Medical Malpractice Lawyer Near Me

Look for a lawyer who regularly handles malpractice claims, explains the deadline that applies to you, tells you plainly what the records do and do not show, and puts the fee terms in writing. Location matters less than it used to, because much of the work is done from records and many meetings happen by phone or video. Our offices are in Uniondale, Brooklyn, Corona and Teaneck, New Jersey.

We review claims involving delayed or missed diagnosis, including cancer; surgical and anesthesia errors; medication errors; birth injuries; emergency-department care; failures to monitor hospital patients; and neglect in nursing homes. Whether a particular case can go forward depends on the records and an expert review, so we tell you what we find rather than promising a result.

The first review is free. Judiciary Law 474-a sets a maximum statutory schedule for contingent fees in New York malpractice cases: 30% of the first $250,000, 25% of the next $250,000, 20% of the next $500,000, 15% of the next $250,000 and 10% of anything over $1,250,000. A court can approve a different fee in limited circumstances, and how case expenses are handled is set out in the written retainer. You pay no attorney fee unless there is a recovery.

Generally two years and six months from the malpractice, or from the last treatment where the same provider was still treating the same illness, injury or condition that gave rise to the claim (CPLR 214-a). Narrow additional rules apply to some foreign objects left in the body and to a missed cancer, and infancy can extend the time up to ten years after the claim accrues; the deadlines section on this page sets out each branch. For an ordinary personal-injury claim over care at an NYC Health + Hospitals facility, a notice of claim is due on NYC Health + Hospitals within 90 days after the claim accrues and suit within one year and 90 days, subject to any toll or late-notice relief. Wrongful death and State or federal facilities follow separate rules.

By showing a treating relationship, a departure from accepted medical practice, that the departure caused the injury, and the resulting harm. The proof is usually the records, testimony of the providers and expert medical testimony on the standard of care and causation. Before filing, the attorney usually consults an appropriately licensed practitioner and files a certificate of merit (CPLR 3012-a); that is the attorney’s certificate, not an expert affidavit, and the statute allows limited alternatives.

Damages can include past and future medical and care costs, lost earnings and earning capacity, and pain and suffering, including loss of enjoyment of life. A spouse may have a related claim, and after a death the estate may bring wrongful death and survival claims. The value depends on the injury and the proof, so we do not quote figures before a review. Past results do not predict another case.

It depends on how many providers are involved, how long records and expert reviews take, how the defendants respond, and the court’s calendar. Depositions and expert disclosure are standard, and an injury’s long-term effects may take time to understand. We do not promise a timeline; we explain what is driving yours and keep you informed.

Common reasons are that the records show a known complication rather than a departure from accepted practice; that the illness, not the care, caused the outcome; that the deadline has passed; or that the injury, while real, cannot be tied to the error. We tell you which of these applies, if any, and why, so you can decide what to do next.

Sometimes. The question is not whether the doctor meant well but whether the care met accepted practice for the situation. A reasonable judgment between accepted options is generally not malpractice, and neither is a disclosed risk that occurs despite care that met accepted standards; disclosure never excuses a procedure performed negligently. Missing something a careful provider would have caught can be. Separately, a non-emergency procedure done without disclosing reasonably foreseeable risks and alternatives may support an informed-consent claim if the statute’s other elements, including causation, are also met (Public Health Law 2805-d).

The firm has more than 40 years of experience and has recovered more than $100 million for clients across its practice. We start every malpractice review with the records and the deadline, explain what an expert review found, and put the fee terms in writing. We meet at our Uniondale, Brooklyn and Corona offices, in New Jersey, or by phone or video. Past results do not guarantee a similar outcome.