Neurology is a highly specialized and continuously advancing field of medicine that focuses on diagnosing and treating disorders of the brain, spinal cord, and nervous system. Because of its complexity, even minor medical errors in this field can lead to catastrophic, life-altering injuries. When neurologists fail to meet the expected standard of care, the consequences can be devastating for patients and their families.
Prior results do not guarantee a similar outcome.
If you or a loved one has suffered harm due to neurology malpractice in New York, the experienced attorneys at the Porter Law Group are here to help.
Neurology Malpractice Lawyers in New York
Neurology malpractice cases demand an in-depth understanding of both medical science and legal strategy. The dedicated legal team at The Porter Law Group has extensive experience handling these complex cases and fighting for the rights of injured patients throughout New York.
We work closely with medical experts to build strong cases and hold negligent neurologists accountable for their actions. Our attorneys understand the intricate nature of neurological medicine and the potentially life-altering consequences of medical errors in this field. We have recovered millions of dollars in compensation for New Yorkers who have been injured by medical malpractice.
Contact us today at 833-PORTER9 or email info@porterlawteam.com to schedule a free consultation. We work on a contingency fee basis, so there are no fees unless we win your case.
What is a Neurologist?
A neurologist is a doctor who specializes in diagnosing and treating diseases of the nervous system. Unlike neurosurgeons, neurologists do not perform surgery. Instead, they focus on non-surgical treatments and diagnostic evaluations.
Neurologists treat a wide range of conditions, including:
- Epilepsy and seizure disorders
- Parkinson’s disease
- Alzheimer’s disease and other forms of dementia
- Multiple sclerosis
- Tremors and movement disorders
- Dystonia
- Traumatic brain injuries (TBIs)
- Chronic migraines and headaches
- Stroke and cerebrovascular disease
- Brain tumors (diagnosis and non-surgical treatment)
- Peripheral neuropathy
They perform and interpret tests such as MRIs and CT scans, Electroencephalography (EEG), and nerve conduction studies, and prescribe medications to help patients manage pain and restore normal body function. Because diagnosis is the foundation of effective treatment, neurologists play a critical role in a patient’s health journey.
When a neurologist fails to deliver care consistent with accepted medical standards, the result can be permanent injury or preventable worsening of a serious condition.
Common Types of Neurology Malpractice
Neurology malpractice can occur in various forms, including:
Diagnostic Errors
- Failure to diagnose neurological conditions such as stroke, epilepsy, or brain tumors
- Misdiagnosis or delayed diagnosis of serious conditions
- Misinterpretation of brain imaging, EEG results, or other diagnostic tests
- Failure to order appropriate diagnostic tests (e.g., CT scans, MRIs, EEGs)
- Delayed diagnosis leading to condition progression and worsened outcomes
Treatment Failures
- Incorrect or dangerous medication management
- Failure to monitor patient progress or recognize complications
- Neglect in treating brain swelling or pressure after trauma
- Delays in intervention during neurological emergencies such as stroke
- Inadequate seizure disorder management
Communication and Consent Issues
- Poor doctor-patient communication
- Failure to obtain or document informed consent
- Failure to explain risks and benefits of treatment options
- Lack of follow-up care or monitoring
Birth-Related Neurological Injuries
- Negligent delivery techniques causing brain or spinal cord injury
- Failure to recognize and respond to signs of fetal distress
- Improper use of delivery instruments leading to neurological damage
Legal Framework for Neurology Malpractice in New York
Statute of Limitations
New York’s medical malpractice statute of limitations is generally two years and six months (30 months) from the date of the malpractice incident or the end of continuous treatment by the healthcare provider. However, there are several important exceptions:
Lavern’s Law: This 2018 amendment specifically addresses cancer-related malpractice cases. For cases involving failure to diagnose cancer or malignant tumors, patients now have 2.5 years from the date of discovery of the malpractice, with an overall cap of seven years from the actual date of the alleged malpractice.
Cases Involving Minors: For injured minors, the statute is extended until the child turns 18, but cannot exceed 10 years from the date of malpractice.
Certificate of Merit Requirement
Under New York law, all medical malpractice lawsuits must be filed with a Certificate of Merit, which confirms that the plaintiff’s attorney has consulted a qualified medical expert who believes the case has legal and medical merit. If the attorney cannot obtain this certificate before the statute of limitations expires, the law allows a 90-day extension after serving the defendant.
The Consequences of Neurology Malpractice
When neurologists fail to provide adequate care, patients may suffer from a wide range of severe neurological injuries, including:
- Worsening of brain or spine injuries
- Complications from stroke or aneurysm
- Permanent nerve damage
- Hydrocephalus
- Cerebral palsy
- Epilepsy or seizure disorders
- Paralysis and loss of motor function
- Cognitive impairment and memory loss
- Speech and language disorders
- Chronic pain syndromes
- Wrongful death
These injuries often require extensive medical treatment, rehabilitation, and long-term care, creating enormous financial and emotional burdens for patients and their families.
Proving Neurology Malpractice
To succeed in a neurology malpractice claim, plaintiffs must prove four essential legal elements:
- Professional Duty: A doctor-patient relationship existed, establishing the neurologist’s duty to provide appropriate care.
- Breach of Duty: The neurologist failed to adhere to the accepted standard of care expected in similar circumstances.
- Causation: The breach of duty directly caused the patient’s injuries.
- Damages: The patient suffered quantifiable losses, such as medical bills, lost wages, or pain and suffering.
Neurology cases can be especially complex due to the technical nature of the injuries involved. Testimony from qualified medical experts is vital to explain how the provider’s actions deviated from the standard of care.
What Type of Damages Can I Recover as a Victim of Neurology Malpractice?
Unlike many states, New York does not impose caps on medical malpractice damage awards, meaning juries are free to award any amount they deem appropriate. Victims of neurology malpractice can suffer debilitating and highly lifestyle-disruptive injuries.
If you’ve been injured by neurology malpractice, you may be entitled to compensation for:
Economic Damages
- Medical bills and ongoing treatment costs
- Rehabilitation expenses
- Lost wages and reduced earning capacity
- Long-term care and assistance needs
- Assistive devices and home modifications
Non-Economic Damages
- Pain and suffering
- Reduced quality of life
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Loss of consortium (for spouses)
Special Circumstances
- Paralysis and permanent disability compensation
- Wrongful death damages for surviving family members
The average medical malpractice settlement in New York is approximately $446,000, which is nearly double the national average of $242,000. Due to the serious, long-term nature of neurological injuries, neurology malpractice cases often result in significantly higher settlements or jury awards.
Frequently Asked Questions About Neurology Malpractice
Q: How do I know if I have a valid neurology malpractice case?
A valid case requires proof that your neurologist failed to meet the accepted standard of care and that this failure directly caused your injury. Common signs include delayed diagnosis, failure to order appropriate tests, medication errors, or inadequate treatment that worsened your condition. Our attorneys can evaluate your case during a free consultation.
Q: What is the time limit for filing a neurology malpractice lawsuit in New York?
Generally, you have 2.5 years (30 months) from the date of malpractice or end of continuous treatment. However, exceptions exist, including Lavern’s Law for cancer cases and extended timelines for minors. It’s crucial to consult with an attorney as soon as possible to protect your rights.
Q: How much does it cost to hire a neurology malpractice attorney?
The Porter Law Group works on a contingency fee basis, meaning you pay no attorney fees unless we win your case. We also offer free, no-obligation consultations to evaluate your potential claim.
Q: Can I sue if my neurologist made an honest mistake?
Yes. Medical malpractice law doesn’t require intent to harm. Malpractice law focuses on whether the provider met the accepted standard of care—not whether the error was intentional. Even unintentional mistakes can justify a lawsuit if they cause harm.
Q: What if my neurological condition was pre-existing?
You can still pursue a malpractice claim if your neurologist’s negligence worsened your pre-existing condition, delayed proper treatment, or failed to prevent complications that should have been avoided with proper care.
Q: How long do neurology malpractice cases typically take?
These complex cases often take 18 months to several years to resolve, depending on the complexity of medical issues involved and whether the case settles or goes to trial.
Q: Will I have to testify in court?
Many cases settle out of court, but if your case goes to trial, your testimony about how the malpractice has affected your life may be important. Your attorney will prepare you thoroughly for any testimony.
Reach out to our experienced team for a free consultation.
Why Choose the Porter Law Group?
The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained large settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.
Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.
You only get one chance to hire the best lawyer for you and your family. Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results.
When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.
Contact The Porter Law Group: Your New York Neurology Malpractice Attorneys
If you suspect that you or a loved one have been a victim of neurology malpractice anywhere in New York, don’t hesitate to seek legal guidance. The compassionate and experienced attorneys at The Porter Law Group are here to help you navigate the complex legal process and fight for the compensation you deserve.
The skilled attorneys at The Porter Law Group have the knowledge and resources necessary to build a strong case on your behalf. We will thoroughly investigate your claim, gather evidence, and consult with board-certified medical experts to demonstrate the extent of the malpractice and its impact on your life. We stand ready to bring our resources, experience, and skills to work for you and help you and your family recover the compensation you deserve.
Given the potentially life-altering nature of neurological injuries and the substantial compensation available, victims of neurology malpractice should consult with qualified attorneys as soon as possible to protect their rights and pursue appropriate compensation for their injuries.
Call us at 833-PORTER9 or email info@porterlawteam.com to schedule your free consultation today.
*Prior results do not guarantee a similar outcome.
