Medical Malpractice Lawsuits in New York: Your Rights

Under CPLR §214-a, New York imposes a 2.5-year statute of limitations for medical malpractice claims, running from the date of the negligent act or the end of continuous treatment by the same provider. Missing this deadline typically bars your claim permanently, so prompt legal consultation is critical.

Yes. New York requires plaintiffs to file a certificate of merit within 90 days of serving the complaint. In it, your attorney attests to having consulted a licensed physician who reviewed the case and concluded there is a reasonable basis to believe the defendant departed from accepted medical practice. Without it, the case may be dismissed.

You must prove three elements: (1) the healthcare provider owed you a duty of care established by the doctor-patient relationship; (2) the provider deviated from the accepted standard of care that a reasonably competent practitioner would have followed; and (3) that deviation was a proximate cause of your injury or worsened condition. Expert medical testimony is almost always required on each element.

Recoverable damages include past and future medical expenses, lost earnings and diminished earning capacity, pain and suffering, and loss of enjoyment of life. New York does not cap compensatory damages in malpractice cases, though awards are subject to judicial review. Punitive damages are rarely awarded and require proof of intentional or reckless misconduct beyond simple negligence.