Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What are the elements of a medical malpractice claim 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.
Do I need an expert witness to prove medical malpractice in NY?
Yes. Under New York law, you must file a certificate of merit within 90 days of your complaint, certifying that a licensed physician reviewed your case and found a reasonable basis for the claim. Expert testimony is required at trial to establish what the accepted standard of care was and how the defendant fell short.
How long do I have to file a medical malpractice lawsuit in New York?
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.
What is the standard of care in a New York malpractice case?
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.