New York City Medical Malpractice Attorney
An NYC medical malpractice lawyer helps patients pursue compensation when negligent medical care causes a preventable injury, worsens an existing condition, or results in death. Finz & Finz, P.C. represents patients and families in medical malpractice claims across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
A bad outcome alone does not prove malpractice. Your attorney must show that a doctor, nurse, hospital, or other provider departed from the accepted standard of care and directly caused harm, usually through medical records, physician review, and evidence of health, financial, and future care needs.
Finz & Finz has handled complex medical negligence claims in New York for more than 40 years. Our attorneys work with staff nurses and consulting physicians to investigate delayed diagnoses, surgical mistakes, birth injuries, hospital negligence, anesthesia errors, and wrongful death.
Our firm has recovered over $1 billion for injured clients in more than four decades of trial work against the largest hospital systems in New York. If a doctor, nurse, or hospital caused you serious harm, call 212-513-1000 for a free, confidential case review.
Why Choose Finz & Finz for a Medical Malpractice Case in NYC?
Attorneys at Finz & Finz
Finz & Finz has handled complex medical malpractice claims in New York for over 40 years, with results that include a $9.75 million settlement for a failure to diagnose necrotizing enterocolitis and a $9.2 million recovery for hospital-caused Vitamin B1 deficiency.
We take on cases other firms turn away. Our team is led by Stuart L. Finz, a senior trial attorney recognized by New York Super Lawyers, with four former New York State judges serving of counsel.
What Sets Our Team Apart
Medical malpractice work rewards depth over volume. Our attorneys review each case alongside a medical review team that includes staff nurses and consulting physicians across specialties.
We build claims the way defense teams build defenses, starting with the records and ending in a courtroom if the hospital refuses fair value.
Representative Verdicts and Settlements
Our recoveries reflect the range of harm our clients have suffered in medical malpractice and other serious injury cases. The table below shows examples of past results across practice areas.
| CASE TYPE | RECOVERY |
|---|---|
| Failure to Diagnose (Pediatric NEC) | $9.75 Million Settlement |
| Hospital Negligence (Vitamin B1 Deficiency) | $9.2 Million Settlement |
| Workplace Injury Verdict | $14.77 Million Verdict |
| Truck Accident (Individual) | $24.5 Million Settlement |
| Tobacco Litigation Verdict | $20.52 Million Verdict |
Verdicts and settlements show what our team has done when hospitals and insurers pushed back. Past results do not predict future outcomes, and every case is judged on its own facts.
No Fee Unless We Win
Medical malpractice cases at our firm run on contingency. You pay nothing upfront and owe no attorney fees unless we recover money on your behalf. Consultations are always free and confidential.
What Counts as Medical Malpractice in New York?
Medical malpractice in New York happens when a healthcare provider fails to meet the accepted standard of care and that failure causes injury. Not every bad outcome is malpractice.
The law asks whether a reasonably careful provider in the same specialty would have acted differently under similar circumstances.
The Four Elements a New York Medical Malpractice Lawyer Must Prove
Proving a malpractice case in New York requires four connected elements. Missing any one of them ends the claim. Our medical malpractice attorneys build each case around these pillars from day one.
- A doctor-patient relationship existed at the time of the alleged harm.
- The provider breached the applicable medical standard of care.
- The breach directly caused the patient’s injury.
- The injury produced measurable damages, such as medical bills or lost income.
Proving causation is often where cases succeed or fail. Defense teams routinely argue that the underlying illness, not the treatment, caused the harm.
Certificate of Merit Requirement
New York requires a certificate of merit in most medical malpractice suits. Under CPLR 3012-a, the plaintiff’s attorney must consult with at least one licensed physician, review the facts of the case, and then sign a certificate stating there is a reasonable basis for the claim.
The physician does not sign or personally certify the claim. New York law provides limited exceptions and procedural remedies where a certificate is not filed with the complaint, so a missing certificate does not always result in dismissal.
What Types of Medical Malpractice Cases Do NYC Attorneys Handle?
Medical malpractice covers a wide range of provider errors, and our NYC medical malpractice attorneys handle each category. Some errors happen in a single moment, like a surgical mistake. Others unfold over months of missed warning signs.
Failure to Diagnose or Delayed Diagnosis
Diagnostic errors are among the most common medical malpractice claims nationwide, according to research cited by the Agency for Healthcare Research and Quality.
Missed cancer diagnoses, delayed heart attack recognition, and untreated infections often lead to catastrophic harm. In New York, a special rule called Lavern’s Law may extend your filing deadline for cancer misdiagnosis cases.
Surgical and Anesthesia Errors
Surgical malpractice includes wrong-site surgery, retained instruments, nerve damage, and procedures performed without proper informed consent.
Anesthesia errors range from dosing mistakes to failure to monitor vital signs. These cases often involve multiple defendants, including the surgeon, anesthesiologist, and hospital.
Birth Injuries
Birth injury claims involve harm to a mother or newborn during pregnancy, labor, or delivery. Common examples include hypoxic-ischemic encephalopathy, cerebral palsy linked to delayed C-sections, brachial plexus injuries, and maternal hemorrhage.
Children injured at birth may have decades of care needs that shape damages.
Hospital and Nursing Errors
Not every mistake comes from a physician. Hospitals may be liable for medication errors, infection control failures, bedsores, patient falls, and understaffing.
Nursing home neglect follows similar principles and often overlaps with elder abuse claims.
Emergency Room Malpractice
Emergency rooms across NYC handle high volumes under pressure, and errors happen. Common ER malpractice includes misread scans, discharge before stabilization, triage delays for stroke or cardiac symptoms, and medication mix-ups.
What Damages Can You Recover in a NYC Medical Malpractice Lawsuit?
New York places no cap on medical malpractice damages, which sets it apart from many other states. Juries may award full compensation based on actual harm, not a legislative ceiling.
A medical malpractice attorney in New York calculates both economic and non-economic damages, and in some cases punitive damages.
Economic Damages
Economic damages cover measurable financial losses tied to the malpractice. These figures often reach into the millions when catastrophic injuries are involved. Our attorneys work with life-care planners and economists to project future costs accurately.
- Past and future medical expenses, including surgeries, therapy, and equipment.
- Lost wages during recovery and diminished future earning capacity.
- Home modifications for accessibility after permanent injury.
- Costs of long-term skilled nursing or in-home care.
Economic damages require documentation, and defense teams scrutinize every figure. Building this side of a case takes months of records collection and analysis.
Non-Economic Damages
Non-economic damages compensate for pain, suffering, disfigurement, loss of enjoyment of life, and emotional distress. These damages fall under CPLR Article 16, which limits joint and several liability for non-economic damages among multiple defendants in certain cases.
Article 16 contains important statutory exceptions, including circumstances involving vicarious liability, intentional acts, and certain other claims. How Article 16 applies to your case depends on the facts and the defendants involved.
Wrongful Death Damages
When medical malpractice causes death, surviving family members may pursue a wrongful death claim. New York wrongful death damages focus on pecuniary loss, which includes lost financial support, loss of parental guidance, and funeral expenses.
New York’s current wrongful death rules do not allow grief-based damages, though legislation on that issue has been proposed in recent years.
How Long Do You Have to File a Medical Malpractice Claim in NYC?
Most medical malpractice claims in New York must be filed within two years and six months of the date of the malpractice or the end of continuous treatment. This deadline appears in CPLR 214-a. Missing this deadline typically bars the claim.
Lavern’s Law and Cancer Misdiagnosis
New York enacted Lavern’s Law in 2018 to help patients whose cancer diagnosis was missed.
Under this discovery rule, the clock for a cancer misdiagnosis claim may start when the patient discovers or reasonably should have discovered the malpractice, up to seven years after the negligent act.
The law was named after Lavern Wilkinson, a Brooklyn mother whose lung cancer was missed by a Kings County Hospital radiologist.
Claims Against NYC Health + Hospitals and Municipal Defendants
Claims against public hospitals operated by NYC Health + Hospitals follow a different track. You must serve a notice of claim under General Municipal Law Section 50-e within 90 days of the malpractice.
The lawsuit itself must then be filed within one year and 90 days. These rules apply to municipal facilities like Bellevue, Kings County, Elmhurst, and Jacobi. Federal facilities such as VA hospitals follow the Federal Tort Claims Act with its own notice and filing procedures, and other public entities may follow different rules.
Claims Involving Minors
The statute of limitations for children injured by medical malpractice is tolled during infancy, but under CPLR 208 the infancy toll generally may not extend the deadline more than 10 years from the date the claim accrued.
That means a birth injury claim may expire before the child turns 18. Families still benefit from acting quickly while records and witness memories remain intact.
What Should You Do If You Suspect Medical Malpractice in New York?
Suspecting malpractice is unsettling, and the steps you take now shape your case later. Once you are stable and home from treatment, protecting your rights becomes possible. Our medical malpractice lawyer NYC team recommends the following actions.
- Request complete copies of all medical records from every provider involved.
- Write down a personal timeline of symptoms, appointments, and provider statements.
- Preserve prescription bottles, discharge papers, and post-treatment photos of injuries.
- Avoid signing broad releases from hospitals or insurers before consulting an attorney.
- Contact a New York medical malpractice attorney before the filing deadline runs.
Acting early gives your legal team time to secure records, consult medical reviewers, and file within the statute. Delay works in favor of defendants, not patients.
How Does the Medical Malpractice Lawsuit Process Work in New York?
A New York medical malpractice case moves through several stages, from initial review to trial or settlement. Each stage has its own timeline, and complex cases may take two to four years to resolve. Our attorneys guide clients through each step.
Case Evaluation and Filing
Case evaluation starts with a records review by both attorneys and consulting physicians.
If the review supports a claim, our firm drafts a summons and complaint, obtains the required certificate of merit, and files in the appropriate New York Supreme Court, usually in the county where the malpractice occurred.
Discovery and Depositions
Discovery follows filing and often lasts a year or more. Both sides exchange records, interrogatories, and deposition testimony. Defendants routinely depose the plaintiff, treating physicians, and family members.
Expert Review and Trial Preparation
Medical malpractice cases live and die on expert testimony. Our team retains board-certified specialists to review the standard of care, causation, and damages. Trial preparation intensifies in the months before the court date.
Settlement or Trial
Many medical malpractice cases resolve through negotiated settlement before trial. When defendants refuse fair value, our firm has taken cases to verdict, including landmark verdicts and multiple eight-figure recoveries in medical negligence claims.
Which NYC Hospitals Face the Most Medical Malpractice Claims?
Medical malpractice claims in NYC arise across every major hospital system, both public and private. Our medical malpractice attorney team has handled claims against hospitals throughout the five boroughs. Location matters because public hospitals follow different filing rules than private ones.
Public hospitals include those run by NYC Health + Hospitals, such as Bellevue, Kings County, Jacobi, Elmhurst, Harlem, Lincoln, and Coney Island Hospital. Private systems include NewYork-Presbyterian, Mount Sinai, NYU Langone, Montefiore, Northwell, and Maimonides Medical Center.
Claims against federal facilities, such as VA hospitals, follow federal procedures under the Federal Tort Claims Act.
FAQs for NYC Medical Malpractice Lawyers
How much does an NYC medical malpractice lawyer cost?
An NYC medical malpractice lawyer typically costs nothing upfront because most work on contingency. At Finz & Finz, P.C., you pay no attorney fees unless we recover compensation for you.
New York law caps contingency fees in medical malpractice cases on a sliding scale under Judiciary Law Section 474-a, which protects your net recovery.
Do I have a medical malpractice case if my treatment failed?
Maybe, you may have a medical malpractice case if your treatment failed because a provider fell below the accepted standard of care.
A bad outcome alone is not malpractice. Our attorneys review the records with medical consultants to determine whether the provider’s conduct met the required standard.
How long does a New York medical malpractice lawsuit take?
Most New York medical malpractice lawsuits take two to four years to resolve from filing to settlement or verdict.
Complex cases involving multiple defendants or catastrophic injuries may take longer. Discovery alone often lasts 12 to 18 months in New York Supreme Court.
Can I sue a New York hospital if a nurse made the mistake?
Yes, you may sue a New York hospital if a nurse made the mistake because hospitals are generally responsible for the negligence of their employees under a doctrine called respondeat superior. Independent contractor physicians may be treated differently, and our team identifies every potentially liable party during case review.
What if the malpractice happened at a public hospital in NYC?
If the malpractice happened at a NYC Health + Hospitals facility, you must serve a notice of claim within 90 days.
This applies to Bellevue, Kings County, Elmhurst, and other municipal hospitals. Missing this 90-day window often ends the claim, so contact a medical malpractice attorney quickly.
Are there caps on medical malpractice damages in New York?
No, there are no statutory caps on medical malpractice damages in New York. Juries may award full compensation for economic losses, pain and suffering, and other harm supported by evidence.
New York remains one of the states without legislative limits on non-economic damages in malpractice cases.
Talk to an NYC Medical Malpractice Lawyer About Your Options Today
Hospitals and their insurers move quickly after a serious medical error. Records get archived, witnesses rotate off shifts, and defense teams start building their file within days. Waiting works against you in almost every measurable way.
Finz & Finz, P.C. has the trial history, medical resources, and courtroom reputation to challenge the largest hospital systems in New York.
Whether your case involves a missed cancer diagnosis, a botched surgery at a Manhattan medical center, a birth injury at a Brooklyn hospital, or nursing home neglect in Queens, our NYC medical malpractice lawyer team is ready to review it.
Call Finz & Finz, P.C. at 212-513-1000, or reach our Mineola office at 516-433-3000, for a free, private consultation. There is no fee unless we recover for you, and no obligation for the call.
Our clients are at the heart of everything we do. Here’s what one family had to say after a life-altering case:
