Medical Malpractice Lawyer in New York City
Surgical errors, missed diagnoses and birth injuries in NYC, Nassau and Suffolk
Medical Malpractice
Yassi Law P.C. represents patients and families when a doctor's, dentist's, nurse's, hospital's or nursing home's error causes a catastrophic injury or a death. Attorney Reza Yassi handles each medical malpractice case himself, in all five boroughs of New York City and in Nassau and Suffolk Counties. The first consultation is free, and there is no fee unless money is recovered.
Malpractice cases are slow and expensive to build, so we take only a limited number and focus on permanent harm: brain damage, paralysis, a cancer that spread because no one acted, a child injured at birth, or a death.
What counts as medical malpractice in New York
Medical malpractice is care that departs from accepted medical practice and causes injury. A bad result alone is not malpractice; the question is whether a reasonably careful provider in the same field would have acted differently, and whether that difference caused the harm. Medical malpractice is a form of negligence, often called medical negligence. Carelessness unrelated to medical treatment, such as a fall on a wet hospital floor, is ordinary negligence with a three-year deadline (CPLR 214(5)).
Malpractice is a type of personal injury case with its own deadlines, filing rules and fee limits. We also take dental and podiatric malpractice cases, which follow the same deadlines, certificate-of-merit rule and fee scale (CPLR 214-a).
A separate claim exists for lack of informed consent. For non-emergency treatment or an invasive diagnostic procedure, you must show the provider failed to disclose the alternatives and reasonably foreseeable risks and benefits that a reasonable practitioner would have disclosed, that a reasonable person, fully informed, would have said no, and that this caused the injury (Public Health Law § 2805-d).
Surgical errors
Surgical malpractice includes operating on the wrong site or spinal level, leaving a sponge or instrument inside the body, careless damage to a nerve, bowel or blood vessel, and missing a post-operative infection or bleed.
When an injury ordinarily does not happen without negligence and the unconscious patient was in the surgical team's control, a jury may be allowed to infer negligence (res ipsa loquitur). Our guide on wrong-level spine surgery explains how that works.
Emergency room misdiagnosis: stroke, heart attack and spinal cord compression
In the ER, minutes matter. Clot-dissolving treatment for stroke works only within a limited window, a heart attack sent home as indigestion can be fatal, and spinal cord compression not treated in time can cause permanent paralysis.
These cases turn on the chart: triage notes, scan times, whether a stroke screen or ECG was done, and the discharge papers. The defense usually argues that earlier treatment would not have changed the result. See our pages on brain injuries and spinal cord and back injuries.
Delayed cancer diagnosis and Lavern's Law
A delayed cancer diagnosis case arises when a radiologist misreads a scan, an abnormal result is never followed up, or symptoms are dismissed while the cancer grows. The injury is the lost chance at earlier, more effective treatment.
Under Lavern's Law (2018), for a negligent failure to diagnose cancer or a malignant tumor, the two years and six months can run from when you knew, or reasonably should have known, of the error and that it caused injury, but no later than seven years after the error, or from the last continuous treatment (CPLR 214-a(b)).
Anesthesia errors
Anesthesia errors include a wrong dose, failing to monitor breathing and oxygen levels, and a botched intubation. They often cause brain injury from lack of oxygen, or death. The anesthesia record and monitor data are key evidence.
Birth injuries: cerebral palsy and Erb's palsy
A birth injury lawyer in NYC looks at whether the delivery team missed signs of fetal distress, delayed a needed C-section, or mishandled a shoulder dystocia. Lack of oxygen during labor can cause hypoxic brain injury and cerebral palsy; too much pulling on the baby's head when a shoulder is stuck can tear the brachial plexus nerves and cause Erb's palsy.
Not every cerebral palsy case is malpractice, so the fetal monitoring strips and delivery notes matter.
Nursing-home injuries: bedsores, falls and neglect
We take nursing-home cases where neglect causes a serious injury, not only a death: a deep bedsore (pressure ulcer), a fall that breaks a hip, dehydration, or an infection left untreated.
A nursing home is liable under Public Health Law § 2801-d when depriving a resident of a right or benefit created by contract, statute or regulation injures the resident, unless the home proves it used all care reasonably necessary to prevent the harm. Punitive damages are possible when the deprivation was willful or reckless.
How to prove medical malpractice
To win, you must prove three things, almost always through a qualified medical expert:
Departure: the provider did something a reasonably careful provider in that field would not have done, or failed to do what one would have done.
Causation: the departure was a substantial factor in causing the injury, not just the underlying illness.
Damages: real harm, such as added surgery, permanent disability, lost earnings or death.
Before filing, the lawyer must certify that they reviewed the case, consulted at least one licensed physician (a dentist or podiatrist in those cases) knowledgeable in the issues, and concluded there is a reasonable basis to sue. If the deadline is about to expire, the certificate can follow within 90 days after the complaint is served (CPLR 3012-a).
How long you have to sue for medical malpractice in New York
Generally two years and six months, and courts enforce the deadlines strictly:
General rule: two years and six months from the malpractice, or from the last treatment when there is continuous treatment for the same condition (CPLR 214-a).
Foreign object left in the body: one year from when it was discovered, or from discovery of facts that would reasonably lead to finding it, whichever is earlier, if that ends later than the usual deadline. Screws, plates and prostheses do not count.
Missed cancer: the discovery rule above, with a seven-year outer limit.
Children: the time is extended while the child is under 18, but in a malpractice case never beyond 10 years after the malpractice (CPLR 208(a)). A birth injury claim therefore generally must be filed by the child's 10th birthday. A parent's own claim, such as for the child's medical bills, is not extended.
Death: a wrongful death action has two years from the death (EPTL 5-4.1), but only if the patient's own malpractice deadline had not already passed when the patient died.
Claims against public hospitals: NYC Health + Hospitals, NUMC, State and federal
A public hospital usually requires a notice of claim within 90 days, so find out right away who runs the hospital. We also take malpractice cases against State-run hospitals and federal facilities.
NYC Health + Hospitals (such as Bellevue, Kings County, Elmhurst, Jacobi and Lincoln): a sworn notice of claim must be filed within 90 days after the claim arises, and the lawsuit started within one year and 90 days (Health and Hospitals Corporation Act § 20(2)).
Nassau University Medical Center (run by the Nassau Health Care Corporation): the same 90-day notice and one-year-and-90-day suit deadline (Public Authorities Law § 3415).
Death at either: the notice of claim is still required, and the wrongful death action has two years from the death (Public Authorities Law §§ 2980 and 2981).
State-run hospitals: claims against New York State go to the Court of Claims, where the claim, or a notice of intention to file one, is due within 90 days (Court of Claims Act § 10(3)).
Federal facilities, such as VA hospitals and federally funded community health centers covered by the Federal Tort Claims Act: a written claim must be presented to the federal agency within two years after the claim arises, and a lawsuit filed within six months after the agency mails a final denial, and a child's age does not extend these deadlines (28 U.S.C. § 2401(b)).
For NYC Health + Hospitals or NUMC, a court may allow a late notice of claim, but not past the deadline to sue (General Municipal Law § 50-e(5)). The Court of Claims has its own late-claim rule (Court of Claims Act § 10(6)). Do not count on either.
When malpractice causes a death
When a medical error or nursing-home neglect causes a death, the estate's representative can bring a wrongful death claim for the family's financial losses and a survival claim for the patient's own pain and suffering. Read more on our wrongful death page.
What a medical malpractice case can recover
Compensation can include:
Past and future medical care, rehabilitation, home care and equipment
Lost earnings and lost earning capacity
Pain and suffering and loss of enjoyment of life
A spouse's claim for loss of services and companionship
In a death case, the family's financial losses, medical and funeral expenses, and the patient's conscious pain before death
Value depends on the injury's permanence, the patient's age, the causation proof and available insurance.
What to do if you suspect malpractice
Get the care you need now, from a different provider if you have lost trust.
Request your complete records in writing, including imaging and nursing notes. Paper copies cost no more than 75 cents a page (Public Health Law § 18).
Write down dates, names and what you were told.
Call a lawyer early, especially if a public hospital is involved.
What medical malpractice lawyers charge in New York
Medical malpractice lawyers usually work on contingency: no fee unless money is recovered. New York caps the fee on a sliding scale (Judiciary Law § 474-a):
30% of the first $250,000
25% of the next $250,000
20% of the next $500,000
15% of the next $250,000
10% of any amount over $1,250,000
The percentages apply to the net recovery after case expenses such as medical expert fees. In a child's case, the court fixes the fee (Judiciary Law § 474). The fee and the handling of case expenses are set out in a written retainer agreement before we begin.
How a malpractice case moves forward, and how long it takes
After a free consultation, we collect the records and have them reviewed by a physician. If the case holds up, we serve any notice of claim, file suit with the certificate of merit, and move through depositions and medical expert disclosure toward settlement or trial. Serious malpractice cases often take two years or more.
How to choose a medical malpractice lawyer in NYC
Instead of searching for the "best medical malpractice lawyer in NYC," ask:
Who will handle my case day to day?
Will a qualified physician review my records before filing?
How are the fee and case expenses handled? Get it in writing.
At Yassi Law P.C., the answer to the first question is always Reza Yassi. We meet clients at 333 Park Avenue South, by phone or video, or at home or in the hospital when travel is hard. See also our personal injury overview.
Guides on this topic
Res ipsa loquitur in surgical error cases: proving malpractice when a retained sponge causes sepsis.
Emotional distress after a birth injury: when a mother can recover for her own distress.
Fatal nursing-home neglect and PHL § 2801-d: how the statute and a conscious-suffering claim work when a resident dies.
Fatal medical malpractice and the wrongful death deadline: why a family's time to sue is often shorter than expected.
Frequently asked questions
How long do you have to sue for medical malpractice in NY?
Generally two years and six months from the malpractice or the end of continuous treatment for the same condition (CPLR 214-a). Public hospitals have a 90-day notice of claim, and VA and other federal facilities a two-year administrative claim.
Do I have a medical malpractice case?
You may if a provider's care fell below accepted practice and that caused a serious, lasting injury or a death. A known complication that was properly handled is usually not malpractice.
Is medical malpractice civil or criminal?
Civil. The case seeks money damages, and it does not have to be intentional: most cases involve carelessness, such as a missed finding or a delayed test.
Is medical malpractice hard to prove?
It is harder than most injury cases. You need medical expert testimony on both the departure and causation and a certificate of merit before filing.
Do medical malpractice lawyers charge upfront?
Not a fee. The fee comes only from a recovery and follows the Judiciary Law § 474-a scale, from 30% down to 10%. The consultation is free, and the written retainer agreement explains how case expenses are handled.
Do medical malpractice cases settle or go to trial?
Many settle, often after depositions and medical expert disclosure. Some go to trial, especially when causation is disputed.
Who can sue for medical malpractice?
The injured patient; a parent or guardian for a child; and, after a death, the estate's court-appointed personal representative. A spouse may also claim for loss of services and companionship.
How do I report medical malpractice?
Complaints about a physician go to the State's Office of Professional Medical Conduct, which must investigate each complaint (Public Health Law § 230(10)). A complaint can lead to discipline, but it does not compensate you or stop the lawsuit deadline.
If you believe a medical error caused a serious injury or a death, call Reza Yassi at (646) 992-2138 or contact us for a free consultation. Bring whatever records you have; we can help you get the rest.
