How to Prove Medical Malpractice in New York

New York requires four elements: (1) a doctor-patient relationship establishing a duty of care, (2) the provider deviated from the accepted standard of care, (3) that deviation directly caused your injury, and (4) you suffered quantifiable damages as a result. All four must be proven by a preponderance of the evidence.

Yes. Under CPLR §3012-a, New York requires a certificate of merit, generally filed together with the complaint, in which your attorney certifies that a licensed physician reviewed your case and found a reasonable basis for the claim. Filing the certificate within 90 days after service of the complaint is only permitted as an exception, where the statute of limitations would otherwise expire before that physician consultation could be completed. Expert testimony is also required at trial to establish what the accepted standard of care was and how the defendant fell short.

New York statute of limitations for medical malpractice is 2.5 years under CPLR 214-a. The clock typically starts from the date of the negligent act, or from the end of continuous treatment by the same provider for the same condition, whichever is later.

The standard of care is the level of skill and treatment that a reasonably competent healthcare provider in the same specialty would have provided under similar circumstances. New York courts assess this based on expert testimony, medical literature, and accepted clinical guidelines at the time of treatment.