best medical malpractice nyc valid case

Determining whether you have a valid medical malpractice case in New York involves several key considerations. Medical malpractice occurs when a healthcare professional's actions deviate from the accepted standard of care, resulting in harm to the patient. If you have suffered injuries or complications due to medical negligence in New York, consulting with an experienced attorney is vital. They can review the details of your case, assess its viability, and guide you through the legal process.

Contact Rosenberg, Minc, Falkoff & Wolff, LLP for a free consultation and to explore your legal options for pursuing a medical malpractice claim. Our seasoned New York City medical malpractice lawyers have a strong track record of success in handling complex medical negligence cases, ensuring clients receive the largest possible compensation they are entitled to for their injuries and losses.

Factors to Determine the Validity of Your Medical Malpractice Claim in NYC

Here are the key factors to assess when gauging the validity of a medical malpractice claim:

Establishing Doctor-Patient Relationship

To pursue a medical malpractice case, you must demonstrate that a doctor-patient relationship existed. This means you hired the healthcare professional, and they agreed to be hired, creating a duty of care.

Breach of Standard of Care

A valid claim requires showing that the healthcare provider breached the standard of care. This involves comparing the provider's actions to what a reasonably competent professional in the same field would have done under similar circumstances.


It's essential to establish a direct link between the healthcare professional's breach of the standard of care and the injuries sustained. If the breach didn't cause harm or worsen the existing condition, a claim may not be valid.

Provable Harm

Valid claims must demonstrate that the patient suffered harm due to the healthcare professional's negligence. This harm could include physical pain, mental anguish, additional medical expenses, or lost earning capacity.

Adherence to Statute of Limitations

In New York, medical malpractice claims must be filed within a specific timeframe known as the statute of limitations. Generally, the lawsuit must be initiated within two and a half years from the date of the alleged malpractice or from when it should have been reasonably discovered.

Expert Opinion

New York law typically requires expert testimony to support a medical malpractice claim. An experienced medical professional in the same field as the defendant must attest to the breach of the standard of care and its connection to the injuries.

Documenting the Case

Thorough documentation of the medical treatment, the alleged malpractice, and subsequent injuries is crucial. Medical records, test results, and any communication with healthcare providers can serve as valuable evidence.

Medical Malpractice Laws in New York that Can Impact Your Claim

Statute of Limitations

  • Relevant Statute: New York Civil Practice Law and Rules (CPLR) § 214-A
  • Summary: The general statute of limitations for medical malpractice cases in New York is 30 months from the date of the alleged malpractice or from when it should have been reasonably discovered. There are exceptions for cases involving foreign objects left in the body or continuous treatment.

Expert Affirmation Requirement

  • Relevant Statute: CPLR § 3012-A
  • Summary: New York law mandates that, along with the initial filing of a medical malpractice complaint, the plaintiff or their attorney must submit a certificate of merit from a qualified medical expert, confirming that there is a reasonable basis for the lawsuit.

Non-Economic Damages Cap

  • Relevant Statute: CPLR § 1411
  • Summary: New York imposes a cap on non-economic damages (such as pain and suffering) in medical malpractice cases. This cap is adjusted annually and varies based on the date of the malpractice.

No-Fault Compensation for Birth Injuries

  • Relevant Statute: Public Health Law Article 29-D
  • Summary: New York provides a separate avenue for compensation for birth-related neurological injuries. This involves a no-fault system that allows families to seek compensation without filing a traditional medical malpractice lawsuit.

Continuous Treatment Rule

  • Relevant Statute: CPLR § 214-A
  • Summary: In cases where the alleged malpractice occurred during a course of ongoing treatment, the statute of limitations may be extended. The 30-month period begins when the continuous treatment ends.

Informed Consent

  • Relevant Statute: Public Health Law Article 29-B
  • Summary: Healthcare providers in New York must obtain informed consent from patients before performing certain medical procedures. Failure to adequately inform patients about the risks and alternatives may lead to a claim for lack of informed consent.

Understanding these laws is important when pursuing a medical malpractice case in New York. The best malpractice lawyers in New York at Rosenberg, Minc, Falkoff & Wolff, LLP, are well-versed in the intricacies of the state’s medical negligence laws. If you believe you have a valid medical malpractice claim, contact us for legal guidance and aggressive representation to protect your right to compensation from all the liable parties.

Types of Evidence the Best Medical Malpractice Law Firm in New York will Collect to Prove the Validity of Your Claim

best medical malpractice nyc valid case collect


Building a strong medical malpractice case in New York City requires thorough documentation and collection of various types of evidence to establish the validity of your claim and the liability of the negligent parties. Here are some of the key pieces of evidence that an experienced medical negligence attorney in NYC will gather:

Medical Records

  • Purpose: Detailed medical records are fundamental to understanding your treatment, diagnosis, and the alleged malpractice.
  • Content: All relevant records, including admission notes, test results, surgical notes, prescriptions, and post-treatment records.

Expert Testimony

  • Purpose: Expert witnesses provide professional opinions on the standard of care and whether it was breached.
  • Content: Testimony from qualified medical experts who can explain the accepted standards in the specific medical field and how they were not met.

Informed Consent Documentation

  • Purpose: Prove that you were not adequately informed about the risks and alternatives before a medical procedure.
  • Content: Consent forms, documentation of discussions with healthcare providers, and evidence showing the lack of proper informed consent.

Photographic Evidence

  • Purpose: Visual documentation can support claims of physical harm or post-operative complications.
  • Content: Photographs of injuries, surgical sites, or other relevant visual evidence.

Witness Statements

  • Purpose: Statements from individuals who witnessed the alleged malpractice can strengthen your case.
  • Content: Affidavits or testimony from people present during the medical treatment.

Hospital Policies and Procedures

  • Purpose: To establish whether healthcare providers followed established protocols.
  • Content: Hospital or clinic policies, procedures, and guidelines relevant to the medical treatment in question.

Communication Records

  • Purpose: Emails, notes, or other communications that indicate negligence or acknowledgment of mistakes.
  • Content: Correspondence between healthcare professionals, administrative staff, or any party involved in your treatment.

Prescription and Medication Records

  • Purpose: Demonstrate errors related to medication, dosage, or administration.
  • Content: Prescription records, pharmacy records, and evidence of medication errors.

Surveillance Footage

  • Purpose: Video evidence from surveillance cameras in medical facilities.
  • Content: Recordings of relevant events or interactions during your treatment.

Financial and Employment Records

  • Purpose: Establish the economic impact of the malpractice, including lost wages and additional medical expenses.
  • Content: Pay stubs, tax returns, and documentation of financial losses.

Rosenberg, Minc, Falkoff & Wolff, LLP, understand the importance of meticulous evidence collection in medical malpractice cases. If you believe you have a valid claim, our proven NYC attorneys in wrongful death medical malpractice are ready to assess your claim and pursue the largest possible damages on your behalf from the negligent doctors and hospitals.

Types of Experts Your Medical Malpractice Lawyer New York City NY May Hire to Validate Your Claim

In a medical malpractice case in New York City, your attorneys for medical negligence may hire various medical specialists and other experts to validate your claim and provide credible testimony. These experts play a vital role in establishing the standard of care, proving negligence, and demonstrating the impact of malpractice on your health and well-being. Here are key types of experts your New York City medical malpractice attorney may consult:

Medical Experts

  • Specialization: Physicians, surgeons, or healthcare professionals in the same field as the defendant.
  • Role: Provide opinions on whether the defendant adhered to the standard of care and whether any breach caused harm.

Expert Witnesses in Specific Medical Fields

  • Specialization: Experts in specialized medical fields related to your case.
  • Role: Offer insights into the standard practices and procedures within their specific area of expertise.

Nursing Experts

  • Specialization: Registered nurses or nurse practitioners.
  • Role: Assess nursing care, adherence to protocols, and potential breaches in the standard of nursing practice.

Pharmacology Experts

  • Specialization: Pharmacologists or experts in pharmacy practices.
  • Role: Evaluate medication-related claims, including errors in prescribing, dispensing, or administering drugs.

Medical Imaging Experts

  • Specialization: Radiologists or experts in medical imaging.
  • Role: Interpret diagnostic images, such as X-rays, MRIs, or CT scans, to determine if there were misinterpretations or errors.

Forensic Pathologists

  • Specialization: Pathologists with forensic expertise.
  • Role: Investigate causes of death and provide opinions on autopsy findings, particularly in cases involving fatalities.


  • Specialization: Psychologists with expertise in brain function and behavior.
  • Role: Assess cognitive and psychological impacts of brain injuries resulting from malpractice.

Economic and Vocational Experts

  • Specialization: Economists or vocational rehabilitation specialists.
  • Role: Evaluate the economic impact of malpractice, including loss of earning capacity, future medical costs, and vocational limitations.

Life Care Planners

  • Specialization: Professionals experienced in planning for long-term care.
  • Role: Assess the ongoing medical and non-medical needs resulting from malpractice and estimate associated costs.

Human Factors Experts

  • Specialization: Specialists in human behavior and interaction with technology or systems.
  • Role: Evaluate how human factors may have contributed to errors in medical procedures or systems.

Choose the Leading Attorneys for Medical Lawsuits in New York

If you or a loved one has suffered due to medical malpractice, the best medical malpractice lawyers in New York City at Rosenberg, Minc, Falkoff & Wolff, LLP are here to offer the legal guidance and aggressive advocacy you deserve. With a proven track record of securing substantial settlements and verdicts for our clients, we are strongly positioned to negotiate large settlements with the defendants in medical malpractice cases.

Our experienced team of med mal attorney near me collaborates with top-tier medical experts to build robust cases, ensuring that negligence is exposed and justice is served. Your well-being is our priority, and we are dedicated to fighting for the compensation you need for medical expenses, lost wages, and the pain and suffering caused by malpractice. Call us today at (212) 344-1000 to schedule your free consultation or contact us online.


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