New York Medical Malpractice FAQ 

If you believe you or a loved one has been harmed due to medical negligence in New York, understanding the basics can help you decide what steps to take next. Below are answers to some of the most frequently asked questions about medical malpractice in New York.

What Is Medical Malpractice?

Medical malpractice is a form of professional negligence that occurs when a doctor, nurse, hospital, or other healthcare provider fails to provide care that meets the accepted medical standard. If that failure directly causes harm to a patient, including injury, illness, or death, it may constitute malpractice. Common examples include misdiagnosis, delayed diagnosis, surgical errors, anesthesia mistakes, medication errors, and failure to treat a condition properly.

How Do I Know If I Have a Medical Malpractice Case?

To have a valid medical malpractice claim in New York, you must prove the following:

• A doctor-patient relationship existed
• The healthcare provider failed to meet the standard of care
• That failure caused your injury or worsened your condition
• You suffered damages, such as medical costs, pain, or lost income

A lawyer can help review your medical records and consult experts to determine whether you have a strong claim.

What Is the Statute of Limitations for Medical Malpractice in New York?

In most cases, you have two years and six months from the date of the malpractice to file a lawsuit. However, if the malpractice involved a foreign object left in the body, the deadline may be extended. In wrongful death cases, the deadline is two years from the date of death. If you miss the deadline, the court will likely dismiss your case, no matter how strong it is.

Can I Sue a Hospital for Medical Malpractice?

Yes. Hospitals may be liable for the actions of their employees, including nurses, technicians, and sometimes doctors. If the hospital hired unqualified staff, failed to maintain safe facilities, or ignored obvious signs of poor care, it could also be named as a defendant in your lawsuit.

How Much Compensation Can I Recover?

The amount varies based on the severity of your injuries and the strength of the evidence. Types of compensation in a medical malpractice case may include:

• Medical expenses
• Lost wages or future earning potential
• Pain and suffering
• Loss of enjoyment of life
• Permanent disability or disfigurement
• Wrongful death damages (for surviving family members)

Do I Need an Expert Witness?

Yes. New York law requires that a qualified medical expert testify to explain how the healthcare provider deviated from the accepted standard of care and how that caused your injuries. Your attorney will help locate and retain these experts.

How Can a Lawyer Help Me?

An experienced attorney understands New York’s malpractice laws and will fight to protect your rights and secure the compensation you deserve. They can guide you through the complex legal process from beginning to end, including:

• Reviewing your medical records
• Consulting with independent medical experts
• Filing your lawsuit within legal deadlines
• Gathering evidence and building a strong case
• Negotiating a fair settlement or representing you in court

Contact Us Today

If you believe you have been injured by medical negligence, contact a skilled White Plains medical malpractice lawyer today for a free consultation. Let an experienced advocate help you get the answers and justice you deserve.