New York City Medical Malpractice Lawyer
Medical errors cause serious harm to thousands of New York patients every year. When a doctor, hospital, or other healthcare provider falls below the accepted standard of care, the consequences can range from a worsened medical condition to permanent disability or death. A New York City medical malpractice lawyer at Cohan Law Firm investigates what went wrong, identifies who is responsible, and pursues the full compensation the injured patient deserves. We have recovered over $100 million for accident and injury victims across NYC, and we bring that same commitment to complex medical negligence cases.
What Actually Qualifies as Medical Malpractice in New York
Not every bad medical outcome is malpractice. A patient can die despite receiving proper care, and a surgery can have complications even when performed correctly. What separates a malpractice claim from an unfortunate outcome is whether the provider deviated from the standard of care that a reasonably competent medical professional would have provided under the same circumstances.
Proving that deviation requires more than a patient’s testimony. New York law requires a medical expert to review the records and attest that the provider’s conduct fell below accepted standards. That expert opinion is the foundation of the case, and choosing the right expert for the specific specialty involved matters enormously.
Some of the most common situations where malpractice claims arise include surgical errors, misdiagnosis or delayed diagnosis of cancer and other serious conditions, medication errors including wrong dosage or wrong drug, failure to monitor a patient’s condition during or after a procedure, birth injuries caused by improper management of labor and delivery, and anesthesia errors. Emergency rooms across Brooklyn, the Bronx, Manhattan, and Queens generate a significant share of these cases, where fast-moving environments and shift changes can lead to critical information being missed.
The Damage a Misdiagnosis or Delayed Diagnosis Can Cause
Diagnostic failures deserve particular attention because they are among the most common types of medical negligence and among the most devastating. A cancer diagnosed six months too late may have progressed from a treatable stage to a terminal one. A stroke misread as a migraine can result in permanent neurological damage that a prompt intervention would have prevented.
In New York City’s hospital system, patients move through crowded emergency departments and busy outpatient clinics where providers are under pressure to evaluate quickly and move on. That pressure does not excuse a failure to order the right tests, follow up on abnormal results, or refer a patient to a specialist when symptoms warrant it.
When a delayed or missed diagnosis is at the center of a claim, the legal question is not whether the final diagnosis was wrong. The question is whether a reasonably careful provider, evaluating the same patient with the same information, would have reached the correct conclusion sooner. If the answer is yes, and if earlier diagnosis would have changed the outcome, there is a viable malpractice claim.
Statute of Limitations and the Discovery Rule in New York Malpractice Cases
New York gives malpractice plaintiffs two and a half years from the date of the negligent act to file a lawsuit. That deadline is strictly enforced. Missing it bars the claim entirely, regardless of how strong the underlying evidence is.
There are limited exceptions. When a foreign object is left inside a patient’s body, the clock does not start until the patient discovered or reasonably should have discovered the object. For children, the statute of limitations does not begin to run until the child turns eighteen, though there are caps on that extension depending on the circumstances.
There is also a continuous treatment rule. When the same provider is treating a patient for the same condition, the statute of limitations may not start until the treatment ends. This rule can be critical when a patient stayed with a doctor who was making repeated errors over the course of ongoing care.
These rules are technical, and courts interpret them strictly. If there is any question about timing, the right move is to speak with a medical malpractice attorney in New York sooner rather than later. Cohan Law Firm offers free consultations and works on a no win, no fee basis.
What Damages Are Available and What Drives Their Value
A successful malpractice claim can recover economic damages including past and future medical expenses, rehabilitation costs, lost wages, and the cost of ongoing care if the injury is permanent. It can also recover non-economic damages for physical pain, emotional suffering, and loss of enjoyment of life.
New York does not cap non-economic damages in medical malpractice cases the way some other states do. That matters in severe cases, particularly those involving permanent disability, loss of a limb or organ, or the death of a family member. In wrongful death claims brought by surviving family members, damages can include the decedent’s lost earnings, medical expenses before death, and the family’s loss of support and services.
What drives the value of a malpractice case is a combination of the severity of harm, the clarity of the deviation from standard of care, and the strength of the causation link between the negligence and the specific harm suffered. A strong expert, detailed medical records, and thorough preparation of the damages model all influence where a case ultimately settles or what a jury awards.
Questions Patients Ask About Medical Malpractice Claims
How do I know if what happened to me is actually malpractice?
The starting point is a detailed review of your medical records by an attorney and a qualified medical expert. If the care you received deviated from the standard a competent provider should have met, and that deviation caused your harm, you likely have a claim. Cohan Law Firm can review your situation in a free consultation and give you a straight answer.
Will my case go to trial?
Most medical malpractice cases in New York resolve through negotiated settlement before trial. However, not all of them do, and preparing every case as if it will go before a jury is what produces strong settlements. Healthcare defendants and their insurers pay attention to how thoroughly a case is built.
How long does a malpractice case take?
Medical malpractice cases in New York are typically among the more time-intensive personal injury claims. Between gathering and reviewing records, retaining experts, completing discovery, and navigating court scheduling, these cases commonly take two to four years from filing to resolution. The complexity of the specific facts affects that timeline significantly.
Can I sue a hospital or only the individual doctor?
Hospitals can be held directly liable for their own negligence, including failure to credential physicians properly, inadequate staffing, and deficient policies. A hospital may also be liable for the negligence of employees acting within the scope of their employment. Many malpractice cases involve claims against both the individual provider and the institution.
What if I signed a consent form before the procedure?
Informed consent forms do not protect providers from liability for negligent performance. A consent form acknowledges that you understood certain risks of the procedure. It does not authorize the provider to perform it carelessly. Malpractice claims focus on how care was delivered, not on whether risk of complication was disclosed.
Does it cost anything to hire Cohan Law Firm for a malpractice case?
No. Cohan Law Firm handles medical malpractice cases on a contingency basis, which means no fees unless there is a recovery. The initial consultation is free and confidential. Hablamos Español.
What if the person who was harmed passed away?
Surviving family members may bring a wrongful death claim when medical negligence caused a patient’s death. New York allows the decedent’s estate to pursue damages, and close family members may recover for the losses they personally suffered as a result. These claims follow specific procedural rules, so speaking with an attorney promptly is critical.
Talk to a New York Medical Negligence Attorney Before Time Runs Out
Medical malpractice claims in New York involve strict deadlines, complex expert requirements, and well-resourced defendants who are prepared to defend vigorously. Cohan Law Firm has the experience to handle these cases with the rigor they demand. We serve patients and families across Manhattan, Brooklyn, Queens, the Bronx, and the surrounding boroughs. If you believe that a provider’s failure caused you or a family member serious harm, contact our New York medical negligence attorneys today for a free, confidential consultation.