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Medical Malpractice

A bad outcome is not automatically malpractice — medicine has risks even when everyone does everything right. Malpractice is when care falls below the accepted standard and that failure causes harm: the scan nobody read, the symptom charted and ignored, the wrong-site surgery. Our malpractice practice is led by a former ICU nurse, which means your chart is read by someone who has written thousands of them.

Deadline

Generally 2 years and 6 months in New York — shorter than other injury claims. Discovery-based extensions exist for missed cancer diagnoses (Lavern's Law) and foreign objects, but never assume you have time.

How we build the case

What we set out to prove

  • The standard of care — what a reasonably careful provider would have done, established through the chart and independent experts

  • The departure — where the care fell short: misread results, ignored symptoms, medication and surgical errors

  • Causation — that the departure, not the underlying condition, caused the harm

Compensation

What you may recover

  • Corrective treatment and future medical care

  • Lost income and earning capacity

  • Pain, suffering, and loss of quality of life

  • Lifetime-care costs in birth-injury and catastrophic cases

Wondering about numbers? Our settlement calculator shows how claims are valued — honestly, with the math visible.

Who leads these cases

Alana Whitfield, RN, JD Partner — Medical Malpractice

Nine years as an ICU nurse before law school · $2.1M surgical-error settlement (2025) · Reads the medical chart herself — before any expert does

Read Alana's full profile

Results in these cases

Recent medical malpractice recoveries

$2,100,000

Surgical error Settled 2025

Retained surgical sponge after an abdominal procedure

A retained sponge caused months of infection and two corrective surgeries for a 58-year-old bookkeeper. The count sheet said 'correct' — the imaging said otherwise.

Structured settlement funding lifetime follow-up care.

$1,600,000

Delayed diagnosis Settled 2024

Chest imaging flagged, never followed up

A radiologist flagged a suspicious nodule; the report was filed without follow-up for nineteen months. Our nurse-attorney team traced every unread notification in the chart.

Prior results do not guarantee a similar outcome; amounts are gross, before fees, expenses and liens. Fictional demo examples.

Common questions

Asked in almost every medical malpractice consult

How do I know if what happened to me was malpractice?

You usually can't know from the outside — and you shouldn't have to guess. Send us the story; our nurse-attorney-led team screens medical records at no cost. If the care was reasonable, we'll tell you honestly. If it wasn't, you'll know what your options are.

Will I have to sue my own doctor?

A claim is made against the provider's malpractice insurance — coverage physicians and hospitals carry precisely for this. Most cases resolve by settlement without a trial. Choosing to pursue a claim is about your future care needs, not personal animus.

Why do malpractice cases take longer than other injury cases?

Because the proof is heavier: expert review is required by New York law before filing, records run to thousands of pages, and hospitals defend aggressively. It's also why the deadline being shorter — 2.5 years — is such a trap. The best time to call is when you first start wondering.

Other ways we help

Free case review · Available 24/7

Hurt in a medical malpractice case? Let's talk — free.

Twenty minutes on the phone, no obligation, and an honest answer about whether you have a case and what it may be worth.

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