Last reviewed: October 2026. Laws change, so confirm current details with an attorney.
Not every bad medical outcome is malpractice. A claim generally requires that a provider departed from accepted medical standards and that departure caused harm. Here is an overview of how these claims work in New York.
Quick answers
- Deadline to sue: Generally 2 years and 6 months from the act of malpractice (CPLR 214-a), with limited exceptions. Claims against public hospitals can require a notice of claim within 90 days.
- Expert support: New York requires a certificate of merit, confirming a physician reviewed the case and found a reasonable basis for it (CPLR 3012-a).
- Standard of care: The question is whether the provider acted as a reasonably careful provider would under similar circumstances.
- Outcome alone is not enough: A complication or poor result may not be malpractice.
Common types of medical malpractice claims
- Misdiagnosis or delayed diagnosis, including cancer
- Surgical errors
- Medication and anesthesia errors
- Birth injuries
- Failure to obtain informed consent
- Failure to monitor or follow up with a patient
What you must prove
- A doctor-patient relationship existed.
- The provider departed from accepted standards of care.
- That departure caused your injury.
- You suffered damages.
Because medical issues are complex, these cases rely on expert testimony and detailed records.
Steps to take
- Get any needed corrective care first.
- Request complete copies of your medical records, including imaging and billing.
- Write down a timeline: symptoms, visits, treatments, and names.
- Do not alter or discard records, medication, or devices.
- Avoid posting about your care online.
- Consult an attorney early, since deadlines are short.
Damages you may recover
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- In wrongful death cases, losses to eligible family members
Common mistakes
- Waiting too long and missing the filing deadline
- Assuming a bad result proves malpractice
- Signing releases or accepting early offers from hospitals or insurers
- Not requesting the full record
Frequently asked questions
Can I sue a hospital? Possibly, depending on the facts and who employed or controlled the providers involved.
Are there caps on damages? New York does not cap pain and suffering in most cases, but other rules may apply. Confirm current law.
How long do these cases take? Often longer than other injury cases because of expert review.
Talk to Liakas Law
Free consultation. If you believe you were harmed by a medical error in New York, contact Liakas Law at liakaslaw.comfor a free, no-obligation case review.
Attorney Advertising. Prior results do not guarantee a similar outcome. This post is general information, not legal advice, and reading it does not create an attorney-client relationship.
