New York Medical Malpractice Lawyer
An experienced New York medical malpractice lawyer from Meirowitz & Wasserberg can represent medical malpractice victims across NYC seeking compensation for surgical errors, misdiagnosis and more. Whether your injury occurred at Bellevue, NYU Langone or another local hospital or clinic, we can help.
Expertise
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Content written by Samuel Meirowitz
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Experienced Personal Injury Attorney
What Counts as Medical Malpractice in New York?
Medical malpractice in New York is when a professional health care provider — a doctor, nurse, technician, hospital, hospital worker or dentist — deviates from the standard practice of care and causes harm to a patient.
To support a medical malpractice claim in New York, you must prove: duty of care, breach of duty, negligence-caused injuries and the damages you suffered.
To establish medical negligence, a plaintiff (or person pursuing a claim) must show:
- The medical professional owed the victim a duty of care. Generally, a physician owes you a duty of care if you establish an in-office relationship for preventive care and/or treatment.
- The medical professional violated his or her duty of care (committed negligence) by failing to adhere to a current acceptable standard of care. This usually requires expert testimony from a health care provider with similar experience, qualification and training.
- The medical professional’s negligence led to your injuries (such as a worse health outcome).
- You suffered damages as a result. Examples of damages include medical bills, lost wages and pain and suffering.
Medical malpractice cases differ in that they rely heavily on expert witness testimony. An expert witness must not only testify to the current acceptable standard of care but also show how a medical professional deviated from that standard.
New York state courts also require a written certificate of merit with every medical malpractice claim. This certificate must state that a lawyer has reviewed the case and has the professional opinion that it has merit. It must also state that the lawyer has consulted with a licensed physician and thinks there is a reasonable basis for the lawsuit.
Potential medical malpractice claims include surgical errors, misdiagnosis and improper medication dosages.
Common Types of Medical Malpractice Cases We Handle
The experienced NYC medical malpractice lawyers at Meirowitz & Wasserberg handle multiple types of medical malpractice cases, from surgical to emergency room errors.
We handle medical malpractice cases, including:
- Surgical errors (wrong-site surgery, retained instruments, anesthesia errors)
- Misdiagnosis and delayed diagnosis (cancer, stroke, heart attack)
- Birth injuries (cerebral palsy, Erb’s palsy, oxygen deprivation)
- Medication errors
- Hospital negligence and nursing home abuse
- Emergency room errors
Even if your case type isn’t on the list above, give us a call. Our NYC injury lawyers can help explain your legal options and determine if you have a claim.
How Our NYC Medical Malpractice Attorneys Fight for You
The dedicated NYC medical malpractice lawyers at Meirowitz & Wasserberg fight to protect your right to fair compensation, especially when it comes to negotiation with a healthcare provider’s insurance company. We can help you understand your rights and responsibilities under New York law and can effectively maximize your potential recovery.
We will provide you with a free case evaluation to determine if you have a case and help you gather evidence. We consult with our extensive medical expert witness network and put together the best strategy — whether that involves going to court or negotiating a settlement.
There’s no fee unless we win, and we’ve recovered more than $500 million for our clients.
Our NYC medical malpractice team has extensive experience with NYC law. Each day, our local lawyers appear in court in Manhattan, the Bronx, Queens, Brooklyn, Staten Island and Long Island. Our team’s expertise has led many of our attorneys to earn the Super Lawyers designation and be placed on the Top 100 Trial Lawyer list.
New York Medical Malpractice Laws You Should Know
Personal injury claims in NYC have a time limit for filing, known as the statute of limitations. These limitations vary from state to state and even by the nature of the case. Under the New York Civil Practice Law and Rules, a victim of medical malpractice has 2.5 years to file a claim. However, there are certain exceptions to this rule. People who were injured as minors, for example, have 2.5 years from their 18th birthdays to file medical malpractice claims.
Another exception refers to the “limited discovery” rule. This applies to situations in which the victim could not have learned there had been medical malpractice, such as a foreign object in the body, earlier. In New York, the rules surrounding limited discovery are more restricted than in other states, so it’s important to hire a seasoned lawyer as soon as you suspect medical malpractice.
New York also has special time limits for filing medical malpractice claims involving a cancer misdiagnosis. In 2018, New York passed Lavern’s Law, which says that the statute of limitations starts from the date the patient discovers, or should have reasonably discovered, a cancer misdiagnosis. The statute of limitations is two years and six months from the date of discovery to file a lawsuit, but there’s an overall cap of seven years from the date of the alleged malpractice.
Why the 2.5-Year Deadline Matters in NYC
The 2.5-year deadline to file your case matters in NYC because if you miss this time limit, you may be permanently barred from filing a claim.
Gathering records and having experts review evidence can take time. If you are interested in filing a medical malpractice claim, you shouldn’t wait to speak to an experienced medical malpractice lawyer to protect your right to file a lawsuit.
With respect to medical malpractice, in order to report such a claim in New York State, one of your options is to report it to the Department of Health of the state of New York. There are specific agencies created that take in complaints when there was misconduct by a medical professional.
Following that reporting, an investigation will be conducted and a conclusion will be drawn of whatever your allegations are against that medical professional.
Medical Malpractice Settlements and Verdicts in New York
The average medical malpractice settlement in New York could range between $100,000 and $565,000.
For example, Meirowitz & Wasserberg recently recovered $175,000 for a client who received improperly compounded medication and suffered seizures and dental damage.
Settlement values vary widely based on injury severity, proof of liability, economic damages and future care costs — among other factors. Catastrophic injuries involving permanent disability, such as paralysis from surgical error or fatal medical errors, can lead to settlements or verdicts in the millions.
In one case, a New York jury awarded $120 million in damages to a man who claimed that Westchester Medical Center’s failure to diagnose a stroke left him with a traumatic brain injury from malpractice.
Most lawsuits settle before trial, but our experienced lawyers prepare every case for trial to maximize value.
In New York, medical malpractice lawsuits have two types of damages that you can recover. One is compensatory damages, and the other one is punitive damages. Compensatory damages can include your actual losses, your actual damages. In layman’s terms, this is out-of-pocket costs and any time you miss from work. You can also recover compensatory damages in the sense of pain and suffering.
This is a quantifiable amount for your injury based on how much you had to endure all your medical treatment and the permanency that that injury caused. Punitive damages depend on the severity of the misconduct by the medical professional.
Medical Malpractice in New York City: What the Data Shows
New York consistently ranks among the highest in the nation for malpractice payouts, and each year, medical malpractice payouts are in the hundreds of millions. In 2025 alone, there were 1,269 reports of medical malpractice payments in New York, according to the National Practitioner Data Bank. Those payments totaled about $729,580,000.
The state has about 219 hospitals, 42 of which are in the New York City region.
There are examples of medical malpractice across the city and state. In 2025, the New York State Department of Health fined Mount Sinai Beth Israel for failing to ensure that a patient received continuous cardiac and oxygen monitoring as ordered by the provider.
Also in 2025, Woodhull Medical & Mental Health Center received a fine after it failed to recognize a patient with maternal and fetal distress and implement timely actions to manage post-operative complications.
Kings County Hospital Center failed to verify a patient’s medications, including an anti-seizure drug, and received a fine in 2023. Also in 2023, Bellevue Hospital Center received a fine for failing to provide a timely assessment to a patient in the Labor and Delivery Unit.
New York City’s municipal health system is the largest of its kind in the U.S. Each year, the system receives about 900 medical malpractice Notices of Claim, and about 65% of these convert to lawsuits. In 2023, NYC Health + Hospitals reported about 1,600 medical malpractice claims in active litigation.
Frequently Asked Questions About Medical Malpractice in NYC
Can you sue for medical malpractice in New York?
Yes. The time limit to sue for medical malpractice is 2.5 years in most cases, and for people injured as children, it’s 2.5 years after they turn 18. Make sure to consult with a lawyer to find out the exact time limit in your case.
What are the 4 C's of malpractice?
The four C’s of medical malpractice are compassion, communication, competence and charting. Medical providers use these as guidelines to prevent medical malpractice and negligence.
What is the average medical malpractice settlement in New York?
The average medical malpractice settlement in New York is generally reported to be between $100,000 and $565,000. These are just general averages, and a claim’s value is affected by injury severity, proof of liability, economic damages and future care costs — among other factors. Catastrophic injuries tend to have higher settlement values. Only a lawyer can tell you what your case may be worth.
What is the best medical malpractice law firm in New York?
Meirowitz & Wasserberg’s NYC medical malpractice team is one of the best. We have extensive experience with NYC law, and each day our local lawyers appear in court in Manhattan, the Bronx, Queens, Brooklyn, Staten Island and Long Island. Our team members have earned the Super Lawyers designation and are ranked in the Top 100 Trial Lawyers list.
How long does a medical malpractice case take in New York?
Medical malpractice cases in New York can take between 18 and 36 months on average. Depending on the details of the case, it may go more quickly or take longer.
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