Understanding how to sue for malpractice can be daunting when dealing with a medical crisis. Pursuing a malpractice claim in New York means meeting legal deadlines, preparing documentation, and making important decisions early on. At Cohen & Jaffe, we work with clients throughout Nassau County to make the legal process less intimidating and more manageable.
Filing a medical malpractice claim in court typically involves hiring a lawyer to represent you, gathering critical documents like medical records and communications, identifying the appropriate court with jurisdiction, and submitting the necessary legal forms to begin your case.
Do You Have a Medical Malpractice Case?
Not every poor medical outcome qualifies as malpractice. The legal definition hinges on whether your care deviated from accepted medical standards and caused you harm.
According to the New York City Bar Association, to succeed in a medical malpractice case, a plaintiff must prove:
- They were under the care of a physician
- The doctor failed to act as a competent professional in their medical specialty would have
- That failure directly caused injury, illness, or worsening of an existing condition.
To succeed in a medical malpractice case, a plaintiff must clearly establish each of these points. We guide our clients through this evaluation from the start to determine the strength of their potential claim.
How to Sue for Malpractice: Key Steps
Once you’ve confirmed your situation may involve malpractice, it’s time to take action. Below is a breakdown of how to sue for malpractice in New York:
- Gather Your Medical Records: You’ll need documentation to support your claim—this includes hospital charts, lab results, prescriptions, and doctor’s notes.
- Consult with a Malpractice Attorney: Before you proceed, speaking with someone who understands the laws and deadlines is important. Timing matters—a lot.
- File a Notice of Claim (if applicable): If the provider was a public hospital or government-employed doctor, you may need to file a Notice of Claim within 90 days of the incident.
- Obtain a Certificate of Merit: In New York, a malpractice lawsuit can’t be filed without a certificate from another medical professional stating the case has merit.
- Initiate the Lawsuit: Once the certificate is in place, your attorney files the complaint in civil court.
- Discovery & Pre-Trial: During discovery, both sides exchange evidence, witness lists, and expert reports. Depositions may also be taken.
- Settlement Negotiations or Trial: Many cases are resolved before trial, but not all. We prepare every case as if it’s going to court so nothing gets overlooked.
According to the New York City Bar Association, medical malpractice claims require more than just showing a doctor made a mistake—the plaintiff must prove the doctor deviated from the standard of care. That deviation is typically confirmed through a medical expert. Learning to sue for malpractice isn’t just about understanding the law—it’s about making informed decisions at every turn.
What Compensation Can You Receive in a Malpractice Lawsuit?
You may be eligible to recover damages for multiple types of losses. These generally fall into two categories:
Economic Damages
These can include medical expenses you’ve already incurred and those you’re expected to face in the future; income lost due to time away from work, or a diminished ability to earn in the long term. Rehabilitation costs and in-home care also fall into this category.
Non-Economic Damages
These relate to the more personal impact of malpractice, such as physical pain, emotional suffering, and the loss of enjoyment in daily life or activities that once brought fulfillment.
In rare cases, punitive damages may also be awarded when the conduct was grossly negligent or intentional. We fight to ensure every aspect of your loss is accounted for—financial and personal.
Should You Settle or Go to Trial?
That depends on the strength of your case, the damages involved, and the offer from the other side.
Many malpractice lawsuits in New York settle before trial. Settling can save time, reduce stress, and provide faster access to compensation. But a trial becomes necessary when a fair offer isn’t available. We advise each client individually and weigh all options based on the case’s unique facts.
Consult a Medical Malpractice Lawyer in Nassau County, New York
At Cohen & Jaffe, we take every malpractice case personally. Whether you’re trying to understand how to sue for malpractice or you’re ready to start the process, we’re here to help. Our team knows the courts, the process, and how to pursue maximum compensation on your behalf. Call us today at 516-358-6900 to get started. Schedule a free consultation here.
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