements from other healthcare staff.
Each piece helps us demonstrate how the standard of care was breached and how it led to serious harm.
File the Lawsuit and Discovery Process
Once your case is ready, we file a formal complaint in court. The legal discovery process follows, during which both sides exchange evidence and take sworn statements.
Typical steps in this stage include:
- Filing the summons and complaint.
- Responding to motions from the defence.
- Conducting depositions of doctors, nurses, and experts.
- Requesting and producing documents (medical files, internal protocols, etc.)
- Preparing reports and timelines for trial or settlement.
We keep the process moving while protecting your rights throughout each phase.
Support You Through Every Stage of Litigation
Facing a malpractice case can be stressful, but you won’t go through it alone. Our New York malpractice attorneys provide direct support and clear guidance at every turn.
We ensure:
- Frequent case updates and status reports.
- 1:1 access to your attorney when you have questions.
- Clear explanations before hearings, depositions, or mediation.
- Compassionate service that keeps you informed and prepared.
You deserve a legal team that listens, communicates, and stands by your side.
Settlement Negotiations and Trial Representation
While we prepare every case as if it will go to trial, many malpractice claims are resolved through negotiation. Our attorneys pursue strong settlements but are fully ready to take your case to court if needed.
For example, if a hospital offers a low settlement after a surgical error, we will evaluate whether it reflects your full damages and recommend going to trial if necessary.
Our experience in both negotiation and courtroom litigation ensures your case is always positioned for the best possible outcome.
Types of Medical Malpractice Cases We Handle
Medical malpractice takes many forms, and no two cases are exactly alike. At Stanley Law Offices, our medical malpractice lawyers in New York handle a wide range of claims, each requiring a unique legal strategy and deep medical understanding. Whether the harm occurred in a hospital, during surgery, or due to a delayed diagnosis, we bring decades of experience to every case.
Misdiagnosis and Delayed Diagnosis
Failure to diagnose a serious condition or diagnosing it too late can lead to devastating consequences. When a healthcare provider overlooks clear symptoms or misreads test results, the patient may miss a critical window for treatment. This delay can turn a treatable illness into a life-threatening emergency.
For example, a patient misdiagnosed with acid reflux who was actually suffering a heart attack may lose the chance for life-saving intervention. When misdiagnosis results in harm, legal accountability is essential.
Surgical or Anesthesia Errors
Surgical procedures demand precision and coordination. Unfortunately, errors still happen, especially when protocols are ignored or oversight occurs. Common malpractice examples include:
- Wrong-site surgery.
- Retained surgical instruments.
- Anesthesia overdose or allergic reaction.
- Failure to monitor vital signs during surgery.
These incidents often require testimony from expert surgeons or anesthesiologists to prove that the standard of care was violated and caused harm.
Birth Injuries and OB/GYN Negligence
Childbirth should be a moment of joy, but when OB/GYN professionals make mistakes, the consequences can last a lifetime. Errors like delayed C-sections, improper use of forceps, or failing to monitor fetal distress can cause serious conditions such as cerebral palsy, Erb’s palsy, or other permanent disabilities.
One example: oxygen deprivation during delivery may result in a newborn developing cerebral palsy, a condition that affects mobility, development, and quality of life. Our legal team helps families pursue compensation to cover long-term care and support.
Hospital and Emergency Room Mistakes
Hospitals and ERs operate under pressure, but that doesn’t excuse dangerous errors. Malpractice in these settings is often due to systemic issues like understaffing, poor training, or rushed decision-making. These failures can lead to preventable harm.
Consider the difference between a misread X-ray in a busy ER versus improper sanitation protocols in surgery; both are avoidable and can form the basis of a malpractice claim. Hospitals can be held accountable, not just the individual doctors.
Nursing Home Neglect and Abuse
Medical malpractice in nursing homes often involves failure to treat infections, medication mistakes, or neglecting urgent medical needs. Unlike physical abuse cases, these claims are based on failures in clinical care, often due to understaffing or poor oversight.
Proving malpractice requires strong evidence like care logs, nurse schedules, and expert medical review. Our New York nursing home malpractice lawyers focus on holding long-term care facilities accountable when patients are harmed under their supervision.
What Compensation Can You Recover After Medical Malpractice?
Victims of medical malpractice in New York can seek both financial and personal damages to help rebuild their lives. These damages fall into two main categories: economic damages for measurable losses, and non-economic damages for emotional and physical suffering. In tragic cases, families may also pursue wrongful death compensation.
Because New York malpractice laws are complex, working with our experienced medical malpractice lawyer is key to securing the full value of your claim.
Economic Damages: Bills, Lost Income
Economic damages refer to out-of-pocket financial losses you’ve incurred due to medical negligence. This includes:
- Hospital bills and follow-up treatments.
- Rehabilitation and physical therapy.
- Prescription medications and transportation.
- Lost wages and diminished future earning ability.
For example, a patient who cannot return to work after a surgical error may be entitled to ongoing wage replacement and job retraining costs. A malpractice attorney helps document every financial loss to ensure it’s included in your claim.
Non-Economic Damages: Pain and Suffering
- Non-economic damages cover the impact that can’t be measured in dollars, things like:
- Chronic pain or disability.
- Emotional trauma, anxiety, or depression.
- Loss of enjoyment of life or personal independence.
Courts often use the multiplier method or per diem method to estimate these damages. For example, a parent suffering depression after a preventable birth injury may be eligible for compensation beyond medical bills. Because these losses are subjective, skilled legal representation is essential in proving their value.
Wrongful Death Claims and Damage Caps
If medical malpractice leads to a tragic loss of life, New York allows surviving family members to file a wrongful death claim. This can include:
- Funeral and burial expenses.
- Loss of the deceased’s income or benefits.
- Loss of companionship, guidance, and services.
While New York does not impose broad damage caps on medical malpractice claims, wrongful death damages are limited to financial losses, not emotional pain. For instance, a family filing after a fatal anesthesia error could recover the deceased’s lost earnings, but not grief damages.
Not Sure If You Have a Case? Here’s When to Call a Lawyer
If you suspect medical malpractice, don’t wait to contact a New York medical malpractice attorney. Timing matters; delays can hurt your case, limit your options, and make it harder to prove what went wrong. You should reach out to a lawyer immediately if:
- You suffered serious or permanent injuries after medical care.
- You face ongoing treatment, disability, or loss of income.
- Your claim was denied, or you’re unsure how to appeal.
- It’s unclear who was responsible for the harm you experienced.
New York has strict deadlines (statutes of limitations) for filing malpractice claims. Early legal guidance helps protect evidence, clarify liability, and build a stronger case.
The sooner you hire our lawyer, the stronger your case can be.
Who Can File a Medical Malpractice Claim in New York?
Only individuals with legal standing under New York law can file a medical malpractice lawsuit. That usually means the person directly harmed or someone legally representing them.
Whether you’re the injured patient, a parent, or a personal representative of someone who passed away, your ability to file depends on your relationship to the victim. The following sections break down who qualifies in different situations and what rights they have under New York malpractice law.
Who Is Legally Responsible for Medical Negligence?
Medical malpractice responsibility in New York doesn’t rest on doctors alone. Depending on how the harm occurred, multiple parties can be held accountable, either individually or together. That’s why it’s essential to investigate all sources of negligence early in your case. Entities that may be liable include:
- Physicians who misdiagnose, delay treatment, or make surgical errors.
- Nurses who fail to monitor patients or follow medical orders.
- Hospitals that allow unsafe staffing levels or outdated equipment.
- Specialists or anesthesiologists whose specific actions cause harm.
- Clinics or urgent care centres operating without proper oversight.
- Nursing homes where residents suffer preventable medical injuries.
For example, a hospital might be liable for understaffing the ER, while a physician could be responsible for failing to recognize a stroke. In many cases, both may share responsibility.
Knowing who can be sued helps determine how much compensation you can recover, and from whom.
How Our Lawyers Prove Medical Negligence in New York?
To win a medical malpractice case in New York, you must prove four key legal elements.
- Duty: The healthcare provider owed you a legal duty of care as their patient.
- Breach: They failed to meet the accepted medical standard of care.
- Causation: Their mistake directly caused your injury or worsened your condition.
- Damages: You suffered measurable harm, such as physical pain, income loss, or additional treatment.
At Stanley Law Offices, our medical malpractice lawyers in New York build your case with clear evidence, expert opinions, and a deep understanding of these legal standards.
We have decades of experience proving these elements and successfully holding negligent providers accountable throughout New York.
Why Clients Choose Stanley Law Offices: Trusted New York Malpractice Lawyers
With more than 90 years of combined experience, Stanley Law Offices has earned the trust of medical malpractice victims across New York. Our attorneys bring skill, compassion, and persistence to every case, helping patients and families rebuild their lives after medical negligence.
- Proven success in complex cases.
- Deep local knowledge of New York courts and judges.
- Bilingual legal support for clear client communication.
- Personalised representation tailored to each case.
- Direct access to your attorney, not just staff.
- Million-dollar verdicts and settlements statewide.
- Compassionate, client-first approach from start to finish.
FAQs About Medical Malpractice in New York
What is considered medical malpractice in New York?
How do I know if I have a valid malpractice case?
To know if you have a valid malpractice case, you must show medical negligence, injury, and damages. A lawyer can review your records, consult experts, and determine whether your provider’s actions meet the legal threshold for malpractice.
What if I signed a consent form before the procedure?
Signing a consent form does not waive your rights if negligence occurs. Consent covers known risks, but not medical errors or failure to meet the standard of care. You can still file a claim if malpractice caused your injury.
Can I sue a hospital or just the doctor?
Yes, you can sue a hospital or a doctor, depending on who was responsible. In New York, both individual providers and institutions can be held liable if their negligence contributed to your injury or failed to prevent it.
Do I need a lawyer for minor injuries?
How much does a New York medical malpractice lawyer cost?
We usually work on a contingency fee, meaning you pay nothing up front. If you win, the legal fee is typically a percentage of your compensation, capped under New York law.
How long do I have to file a medical malpractice claim in New York?
In New York, you generally have 2 years and 6 months from the date of malpractice to file a claim. Exceptions apply for minors or late discovery. Missing the deadline may prevent you from recovering any compensation.
Start Your Free Medical Malpractice Case Review With Stanley Law Offices
Every medical malpractice case deserves serious attention, whether it involves a patient injury, a family member’s suffering, or a tragic wrongful death. With strict deadlines under New York law, early legal action is essential. At Stanley Law Offices, your consultation is always free, and you pay nothing unless we win.
Schedule your free case review today and take the first step toward justice.
