Medical Malpractice Lawyer NYC

Are you or a loved one a victim of medical malpractice? Our experienced New York City medical malpractice lawyers will work tirelessly to investigate your claim, gather evidence, and build a strong legal strategy to fight for your rights.

Raphaelson Levine is a personal injury law office that has served the needs of people harmed by their healthcare provider for over 34 years. Our personal injury lawyers also accept cases from family members experiencing the wrongful death of a loved one through medical error or neglect.

We have a strong reputation for aggressively pursuing maximum compensation for our clients. With a short statute of limitations from the date of injury or death of a loved one to file a claim, we encourage you to schedule your initial consultation with a New York Medical malpractice attorney from our law firm today.

We will evaluate your case, answer your questions, and provide you with the guidance and support you need to move forward. Let us help you get the justice and compensation you deserve.

NEXT STEP: Get your free consultation today, call 212-268-3222 today or complete the online case evaluation form below.

Medical negligence is the third-leading cause of death in the U.S.

Medical negligence is a growing concern in New York. Every year hospitals, health professionals, and other care providers spend over $3 billion paying out medical malpractice claims, paying an average of over 30 claims per day for medical errors.

The medical malpractice lawyers at Raphaelson & Levine Law Firm have helped hundreds of New York families recover compensation after injuries that have resulted from negligent medical care.

Located in Midtown-Manhattan, New York, our law firm serves patients that have suffered medical negligence throughout New York City (including the Bronx, Brooklyn, Manhattan, Queens, and Staten Island).

The medical malpractice statute of limitations typically provides patients, or their families, 2.5 years (30 months) from the date of their injury to file a claim – a much shorter period than many other types of claims.

Examples of medical malpractice

Failure to diagnose cancer

Many types of cancer respond favorably to treatment when detected early. Unfortunately, your doctor may refuse to order the tests you need to confirm it or be guilty of misdiagnosis, both of which allow cancer to spread unchecked. When it comes to cancer, it’s also common for victims of medical malpractice to receive a report showing no particular problem due to a technician performing the MRI, CT, or other imaging test wrong or a doctor misreading the results.

Emergency room errors

Emergency rooms are busy places, and staff often wants to get patients discharged or admitted as quickly as possible. This can easily lead to NY medical malpractice when a doctor or surgeon doesn’t take the time to diagnose and treat your presenting problem correctly.

Birth injuries

Preventable birth injuries that lead to cerebral palsy and other lifelong medical conditions can make for a tragic medical malpractice case. However, we understand that sympathy will only get you so far. You need the opportunity to sue the negligent party or parties for medical expenses, lost wages, and other costs associated with providing ongoing medical care for your child with a serious birth injury.

Surgical errors

It can sound unbelievable, but surgical errors such as leaving an instrument inside of a patient’s body, operating on the wrong body part, or operating on the wrong patient altogether are more common than you think. We have seen numerous cases of surgical errors locally as New York medical malpractice lawyers.

Medication errors

A doctor should never write a prescription, nor should a pharmacist fill one, without knowing if it potentially interacts with other medications you take. It’s especially incumbent upon the prescribing doctor to consider the medication’s known side effects and weigh them against the potential benefits you could gain from taking the medication. You always have the right to make an informed decision as a patient and could have a legitimate NYC medical malpractice case if you feel that you didn’t have all the facts you needed to make the best possible decision for yourself or a loved one.

Nursing errors

Doctors, surgeons, and diagnostic equipment technicians aren’t the only ones who can cause serious injuries due to a lack of professional skills and judgment. You have just as much right to file a medical malpractice case against a nurse as you do against any other type of healthcare professional.

Exceptions to the 30-month statute of limitations for filing a medical malpractice case in New York

In most cases, a New York medical malpractice lawsuit must be filed within two years and six months of the alleged malpractice (CPLR § 214-a). When you were in continuous treatment for the same condition, that period runs from your last qualifying treatment. A wrongful death claim has its own deadline, which we'll confirm on your first call.

New York medical malpractice law does allow for the following exceptions:

• Foreign object left in the body: You have one year from when you discovered it, or from when you learned facts that reasonably should have led you to discover it, if that's earlier.
• Failure to diagnose cancer: The two years and six months can run from when you knew, or reasonably should have known, about the missed diagnosis and the harm it caused. Conditions in the statute apply, including a seven-year outer limit.
• New York statute of limitations regarding minor children: When victims of medical malpractice are under age 18, the statute of limitations doesn’t begin until the 18th birthday. However, neither the patient nor the parents can pursue a personal injury lawsuit more than 10 years after the medical malpractice occurred regardless of the child’s age. If the error or negligence happened when a child was five years old, for example, his or her parents would need to pursue an NYC medical malpractice case by the time the child turned 15.
• Public hospitals: Claims against certain public hospitals and municipal entities, such as NYC Health + Hospitals, can also require a Notice of Claim within 90 days and a lawsuit within one year and 90 days.

Filing a medical malpractice claim for maximum compensation

Our medical malpractice lawyers have recovered numerous million-dollar verdicts and settlements for individuals whose lives have been changed due the negligence of a medical professional.

Recent examples of medical malpractice lawsuits our clients have won include:

$2.2 million award on behalf of a young teaching aide who is legally blind because of repeated failures to diagnose the cause of her severe headaches, despite three emergency room visits in one month. We proved that timely referral, diagnosis, and treatment could have prevented the irreversible damage to her vision.

$750,000 award for a 45-year-old woman whose breast cancer went untreated for six months because her OB-GYN doctor failed to inform her of a suspicious mass found on a sonogram. The award for the complications she suffered from the delayed diagnosis.

Find out what you need to know about New York City injury laws and how our team of award-winning attorneys can help you.

Discuss your claim with a medical malpractice lawyer today

At Raphaelson & Levine, we have a reputation for getting big results in big cases. We know how to navigate the complexities of medical malpractice cases and are committed to securing the best possible outcome for our clients while attending to each clients' needs throughout the process.

If you decide to pursue an attorney-client relationship after we provide you with a free, no-risk case evaluation, we will explain each of the next steps as you seek justice in your medical malpractice or wrongful death case.

While our goal is always to arrive at a fair settlement with insurance companies, we are fully prepared to represent your interests in a jury trial if necessary.

NEXT STEP: Call 212-268-3222 or contact us online for a free consultation with one of the top-rated New York City medical malpractice attorneys at Raphaelson & Levine Law Firm.