New York malpractice lawyer: Expert, Free 2025

What You Need to Know About Hiring a New York Malpractice Lawyer in New York City

A New York malpractice lawyer helps patients harmed by healthcare providers seek compensation. If a doctor, nurse, or hospital fails to meet accepted medical standards and causes injury, you have the right to hold them accountable.

If you’re looking for a New York malpractice lawyer in New York City, here’s what you need to know:

• Time is limited: You have 30 months from the date of malpractice (or the end of continuous treatment) to file a claim in New York City.
• Free consultations: Our medical malpractice attorneys in New York City offer free initial consultations with no obligation.
• No upfront costs: We work on contingency—you pay nothing unless you win.
• You need proof: Medical malpractice requires proving four elements: duty, breach of duty, causation, and damages.
• Common cases: Misdiagnosis, surgical errors, birth injuries, and medication mistakes.

Medical malpractice happens when a healthcare provider deviates from the recognized standard of care, causing injury or death. This is not the same as an unfavorable medical outcome. The standard of care is the level of skill a reasonably competent provider in the same field would offer under similar circumstances.

In New York City, many patients suffer serious injuries from preventable medical errors each year, highlighting the need to act promptly if you suspect negligence.

I’m Mark Segal, and for over 35 years, I’ve represented New York City residents in medical malpractice cases. As a New York malpractice lawyer at Segal & Lax, I’ve helped families across all five boroughs recover compensation for harm caused by medical negligence.

Understanding Medical Malpractice in New York City

When you seek medical care, you place immense trust in your providers. While most honor that trust, preventable mistakes can happen. Not every bad outcome is medical malpractice. Medicine has inherent risks, and complications can occur even with proper care. The key difference is whether the provider met the accepted standard of care.

Feature	Negative Medical Outcome	Medical Malpractice
Definition	An undesirable result from medical treatment, even when proper care was given.	An injury caused by a healthcare provider’s negligence or deviation from the accepted standard of care.
Standard of Care	The provider met the accepted standard of care.	The provider failed to meet the accepted standard of care.
Negligence	No negligence occurred; the outcome was an inherent risk.	Negligence occurred; the provider made a preventable error.
Legal Claim	Generally, no legal claim for malpractice.	Forms the basis for a potential medical malpractice claim.
Example	A patient develops an infection after surgery despite all sterile procedures being followed.	A surgeon leaves a surgical instrument inside a patient.

To prove medical malpractice in New York City, you must establish four elements—the “4 Ds”:

1. Duty of Care: A doctor-patient relationship existed, creating a professional duty to provide competent care.
2. Breach of Duty: The provider failed to meet the accepted standard of care, making a mistake a reasonably competent peer would not have.
3. Causation: The provider’s breach of duty directly caused your injury.
4. Damages: You suffered real, verifiable harm, such as medical bills, lost wages, and pain and suffering.

These cases are complex. A New York malpractice lawyer works with medical professionals to review what happened and explain how the standard of care was violated. New York City law requires this testimony for a case to proceed. For more information on related legal matters, you can also explore our resources on personal injury law.

Common Types of Medical Malpractice Cases in New York City

Medical negligence can take many forms. Some of the most common cases we handle for New York City families include:

• Misdiagnosis or Delayed Diagnosis: Failure to correctly or timely identify a condition like cancer or a heart attack, leading to worsened outcomes. Our misdiagnosis and delayed diagnosis lawyers can help.
• Surgical Mistakes: Errors such as operating on the wrong body part, leaving instruments inside a patient, or damaging nerves. Our surgical error lawyers fight for victims of these events.
• Birth-Related Injuries: Negligence during labor or delivery causing lifelong harm to a baby, such as cerebral palsy or brachial palsy. We help families affected by birth injuries secure their child’s future.
• Anesthesia Errors: Mistakes in administering anesthesia or monitoring a patient, which can lead to brain injury or death.
• Medication Errors: Prescribing the wrong drug or dose, or a pharmacy filling the wrong prescription. Our pharmaceutical injury team can investigate.
• Emergency Room Negligence: Rushed diagnoses or premature discharges in a high-stress environment, leading to severe harm. Our emergency room errors team handles these cases.

If you suspect you or a loved one was harmed by a provider’s mistake in New York City, seek legal help promptly.

Navigating the Medical Malpractice Claim Process in New York City

Pursuing a medical malpractice claim in New York City can be complex, but we are here to guide you. The most critical factor is time. New York City has strict deadlines, and missing them can mean losing your right to compensation.

Typically, you have 30 months from the date of the malpractice or from the end of continuous treatment to file a lawsuit. This is a firm deadline. However, there are exceptions:

• Continuous Treatment Doctrine: If you continued to see the same provider for the same condition after the error, the 30-month clock starts from your last visit.
• Foreign Object Rule: If a surgical item was left in your body, you have one year from the date the object was finded (or reasonably should have been finded) to file.
• Minors: A claim for a child can be filed within 10 years of the malpractice, but no later than 30 months after they turn 18.
• Wrongful Death: If malpractice results in death, the estate generally has two years from the date of death to file a Wrongful Death lawsuit.

Before filing, New York City law requires a Certificate of Merit. This means we must consult with a qualified medical professional who confirms there is a reasonable basis to believe malpractice occurred.

Once the lawsuit is filed, we seek the compensation you need to recover. Damages include:

• Economic Damages: Measurable financial losses like past and future medical bills, lost wages, and costs for assistive devices or home modifications.
• Non-Economic Damages: Compensation for non-financial losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.

New York City does not cap non-economic damages, but awards may be reduced by benefits you’ve already received from sources like health insurance, under the Collateral Source Rule.

What to Expect When Filing a Claim with a New York City Malpractice Lawyer

Our process is designed to build a strong case while keeping you informed.

1. Free Consultation: We start with a free, confidential discussion to review the facts of your case and provide an honest assessment.
2. Investigation: If we take your case, we gather all relevant medical records and evidence to build a detailed timeline of your treatment.
3. Working with Medical Professionals: We collaborate with a network of physicians and other healthcare professionals who review your records to establish how the standard of care was breached and how it caused your injury.
4. Negotiation and Litigation: We first attempt to negotiate a fair settlement with the provider’s insurance company. If a fair offer is not made, our experienced trial attorneys are fully prepared to take your case to court.

We handle all cases on a contingency fee basis, meaning you pay nothing unless we win. Our goal is to manage the legal process so you can focus on healing.

How to Choose the Right New York City Malpractice Lawyer

Choosing the right New York malpractice lawyer is a critical decision. You need a legal team with the right experience, resources, and commitment to your case.

Here are key factors to consider when looking for a law firm in New York City:

• Experience in NYC Courts: Medical malpractice law is complex. A firm with deep experience in the court systems of Manhattan, Brooklyn, Queens, The Bronx, and Staten Island has a significant advantage.
• Track Record of Results: A history of successful verdicts and settlements demonstrates a firm’s ability to deliver for its clients. We are proud of our history of securing compensation, which you can review on our Results page.
• Client Testimonials: Hearing from past clients offers insight into a firm’s effectiveness and client care. We invite you to read our Testimonials.
• Contingency Fee Structure: We work on a contingency fee basis, so you pay nothing unless we win your case. This “no win, no fee” promise ensures everyone has access to justice. Learn more on our Why Hire Us page.
• Resources and Knowledge: A strong New York malpractice lawyer has a deep understanding of New York City’s specific laws and the resources to handle expensive, complex litigation. This includes paying for medical professional opinions and conducting thorough investigations.
• Personalized Representation: You deserve clear communication and personalized attention. Our attorneys, including Mark S. Segal, Emil Lax, and Patrick D. Gatti, are committed to making your needs the focus of our strategy.

For additional legal resources, the NYC Bar legal help resources can be a useful starting point.

Frequently Asked Questions about New York City Medical Malpractice

We understand you have questions. Here are answers to some common inquiries we receive. For more, please visit our Frequently Asked Questions page.

What are the attorney’s fees for a medical malpractice case in New York City?

We operate on a contingency fee basis. This means you pay no upfront fees. Our payment is a percentage of the compensation we recover for you. This is our “no win, no fee” promise.

In New York City, attorney’s fees in malpractice cases are set by a statutory schedule:

• 30% of the first $250,000 recovered
• 25% of the next $250,000
• 20% of the next $500,000
• 15% of the next $250,000
• 10% of any amount over $1.25 million

Case expenses, such as court filing fees and costs for obtaining medical records and professional testimony, are separate and are typically deducted from the final settlement or award. We discuss all costs transparently during your consultation.

Can I sue if I signed a consent form?

Yes. Signing a consent form does not waive your right to sue for medical malpractice. A consent form is for acknowledging the known risks of a procedure. It does not give a provider permission to be negligent or provide substandard care. If a provider’s actions fall below the accepted standard of care and cause you harm—for example, by operating on the wrong body part or failing to disclose significant risks—you may still have a valid claim.

What should I bring to my initial consultation?

To make your free consultation with a New York malpractice lawyer as productive as possible, please bring any of the following you have available:

• Medical Records: Any documents related to your injury, including doctor’s notes, test results, and hospital discharge summaries.
• List of Providers: Names and contact information for all doctors and hospitals involved in your care.
• Timeline of Events: A chronological account of what happened, including dates and key conversations.
• Photographs: Any photos of your injuries.
• Correspondence: Emails or letters with providers or insurance companies.
• List of Questions: This is your opportunity to get clear answers.

If you don’t have these documents, please contact us anyway. We can help you gather what’s needed.

Take the First Step: Contact a New York City Malpractice Lawyer

When medical negligence disrupts your life, the path forward can seem overwhelming. You don’t have to face it alone. As a patient in New York City, you have the right to competent medical care and the right to seek compensation when that standard is not met.

At Segal & Lax, we do more than pursue compensation. We hold negligent providers accountable, helping to make our healthcare system safer for everyone. For over 75 years combined, our team has provided serious, personalized representation to families across Manhattan, The Bronx, Queens, Staten Island, and Brooklyn.

Our “no win, no fee” guarantee means you pay nothing unless we successfully recover compensation for you. You can pursue justice without any upfront financial risk.

Time is critical. The 30-month statute of limitations in New York is strict. The sooner you contact a New York malpractice lawyer, the sooner we can start building your case and protecting your rights. Waiting could mean losing your right to compensation forever.

Your initial consultation is free, confidential, and comes with no obligation. We will listen to your story and give you an honest assessment of your legal options. Let us handle the legal complexities while you focus on your recovery.

Schedule your free consultation with our New York City medical malpractice lawyers today. We are ready to fight for you.