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.
- Free to use — no fee unless you win
- Matched with a New York attorney in 24 hours
- 30,000+ plaintiffs served nationwide
Free New York medical malpractice case review
A New York attorney will take a look. Or call 1-833-WELEGAL.
How we match your New York medical malpractice case
When you submit a New York medical malpractice matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.
Case type
A medical malpractice matter needs someone who handles medical malpractice work day to day, not a generalist. Practice area is the first filter.
Size and complexity
Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.
Jurisdiction and licensing
Your matter is decided under New York law, so it goes to an attorney licensed in New York who regularly appears where your case would be heard.
Capacity and fit
Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.
Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.
DearLegal provides marketing and matching services and is not a law firm. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.
Exhibit A
What happens with a medical malpractice claim in New York
Day 0
It happens.
Get medical care and keep every record — photos, names, the report number. In New York, what you document now is what your claim is built on.
Within 24 hours
Tell us what happened.
Two minutes on this page. A New York medical malpractice attorney reviews it for free and, if it’s a fit, you’re matched within 24 hours.
Weeks 1–4
Your attorney builds the file.
Reports, medical records, witnesses, camera footage, insurance policies. This is the part insurers hope you skip.
Months 1–6
Demand and negotiation.
Your attorney sends a demand and negotiates with the insurer. Most claims resolve here.
Before the deadline
Suit is filed if it has to be.
Deadlines are strict and vary by claim. Your attorney tracks every one of them.
Resolution
Settlement or verdict.
Fees are explained at the free consultation, before you sign anything.
Exhibit B
When to call a medical malpractice attorney in New York
Does any of this sound like you? Tap what applies.
Exhibit C
Medical Malpractice cases we take in New York
Which one is closest to yours?
Surgical errors
Wrong-site, retained foreign objects, intra-operative injuries at NewYork-Presbyterian, NYU Langone, Mount Sinai, Northwell, Montefiore, MSK, HSS, and NYC Health + Hospitals.
Sound like yours? A New York attorney reviews it free — no fee unless they win.
Start my free reviewAnesthesia errors
Failure to monitor, intubation injuries, dosing errors. New York anesthesia groups are typically independent contractors.
Sound like yours? A New York attorney reviews it free — no fee unless they win.
Start my free reviewCancer misdiagnosis and delayed diagnosis
Missed breast, colon, lung, and prostate cancers. Memorial Sloan Kettering, NYU Perlmutter, and Mount Sinai Tisch records establish true diagnostic timing. Lavern’s Law extends the SOL.
Sound like yours? A New York attorney reviews it free — no fee unless they win.
Start my free reviewHeart attack and stroke misdiagnosis
Failure to administer tPA or activate the cath lab at New York stroke centers — central to causation in ER cases.
Sound like yours? A New York attorney reviews it free — no fee unless they win.
Start my free reviewBirth injuries
Cerebral palsy, HIE, shoulder dystocia at NewYork-Presbyterian, NYU Langone, Mount Sinai, Northwell, Montefiore, and NYC Health + Hospitals. Minor tolling under CPLR § 208 — up to 10 years from the act.
Sound like yours? A New York attorney reviews it free — no fee unless they win.
Start my free reviewMedication errors
Wrong drug, wrong dose, dangerous interactions. New York pharmacy fills and in-hospital medication errors generate CPLR § 214-a claims.
Sound like yours? A New York attorney reviews it free — no fee unless they win.
Start my free reviewHospital-acquired infections
MRSA, C. difficile, central-line bloodstream infections, and surgical-site infections.
Sound like yours? A New York attorney reviews it free — no fee unless they win.
Start my free reviewER negligence
Failure to diagnose, premature discharge, EMTALA violations, and inadequate triage at New York EDs.
Sound like yours? A New York attorney reviews it free — no fee unless they win.
Start my free reviewRadiology and pathology errors
Misread mammograms, CT scans, MRIs, and pathology slides. Re-read by experts is straightforward.
Sound like yours? A New York attorney reviews it free — no fee unless they win.
Start my free reviewNever-events and retained foreign objects
CPLR § 214-a(b) provides 1 year from discovery of retained foreign objects, even after the standard 2½-year SOL has expired.
Sound like yours? A New York attorney reviews it free — no fee unless they win.
Start my free reviewNursing home and long-term care malpractice
Pressure ulcers, falls, dehydration, sepsis, and elopement at facilities regulated by New York DOH; Public Health Law § 2801-d provides additional remedies.
Sound like yours? A New York attorney reviews it free — no fee unless they win.
Start my free reviewTelemedicine and mental health malpractice
Suicide-risk assessment failures, premature discharge from psychiatric hold, and telepsychiatry misdiagnosis. With no damage cap, severe cases support significant recovery.
Sound like yours? A New York attorney reviews it free — no fee unless they win.
Start my free reviewExhibit D
How much do New York medical malpractice attorneys cost?
Sample settlement statement
New York · Medical Malpractice
Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.
Most New York medical malpractice attorneys work on contingency: the fee is a share of what they recover, and nothing if they don’t.
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.
A good attorney walks through every number at your free consultation — before you sign anything.
Exhibit E
What your New York medical malpractice compensation can include
A New York medical malpractice recovery is built from several parts. Tap one to see what it covers.
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).
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.
Exhibit F
New York medical malpractice questions, answered
Still unsure? Tell us what happened and a New York attorney will review it for free.
Medical Malpractice attorneys by city in New York
Same New York rules and the same attorneys — with what’s local to each city.
