When a trusted healthcare provider makes a critical mistake, the consequences can be life-changing. From surgical errors to misdiagnoses, medical negligence can lead to severe injuries, emotional distress, and even wrongful death. If you or a loved one has suffered due to a healthcare provider’s mistake, hiring the best medical malpractice lawyer in New York can make all the difference in your case.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor, nurse, hospital, or other medical professional deviates from the accepted standard of care, resulting in injury or harm to the patient. Common examples include:
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Surgical mistakes
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Misdiagnosis or delayed diagnosis
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Birth injuries
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Medication errors
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Anesthesia complications
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Failure to obtain informed consent
Why Choose a New York-Based Malpractice Attorney?
New York has complex medical malpractice laws, including a statute of limitations, mandatory expert testimony, and unique procedural rules. A lawyer who is licensed and experienced in New York will:
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Understand state-specific medical negligence statutes
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Have access to local medical expert witnesses
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Be familiar with NY hospital systems and court procedures
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Navigate local verdict trends to maximize compensation
Best Medical Malpractice Lawyers in New York (2025)
Here are some top-rated attorneys and law firms based on client reviews, legal awards, and case outcomes:
1. Ben Rubinowitz – Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
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Known for: Multi-million-dollar verdicts
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Recognitions: Super Lawyers, Best Lawyers in America
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Specialty: Surgical errors, birth injuries, failure to diagnose
2. Thomas A. Moore – Kramer, Dillof, Livingston & Moore
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Notable for: One of the highest medical malpractice recoveries in NY history
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Recognized for: Exceptional trial skills
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Specialty: Anesthesia errors, wrongful death
3. Jordan Merson – Merson Law, PLLC
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Known for: Representing victims of sexual abuse and complex medical injury
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Specialty: Brain injury, OB-GYN negligence, pediatric malpractice
4. John Dalli – Dalli & Marino, LLP
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Focus: Nursing home abuse and elder care negligence
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Highly rated for: Compassionate service and aggressive litigation
5. Richard M. Kenny – Law Office of Richard M. Kenny
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Handles: Medical malpractice and personal injury
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Benefits: Free consultations and contingency-based representation
⚠️ Always schedule a free case evaluation to confirm a lawyer's fit for your specific situation.
How to Choose the Right Malpractice Lawyer for Your Case
When searching for the best medical malpractice attorney in New York, prioritize the following:
✅ 1. Experience with Similar Cases
Ask about their track record handling cases like yours—birth injury, misdiagnosis, surgery errors, etc.
✅ 2. Trial Experience
Many malpractice cases settle, but hiring a lawyer who’s not afraid to go to trial gives you leverage.
✅ 3. Medical Experts on Staff
Top attorneys work with physicians, nurses, and forensic medical analysts to support your claim.
✅ 4. Transparent Fee Structure
Most lawyers work on a contingency basis, meaning no fees unless you win. Be sure you understand any court costs or percentages.
✅ 5. Reputation and Results
Look for attorneys who’ve secured multi-million-dollar verdicts or settlements and have consistent positive client reviews.
New York Statute of Limitations for Medical Malpractice
As of 2025, the general statute of limitations in New York for medical malpractice is:
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2 years and 6 months from the date of malpractice or last treatment
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Up to 10 years for foreign object cases
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2 years from the discovery in some cancer misdiagnosis cases (under Lavern’s Law)
Failing to file within this window can permanently bar your claim.
What Compensation Can You Receive?
Medical malpractice victims in New York may be entitled to:
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Past and future medical bills
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Lost wages and reduced earning capacity
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Pain and suffering
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Long-term care costs
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Emotional distress
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Punitive damages (in extreme cases)
Average settlements or verdicts for malpractice cases in NY can range from $500,000 to over $5 million, depending on the severity of harm.
What to Expect When You Contact a Lawyer
During your free consultation, a top medical malpractice attorney will:
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Review your medical records
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Assess whether your case meets legal criteria
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Explain your legal options and potential damages
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Discuss next steps and filing deadlines
You should come prepared with as much documentation as possible, including:
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Medical records
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Prescriptions
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Diagnostic tests
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Bills and insurance documents
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Written notes from doctors (if applicable)
🧭 Take Action Before Time Runs Out
Medical mistakes can destroy lives, but justice is possible. By hiring the best medical malpractice lawyer in New York, you’ll have the expertise and support you need to fight for fair compensation.