When a doctor or hospital you trusted made a mistake that changed your life, you deserve straight answers about what happened and what comes next. A New York medical malpractice lawyer at Omrani & Taub, P.C. investigates hospital negligence, surgical errors, and missed diagnoses across Manhattan, Queens, and Westchester, and holds providers accountable when their care falls below the standard.
These cases are hard. They are also winnable with the right team. The consultation is always free, always confidential, and available in English and Spanish.
Speak with a medical malpractice attorney today:
- Manhattan: (212) 714-1515
- Queens: (718) 714-1515
- Westchester: (914) 714-1515
- Toll-free: 1-800-JUSTICE
What counts as medical malpractice in New York?
Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care and a patient is injured as a result. Not every bad outcome is malpractice. Medicine carries risk, and a disappointing result is not the same as negligence. The question is whether a reasonably careful provider in the same situation would have acted differently.
The four things every New York malpractice case must prove
A valid claim rests on four elements. Miss one and the case fails.
THE FOUR ELEMENTS OF A NEW YORK MALPRACTICE CLAIM
- 1. DUTY A provider-patient relationship existed
- 2. BREACH The provider fell below the standard of care
- 3. CAUSATION That failure actually caused the injury
- 4. DAMAGES The injury led to real, measurable harm
The hardest of the four is usually causation, because most patients were already sick or injured when the negligence occurred. Proving the injury was “more likely than not” caused by the provider, and not by the underlying condition, is where an experienced malpractice lawyer earns their fee.
What kinds of medical mistakes count as malpractice?
The most common New York malpractice cases fall into a handful of categories. If your story sounds like one of these, it is worth a conversation.
Failure to diagnose or a delayed diagnosis
Missing a diagnosis, or catching it too late, is one of the most damaging errors in medicine. Delayed cancer diagnosis is one of the most frequent malpractice scenarios in New York, because a tumor that was treatable at stage one becomes far more dangerous by the time it is found.
Surgical errors
Surgery leaves little room for error, and some mistakes are so serious the law treats them differently. Surgical errors like retained objects or wrong-site surgery carry unique evidentiary rules, including a special discovery deadline discussed below.
Birth injuries
When a delivery goes wrong, the consequences can last a lifetime. Birth injury claims involve specialized medical malpractice rules and a longer window to file because the injured patient is a child.
Medication and other errors
Other frequent claims include:
- Prescription and dosage errors, including dangerous drug interactions
- Anesthesia mistakes
- Emergency room negligence and misread test results
- Hospital-acquired infections from unsanitary conditions
- Failure to obtain informed consent before a procedure
Who can be held liable in a New York medical malpractice case?
Often more than the doctor who treated you. Modern medical care involves a whole team and the institution behind it, and any of them may share responsibility when something goes wrong. Identifying every liable party early is one of the most important steps toward a full recovery.
Parties that may share liability
Depending on how the harm happened, responsibility may fall on:
- The treating physician or surgeon
- The hospital or health system, for its own negligence such as understaffing or poor hygiene
- Nurses, physician assistants, and other staff
- The anesthesiologist, when anesthesia was mishandled
- Radiologists and labs that misread or lost test results
- A pharmacy that filled a prescription incorrectly
- A nursing home or rehabilitation facility
Why identifying every defendant matters
Each provider and institution usually carries its own malpractice insurance, so the parties named in your case directly affect how much coverage is available. Hospitals also frequently argue that a negligent doctor was an independent contractor, not an employee, to avoid responsibility. Sorting out these relationships is detailed work, and it is one of the first things we investigate when we open a file.
How long do I have to sue for medical malpractice in New York?
In most cases, two years and six months from the date of the malpractice. That deadline comes from New York Civil Practice Law and Rules (CPLR), section 214-a. It is shorter than the three-year window for a standard injury case, and it is one of the most common reasons valid claims are lost.
The med mal deadlines, side by side
New York does not use a general “discovery rule,” so the clock usually starts on the date of the negligent act, not the day you found out. A few exceptions change that. The chart below compares the main deadlines.
TIME TO FILE (shorter bars mean less time to act)
Foreign object discovery ████ 1 year from discovery
Standard medical malpractice ██████████ 2.5 years
Cancer misdiagnosis (Lavern’s) ██████████ 2.5 yrs from discovery*
Standard injury case (compare) ████████████ 3 years
*capped at 7 years from the act
What is the “continuous treatment” rule?
If a provider keeps treating you for the same condition, the clock may not start until that treatment ends. This is called the continuous treatment doctrine. It can extend your deadline, but it is fact-specific and easy to misjudge without a lawyer reviewing your records.
The foreign object exception
If a surgeon left a sponge, clamp, or other object inside your body, you have one year from the date you discovered it, or reasonably should have, to file. This is a narrow exception under CPLR 214-a and does not apply to devices intentionally left in place, like a pacemaker.
Claims against public hospitals move faster
If you were treated at a public facility such as NYC Health + Hospitals (Elmhurst, Bellevue, Kings County), you must usually file a formal Notice of Claim within 90 days, and the lawsuit within one year and 90 days. These deadlines are unforgiving.
What is a Certificate of Merit, and do I need one?
Yes, nearly every New York medical malpractice lawsuit needs one. A Certificate of Merit is a document your attorney files with the complaint, confirming that a qualified physician reviewed your records and agrees there is a reasonable basis for the claim. The requirement comes from CPLR section 3012-a.
Why this rule matters to you
The Certificate of Merit exists to filter out weak claims before they clog the courts, and it has a practical effect on you as a client:
- Your lawyer must consult a medical expert before filing, not after
- The upfront expert review is one reason strong malpractice firms are selective
- It signals to the defense that your case was vetted, which shapes settlement talks
The expert affirmation that sets med mal apart
This is the biggest difference between a malpractice case and an ordinary injury claim. In a car crash, jurors can often judge fault themselves. In malpractice, the standard of care is a medical question, so New York requires testimony from a qualified physician, called an expert affirmation, to establish what a competent provider should have done. No expert, no case. We line up the right specialists early.
How much is a medical malpractice case worth in New York?
Value depends on the harm, and New York does not cap most malpractice damages. A case involving a permanent disability or a lifetime of future care is worth far more than one where the patient fully recovered. During your free consultation, we walk through the specific factors that shape value in your situation.
The three categories of damages
New York recognizes three types of compensation in a malpractice case:
- Economic damages: medical bills, future care, lost wages, and lost earning capacity. These are the most quantifiable.
- Non-economic damages: physical pain, emotional suffering, and diminished quality of life. Harder to measure, often the largest part of a serious case.
- Punitive damages: rare, reserved for reckless or intentional conduct, such as operating while impaired.
What shapes the number
Every case calculates differently based on:
- The severity and permanence of the injury
- The cost of future medical and personal care
- The patient’s age, occupation, and lost earning capacity
- The strength of the expert testimony
- Available insurance and provider assets
When we build damages, we work with medical experts, life-care planners, and economists to project the full lifetime cost of the harm, not just the bills you have received so far.
Find out what your case may be worth. Free review at 1-800-JUSTICE.
What evidence proves a medical malpractice case?
The medical record is the heart of the case, but it is rarely enough on its own. Winning a malpractice claim means showing what the standard of care required and how the provider fell short, and that takes the right documents backed by the right expert.
What builds a strong claim
We assemble and review:
- Your complete medical records, not just the discharge summary
- Imaging, lab results, and pathology reports
- Hospital policies, staffing records, and incident reports
- Billing records, which sometimes reveal what was and was not done
- The expert affirmation from a qualified physician in the relevant specialty
Why the record can be hard to get
Providers control the paperwork, and records can be incomplete, delayed, or, in rare cases, altered. New York gives patients a right to their records, and your attorney can compel their release and preserve the original electronic file so that later changes can be detected.
Getting the full, unedited record early is one of the most important things a malpractice lawyer does. A missing page can be the page that proves the case.
We will get your records and review them for free. Call +1 (212) 714-1515.
How much does a New York medical malpractice lawyer cost?
Nothing up front. Omrani & Taub handles malpractice cases on a contingency-fee basis, so you pay no attorney fee unless we recover money for you. If there is no recovery, there is no fee.
New York strictly regulates legal fees in medical malpractice cases under Judiciary Law Section 474-a. Fees are calculated on a statutory sliding scale (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, and 10% on any amount over $1,250,000).
This ensures you retain the vast majority of your recovery. Case expenses, such as expert physician reviews and medical record fees, are advanced by our firm and repaid only if we secure a financial recovery for you.
How do insurance companies fight medical malpractice claims?
Medical malpractice insurers defend these cases harder than almost any other injury claim, and knowing their playbook helps you avoid the traps. Providers rarely admit fault, so the defense strategy is built on delay, doubt, and pressure.
The tactics we prepare for
- Attacking causation. The most common defense is that your underlying illness, not the provider’s care, caused the harm. We counter this with specialist testimony that separates the two.
- Blaming the patient. Under New York’s comparative negligence rule, the defense may argue you delayed treatment or ignored instructions to shift fault onto you.
- Running out the clock. Because the deadlines are short, insurers sometimes stall in the hope a claim expires. Filing on time removes that leverage.
- Lowball offers early. A quick settlement offer before you know the full extent of future care almost always undervalues a serious case.
Why preparation changes the outcome
The single biggest factor in a fair recovery is a case that is clearly trial-ready. When the defense sees strong records, credible experts, and a firm willing to try the case, the settlement conversation shifts. We build every malpractice case to that standard from the first records request.
Do not face the insurance company alone. Free review at +1 (718) 714-1515.
Why is medical malpractice harder to win than a regular injury case?
Malpractice cases demand more proof, more expertise, and more resources than a typical injury claim, which is exactly why the right firm matters. Insurance companies defend these cases aggressively because a loss sets a precedent, so providers rarely settle unless the claim is clearly prepared.
What a strong malpractice firm brings
- A network of qualified medical experts across specialties
- The resources to advance significant expert and litigation costs
- Experience reading complex medical records for the one detail that decides the case
- A track record that makes defense carriers take the claim seriously
Omrani & Taub, P.C. has represented injured New Yorkers since 1998. Partners Alex A. Omrani, Michael A. Taub, and Isaac A. Arasteh built the firm on a simple standard: serious lawyers for serious injuries. You meet your attorney directly, and our bilingual team communicates with you without translators in the middle.
What should I do if I suspect medical malpractice?
Act early and protect the record, because malpractice cases are built on documents that can be hard to get later. The steps below give your claim the best chance before deadlines start running.
Five steps to protect your claim
- Request your complete medical records. You have a right to them under New York law. Get everything, not just a summary.
- Write down what happened while it is fresh. Note dates, providers, and what you were told, in your own words.
- Do not confront the provider or sign anything. Statements and releases can be used against you later.
- Keep getting the care you need. Your health comes first, and ongoing treatment also documents the harm.
- Call a malpractice lawyer before the clock runs. An early review means records can be preserved and experts consulted in time.
How often will I hear from my attorney?
You get updates at every major stage and speak directly with your attorney, not a case manager. Malpractice cases move slowly by nature, so we keep you informed even during the quiet stretches of discovery and expert review.
Frequently asked questions
How long does a New York medical malpractice case take?
Most take two to four years, longer than a typical injury case because of the expert review, extensive medical discovery, and the defense’s willingness to litigate. Cases against public hospitals or with multiple providers can take longer. We give you a realistic timeline at the first meeting and keep it updated.
Where are New York medical malpractice lawsuits filed?
Usually in the Supreme Court of the county where the treatment happened or where the provider practices, most often Queens, New York (Manhattan), Bronx, Kings (Brooklyn), or Westchester County. Claims against public hospital systems follow specific rules that we handle at intake.
Can I get my medical records if the hospital is slow to release them?
Yes. New York law gives patients the right to their records, and your attorney can compel their release if a provider stalls. You can also verify a physician’s license and disciplinary history through the New York State Department of Health. We obtain and review the full file as part of building your case.
Can I still sue if I signed a consent form before the procedure?
Yes. Signing a consent form does not waive your right to sue for malpractice. Consent forms acknowledge the known risks of a procedure, but they do not give a provider permission to fall below the standard of care. If negligence caused your injury, the form you signed does not protect the provider.
Do I have a medical malpractice case if my treatment just did not work?
Not necessarily. A bad outcome alone is not malpractice. You have a case only if the provider fell below the accepted standard of care and that failure caused your injury. The way to know is to have your records reviewed by an attorney who works with medical experts. That review is free at our office.
Can I sue a hospital, or only the individual doctor?
Often both. A hospital can be directly liable for its own negligence, such as understaffing or poor hygiene, and can be responsible for the acts of its employees. Whether the doctor was an employee or an independent contractor affects the analysis, which is one of the first things we investigate.
What if a family member died because of a medical mistake?
You may have grounds for both a medical malpractice claim and a wrongful death lawsuit. When medical negligence causes a loss of life, the estate can pursue a malpractice action for the patient’s conscious pain and suffering, while qualifying family members can file a wrongful death claim under New York Estates, Powers and Trusts Law (EPTL) Section 5-4.1.
Wrongful death claims carry distinct legal deadlines (typically two years from the date of death) that operate independently from the standard 2.5-year medical malpractice statute of limitations. Our legal team evaluates both claims simultaneously to preserve all legal remedies for the surviving family.
Will I have to go to court?
Most malpractice cases settle before trial, but not all. We prepare every case as if it will be tried, because a defense carrier that sees a trial-ready file is far more likely to make a fair offer. If trial is the right path for your case, our attorneys are ready for it.
Talk to a New York medical malpractice lawyer today
Call Omrani & Taub, P.C. for a free, confidential case review. There is no fee unless we win. We will get your records, bring in the right experts, and tell you honestly whether you have a case.
Manhattan: (212) 714-1515 | Queens: (718) 714-1515 | Westchester: (914) 714-1515 | Toll-free: 1-800-JUSTICE. Hablamos Español.
