New York Medical Malpractice Attorneys

At DearLegal, we connect you with experienced New York medical malpractice attorneys who know CPLR § 214-a (2.5-year SOL), Lavern’s Law for cancer cases, the sliding-scale fee cap under Judiciary Law § 474-a, and how to litigate against NewYork-Presbyterian, NYU Langone, Mount Sinai, Northwell Health, Montefiore, and NYC Health + Hospitals defense teams. Whether your injury happened in NYC, Long Island, Buffalo, or Rochester, we’ll match you with the right attorney — at no cost to get started.

A provider deviates from accepted medical practice and the deviation proximately causes injury. Expert testimony is required.

New York is one of the most plaintiff-friendly damages jurisdictions in the country — no cap on economic damages, non-economic damages, or wrongful-death damages. New York juries deliver some of the largest med-mal verdicts in the country.

Physicians, nurses, dentists, hospitals (NewYork-Presbyterian, NYU Langone, Mount Sinai, Northwell Health, Montefiore, Memorial Sloan Kettering, Hospital for Special Surgery, NYC Health + Hospitals — Bellevue, Kings County, Jacobi, Elmhurst, etc.), surgery centers, and LTC. NYC Health + Hospitals and SUNY hospitals require notice of claim and have separate procedures.

The 2½-year SOL generally runs from the act of negligence, with continuous treatment tolling for ongoing care of the same condition. Lavern’s Law extends cancer-misdiagnosis cases to 2½ years from discovery, up to 7 years from the act.

Lavern’s Law (CPLR § 214-a, 2018) extends the SOL in cancer-misdiagnosis cases to 2½ years from when the patient knew or reasonably should have known of the malpractice — but no more than 7 years from the act of malpractice. Named for Lavern Wilkinson, who died from undiagnosed lung cancer after the original SOL had expired.

Claims against NYC Health + Hospitals, the City of New York, and SUNY hospitals require a 90-day Notice of Claim under GML § 50-e, with a 1-year-and-90-day SOL. NYU and SUNY Downstate have specific procedures.

Certificate of Merit, standard-of-care experts, causation experts, life-care planners, and economists in New York med-mal defense ecosystems typically push case-cost advances to $100,000–$500,000 in catastrophic cases. NY trials are among the most expensive in the country.

Why Do You Need a Medical Malpractice Attorney in New York?

New York has no statutory cap on medical malpractice damages — neither economic nor non-economic damages are limited. The SOL is 2½ years from the act of negligence under CPLR § 214-a, with continuous treatment tolling. Lavern’s Law (2018) extends the SOL for cancer misdiagnosis to 2½ years from when the patient knew or reasonably should have known of the malpractice — up to 7 years from the act. CPLR § 3012-a requires a Certificate of Merit at filing, attesting that the attorney consulted with a physician who concluded there is a reasonable basis for the action. Attorney fees are capped on a sliding scale under Judiciary Law § 474-a. With NewYork-Presbyterian, NYU Langone, Mount Sinai, Northwell, Montefiore, and NYC Health + Hospitals, New York med-mal defense is among the most sophisticated in the country. Public hospital claims require a 90-day Notice of Claim under General Municipal Law § 50-e.

When Do You Need a Medical Malpractice Attorney in New York?

Our network includes New York medical malpractice attorneys who handle every kind of case, including:

Types of Medical Malpractice Cases in New York

From the moment you connect with a New York medical malpractice attorney, they go to work protecting your claim. The most common case types we handle:

Missing the 2½-year SOL under CPLR § 214-a by failing to assert continuous-treatment tolling

Failing to file the Certificate of Merit under CPLR § 3012-a with the complaint

Missing the 90-day Notice of Claim under GML § 50-e for NYC H+H, SUNY, or other public providers

Suing NYC H+H, SUNY Downstate, or Bellevue without addressing public-entity procedures and 1-year-and-90-day SOL

Signing an arbitration agreement at hospital intake without realizing it waives jury trial

Failing to invoke Lavern’s Law tolling in cancer-misdiagnosis cases

Missing the 2½-year SOL under CPLR § 214-a by failing to assert continuous-treatment tolling

Failing to file the Certificate of Merit under CPLR § 3012-a with the complaint

Missing the 90-day Notice of Claim under GML § 50-e for NYC H+H, SUNY, or other public providers

Suing NYC H+H, SUNY Downstate, or Bellevue without addressing public-entity procedures and 1-year-and-90-day SOL

Signing an arbitration agreement at hospital intake without realizing it waives jury trial

Failing to invoke Lavern’s Law tolling in cancer-misdiagnosis cases

Common New York Medical Malpractice Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do New York Medical Malpractice Attorneys Cost?

Sliding

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

New York caps medical malpractice contingency fees under Judiciary Law § 474-a on a sliding scale: 30% of first $250,000; 25% of next $250,000; 20% of next $500,000; 15% of next $250,000; 10% on amounts over $1.25M. Certificate of Merit, expert fees, and depositions push case-cost advances to $100,000–$500,000 in catastrophic cases.

What Can Your New York Medical Malpractice Compensation Include?

Economic Damages (No Cap)

Medical bills, future care, lost wages, lost earning capacity, life-care plans, and rehabilitation. No statutory cap.

Non-Economic Damages (No Cap)

Pain, suffering, mental anguish, loss of enjoyment, disfigurement. No statutory cap in New York.

Punitive Damages

Available for outrageous conduct evincing high moral turpitude or wanton dishonesty (Walker v. Sheldon). No statutory cap; due-process limits apply.

Loss of Consortium

Spouse may recover for loss of companionship, services, and intimacy. No statutory cap.

Wrongful Death (Pecuniary Loss Only)

NY EPTL § 5-4.3 wrongful death damages are limited to pecuniary loss to distributees (no compensation for grief or emotional pain of survivors). NY is unique nationally on this point. Conscious-pain-and-suffering claims survive under EPTL § 11-3.2.

CPLR Article 50-A Structured Judgments

In med-mal cases over $250,000, future damages are paid as periodic payments under CPLR § 5031 (Structured Judgments article).

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

New York Medical Malpractice Attorneys

Why Do You Need a Medical Malpractice Attorney in New York?

When Do You Need a Medical Malpractice Attorney in New York?

Types of Medical Malpractice Cases in New York

Common New York Medical Malpractice Mistakes

How Much Do New York Medical Malpractice Attorneys Cost?

What Can Your New York Medical Malpractice Compensation Include?

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