Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What does a malpractice attorney do?
A malpractice attorney investigates whether a healthcare provider deviated from the accepted standard of care and caused patient harm. In New York, this includes retaining medical experts, filing a certificate of merit within 90 days of the lawsuit, and building a case that meets the state's rigorous evidentiary standards. Their goal is to recover compensation for medical bills, lost income, and pain and suffering.
How long do I have to file a medical malpractice claim in New York?
Under CPLR §214-a, most medical malpractice claims in New York must be filed within two and a half years (2.5 years) of the negligent act or the end of continuous treatment by the same provider for the same condition. There are narrow exceptions—for example, cases involving a foreign object left in the body have a different discovery rule—so it is critical to consult an attorney as soon as possible.
What is a certificate of merit in a NY malpractice case?
New York law (CPLR § 3012-a) requires plaintiffs in medical malpractice cases to file a certificate of merit within 90 days of service of the complaint. This certificate, signed by the attorney, confirms that they have consulted with a licensed physician who has reviewed the case and believes there is a reasonable basis to proceed. It is designed to screen out frivolous claims and is a mandatory procedural step.
What types of cases does a malpractice attorney handle?
Medical malpractice attorneys handle cases involving surgical errors, misdiagnosis or delayed diagnosis, birth injuries such as cerebral palsy, medication errors, anesthesia complications, and failure to obtain informed consent. In New York, these cases are complex and require expert testimony to establish that the provider's conduct fell below the standard of care and directly caused the patient's injuries.