How to sue a doctor for pain and suffering? In New York, it means more than pointing to a medical mistake—it requires showing that a doctor’s negligence broke the standard of care, caused serious harm, and left you living with lasting losses. The law provides only two and a half years to take legal action, and in some cases, even less time, as certain claims require filing a notice of claim within 90 days. Success often hinges on medical records, testimony from other physicians, and evidence of the “human damages” you carry—your pain, emotional struggles, disfigurement, or disability. At the Law Office of Cohen & Jaffe – Long Island Personal Injury Lawyers, we fight to make those damages seen and valued.
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What Counts as Pain and Suffering in a Medical Malpractice Case?
In malpractice lawsuits, pain and suffering refers to the non-economic damages you experience due to a doctor or hospital’s negligence. This includes:
- Chronic physical discomfort or permanent pain.
- Emotional distress such as depression, anxiety, or PTSD.
- Loss of enjoyment in daily activities.
- Strain on relationships or family life.
- Disfigurement or long-term disability.
While these losses may not generate receipts like hospital bills, they are no less devastating. New York law allows patients to seek financial recovery for the visible and invisible toll.
Reasons to Sue a Doctor or a Hospital for Pain and Suffering
Not every bad outcome is malpractice, but a lawsuit may be warranted if a provider’s negligence caused serious harm. Examples include:
- Misdiagnosis or delayed diagnosis of life-threatening conditions.
- Surgical mistakes involve operating on the wrong body part or leaving foreign objects inside a patient.
- Medication errors involving dosage or prescription mix-ups.
- Improper monitoring or delivery methods cause birth injuries.
- Ignoring symptoms of heart attack, stroke, or infection.
Filing a claim may be the only way to hold the responsible party accountable when these errors lead to lasting injuries, emotional distress, or diminished quality of life.
Steps on How to Sue a Doctor for Pain and Suffering
These steps highlight how to sue a doctor for pain and suffering while ensuring that your claim is fully supported with medical and legal evidence.
- Obtain Medical Records – Collect hospital charts, diagnostic results, prescriptions, and treatment notes.
- Consult a Medical Malpractice Attorney – We evaluate your case and work with medical experts to determine whether negligence occurred.
- File a Certificate of Merit – New York law requires a lawyer to confirm that an independent physician has reviewed the case and believes it has legal merit.
- File the Lawsuit – A formal complaint is submitted to the court against the responsible provider or facility.
- Discovery and Expert Testimony – Both sides exchange evidence and present expert witnesses to establish whether the standard of care was breached.
- Negotiation or Trial – Many cases resolve through settlement, but we are always prepared to fight for you in court.
How Much Compensation Can You Recover for Pain and Suffering?
Compensation for pain and suffering in medical malpractice cases depends on the severity of injury, extent of emotional trauma, and the strength of negligence evidence. While New York does not cap non-economic damages, the amount awarded often reflects how deeply your pain, disability, or emotional distress impacts daily life. Juries evaluate expert testimony, medical documentation, and comparable verdicts to determine fair compensation. Both physical and emotional suffering are recognized, ensuring victims can seek justice for their full range of losses.
The Statutes of Limitations for Filing a Pain and Suffering Medical Malpractice Lawsuit in New York
New York imposes strict deadlines for filing medical malpractice lawsuits. Under CPLR § 214-a, you generally have two years and six months from the date of malpractice, or from the end of continuous treatment by the negligent provider, to bring a claim.
Important exceptions include:
- Foreign object cases: The deadline is one year from the date you discover the object.
- Failure to diagnose cancer or malignant tumors: A special discovery rule allows a lawsuit within 2.5 years of the later discovery, subject to overall limits.
It’s important to act within the legal deadlines. A lawyer can review your situation and explain your options to preserve your chance to file a claim.
Contact a Long Island Medical Malpractice Lawyer for a Free Case Review
At the Law Office of Cohen & Jaffe – Long Island Personal Injury Lawyers, we understand the weight of pursuing justice after malpractice. If you are wondering how to sue a doctor for pain and suffering, our team is here to guide you. Call 516-358-6900 today for a free consultation—available 24/7, with no fees unless we win for you.
Richard S. Jaffe | Partner
After pioneering a string of personal injury cases on Long Island and in the New York City metropolitan area involving lead paint poisoning of infants, Richard’s reputation would be well known enough as a fierce trial attorney and litigator. Richard has managed to secure several multi-million dollar verdicts and settlements throughout his 30-plus years of experience, which has earned him membership in many prestigious circles, such as the nation’s Million Dollar Advocates Forum.
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