How to File a Medical Malpractice Claim in New York

Medical malpractice can cause devastating harm to patients and their families. When a healthcare provider’s negligence results in injury, New York law allows victims to file a medical malpractice claim to seek compensation. This guide explains the process of filing a claim, the laws governing these cases, and how an experienced White Plains medical malpractice attorney can protect your rights.

What is Considered Medical Malpractice in New York?

Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider deviates from the accepted standard of care, causing injury to a patient. Common examples include:

• Misdiagnosis or Delayed Diagnosis: Failure to correctly diagnose a condition in a timely manner.
• Surgical Errors: Mistakes during surgery such as operating on the wrong site or leaving surgical instruments inside the body.
• Medication Errors: Prescribing or administering the wrong medication or dosage.
• Birth Injuries: Negligence during labor or delivery that causes harm to the newborn or mother.
• Anesthesia Errors: Administering improper anesthesia levels leading to injury or death.

To succeed, the plaintiff (injured patient) must prove that the healthcare provider’s actions deviated from the standard of care and directly caused harm.

Step 1: Confirm That Malpractice Occurred and Hire a Lawyer

Not every medical error qualifies as malpractice. To determine if you have a valid claim, consider:

• Standard of Care: Did the provider fail to act as a reasonably skilled professional would have in similar circumstances?
• Causation: Did this failure directly cause your injury or worsen your condition?
• Damages: Have you suffered measurable damages such as additional medical bills, lost income, pain and suffering, or disability?

Hiring an experienced White Plains medical malpractice lawyer early in the process is critical. Most attorneys offer free consultations where they review your medical records, listen to your story, and provide an initial assessment of your case. Lawyers also have access to medical experts who can evaluate whether malpractice likely occurred. By involving a lawyer from the start, you gain immediate guidance on preserving evidence, understanding deadlines, and avoiding costly mistakes during the early stages of your claim.

Step 2: Comply with New York’s Statute of Limitations

New York law sets strict deadlines for filing medical malpractice lawsuits:

General Rule

Under CLPR 214-A, a claim must be filed within two years and six months (30 months) from the date of the alleged malpractice or from the end of continuous treatment provided by the same healthcare provider for the same condition.

Foreign Objects

If a foreign object is left inside a patient’s body, the claim must be filed within one year of discovering the object or reasonably should have discovered it.

Minor Victims

The statute of limitations may be extended for minors, but cannot exceed 10 years from the date of malpractice.

Special Rules for Public Hospitals

Claims against public hospitals or government-owned facilities, such as NYC Health + Hospitals, requires a Notice of Claim to be filed within 90 days of the malpractice incident. Failing to file within these time limits will likely bar you from seeking compensation.

Step 3: Obtain Medical Records

Your medical records provide essential evidence of malpractice. Under New York Public Health Law, patients have the right to request copies of their medical records from doctors and hospitals. An attorney can:

• Draft formal requests for records
• Ensure records are complete and accurate
• Secure imaging studies, lab results, and other critical documentation

Step 4: File a Certificate of Merit

New York requires plaintiffs to file a Certificate of Merit with their medical malpractice complaint (CPLR 3012-A). This document affirms that the attorney:

• Reviewed the facts of the case
• Consulted with a qualified medical expert
• Believes there is a reasonable basis to proceed with the lawsuit

This rule helps prevent frivolous malpractice claims and underscores the importance of expert testimony in proving negligence.

Step 5: Draft and File the Complaint

The attorney prepares a summons and complaint, outlining:

• The names of defendants (doctors, nurses, hospitals, or other providers)
• A detailed description of the alleged negligence
• The injuries sustained and damages sought

The complaint is filed in the appropriate New York court and served on all defendants (liable parties). Defendants then have a set period to respond.

Step 6: Engage in Discovery

During discovery, both sides exchange evidence and information relevant to the case. This phase may include:

• Depositions: Oral questioning of parties, witnesses, and experts under oath.
• Interrogatories: Written questions answered under oath.
• Requests for Documents: Gathering additional records, test results, and internal hospital policies.

Discovery allows your attorneys to build strong arguments and understand the defense’s strategy.

Step 7: Participate in Settlement Negotiations

Many malpractice cases resolve through settlement rather than trial. Settlement negotiations may involve:

Pretrial Conferences

Meetings with a judge to discuss settlement possibilities.

Mediation

A neutral mediator facilitates discussions between parties.

Direct Negotiations

Attorneys work directly to reach an agreement. A settlement provides compensation without the uncertainty and expense of a trial. However, if the offer is not fair, you can choose to proceed to court.

Step 8: Prepare for Trial

The following takes place at trial:

• Plaintiff’s attorneys present evidence, call medical experts, and argue how negligence occurred.
• Defense attorneys counter with their own experts and arguments.
• A jury or judge determines whether malpractice occurred and awards damages if appropriate.

Damages may include compensation for:

• Medical expenses
• Lost wages and reduced earning capacity
• Pain and suffering
• Rehabilitation and long-term care
• Wrongful death damages (if applicable)

Comparative Negligence in New York

New York follows a pure comparative negligence rule (Civ. Prac. L. & R. §§ 1411, et seq), meaning:

1. If the patient is found partially responsible for their injury (for example, by not following medical advice), their compensation is reduced by their percentage of fault.
2. A patient can still recover damages even if they are more than 50 percent at fault.

For example, a patient undergoes surgery but fails to attend follow-up appointments and ignores post-operative care instructions, which worsens their condition. A jury determines the hospital was 70 percent responsible due to a surgical error and the patient was 30 percent to blame for failing to follow instructions. If the total damages were $1,000,000, the patient would still recover $700,000 after a 30 percent reduction for their share of fault.

Why Hire a Medical Malpractice Lawyer

Filing a medical malpractice claim in New York is complex. A skilled White Plains Medical Malpractice Lawyer provides critical advantages:

• Thorough Investigation: Collects evidence, interviews witnesses, and builds a strong case.
• Access to Medical Experts: Works with leading specialists to support claims. Medical malpractice cases in New York rely heavily on expert testimony.
• Legal Compliance: Ensures all deadlines, certificates, and notices are properly handled.
• Negotiation Skills: Pursues fair settlements while preparing aggressively for trial.
• Maximized Compensation: Seeks full recovery for medical costs, lost wages, and long-term damages.

With an experienced attorney guiding the process, patients can focus on recovery while their lawyer fights for justice. To arrange a free consultation today with a trusted lawyer in White Plains, call Fiedler Deutsch, LLP at (914) 993-0393 or send us a message online.