Understanding Medical Malpractice Laws in New York: What Patients Need to Know
By seriousl July 7, 2025
When medical care falls below accepted standards and causes injury, New York law allows patients to pursue compensation through a medical malpractice claim. If you suspect malpractice, time matters and the proof rules are specific. A seasoned personal injury lawyer in NY can help you evaluate deadlines, preserve records, and build the medical foundation the law requires—so you focus on healing. For fast guidance from Poissant, Nichols, Grue, Vanier & Babbie, P.C., call 518‑483‑1440 or request a consultation through this page.
What Counts as Medical Malpractice in New York?
A malpractice case rests on four pillars: (1) a provider–patient duty, (2) a departure from accepted medical practice, (3) a causal link between that departure and the injury, and (4) damages (physical, financial, or both). New York also recognizes a separate claim for lack of informed consent when a provider performs certain invasive or diagnostic procedures without first disclosing material risks, benefits, and alternatives in a way a reasonable patient would need to make an informed choice. That informed‑consent claim has its own statutory rules under Public Health Law § 2805‑d.
How Long Do I Have to File a Malpractice Case?
Most medical malpractice lawsuits in New York must be filed within two years and six months from the malpractice or from the last date of continuous treatment for the same condition—known as the “continuous treatment” doctrine. There is also a limited discovery rule for foreign objects left in the body. These rules are set out in CPLR § 214‑a and decades of Court of Appeals decisions applying the continuous‑treatment doctrine.
Lavern’s Law created a key exception for failure‑to‑diagnose cancer claims: the clock can start on the date the patient discovered (or should have discovered) the malpractice, with an outside limit of seven years from the misdiagnosis. If you learned of a missed cancer diagnosis later, this extension can be crucial.
Deadlines are much shorter when the defendant is a public hospital or municipal provider (for example, NYC Health + Hospitals). In those cases, you generally must serve a Notice of Claim within 90 days and commence the lawsuit within one year and 90 days (longer for wrongful death). Courts repeatedly enforce these requirements. Do not wait—missing these steps can end a strong case.
What Proof Do I Need?
New York requires a certificate of merit—an attorney’s filing that confirms consultation with a qualified physician who believes there is a reasonable basis for the claim. This comes from CPLR § 3012‑a, and it exists to ensure claims are grounded in medical opinion from the outset. Medical records, imaging, prescription logs, and provider notes form the backbone of the evaluation.
For lack of informed consent, the statute focuses on whether a reasonably prudent person in your position would have declined the procedure if properly informed, and it lists recognized defenses (emergencies, risks too commonly known, etc.). Proving this claim requires careful attention to consent forms and what was said before the procedure.
Who Can Be Held Responsible?
Possible defendants include physicians, nurses, hospitals, clinics, and practice groups whose actions or policies contributed to the injury. Hospitals can be responsible for their employees’ negligence and, in some circumstances, for physicians who appear to be hospital agents to the patient. If a public hospital is involved, the municipal deadlines above apply. A top-rated New York personal injury lawyer can help identify every liable party early, preserve evidence, and avoid jurisdictional pitfalls.
What Compensation Is Available?
New York does not impose statutory caps on compensatory damages in medical malpractice cases. That means juries may award full economic losses (medical bills, future care, lost earnings) and non‑economic losses (pain and suffering) proven at trial. While proposals sometimes surface to change this, as of today there is no cap—which makes thorough documentation of your medical and financial harms essential.
Because there is no cap, defense insurers scrutinize causation and the size of claimed losses. Your legal team should assemble treating‑provider testimony, credible life‑care planning, and vocational/earnings evidence to explain the impact. Choosing experienced personal injury attorneys with a track record in medical cases can increase your leverage at the settlement table.
Steps to Take Right Away
Get copies of your records. Request your chart, imaging, and discharge summaries from every provider involved. Timelines matter; treatment dates can affect the statute of limitations under CPLR § 214‑a, and continuity of care may extend the deadline.
Keep a symptom and cost log. Note pain levels, missed work, medications, travel costs, and home‑care needs. This contemporaneous record supports damages in a way that memory cannot. A medical malpractice lawyer will use this to quantify and prove your losses.
Move quickly if a public facility is involved. If the care occurred at a city or county hospital, talk to a medical negligence lawyer about the 90‑day Notice of Claim and one‑year‑and‑90‑day limit. The Notice includes the when/where/what of the claim; serving it correctly is a condition to suing the entity.
Our Seasoned Medical Malpractice Lawyer Helps
If you were hurt by medical care that fell short of accepted standards, Poissant, Nichols, Grue, Vanier & Babbie, P.C. offers clear, strategic guidance from your first call. New York timelines are strict, so acting now protects your options. For a confidential review, call 518‑483‑1440 or contact us today.