Medical Malpractice Claims in New York
Medical malpractice occurs when a healthcare provider — a doctor, surgeon, nurse, hospital, or clinic — deviates from the accepted standard of care and causes injury to a patient. These cases are among the most complex and high-stakes in personal injury law. They require expert medical testimony, detailed review of records, and extensive litigation preparation. Arden Law Firm handles medical malpractice claims with the rigor and resources they demand.
What Constitutes Medical Malpractice
Not every bad medical outcome constitutes malpractice. To succeed, a claim must establish: (1) that a doctor-patient relationship existed; (2) that the provider deviated from the applicable standard of care; (3) that this deviation caused harm; and (4) that the harm resulted in specific damages. New York law requires a Certificate of Merit, supported by a consulting physician, confirming that the case has a legitimate basis before it can proceed. We work with qualified medical experts to evaluate your case before filing.
Types of Malpractice We Handle
Arden Law Firm represents clients in a range of medical malpractice claims, including surgical errors and wrong-site surgery, misdiagnosis and delayed diagnosis of cancer or serious conditions, birth injuries and obstetric negligence, anesthesia errors, medication errors and pharmacy mistakes, failure to diagnose stroke or heart attack, and nursing home neglect and abuse. Each of these categories involves distinct legal and medical standards, and we approach each case with tailored expertise.
New York's Statute of Limitations
In New York, the statute of limitations for medical malpractice is generally 2.5 years from the date the malpractice occurred, or from the end of continuous treatment for the same condition. There are exceptions — including cases involving minors, foreign objects left in the body, and claims against municipal hospitals requiring a 90-day Notice of Claim. The complexity of these deadlines makes it critical to consult an attorney as soon as you suspect malpractice has occurred.
What Damages Are Available
Successful malpractice claims can recover past and future medical expenses, lost wages and impaired earning capacity, pain and suffering, and in cases of gross negligence, punitive damages. New York does not cap non-economic damages in medical malpractice cases — making thorough documentation of your injuries and their long-term impact essential to maximizing recovery.