Malpractice Law in NY

Medical malpractice occurs when a medical professional or healthcare provider causes injury or death when he or she fails to treat you within the standard of acceptable medical care.  Health care providers in New York are considered negligent when they depart from acceptable standards of medical care and cause injury to a patient.

NY medical malpractice laws affecting your case

Certain medical malpractice laws in New York City and the State of New York may affect your medical malpractice claim, including the following:

  • New York licensed physicians are not required to carry malpractice insurance.
  • Hospitals are not necessarily held liable for the actions of non-employee staff members, such as contracted physicians or those employed by temporary employment firms.  But there have been exceptions to this rule regarding specifically emergency physicians.
  • Medical malpractice law in NY imposes no limit on the amount of financial damages a claimant can recover in a malpractice law suit.
  • Expert testimony in a medical malpractice trial is required
  • A certificate of merit must be filed with the summons and complaint
  • In New York, each party in the suit must disclose to the other the qualifications and the expected testimony of the medical expert or experts they are working with, but the parties are not required to disclose the identity of the expert.

Evaluating medical malpractice attorneys in NY

Here are criteria to consider when selecting a medical malpractice lawyer in NY to represent you in a medical malpractice claim:

  • With many medical nalpractice laws being specific to New York, it is important to the success of your case to entrust your legal needs specifically to a medical malpractice attorney in NY.
  • Your family lawyer may be an expert in cert