Medical malpractice happens when the actions of a doctor or a healthcare provider do not meet the standard of care expected, resulting in harm to a patient. In New York State, where medical liability claims are among the highest in the nation, understanding your rights and the legal process is essential for those who have suffered harm due to healthcare negligence. This comprehensive guide will help you navigate the complexities of medical malpractice law in New York and explain how to proceed if you believe you've been a victim.
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According to the National Practitioner Data Bank, there were 11,400 reported cases of medical malpractice across the U.S. in 2023, with 1,252 filed in New York—the state with the highest reported rates of medical malpractice. These New York-based malpractice cases amounted to about $616.58 million in payouts, with an average compensation of approximately $492,476 per case.
What Constitutes as Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to deliver care that meets accepted professional standards, resulting in harm to a patient. Common examples in New York include:
- Cancer misdiagnosis or failure to diagnose other life-threatening diseases
- Surgical errors, including wrong-site surgery, retained surgical items, or improper technique
- Medication errors, including incorrect prescriptions or dosages
- Birth injuries to mother or infant
- Lack of informed consent
- Improper patient education
- Prescribing wrong medical exams
- Premature patient discharge
- Failure to order necessary follow-up exams
- Anesthesia errors
- Hospital-acquired infections
Essentially, medical malpractice occurs when healthcare providers fail to uphold standard care practices, allowing diseases to progress or creating new medical problems for patients.
Understanding the Standard of Care
The "Standard of Care" refers to generally accepted best practices within the medical field. These practices are based on guidelines, research, community consensus, and evolve as new knowledge and better technology emerge. In medical malpractice claims, expert opinions from medical professionals are needed to define the applicable standard of care for your specific situation.
To prevent frivolous lawsuits, New York State requires a certificate of merit for all medical malpractice cases. These can only be given by qualified medical experts after thorough case examination.
The Porter Law Group has longstanding partnerships with medical experts in various fields of specialization. We work with these experts who can evaluate your case, determine at which point medical malpractice occurred, and issue the required certificate. And should it be necessary, they can also testify for you in a trial.
If you believe that you've been a victim of medical malpractice in New York, contact us today for a free consultation.
What Is Meant by a "Breach of the Standard of Care" in a Medical Malpractice Case?
A breach of the standard of care means that the healthcare provider failed to follow professional obligations to patients—in other words, they were negligent. This is one of the four key elements that must be proven in a medical malpractice lawsuit.
The standard of care is determined by various sources (in descending order of relevance):
- Laws and regulations passed by federal and state governments (including the Patient's Bill of Rights)
- Court opinions
- Regulatory statements, such as guidelines from licensing boards
- Authoritative clinical guidelines
- Policies and guidelines from professional organizations
- Journal/research articles
- Accreditation standards
- Facility policies and procedures
Does Lack of Informed Consent Constitute as Medical Malpractice?
Yes, failure to obtain proper informed consent can constitute medical malpractice. Doctors are required to let patients know about the risks they may have to undergo for certain medical procedures, so that they can make the best choices personally. This is known as informed consent, and it is practiced to safeguard both doctors and patients. For doctors, it provides legal protection; for patients, it maintains autonomy over their treatment decisions.
Procedures Requiring Informed Consent
- Surgery
- Medications with potential side effects
- General anesthesia
- Blood transfusions
- Organ transplants
- Participation in clinical trials
- Release of medical photographs
Components of Informed Consent
A proper informed consent document should include:
- Description of the recommended intervention
- Discussion of material risks and benefits
- Explanation of reasonable alternative options
- Overview of what to expect during recovery
- Statement that consent is voluntary
- Statement that questions were answered
- Signature lines for all parties
Special Considerations on Consent
In certain situations, consent may be obtained from someone other than the patient:
- For children and minors: Parents or legal guardians provide consent
- For mentally incapable patients: A legally appointed guardian or healthcare agent provides surrogate consent
- In emergency situations: Doctors may proceed based on implied consent to preserve life/health
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Can You File a Medical Malpractice Lawsuit Against Someone Other Than a Doctor?
Yes, various healthcare professionals can be sued for malpractice if their actions or inactions directly caused patient harm. These include:
- Nurses: Medication administration errors, failure to monitor patients, improper equipment use, failure to communicate critical information
- Pharmacists: Dispensing wrong medications/dosages, failure to identify drug interactions, mislabeling medications
- Dentists: Performing unnecessary procedures, nerve damage, improper tool use, failure to diagnose oral diseases
- Chiropractors: Spinal manipulation errors, failure to diagnose serious conditions, performing contraindicated manipulations
- Physical Therapists: Pushing patients beyond safe limits, improper equipment use, harmful exercise recommendations
- Psychologists/Psychiatrists: Breach of confidentiality, misdiagnosis, improper medication management, failure to prevent self-harm
- Optometrists: Misdiagnosis of eye conditions, incorrect prescriptions, failure to detect serious eye diseases
- Anesthesiologists: Dosage errors, failure to monitor vital signs, improper intubation, failure to recognize allergic reactions
- Midwives: Failure to recognize complications, improper delivery techniques, delayed specialist referrals
Healthcare facilities like hospitals, clinics, and nursing homes can also be sued for:
- Inadequate staffing or training
- Failure to maintain sanitary conditions
- Equipment malfunction due to poor maintenance
- Improper medication management systems
- Failure to follow proper safety protocols
- Negligent hiring or retention of incompetent staff
How To Start A Medical Malpractice Lawsuit In New York
Establish a Medical Malpractice Claim
To establish a valid medical malpractice claim, four key elements must be proven:
- Duty of Care: Was there an appropriate doctor-patient relationship?
- Breach of Duty: Did the healthcare provider fail to meet the standard of care?
- Causation: Did this breach directly cause harm to the patient?
- Damages: What did this harm cost the patient (medically, financially, emotionally)?
Gather Important Documents
When building a case, gather the following documentation:
- Medical records
- Informed consent forms
- Expert witness statements
- Incident reports
- Medical bills
- Employment records (for lost wage claims)
- Photographic evidence
- Communication records
- Prescription records
- Insurance documentation
Note that legal representation may be required to obtain some of these documents, so it is always wise to seek expert legal advice from an experienced medical malpractice lawyer.
View the results we've achieved for previous clients who have also suffered medical malpractice in New York, to see why so many have trusted us in their time of great need. Contact us today for a free consultation.
Filing a Medical Malpractice Claim in New York
After the initial investigation and evaluation, if your attorney determines your claim has merit, these are the general steps:
- Send a Notice to the Defendant: Provide an "Intent to Sue" notice, legally required in New York.
- Officially File the Claim: Submit the initial complaint to the appropriate court, indicating allegations and damages sought.
- Serve the Defendant: Provide copies of the complaint and court summons to the defendants.
- Discovery Stage: Both sides exchange documents, including written questions, document requests, sworn depositions, and expert disclosures.
After discovery, settlement discussions often begin. Approximately 90% of medical malpractice cases end in out-of-court settlements, as defendants often prefer to avoid the uncertainty of verdicts, negative publicity, and additional legal expenses.
Our attorneys at the Porter Law Group have decades of experience negotiating favorable settlements for clients throughout the State. If you or a loved one have suffered from medical malpractice in New York, contact us today, and we can guide you through the process of securing the best possible settlement for all your injuries and losses.
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Statute of Limitations for Medical Malpractice in New York
Due to the statute of limitations, it's important to act quickly if you believe you have experienced medical malpractice, or you will lose your right to file a claim. According to CPLR 214-A, you can file a medical malpractice claim within 2 years and 6 months from either:
- The date the malpractice occurred, or
- The end of continuous treatment by the provider being sued
The statute of limitations can vary based on specific circumstances, so consulting with an attorney promptly is crucial.
Compensation for Medical Malpractice Victims
If you establish a valid claim, you may be entitled to compensation for:
Economic Damages
- Past and future medical expenses (testing, medication, surgery, transportation, check-ups, assistive devices, hospice care, rehabilitation)
- Lost income due to inability to work
- Lost benefits
Non-Economic Damages
- Pain, suffering, and emotional distress
- Reduced life expectancy
- Loss of enjoyment (inability to participate in hobbies/activities)
- Disfigurement/physical impairment
- Impact on family relationships
Be transparent with your legal counsel when accounting for these damages to ensure comprehensive compensation.
Why Choose Porter Law Group for Your Medical Malpractice Case?
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 some of the largest 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 a Medical Malpractice Attorney Today
At the Porter Law Group, we take pride in helping families rebuild after unfavorable medical outcomes. Our team of experienced medical malpractice lawyers works in tandem with licensed medical professionals to establish and strengthen your claim.
We offer free initial consultations, and operate on a contingency basis, meaning you don't need to pay anything unless we win your case. This approach allows us to better support families during difficult times.
If you or a loved one has been a victim of medical malpractice, please contact us for a no-obligation, free case evaluation. Call 833-PORTER9 or email info@porterlawteam.com today, and let us help you get started on your road to recovery.
