Long Island Medical Malpractice Attorneys
Many Long Island injury firms turn medical malpractice cases away. The cases cost more, take longer, and pit one lawyer against a hospital defense team. Finz & Finz P.C. takes them.
A Long Island medical malpractice lawyer handles claims against doctors, nurses, and hospitals in Nassau and Suffolk counties when substandard care causes harm. New York gives most patients 2.5 years from the malpractice to sue. Public and state hospitals carry much shorter notice deadlines.
We are one of the only firms in our area willing to handle medical malpractice. If a doctor or hospital hurt you or your family, our Long Island medical malpractice lawyer team offers a free case review 24/7.
Call 212-513-1000. You pay no fee unless we recover money for you.
How Does Finz & Finz P.C. Help Long Island Medical Malpractice Clients?
Finz & Finz P.C. helps Long Island medical malpractice clients by doing the work hospitals count on patients skipping. We gather the full chart and have physicians review it. We file the certificate of merit New York requires and try the case when the defense refuses a fair offer.
Our trial record carries weight with the insurers who defend Long Island hospitals. We secured a $40.3 million medical malpractice verdict against two Long Island hospitals in Nassau County.
Across all practice areas, we have won over $1 billion for our deserving clients. Prior results do not predict or promise a similar outcome in any future case.
What We Handle for You
Most families come to us after weeks of unanswered questions from the hospital. We take those tasks off your plate so the case moves on a lawyer’s timeline instead of the defense’s.
- Requesting the full medical chart, imaging, and nursing notes
- Retaining physicians in the same specialty to review the care
- Preparing and filing the certificate of merit
- Serving any notice of claim a public hospital requires
- Negotiating with the hospital’s insurer and trying the case if needed
Hospital defense lawyers watch for one thing in the first months of a case: whether the patient’s lawyer plans to try it. A firm with a courtroom record answers that question before anyone asks.
Which Long Island Hospitals Do Our Medical Malpractice Attorneys See Most Often?
Our medical malpractice attorneys on Long Island review claims involving every major hospital system in Nassau and Suffolk counties. The hospital’s ownership decides which deadlines apply, so the name on the wristband matters as much as the mistake itself.
Most Long Island hospitals belong to private systems such as Northwell Health, NYU Langone, and Catholic Health. A few operate as public or state facilities, and those follow different rules. The table below shows how that plays out.
| Hospital | Location | System | Deadline Notes |
|---|---|---|---|
| North Shore University Hospital | Manhasset | Northwell Health (private) | 2.5 years under CPLR §214-a |
| Long Island Jewish Medical Center | New Hyde Park (Queens-Nassau border) | Northwell Health (private) | 2.5 years under CPLR §214-a |
| South Shore University Hospital | Bay Shore | Northwell Health (private) | 2.5 years under CPLR §214-a |
| NYU Langone Hospital–Long Island | Nassau County | NYU Langone (private) | 2.5 years under CPLR §214-a |
| St. Francis Hospital & Heart Center | Roslyn | Catholic Health (private) | 2.5 years under CPLR §214-a |
| Good Samaritan University Hospital | West Islip | Catholic Health (private) | 2.5 years under CPLR §214-a |
| Nassau University Medical Center | East Meadow | Nassau Health Care Corporation (public) | 90-day notice of claim, then 1 year and 90 days to sue |
| Stony Brook University Hospital | Stony Brook | State University of New York (state) | Claim or notice of intention within 90 days in the Court of Claims |
Why Stony Brook Claims Follow a Separate Track
Stony Brook University Hospital belongs to the State University of New York (SUNY). A claim against a state hospital goes to the New York State Court of Claims, not to Suffolk County Supreme Court.
Under Court of Claims Act §10, you must file a claim or serve a notice of intention within 90 days of the malpractice. After a timely notice of intention, the claim itself must follow within two years.
Patients treated at Stony Brook often wait months before calling a lawyer, and that delay may close the door. A private-practice doctor who treated you at Stony Brook might fall under a separate deadline, so we sort out every provider’s status early.
How Long Do You Have to File a Medical Malpractice Lawsuit on Long Island?
You have 2.5 years from the date of malpractice to file most medical malpractice lawsuits on Long Island under CPLR §214-a. If you kept treating with the same provider for the same condition, the clock starts when that continuous treatment ends.
New York carves out several exceptions to that 2.5-year rule. Some give you more time. Others give you far less, and those are the ones that end cases before they begin.
- Foreign objects: You get 2.5 years from surgery or one year from finding a sponge or clamp in your body, whichever ends later.
- Cancer misdiagnosis: Lavern’s Law starts the 2.5-year clock once you learn of the missed cancer, with a seven-year outer limit.
- Public hospitals: A claim against Nassau University Medical Center requires a notice of claim within 90 days under General Municipal Law §50-e.
- Wrongful death: A family has two years from the date of death under EPTL §5-4.1.
The 90-day rule catches many Long Island families off guard. A late notice of claim requires court permission, and judges refuse that permission often enough that nobody may safely count on it.
What Does a Long Island Medical Malpractice Case Have to Prove?
A Long Island medical malpractice case must prove that a provider departed from accepted medical practice and that the departure caused your injury. Both elements must come from qualified physician testimony. A bad result alone does not prove malpractice.
The Certificate of Merit
New York requires a certificate of merit with every medical malpractice complaint under CPLR §3012-a.
The certificate confirms that your lawyer consulted a qualified physician and concluded the case has a reasonable basis. We complete that review before filing, which means we test the claim before the defense ever sees it.
Departure From Accepted Practice
Departure means a provider fell short of what a careful doctor in the same specialty does in the same situation. A cardiologist gets measured against cardiologists. An emergency physician gets measured against emergency physicians holding the same information at the same moment.
Causation and Damages
Causation connects the error to the harm. If a surgeon nicked your bowel and staff missed the infection for three days, we must show what those three days cost you.
Damages cover medical costs, lost income, and pain and suffering. New York places no cap on medical malpractice damages. Several forms of proof usually carry this part of the case.
- Treating physician records showing the added surgeries or care
- Wage records and tax returns showing lost income
- Life care plans estimating future medical needs
- Testimony from family about daily limitations
Where Do Nassau and Suffolk Medical Malpractice Cases Get Filed?
Most Nassau and Suffolk medical malpractice cases go to the state Supreme Court in a county where one of the parties resides. CPLR §503 sets that venue rule. Claims against Stony Brook University Hospital go to the Court of Claims instead.
Venue choices affect your case in practical ways. Nassau County Supreme Court and Suffolk County Supreme Court draw juries from different communities and run on different calendars. Suffolk civil matters sit in Riverhead and Central Islip, which matters for East End families who face long drives to court.
- Nassau County Supreme Court: Often hears claims tied to North Shore, St. Francis, and Nassau University Medical Center.
- Suffolk County Supreme Court: Often hears claims tied to Good Samaritan, South Shore, and private Suffolk practices.
- New York State Court of Claims: Hears claims against Stony Brook University Hospital and other state facilities.
- Queens or New York County: Might apply when a defendant resides in the city.
Picking a venue ranks among the first strategic calls we make in a Long Island medical malpractice case. The right county depends on who the defendants are, where they reside, and where a jury may see your case most clearly.
What Types of Medical Malpractice Cases Do We Take on Long Island?
We take medical malpractice cases on Long Island that involve serious, lasting harm from a provider’s error. Each case type follows its own pattern of proof, so we organize our work by how the error happened rather than by diagnosis alone.
Surgical Errors
Surgical errors include wrong-site procedures, nerve and organ injuries, and retained surgical objects. Many of these cases turn on the operative report and the nursing count sheets.
Misdiagnosis and Delayed Diagnosis
Missed cancers, strokes, heart attacks, and infections form a large share of our Long Island caseload. Lavern’s Law gives cancer patients more time, but the other diagnoses follow the standard 2.5-year rule.
Birth Injuries
Birth injury claims involve oxygen deprivation, shoulder dystocia, delayed C-sections, and conditions such as cerebral palsy and Erb’s palsy. Fetal monitoring strips often decide these cases.
Hospital Negligence and Nursing Failures
Hospitals answer for understaffing, missed changes in blood pressure and heart rate, falls, bedsores, and medication errors. A nurse who fails to report a patient’s decline may create liability for the hospital that employs that nurse.
Anesthesia and Emergency Room Errors
Anesthesia claims involve dosing mistakes, airway failures, and poor monitoring. Emergency room claims usually involve a patient sent home with a condition that needed admission.
Each of these case types has a matching page on our site with more detail about proof and deadlines. The common thread across all of them is a provider who had the information to act and did not.
What Does a Long Island Medical Malpractice Lawyer Cost?
A Long Island medical malpractice lawyer at Finz & Finz P.C. costs nothing upfront. We work on contingency, which means our fee comes from the recovery, and you owe no attorney fee if we recover nothing. We also advance the costs of records, physician reviews, and depositions.
New York caps medical malpractice contingency fees on a sliding scale under Judiciary Law §474-a. The percentage drops as the recovery grows. Most families find that structure reassuring because it keeps fees predictable.
- 30% of the first $250,000
- 25% of the next $250,000
- 20% of the next $500,000
- 15% of the next $250,000
- 10% of any amount over $1.25 million
State law sets those limits, so no medical malpractice lawyer in New York may charge more under a standard contingency agreement. The better question to ask any firm is whether it plans to try your case if the hospital refuses to pay fairly.
FAQ for Long Island Medical Malpractice Lawyer
How long does a medical malpractice case take on Long Island?
A medical malpractice case on Long Island usually takes two to four years from filing to resolution. Records review and physician consultation take the first several months. Depositions of doctors and nurses follow, and many cases settle after those depositions or on the eve of trial.
Is it possible to sue a doctor on Long Island if the hospital is not at fault?
Yes, you may sue a doctor on Long Island even if the hospital did nothing wrong. Many Long Island physicians run private practices and hold admitting privileges at a hospital. The doctor’s own insurer then defends the claim, and the hospital might stay out of the lawsuit.
What if I signed a consent form before surgery?
Signing a consent form does not bar a medical malpractice claim on Long Island. Consent covers the known risks of a procedure performed correctly. It does not excuse negligent surgery, and Public Health Law §2805-d gives you a separate claim when a provider fails to explain the risks.
What is my Long Island medical malpractice case worth?
The value of a Long Island medical malpractice case depends on how severe and permanent your injury is, your lost income, and your future care. New York places no cap on these damages. Future damages above $250,000 might get paid over time under CPLR Article 50-A.
Does a misdiagnosis count as medical malpractice?
A misdiagnosis counts as malpractice only when a careful doctor reaches the right diagnosis on the same facts and the delay worsened your outcome. Doctors make honest judgment calls daily. The claim arises when the missed signs sat in plain view and the delay changed your treatment or prognosis.
Is a family member allowed to file for a patient who died?
Yes, the estate’s personal representative may file a wrongful death claim for a patient who died from medical malpractice. The Surrogate’s Court in Nassau or Suffolk County appoints that representative. The claim must get filed within two years of death, and the underlying malpractice deadline might also apply.
Do I need a lawyer for a medical malpractice claim on Long Island?
Yes, in practice. New York requires a certificate of merit backed by a physician consultation under CPLR §3012-a, so filing alone rarely works. Hospitals defend these cases through insurers and outside counsel. A lawyer handles the physician review, the deadlines, and the filings that decide whether your claim survives.
Is it worth suing a hospital on Long Island for a mistake?
It depends on the harm. Medical malpractice cases cost tens of thousands of dollars to prepare because they require physician testimony. They make sense when an error caused lasting injury, extra surgery, lost income, or death. A free case review tells you where your case stands.
Am I allowed to get my medical records from a Long Island hospital myself?
Yes. Public Health Law §18 gives you the right to your records. Providers may charge no more than 75 cents per page for paper copies. We request the records once you hire us, but a personal copy helps, as long as you keep every page as it arrived.
Talk to a Long Island Medical Malpractice Lawyer Before a Deadline Decides for You
Hospitals keep their records, risk managers, and defense lawyers ready from the day of the error. Your deadline gives you less of a head start than most people expect. A free call today tells you which deadline applies to your hospital and what your case needs next.
Call Finz & Finz P.C. at 212-513-1000, day or night. We serve Nassau and Suffolk counties, and we charge nothing unless we recover money for you.
Prior case results do not predict or promise a similar outcome in any future case. Every case turns on its own facts.
