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Medical malpractice lawyers in New York

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, so your chart is read by someone who has written thousands of them.

  • No fee unless we win
  • English or Spanish
  • Home and hospital visits
Deadline

Generally 2 years and 6 months in New York, shorter than other injury claims. Some extensions exist for missed cancer diagnoses (Lavern's Law) and objects left inside the body, but never assume you have time.

Cases we handle

Medical malpractice cases we take on

  • Surgical errors
  • Missed or delayed cancer diagnosis
  • Medication errors
  • Birth injuries
  • Emergency room mistakes
  • Hospital infections and bedsores

If it just happened

Your first steps when you suspect a medical mistake

  1. Request a full copy of your medical records, including imaging.
  2. Write a timeline of symptoms, visits and what you were told.
  3. Keep getting the care you need. Don't delay treatment for the case.
  4. Call early. The deadline is shorter than most people expect.

More detail in our after-an-accident guide.

How we build the case

What we set out to prove

  • The standard of care: what a careful provider would have done, shown through the chart and independent experts

  • The departure: where the care fell short, such as misread results, ignored symptoms or medication errors

  • Causation: that the mistake, not the underlying illness, caused the harm

Compensation

What you may be able to recover

  • Corrective treatment and future medical care

  • Lost income and earning power

  • Pain, suffering and loss of quality of life

  • Lifetime care costs in birth-injury and catastrophic cases

Every case is different, and no lawyer can promise a result. Our settlement calculator shows how claims are first estimated, with the math visible.

Alana Whitfield, an attorney with short silver hair and dark-rimmed glasses, arms folded, wearing a black cardigan against a pale grey wall

Who leads these cases

Alana Whitfield, RN, JD Partner, Medical Malpractice

  • Nine years as an ICU nurse before law school
  • Reads the medical chart herself, before any expert does
  • Screens possible malpractice cases at no cost to the family

Read Alana's full profile

“I'm a nurse. I knew something had gone wrong with my mother's surgery, but every lawyer I called wanted money up front to 'look into it.' Alana read the chart herself, for free, and told me the truth in a week.”

Denise K. · Medical malpractice · sample review written for this demo

Example results

How medical malpractice cases can end, good and bad

All example results

Example result Structured settlement

$2,100,000

Illustrative amount, not a real case

Surgical error Medical Malpractice Tone: Favorable

Surgical sponge left behind after an abdominal operation

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

Payments are spread out to cover lifetime follow-up care.

Example result Settled before trial

$1,600,000

Illustrative amount, not a real case

Delayed diagnosis Medical Malpractice Tone: Favorable

Chest scan flagged, never followed up

A radiologist flagged a suspicious spot on a lung scan. The report was filed without follow-up for nineteen months. Our nurse-attorney team traced every unread alert in the chart.

Example results for a sample website, not real cases. Past results never guarantee a future outcome.

Common questions

Asked in almost every medical malpractice consult

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

Usually you can't tell from the outside, and you shouldn't have to guess. Tell us the story. Our nurse-attorney team screens medical records at no cost. If the care was reasonable, we'll say so honestly. If it wasn't, you'll know your options.

Will I have to sue my own doctor?

The claim is made against the provider's malpractice insurance, which doctors and hospitals carry for exactly this reason. Most cases settle without a trial. Bringing a claim is about paying for your future care, not about anger at a person.

Why do malpractice cases take longer than other injury cases?

The proof is heavier. New York requires an expert review before filing, records can run to thousands of pages, and hospitals defend hard. It's also why the shorter deadline, about 2.5 years, is such a trap. The best time to call is when you first start wondering.

More answers on our FAQ page. General information for New York, not legal advice about your situation.

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Need help when you suspect a medical mistake? Let's talk, free.

Twenty minutes on the phone, no obligation, and an honest answer about whether you have a case.

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