Patients place their health, and sometimes their lives, in the hands of medical providers. When a provider fails to meet the standard of care, patients can suffer serious harm.
Medical malpractice may involve errors such as a missed cancer diagnosis or leaving a surgical instrument inside a patient. Each type of claim involves different legal rules that affect how injured patients in New York pursue compensation.
Families harmed by medical negligence often face medical expenses, lost income, and uncertainty. Speaking with a medical malpractice attorney early may help preserve your right to seek compensation.
If you believe you or a loved one was injured by medical negligence, an attorney can explain your legal options. Contact Washor Kool Sosa Maiorana & Schwartz, LLP for a free consultation.
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Key Takeaways About Common Medical Malpractice Claims
- Misdiagnosis and delayed diagnosis rank among the most frequently filed medical malpractice claims, often involving conditions like cancer, heart attacks, and strokes where early detection matters greatly.
- Surgical errors, medication mistakes, and birth injuries represent other common categories of malpractice that may cause lasting harm to patients and their families.
- New York law requires medical malpractice lawsuits to begin within two years and six months of the alleged negligence under CPLR Section 214-a, with limited exceptions.
- Proving a malpractice claim requires demonstrating that the healthcare provider deviated from accepted medical standards and that this deviation directly caused the patient's injury.
- An experienced medical malpractice lawyer may help gather evidence, work with medical professionals, and handle the filing rules and court deadlines that apply to these cases.
Misdiagnosis and Delayed Diagnosis: Common Medical Malpractice Claims
Diagnostic errors are among the most common medical malpractice claims in the United States. When a physician misdiagnoses a condition or delays a correct diagnosis, patients may lose critical treatment time, allowing diseases to progress and reducing the effectiveness of care.
A misdiagnosis means identifying the wrong condition, while a delayed diagnosis occurs when treatment begins too late to prevent harm. Both can lead to unnecessary treatments, disease progression, or avoidable complications.
Common conditions in these claims include cancer, heart attacks, strokes, infections, and appendicitis. In cancer cases, early diagnosis can mean limited treatment and higher survival rates, while late diagnosis often requires aggressive care with poorer outcomes.
Proving a Diagnostic Error Case
A successful claim requires more than showing a diagnostic mistake. The patient must prove that a reasonably competent physician in the same specialty would have made the correct diagnosis under similar circumstances.
Evidence typically focuses on reported symptoms, ordered tests, and whether the physician followed accepted diagnostic protocols, as shown through medical records, lab results, and imaging studies. Experienced medical malpractice attorneys work with medical experts to analyze this evidence and establish whether the standard of care was breached.
Surgical Errors and Operating Room Malpractice in New York
Surgeries carry inherent risks, but some outcomes result from preventable mistakes rather than acceptable complications. The medical community classifies these surgical errors as never events because they should not occur when proper standards of care are followed.
When such errors happen, patients may face serious harm, including the need for additional procedures, prolonged hospital stays, or lasting changes to their quality of life.
Types of Surgical Malpractice That Lead to Lawsuits
Operating room errors take many forms, and some of the most serious involve mistakes that seem almost unimaginable:
- Operating on the wrong body part or wrong side of the body
- Performing the wrong procedure entirely
- Leaving surgical instruments, sponges, or other foreign objects inside the patient
- Damaging nerves, blood vessels, or organs during the procedure
- Failing to properly sterilize equipment, leading to post-surgical infections
These errors often result from breakdowns in communication between surgical team members, inadequate pre-operative planning, or failures to follow established safety protocols. The harm may range from additional surgeries to permanent disability or death.
Hospitals and surgical centers have implemented safety checklists and timeout procedures specifically to prevent these errors, yet they continue to occur. When they do, a medical malpractice attorney may help victims pursue claims against the responsible parties.
Anesthesia Errors and Patient Safety
Anesthesia mistakes may prove even more dangerous than surgical errors in some cases. An anesthesiologist must carefully review the patient's medical history, monitor signs throughout the procedure, and administer the correct type and dosage of anesthesia. Errors in any of these areas may cause brain damage, organ failure, or death.
Patients may also suffer harm if the anesthesiologist fails to properly intubate them or does not respond appropriately when complications arise during surgery. Because anesthesia affects breathing, heart function, and consciousness, even small errors may have severe consequences.
Medication Errors and Prescription Drug Malpractice
Medication errors occur at multiple points in the healthcare system, from the doctor's office to the pharmacy to the hospital bedside. Each year, these mistakes cause significant harm to patients across New York and nationwide. The complexity of modern pharmaceuticals, combined with the number of people involved in prescribing and administering medications, creates numerous opportunities for errors.
Common Causes of Medication Errors in Healthcare Settings
Prescription and medication mistakes may involve multiple parties and circumstances:
- Prescribing a medication to which the patient has a documented allergy
- Ordering the wrong dosage or failing to account for the patient's weight, age, or kidney function
- Dispensing the wrong medication due to similar drug names or packaging
- Administering medication to the wrong patient in a hospital setting
- Failing to check for dangerous interactions with other medications the patient takes
Liability may fall on the prescribing physician, the administering nurse, the dispensing pharmacist, or the healthcare facility itself, depending on where and how the error occurred. These cases often require careful investigation to identify all responsible parties.
A medical malpractice attorney may consult with pharmacology experts and review medical records to trace how and where an error occurred. Electronic medical records and computerized ordering systems have reduced some types of medication errors, but human mistakes still occur regularly.
Birth Injuries and Obstetric Malpractice Claims in New York
Childbirth involves complex medical decisions that may affect both mother and baby. When obstetricians, nurses, or hospital staff fail to meet the standard of care during pregnancy, labor, or delivery, the consequences may last a lifetime.
Birth injuries represent some of the most heartbreaking medical malpractice cases because they affect the most vulnerable patients and may require decades of ongoing care.
Types of Birth Injury Negligence That Lead to Lawsuits
Birth injury claims arise from various forms of negligence during the childbirth process:
- Failing to recognize and respond to signs of fetal distress
- Delaying a necessary cesarean section when vaginal delivery poses risks
- Using excessive force or improperly applying forceps or vacuum extractors
- Failing to diagnose and treat conditions like preeclampsia or gestational diabetes
- Inadequate monitoring of the baby's heart rate and oxygen levels during labor
Injuries resulting from these failures may include cerebral palsy, Erb's palsy (brachial plexus injuries), brain damage from oxygen deprivation, and physical trauma to the infant. Some birth injuries resolve with time, while others cause permanent disabilities requiring lifelong care.
The financial impact of caring for a child with a severe birth injury may reach millions of dollars over the child's lifetime. Families facing these circumstances may benefit from consulting with a medical malpractice attorney who handles birth injury cases.
Failure to Treat and Hospital Negligence in New York
Medical malpractice may also arise when providers fail to deliver appropriate treatment or when hospitals do not maintain safe patient conditions. These cases often involve ongoing or systemic issues rather than a single error, which can make them harder to identify and prove.
When Treatment Falls Below the Standard of Care
A failure to treat claim occurs when a physician diagnoses a condition but does not provide proper care. This may include premature discharge, failure to order follow-up testing, lack of specialist referral, or ignoring symptoms that require further evaluation. Heavy workloads and inadequate staffing may contribute to these lapses.
Hospitals may also be liable when patient harm results from poor training, supervision, equipment maintenance, or safety protocols. Claims may involve hospital-acquired infections, patient falls, or medication errors. A medical malpractice attorney can assess whether liability rests with the hospital, individual providers, or both.
New York Medical Malpractice Statute of Limitations and Filing Deadlines
New York imposes strict deadlines for filing medical malpractice lawsuits. Under CPLR Section 214-a, patients generally have two years and six months from the date of the alleged malpractice to commence legal action. Missing this deadline typically results in losing the right to pursue a claim, regardless of how strong the evidence of negligence may be.
Exceptions to the Standard Filing Deadline
Several circumstances may alter this timeframe. If a patient receives continuous treatment from the same provider for the same condition, the clock may not start until that treatment ends.
When a surgeon leaves a foreign object inside a patient's body, the patient has one year from the date the object was or should have been discovered.
For cancer misdiagnosis cases, New York's Lavern's Law allows patients two and a half years from the date they discovered or should have discovered the malpractice, with an overall cap of seven years from the date of the error.
Claims involving minors are tolled until the minor turns 18, subject to additional statutory limits. By contrast, claims against municipal or public hospitals require service of a notice of claim within 90 days and commencement of suit within one year and 90 days, pursuant to General Municipal Law §§ 50-e and 50-i.
Because these deadlines vary based on the specific circumstances of each case, consulting with an attorney promptly after discovering potential malpractice helps protect your legal rights.
How a New York Medical Malpractice Attorney Fights for Injured Patients
The attorneys at Washor Kool Sosa Maiorana & Schwartz, LLP have represented patients and families harmed by medical negligence across New York City and Long Island for many years.
Our attorneys have collectively achieved verdicts and settlements exceeding $1 billion in total value across reported cases, including complex matters like birth injuries, surgical errors, and delayed cancer diagnoses. Our attorneys combine medical and legal experience to build strong, client-focused claims.
Building Strong Medical Malpractice Cases
New York medical malpractice claims require a certificate of merit under CPLR § 3012-a, confirming that a qualified medical professional has reviewed the case and found a reasonable basis for the claim.
To meet this standard, our firm works closely with physicians who review records, identify deviations from accepted care, and provide expert testimony when needed. Our attorneys gather and analyze hospital records, diagnostic imaging, lab results, and physician notes to show how and why malpractice occurred.
Award-Winning NYC Medical Malpractice Lawyers
Washor Kool Sosa Maiorana & Schwartz, LLP attorneys are recognized by Super Lawyers, Best Lawyers in America, and U.S. News & World Report as leaders in medical malpractice law. Six attorneys hold AV Preeminent ratings from Martindale-Hubbell. Our firm handles cases on a contingency fee basis, so clients pay nothing unless compensation is recovered.
FAQ for Medical Malpractice Attorney
What qualifies as medical malpractice in New York?
Medical malpractice occurs when a healthcare provider's treatment falls below the accepted standard of care and causes injury to the patient. The patient must prove that a reasonably competent provider in the same specialty would have acted differently under similar circumstances, and that the deviation directly caused harm.
How long do I have to file a medical malpractice lawsuit in New York?
New York generally requires medical malpractice lawsuits to begin within two years and six months of the alleged negligence. Exceptions exist for cases involving foreign objects left in the body, cancer misdiagnosis, continuous treatment, and claims involving minors or government entities.
What is a certificate of merit in a medical malpractice case?
New York law requires attorneys filing medical malpractice claims to submit a certificate of merit confirming that a qualified medical professional has reviewed the case and believes it has reasonable basis. This requirement helps filter out claims that lack supporting medical evidence.
What compensation may be available in a medical malpractice case?
Patients who prove malpractice may recover damages for medical expenses, lost wages, diminished earning capacity, pain and suffering, and other losses. In cases involving death, surviving family members may pursue wrongful death claims for funeral expenses, loss of financial support, and loss of companionship.
Do I need an attorney for a medical malpractice claim?
Medical malpractice cases involve complex legal and medical issues that benefit from professional representation. An experienced medical malpractice lawyer in NYC understands how to obtain medical records, work with physician experts, and meet the procedural requirements that apply to these claims.
Take Action to Protect Your Rights After Medical Negligence
When doctors, nurses, and hospitals fail to provide the care their patients need, the resulting harm may change lives forever. The attorneys at Washor Kool Sosa Maiorana & Schwartz, LLP have spent decades fighting for patients and families throughout New York who suffered because of medical negligence.
We understand the physical, emotional, and financial toll these injuries place on families, and we are committed to holding negligent healthcare providers accountable. Contact our firm today for a free consultation and learn how we may be able to help you pursue the compensation you may be owed.