You win a medical negligence case in New York by proving four things—(1) a provider‑patient relationship, (2) a departure from accepted medical practice, (3) that the departure caused your injury, and (4) damages—and you must file on time, usually within 2 years and 6 months (with narrow exceptions). Got questions?...
read moreWhen hospital care falls short of accepted medical standards and a patient is harmed, New York law treats that injury as medical malpractice. In hospitals, the most frequent claims involve delayed or missed diagnoses, surgical mistakes (including wrong‑site procedures and retained sponges or tools), medication errors, anesthesia injuries, birth‑related harm,...
read moreNew York courts will not let a medical-malpractice claim reach a jury unless a physician or other healthcare professional—qualified by training, licensure, and direct clinical experience—confirms that acceptable care was breached and that breach injured the patient. The governing rule appears in Civil Practice Law & Rules § 3012-a, which...
read moreNew Yorkers trust physicians, nurses, and hospitals with their lives, yet data show that preventable errors still injure patients every day. Diagnostic mistakes alone drive nearly 29 percent of all paid malpractice payouts, making them the single largest danger in the state’s healthcare system. Understanding where things most often go...
read moreNew Yorkers file more medical-malpractice claims than residents of any other state, and judges dismiss many of them simply because the two-year-and-six-month deadline in CPLR § 214-a expired before the patient knew it. If a missed diagnosis involves cancer, Lavern’s Law extends the filing window to the date the error...
read moreCerebral palsy, brachial plexus damage, skull fractures, and oxygen deprivation are just a few of the devastating outcomes that fall under the term birth injury. When a delivery team fails to follow accepted obstetric procedures, those injuries rise to medical malpractice—and New York law gives families a limited window to...
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