Medical Malpractice

If a doctor, nurse, hospital, or other provider made a serious mistake that left you or a loved one injured, you may have a medical malpractice claim under New York law. Medical errors can cause permanent disability, loss of independence, or even wrongful death—and they are often preventable. 

At Gillette & Izzo Law Office, our New York medical malpractice attorneys have recovered millions of dollars for patients and families harmed by negligent medical care. We understand the medicine, the law, and the tactics hospitals and insurers use to avoid responsibility, and we know how to fight back.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care and causes harm to a patient. In practical terms, it means a doctor or other provider did something (or failed to do something) that a reasonably careful provider would not have done in the same situation, and that failure caused injury. 

To prove medical malpractice in New York, an injured patient (the plaintiff) must generally show four things, sometimes called the “4 Ds of negligence”:

1. Duty – The provider owed you a professional duty of care as a patient.
2. Deviation – The provider breached that duty by deviating from accepted medical standards.
3. Direct causation – That deviation directly caused your injury or worsened your condition.
4. Damages – You suffered actual harm (physical, emotional, and financial losses).

Because these cases are complex and heavily defended, New York law requires a Certificate of Merit: your attorney must consult a qualified medical expert who confirms there is a reasonable basis to believe malpractice occurred.

Common Types of Medical Malpractice Cases We Handle

Medical negligence can happen in any specialty or setting—hospitals, clinics, surgery centers, nursing homes, emergency rooms, and doctors’ offices. Some of the most frequent malpractice claims in New York include:

Misdiagnosis and Delayed Diagnosis

• Failure to diagnose cancer, heart attack, stroke, infection, or other serious conditions. 
• Misreading lab tests, imaging studies (X‑rays, MRIs, CT scans), or pathology reports.
• Delays in ordering necessary testing or referring to specialists.

Surgical Errors

• Operating on the wrong body part or the wrong patient.
• Leaving surgical instruments or sponges inside the body.
• Cutting or damaging organs, nerves, or blood vessels.
• Failing to monitor and respond to complications during or after surgery. 

Emergency Room & Hospital Negligence

• Failure to recognize and treat life-threatening conditions.
• Inadequate triage, monitoring, or follow-up care.
• Medication errors, including wrong dose or drug interactions.

Medication & Anesthesia Errors

• Prescribing or administering the wrong drug or dose.
• Failure to review allergies or dangerous interactions.
• Anesthesia mistakes cause brain damage, cardiac arrest, or death.

Birth & Obstetrical Injuries

• Failure to monitor fetal distress.
• Delayed C‑section.
• Improper use of forceps or vacuum.
  These cases can lead to cerebral palsy, Erb’s palsy, hypoxic‑ischemic encephalopathy (HIE), and other lifelong injuries.

Nursing Home & Long‑Term Care Neglect

• Bedsores, dehydration, malnutrition.
• Falls and fractures due to poor supervision.
• Medication mismanagement and lack of basic care.

What Compensation Is Available in a New York Medical Malpractice Case?

New York allows injured patients to seek both economic and non‑economic damages in medical malpractice cases, and there is no statewide cap on malpractice damages.

Economic Damages

• Past and future medical expenses (hospitalizations, surgery, rehab, medications).
• Lost wages and loss of future earning capacity.
• Home health care, assistive devices, and home modifications.

Non‑Economic Damages

• Pain and suffering.
• Emotional distress and loss of enjoyment of life.
• Loss of consortium (harm to the marital relationship).

In rare cases of extreme misconduct, punitive damages may be available to punish and deter particularly reckless behavior.

Deadlines: How Long Do You Have to File?

Medical malpractice claims are subject to strict statutes of limitations, and missing a deadline can permanently bar your case.

• Standard rule (adult patient): Generally, 2 years and 6 months from the date of the malpractice or from the end of continuous treatment with the same provider for the same condition.
• Cancer & malignant tumor misdiagnosis (Lavern’s Law): In certain misdiagnosis cases, you may have up to 2 years and 6 months from the date you discovered—or reasonably should have discovered—the malpractice, but no more than 7 years from the malpractice itself.
• Children: Time limits are more complex; some claims can be brought beyond the child’s 18th birthday, but you should speak with a lawyer as soon as possible. 
• Claims against government hospitals or public facilities: Generally require a Notice of Claim within 90 days and a lawsuit within 1 year and 90 days. 

Because these rules are nuanced and changing in 2025–2026 legislative updates, you should not rely on general information alone. We can review your situation and calculate the precise deadline for your case.

How We Consider Medical Malpractice

Medical malpractice cases are evidence‑intensive. Our team will:

• Obtain and review all medical records, imaging, and test results.
• Work with qualified, board‑certified medical experts to identify deviations from the standard of care. 
• Analyze hospital policies, staffing levels, and internal protocols.
• Take depositions of doctors, nurses, and other witnesses.
• Build a clear narrative connecting the negligence to your injuries.

The New York courts require that we file a Certificate of Merit confirming that a medical expert has reviewed the case and believes there is a reasonable basis for the claim. This protects patients from frivolous lawsuits and underscores the importance of hiring a firm that understands both medicine and law.

Why Choose Gillette & Izzo for Your Medical Malpractice Case?

Experience & Results

Our attorneys have recovered millions of dollars in verdicts and settlements in complex medical negligence, birth injury, and wrongful death cases. We regularly handle high‑stakes claims involving catastrophic injury and lifelong disability.

Medical Knowledge & Expert Network

We work with respected medical experts across specialties—surgery, emergency medicine, radiology, obstetrics, neurology, pediatrics, and more—to prove how and why the malpractice occurred.

No Fee Unless We Win

We handle medical malpractice cases on a contingency fee basis:

• No upfront costs.
• We advance expenses for experts and litigation.
• You pay a fee only if we recover money for you.

Local Syracuse Firm, Statewide Reach

From our Syracuse office, we represent clients throughout Central New York and across the state.

What to Do If You Suspect Medical Malpractice

If you believe you or a loved one has been harmed by negligent medical care:

1. Get a second medical opinion as soon as possible.

2. Request copies of all medical records (hospital, clinic, lab, imaging). You have a right to them under New York and federal law.

3. Write down a timeline of what happened—names, dates, conversations, and symptoms.

4. Do not sign releases or settlement papers from the hospital or insurer before speaking to a lawyer.

5. Contact an experienced medical malpractice attorney quickly to preserve your rights.

Related Practice Areas

• Birth & Obstetrical Injuries
• Wrongful Death
• Nursing Home Abuse & Neglect
• Surgical & Hospital Errors