Can you sue a hospital if you’ve been harmed due to poor care? Yes, you can—if the injury was caused by negligence or malpractice. In New York, patients have the right to pursue legal action when a hospital’s actions—or failure to act—lead to serious injury. Whether the issue stems from a surgical error, misdiagnosis, medication mistake, or lack of proper monitoring, hospitals can face legal consequences when care falls below accepted medical standards.
These cases aren’t just about addressing what went wrong—they’re about holding institutions responsible, preventing future harm, and helping injured patients secure the financial support they need to move forward.
Can You Sue a Hospital for Medical Malpractice?
Yes, hospitals can be held legally responsible for malpractice under several theories of liability. When a staff member—such as a nurse, technician, or attending physician—acts negligently during treatment, the hospital may be accountable for the harm caused. These cases often involve inadequate patient monitoring, incorrect medication administration, or poor infection control protocols.
Beyond employee negligence, hospitals can also face direct liability. This applies when the institution itself engages in misconduct, such as hiring unqualified personnel, failing to train staff properly, or neglecting to implement and enforce safe policies. The Journal of Law, Medicine & Health Care notes that courts recognize these as legitimate grounds for holding a hospital directly responsible.
It’s worth noting that hospitals are generally only liable for their direct employees—not independent contractors. However, if a provider appears to be affiliated with the hospital or if the hospital fails to reasonably verify that provider’s credentials, liability may still apply.
Common Hospital Mistakes That Lead to Malpractice Lawsuits
Hospitals are complex systems where communication errors, understaffing, and poor oversight can result in preventable harm. Some of the most frequent mistakes include administering the wrong medication, failing to monitor a patient’s condition, surgical errors, and delays in treatment. In many cases, these breakdowns are systemic—not just individual missteps. Identifying the root cause is key to determining liability and building a strong claim.
Key Steps to Filing a Lawsuit Against a Hospital
Bringing a successful medical malpractice claim in New York involves a series of structured, time-sensitive steps. Each phase requires careful documentation, legal precision, and clearly showing that the hospital’s negligence caused harm.
- Get Immediate Medical Care: Prioritize your health. Prompt treatment protects your well-being and creates a medical record that can later support your claim.
- Secure Your Medical Records: These documents are essential in determining whether the care you received fell below accepted medical standards.
- Obtain a Certificate of Merit: New York law requires this document to confirm that a qualified medical professional has reviewed your case and believes it has a legal basis.
- Initiate the Lawsuit: Your legal team will file a formal complaint outlining what went wrong, how you were harmed, and what compensation you seek.
- Proceed Through Discovery and Pre-Trial: This stage includes exchanging evidence, taking depositions, and possibly entering settlement negotiations.
Filing a claim against a hospital is not only about proving negligence but also about following strict procedural rules that vary across counties. In Nassau County, understanding local court practices can make a meaningful difference in how your case moves forward.
How Much Time Do You Have to Sue a Hospital in New York?
In most cases, patients in New York have two years and six months from the date of the malpractice to file a lawsuit against a hospital. This deadline applies to claims involving private hospitals and healthcare providers. However, if the hospital is publicly operated—such as Nassau University Medical Center—the rules are stricter: a Notice of Claim must be filed within 90 days, and the lawsuit itself must be initiated within one year and 90 days.
Some exceptions can extend or shorten these timelines. For instance, when the injured patient is a minor, or the malpractice wasn’t discovered immediately, the statute of limitations may be paused—or tolled. If you’re unsure how these rules apply to your case, this overview of New York’s medical malpractice deadlines provides helpful guidance.
Given the complexity of the rules and the consequences of missing a deadline, it’s essential to speak with an attorney as early as possible.
Speak with a Medical Malpractice Lawyer in Nassau County Today
Can you sue a hospital after receiving negligent care? The law may give you that right, but success depends on the details of what happened and who was responsible. We help patients in Nassau County navigate these complex claims with confidence and care. Whether you’re exploring your options or ready to file, we’ll walk you through each step. Don’t wait to get answers.
Contact the Law Office of Cohen & Jaffe at 516-358-6900 or schedule a free consultation today.
Call a lawyer:
