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New York Medical Malpractice Lawyers

New York Medical Malpractice Lawyers

New York Medical Malpractice Lawyers

Medical malpractice often results in devastating outcomes that cause a person to suffer debilitating or permanent damage. As the third leading cause of death in the U.S., medical errors are a serious issue. New York medical malpractice reports are the highest in the country. You need a lawyer to fight for your rights and get you the compensation you deserve when a medical professional violates the standard of care.

A medical malpractice attorney is diligent in litigating these complicated cases and understands that as a victim, you seek justice. At Silverstein & Kahn P.C., your case is important to us, and we investigate, research, and prosecute your claim to the fullest extent of the law. Our compassionate and dedicated team is always here to help and ready to get started on your New York medical malpractice case with a free consultation.

What is Medical Malpractice?

Medical malpractice occurs when an act of negligence or omission on the part of a doctor, health care professional or health care facility results in injury or illness to a person. Negligent acts often stem from treatment, diagnosis, or health care management errors on the part of healthcare providers. Determining fault is an essential aspect of any medical malpractice claim. Medical malpractice attorneys review potential cases to determine that the claims meet specific criteria.

How Is Medical Malpractice Determined?

How Is Medical Malpractice Determined

A medical malpractice lawsuit serves to compensate injured persons, deter unsafe medical practices, and bring justice. A claim must have merit for a lawsuit to proceed, and a New York medical malpractice lawyer must prove these four conditions exist:

  • Duty: This refers to the duty of care owed to a plaintiff in a case. The law recognizes an acceptable standard of care that pertains to medical treatment, and a healthcare provider should deliver care that meets this standard. If this standard is unmet, an attorney makes a case for negligence. A duty a physician owes a patient is to act in the same manner as another licensed physician, given the established treatment standards.
  • Dereliction: This is a breach of duty of care. The physician failed to uphold the duty owed to the patient by providing care that is inconsistent with established medical standards. Medical malpractice lawyers cite a duty of care breach when a physician treats a person in a negligent manner.
  • Direct Cause: This is where there is a causal connection between a patient’s injury and the breach of duty of care. As your attorney, we work to establish that the failure to provide the standard of care is the direct cause of your injury. The burden of proof is set high for a plaintiff in a medical malpractice case. It is necessary to show that an injury would not have occurred absent the defendant’s negligence.
  • Damages: These are losses that occur because of injury. In medical malpractice cases, the losses are often substantial due to the nature and severity of injuries. Litigating medical malpractice is a lengthy and expensive process. Medical malpractice attorneys log many hours of work to manage the intricate details associated with these cases. The viability of a case centers around the amount of the damages incurred. Since this type of lawsuit is costly to pursue, the damages must be significant, or the case may cost more than any recovery.

It is incumbent upon the plaintiff’s NYC medical malpractice attorneys to show that current medical expenses and future medical expenses warrant a large damage amount.

Are Medical Malpractice and Personal Injury Suits the Same?

Medical malpractice is a type of personal injury where an individual sustains harm by another party. Medical malpractice and personal injury cases are similar in these ways:

  • Both involve injured persons
  • Both are civil cases
  • Both seek monetary awards for damages
  • Both include non-economic damages (pain and suffering)

Personal injury cases are usually not as complicated as medical error cases. Most personal injury claims settle outside of court.

What are the Differences with Medical Malpractice Claims?

Medical malpractice litigation requires a different level of skill and focus from medical malpractice lawyers than personal injury claims. Here are reasons why these cases require a substantial time investment from our team.


Medical professionals named in medical malpractice lawsuits frequently attempt to deny responsibility, even when liability is clear. With personal reputations and sizeable damage awards on the line, the fight to prove your claim is often an arduous one. We know the importance of preparing a solid case. It is imperative to understand all the issues related to your claim to defend your rights under the law.

What are the Differences with Medical Malpractice Claims


Medical malpractice has a highly specific set of laws that govern these cases. Interpreting the legal nuances that surround medical errors and designating fault requires a knowledgeable attorney. Since attorneys often seek large damage awards, the need to get the particulars of your case right is essential for a successful outcome.


The testimony of expert witnesses is a must for a case that involves medical negligence. Medical malpractice attorneys identify experts that assist with your case. A lawsuit can require multiple expert witnesses to prove the veracity of a claim. The fees charged for expert testimony are expensive, so moving forward with a case requires a well-developed legal strategy.

Medical Malpractice Lawyers NY


An individual must provide a sworn affidavit (statement) from a physician asserting that a defendant’s negligence caused your injury or illness. No other personal injury cases require an affidavit of merit before filing a lawsuit. Medical malpractice lawyers help clients manage these critical details.

Statute of limitations

Most personal injury cases allow an individual up to three years to make an initial filing. The NYC statute of limitations for a medical malpractice claim or lawsuit is two and half years (30 months). It is critical to hire a medical malpractice lawyer in New York, NY to handle your case. While the law allows you to wait for a period of time before filing, the evidence to prove your case is easier to compile soon after an injury incident.

Rates of success

Once you contact us, we will quickly review the facts of your case. Medical malpractice lawsuits are more challenging to prove than personal injury suits and tougher to win due to the complexities. Rates of success in these cases are largely defined by the facts of your case and the experience of the attorney(s) that represent you.

In New York City, our law firm at Silverstein & Kahn P.C. skillfully defends our clients and protects their rights. We believe our record of verdicts and settlements speaks for itself

Are There Exceptions to the Statute of Limitations?

Given that there are always extenuating circumstances for certain cases, medical malpractice law allows several exceptions to the statute of limitations. New York Civil Practice Law and Rules Section 214-A gives a tolling period in specific situations. Tolling is a legal rule that pauses or delays the statute of limitations. Here are the two exceptions for New York cases:

  1. A minor has latitude in reaching the age of 18 before the statute of limitations begins.
  2. Patients receiving continuous care have the right to a toll under New York law. You must be able to prove continuous treatment to qualify. The statute continues when treatment ends. Medical malpractice lawyers can determine if this rule applies to your case.

Additionally, New York has a discovery rule in cases involving a foreign object left inside a person’s body. Medical malpractice attorneys can review incidents that meet these criteria. You have one year from the date you discover an object to file a medical malpractice claim.

What Are Common Types of Medical Malpractice?

Medical malpractice causes 250,000 deaths in the U.S. each year. Medical negligence acts by doctors, nurses, medical technicians, and other health practitioners also cause serious or permanent injury to patients. These are common medical malpractice errors handled by a medical malpractice lawyer in NYC.

Failure To Diagnose Medical Conditions

The failure to diagnose serious conditions leaves a patient at severe risk of harm or death. If a person has an illness, such as cancer or heart disease, the consequences could be catastrophic. A failure to diagnose less serious conditions may still pose risks. An untreated bone fracture or dislocation could lead to chronic pain and loss of mobility.

Common Types of Medical Malpractice

Misdiagnosis or Delayed Diagnosis

The most common reason for medical malpractice is misdiagnosis. Patients receiving treatment from a physician who provides the wrong diagnosis for an injury or illness could suffer fatal consequences. A misdiagnosis could involve the wrong medications or treatment plans. The misdiagnosis can lead to a delayed diagnosis, and a serious health condition may advance too far for proper treatment measures to work.

Surgical Errors

Surgical errors result in many medical malpractice claims. The types of claims widely vary from leaving a medical instrument inside a person’s body, operating on or removing the wrong body part, to operating on the wrong patient. The outcomes are often devastating and lasting. Our team of medical malpractice lawyers is knowledgeable regarding surgery malpractice claims.

Emergency Room Errors

Emergency rooms are busy places, and medical teams must make quick decisions. However, the legal standard of care still applies to emergency room treatment. Doctors must perform their duties with the competency expected of a qualified physician trained for that environment.

Medication Errors - Medical Malpractice

Medication Errors

Prescribing the wrong medication or administering the wrong dosage can lead to a medical malpractice claim. People are vulnerable to doctors and pharmacists incorrectly prescribing drugs or filling prescriptions. If an individual is allergic to prescribed medication, a bad reaction can be a life-threatening complication. It is important to speak with skilled medical malpractice attorneys when injured due to a medication error.

Birth Injuries

There are a number of birth injuries that change the course of life for children and their families. The most common is cerebral palsy, which can occur when a baby suffers oxygen deprivation at birth. This results in lifelong trauma for the victim, and a medical malpractice lawyer in NYC seeks the damages your family deserves. There are also birth injuries from mistakes in prenatal care and surgical procedures and in inadequate monitoring of health conditions.

Hospital-Acquired Infections

Pneumonia is the most prevalent hospital-acquired infection. Senior and immunocompromised patients are at risk of poor outcomes from severe lung infections. Viral, fungal, and bacterial infections occur in hospitals without aggressive measures toward infection prevention.

Sepsis is a leading cause of death in hospitals. A patient who recovers from sepsis may have organ damage that requires a transplant or permanent brain damage that results in memory or process issues.

Hospital Negligence

Hospital lawsuits are primarily due to negligent actions on the part of employees. A hospital is liable for employee acts that occur on the job. The legal doctrine of respondeat superior covers this type of liability. Medical malpractice lawyers determine if there is cause to place fault with a hospital for your injury. Hospital organizational issues may also lead to medical error cases.

What Special Issue is Important in Medical Malpractice Claims?

Medical malpractice cases require a thorough review to determine the merits of a claim. One crucial aspect of medical malpractice law is establishing a doctor-patient relationship existed prior to the injury. If you were under the treatment of the doctor who you claim is responsible for your injury, this constitutes a relationship. It is not enough to say you overheard advice from a doctor as the basis for your claim.

How Does Your Lawyer Prove Damages?

New York Medical Malpractice Attorney

Medical malpractice attorneys must prove that a standard of care violation lead to your injury and detail the types of harm you experienced. These are the main types of harm in medical malpractice suits:

  • Economic damages: These damages include medical bills, lost wages, lost work capacity, and projected injury-related expenses.

  • Non-economic damages: This covers the broad category of pain and suffering, a significant factor in medical malpractice compensatory awards.

  • Physical damages: This is bodily injury that is debilitating or permanent that affects your current and future quality of life.

If a doctor does not meet the standard of care, yet no harm occurs, there is no basis for pursuing medical malpractice.

Is There a Limit to Damage Amounts?

There are limits on the amount in damages you can recover in a medical malpractice case in many states. However, New York does not place a cap on damages a victim of malpractice can recover. A medical malpractice lawyer in NYC walks you through the settlement process, so you understand your rights to compensation under the law.

How Does an Attorney Help With Your Claim?

Medical malpractice lawsuits are complex legal matters that necessitate hiring experienced medical malpractice lawyers. You need a team who knows how to represent your case and argue for damages commensurate with your losses and suffering. Here are ways our law firm gets it done.

Gives Legal Advice

We offer legal advice personalized to your situation. We listen to your concerns and walk you through the legal process. Most medical malpractice cases settle before trial. However, some find resolution in a courtroom. We handle communications and legal tasks from the start, so you are confident about moving forward with your claim.

Explains Your Rights

Understanding your legal rights is essential. While laws support the rights of plaintiffs to seek compensation, malpractice suits are complex, and liability is frequently a challenge to prove. Medical malpractice attorneys inform you of the ongoing legal strategy and discuss your options under the law.

Develops Your Case

You need structured and sound legal arguments to succeed in a malpractice suit. These are ways we build your case and pursue the information and resources needed to bring your claim to justice:

  • Organize the facts of your case
  • Gather evidence in support of your claim
  • Prepare medical records
  • Find expert testimony
  • Respond to legal motions
  • Research case law specific to your claim
  • Negotiate with other parties to the case
  • Calculate damages

Represents Your Case in Court

If your case proceeds to trial, we aggressively defend your interests and rights. Medical malpractice lawsuits demand that a medical malpractice lawyer in NYC fights every step of the way for a client until a case reaches settlement. The other party to the case often tries to deny responsibility and leave you to deal with the consequences. We won’t let our clients go unheard in the pursuit of justice.

Seeks a Fair Settlement

We understand that you go through more than the initial injury or illness from medical malpractice. Therefore, we consider how pain and suffering affect your quality of life now and in the future. We push to get you the most fair compensation for your claim.

Get Justice for Your Medical Malpractice Claim

Medical Malpractice Claim NYC

Silverstein & Kahn P.C. is your team for medical malpractice claims in New York, NY. Our experienced medical malpractice lawyers fight for our clients to get the compensation they deserve when injured by the negligent actions of others.

We have a reputation for excellence and give our all to get you the maximum recovery of damages for your case. We work on a contingent fee basis. You do not pay attorney fees unless there is a recovery. Contact us today to get started with a free consultation.