Medical Malpractice Claims in New York Explained

We go to doctors, nurses, and hospitals trusting them to help us, not harm us. While the vast majority of medical professionals in New York provide quality care, mistakes can happen. When a preventable error leaves you or a loved one with serious injuries or a worsened condition, you may have grounds for a medical malpractice lawsuit.

At Kerner & Kerner, we understand how overwhelming it can be to face a legal claim while focusing on your recovery. 

Here is a clear guide to how medical malpractice cases work in New York:

What Actually Constitutes Medical Malpractice?
A poor medical outcome does not automatically mean malpractice occurred. To bring a successful claim in New York, you and your attorney must prove four key elements:

• Duty of Care: You had an established doctor-patient relationship.
• Deviation from the Standard of Care: The provider failed to act as a reasonably competent professional in the same field would under similar circumstances.
• Causation: This deviation directly caused your injury.
• Damages: You suffered measurable harm, such as additional medical expenses, lost income, or pain and suffering.

In most New York cases, expert medical testimony is needed to show that the provider’s care fell below accepted standards and that this failure caused your injury.

Understanding New York’s Statute of Limitations
If you suspect medical negligence, timing is critical. New York law sets strict deadlines for filing a claim. Contact an attorney as soon as possible so that your claim does not get barred by an expired statute of limitations. 

Experienced Legal Advocacy with Kerner & Kerner
Medical malpractice cases are complex and often involve competing expert opinions. You need a legal team with the experience and resources to handle these challenges effectively.

If you believe you have been affected by medical malpractice, contact our New York City office today at 212-964-1098  to schedule a free, confidential consultation.