Top NYC Medical Malpractice Lawyers: Winning Against Powerful Hospitals

Medical malpractice lawsuits in New York City often involve challenging battles against formidable hospitals equipped with extensive legal resources. These cases demand a legal team with deep skills and a history of successfully navigating complex healthcare systems and legal landscapes.

At Rosenberg, Minc, Falkoff & Wolff, LLP, we understand the daunting prospect of taking on such powerful entities. With more than a century of experience advocating for victims of medical negligence, our NYC medical malpractice attorneys are experts at finding evidence, exposing bad medical practices, and recovering maximum compensation for our clients.

We approach each case with a commitment to holding healthcare providers accountable for their negligent actions, ensuring that our clients receive the justice and financial recovery they deserve. If you or a loved one has been injured due to medical malpractice in New York City, contact us today for a free consultation to know your legal options.

Steps to File and Pursue a Medical Malpractice Claim in New York City

To successfully pursue a medical malpractice lawsuit in New York, several steps must be carefully considered and followed.

Step #1: Consult with a New York City Medical Malpractice Attorney

Understanding Your Case

Consulting with a New York City medical malpractice lawyer is the critical first step in pursuing justice and compensation for injuries caused by medical negligence. Experienced attorneys specializing in medical malpractice understand the complexities of these cases and can provide invaluable guidance from the outset.

Case Review and Assessment

During the initial consultation, the attorney will review the details of your case, including medical records and any evidence of negligence. They will assess the viability of your claim, explain your legal rights, and outline the potential outcomes and challenges you may face.

Evaluating Your Legal Options

This consultation serves as an opportunity to ask questions, discuss your concerns, and gain a clear understanding of the legal process ahead. A reputable attorney will offer compassionate support while advocating for your best interests, ensuring you are well-prepared to navigate the complexities of a medical malpractice lawsuit in New York City.

Step #2: Obtaining Mandatory Expert Medical Opinions

In New York City, filing a medical malpractice lawsuit requires obtaining expert medical opinions as mandated by state law. These opinions serve as critical evidence to establish that medical negligence occurred and directly caused harm to the patient. Here’s a breakdown of what this step entails:

Selecting Qualified Medical Experts

To support your claim, you must consult with medical experts who are qualified in the same field as the defendant healthcare provider. These experts must have relevant experience and expertise in the specific area of medicine involved in your case. They will assess your medical records, review the treatment provided, and offer their professional opinion on whether the healthcare provider’s actions deviated from the accepted standard of care.

Evaluating the Standard of Care

The expert opinions are essential to establish the "standard of care" that should have been provided under similar circumstances. This standard refers to the level of care and treatment that a reasonably competent healthcare professional in the same field would have provided. If the expert concludes that the defendant healthcare provider breached this standard, it strengthens your case for medical malpractice.

Linking Negligence to Harm

The expert medical opinions also establish a direct link between the healthcare provider’s negligence and the harm suffered by the patient. They analyze whether the negligence directly caused or contributed to the patient’s injuries, complications, or worsened medical condition. This causal connection is crucial in proving that the healthcare provider’s actions or omissions resulted in harm that would not have occurred otherwise.

Providing Written Affidavits

In New York, the law requires that along with the complaint, you must submit one or more affidavits from qualified medical experts confirming the merits of your case. These affidavits outline the expert’s findings, opinions, and reasoning supporting your allegations of medical malpractice. They serve to substantiate your claims before the court and demonstrate that your lawsuit is based on credible medical evidence and expert analysis.

Adhering to Statutory Requirements

It’s crucial to ensure that the medical experts you consult with meet the statutory requirements set forth in New York law. This includes their qualifications, experience, and eligibility to provide expert testimony in court. By complying with these requirements and obtaining thorough expert medical opinions, you strengthen your position in pursuing compensation for damages resulting from medical malpractice.

Sample Draft of a Mandatory Medical Opinion

Patient: Jane Doe

Healthcare Provider: Dr. John Smith

Expert Medical Opinion Affidavit

I, Dr. Emily Johnson, board-certified neurologist with over 15 years of experience in treating neurological conditions, have reviewed the medical records of Jane Doe pertaining to her treatment under Dr. John Smith at Brooklyn General Hospital. Based on my examination and analysis of the case, it’s my professional opinion that Dr. John Smith deviated from the accepted standard of care for treating cerebral hemorrhages.

Dr. Smith's delay in ordering timely diagnostic imaging and intervention procedures significantly contributed to the worsening of Ms. Doe's condition, resulting in permanent neurological damage. The standard of care in such cases dictates prompt diagnosis and intervention to mitigate the risks associated with cerebral hemorrhages. Dr. Smith's failure to adhere to this standard directly resulted in Ms. Doe's prolonged suffering and irreversible harm.

It's my expert opinion within a reasonable degree of medical certainty that Dr. John Smith's negligence directly caused or substantially contributed to the exacerbation of Jane Doe's condition beyond what would reasonably be expected under competent medical care. This breach of duty has resulted in severe physical and emotional suffering for Ms. Doe, requiring ongoing medical treatment, rehabilitation, and permanent lifestyle adjustments.

Signed

Dr. Emily Johnson

Step # 3: Filing the Complaint

Filing a complaint is the next key step in initiating a medical malpractice lawsuit in New York. This legal document formally outlines the allegations against the healthcare provider(s) and the basis for the lawsuit. Here’s what you need to know:

Preparation by Your Attorney

Your medical malpractice attorney will draft the complaint based on the facts of your case and the legal theories of liability. This document is meticulously prepared to detail how the healthcare provider(s) breached the standard of care, causing harm to the patient.

Contents of the Complaint

The complaint typically includes:

• Identification of Parties: It identifies you as the plaintiff and the healthcare provider(s) as the defendant(s).
• Statement of Facts: This section outlines the events leading to the alleged malpractice, including dates, treatments received, and how the standard of care was breached.
• Legal Claims: It specifies the legal grounds for the lawsuit, such as negligence or failure to obtain informed consent.
• Request for Relief: The complaint concludes with a request for compensation (damages) for the harm suffered due to the defendant's actions.

Filing with the Court

Once the complaint is finalized, your attorney files it with the appropriate court in the county where the malpractice occurred or where the defendant(s) reside. Filing fees and other administrative requirements must be met.

Serving the Defendants

After filing, the defendants must be served with a copy of the complaint and a summons, notifying them of the lawsuit. This is typically done through a process server or certified mail.

Defendant's Response

The defendants have a limited time (usually 30 days) to respond to the complaint by filing an answer. In their answer, they may admit or deny the allegations and may raise affirmative defenses.

Sample Draft of a Complaint

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF Kings

John Doe,

Plaintiff

- Against -

Brooklyn General Hospital,

Dr. Jane Smith, and

Dr. David Brown,

Defendants

Index No.: AL346784

COMPLAINT

PARTIES

Plaintiff, John Doe, is a resident of Brooklyn, New York, and brings this action individually and as the parent and natural guardian of Jane Doe, a minor child, by and through his attorney, Rosenberg, Minc, Falkoff & Wolff, LLP.

Defendant Brooklyn General Hospital is a healthcare facility located at 123 Main Street, Brooklyn, New York, and is a corporation duly organized and existing under the laws of the State of New York.

Defendant Dr. Jane Smith is a licensed physician practicing medicine at Brooklyn General Hospital, located at 123 Main Street, Brooklyn, New York.

Defendant Dr. David Brown is a licensed physician practicing medicine at Brooklyn General Hospital, located at 123 Main Street, Brooklyn, New York.

JURISDICTION AND VENUE

This action arises out of medical malpractice and negligence occurring within the jurisdiction of this Honorable Court. Jurisdiction is proper pursuant to CPLR § 301 and § 302.

Venue is proper in Kings County pursuant to CPLR § 503 because the acts and omissions giving rise to this action occurred within Kings County, and Defendants reside or have their principal place of business in Kings County.

FACTUAL ALLEGATIONS

• On or about January 1^st, 2023, Plaintiff John Doe sought medical treatment for his minor child, Jane Doe, at Brooklyn General Hospital for symptoms consistent with severe abdominal pain.

• Defendants, Dr. Jane Smith and Dr. David Brown, owed a duty of care to Plaintiff and his minor child, Jane Doe, to provide competent medical treatment and adhere to the prevailing standard of care.

• Despite the duty of care owed, Defendants failed to properly diagnose appendicitis in Jane Doe and delayed necessary surgical intervention.

• As a direct and proximate result of Defendants' negligence, Plaintiff's minor child, Jane Doe, suffered severe complications, including peritonitis and permanent impairment of digestive function.

FIRST CAUSE OF ACTION - MEDICAL MALPRACTICE

• Plaintiff incorporates paragraphs 1 through 10 as if fully set forth herein.

• Defendants breached the duty of care owed to Plaintiff and his minor child, Jane Doe, by failing to properly diagnose and timely treat appendicitis in accordance with the prevailing standard of care.

• As a result of Defendants' breach of duty, Plaintiff and his minor child, Jane Doe, sustained injuries and damages, including but not limited to physical pain and suffering, emotional distress, medical expenses, and loss of enjoyment of life.

SECOND CAUSE OF ACTION - NEGLIGENCE

• Plaintiff incorporates paragraphs 1 through 13 as if fully set forth herein.

• Defendants owed a duty of care to Plaintiff and his minor child, Jane Doe, to act with reasonable care and skill in diagnosing and treating appendicitis.

• Defendants breached this duty by failing to exercise reasonable care in diagnosing and timely treating appendicitis, thereby causing foreseeable harm to Plaintiff and his minor child, Jane Doe.

• As a direct and proximate result of Defendants' negligence, Plaintiff and his minor child, Jane Doe, suffered injuries and damages as described above.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff John Doe respectfully requests that this Honorable Court enter judgment in his favor and against Defendants Brooklyn General Hospital, Dr. Jane Smith, and Dr. David Brown, jointly and severally, as follows:

(a) Compensatory damages in an amount to be determined at trial, but in no event less than the jurisdictional limits of this Court, plus interest and costs;

(b) Such other and further relief as this Court deems just and proper.

JURY DEMAND

Plaintiff demands a trial by jury on all issues triable by jury.

[Signature]

Attorney for Plaintiff

Rosenberg, Minc, Falkoff & Wolff, LLP

Step # 4: Discovery Phase in a Medical Malpractice Lawsuit

The discovery phase in a medical malpractice lawsuit is a critical stage where both parties gather and exchange evidence to prepare for trial. It serves to uncover facts, clarify issues, and ensure transparency in the legal process. Here's a breakdown of the key aspects involved:

Interrogatories and Requests for Production

Interrogatories: These are written questions submitted by one party to the other, seeking factual information relevant to the case. In a medical malpractice lawsuit, interrogatories may inquire about medical records, treatment protocols, and expert opinions.

Requests for Production: This involves requesting documents and tangible items that are relevant to the case. For medical malpractice, this could include medical records, imaging studies, test results, and correspondence between healthcare providers.

Depositions

Depositions: Depositions involve sworn, out-of-court testimony of witnesses and parties involved in the case. This typically includes the plaintiff, defendants, expert witnesses, and medical professionals. Depositions help to establish the credibility of witnesses, clarify facts, and anticipate trial testimony.

Expert Witnesses

Expert Witness Discovery: Identifying and disclosing expert witnesses is crucial in medical malpractice cases. Both parties may retain medical experts to evaluate the standard of care, causation of injuries, and potential damages. Expert witness reports and depositions are exchanged during discovery to assess the strengths and weaknesses of each side's medical arguments.

Requests for Admissions

Requests for Admissions: These are written requests asking the opposing party to admit or deny specific facts or allegations. In medical malpractice cases, requests for admissions can streamline issues that are not in dispute and focus on contested matters.

Independent Medical Examinations (IME)

Independent Medical Examinations: In some cases, defendants may request an IME of the plaintiff by a healthcare provider of their choosing. This examination aims to assess the plaintiff's injuries, medical condition, and potential causal relationship to the alleged malpractice.

Motions and Court Orders

Motions: During discovery, parties may file motions with the court to compel the production of documents, enforce discovery requests, or protect privileged information. Motions ensure compliance with discovery rules and fair exchange of information.

Step # 5: Settlement Negotiations and Trial (if Necessary)

After completing the discovery phase, the next steps in a medical malpractice lawsuit typically involve settlement negotiations and, if no settlement is reached, proceeding to trial.

Settlement Negotiations

Initiating Negotiations: Once both parties have exchanged evidence and expert opinions during discovery, settlement negotiations may commence. The plaintiff's medical negligent attorney in New York and the defense counsel, along with their respective clients, engage in discussions to resolve the case without going to trial.

Factors Considered: Settlement discussions consider various factors, including the strength of evidence, potential damages, the likelihood of success at trial, and the costs and time involved in litigation. Both sides may present settlement offers and counteroffers until an agreement is reached or negotiations reach an impasse.

Trial Preparation

Trial Readiness: If settlement negotiations are unsuccessful, the case proceeds to trial. Both parties prepare trial strategies, witness lists, exhibits, and legal arguments based on the evidence gathered during discovery.

Jury Selection: In cases where a jury trial is elected, the process begins with jury selection, where potential jurors are questioned to ensure impartiality and fairness in evaluating the case.

Presentation of Evidence: During trial, each side presents its case through witness testimony, expert opinions, medical records, and other relevant evidence. The plaintiff bears the burden of proving by a preponderance of evidence that the defendant's negligence caused their injuries.

Verdict and Appeals

Verdict: After deliberation, the jury (or judge in a bench trial) renders a verdict based on the evidence presented. If the plaintiff prevails, the court determines damages awarded for medical expenses, pain and suffering, lost wages, and other losses.

Appeals: Either party may appeal the verdict if legal errors occurred during the trial or if they believe the jury's decision was unjust. Appeals courts review the trial record to determine if errors warrant a new trial or modified outcome.

Get Our Seasoned Medical Malpractice Lawyers in New York on Your Side

For those seeking justice in the face of medical malpractice, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. With a proven track record of securing multi-million dollar settlements and verdicts, our team of New York City medical malpractice lawyers is relentless in holding negligent healthcare providers accountable.

We have fought and won against powerful hospitals and large legal teams, recovering maximum compensation for our clients' injuries, income losses, and pain and suffering. If you or a loved one has suffered due to medical negligence, trust our lawyers to fight aggressively on your behalf. Reach out to Rosenberg, Minc, Falkoff & Wolff, LLP today and let us pursue the justice and compensation you deserve. To schedule your free consultation, call us at 212-344-1000 or contact us online.