Hospitals play a vital role in our communities, and most deliver care that meets high standards. But when a serious mistake causes harm, it raises tough questions about accountability—and that’s often when people start asking, what are the chances of winning a lawsuit against a hospital? At the Law Office of Cohen & Jaffe, we’ve stood by individuals and families who’ve faced the fallout of hospital errors—working to hold those institutions responsible.
Medical Malpractice Lawsuits Against Hospitals in New York
In New York, a hospital can be held accountable when its staff or systems cause harm by failing to follow accepted standards of care.
According to the New York City Bar Association, medical malpractice occurs when a healthcare provider fails to meet accepted medical standards, resulting in injury, illness, or a worsened condition. To succeed in a malpractice case, a patient must prove:
- They were under a physician’s care
- The physician failed to act according to the standard of care for their specialty
- That failure caused injury, illness, or a worsened condition
Some of the most common examples of hospital malpractice include:
- Misdiagnosing a condition—or missing it altogether
- Performing surgery on the wrong site or with preventable errors
- Giving the wrong medication or the wrong dose
- Failing to monitor a patient after surgery
- Complications during childbirth that could’ve been avoided
These cases are complex. You’re not just saying someone made a mistake—you’re saying that the mistake caused lasting harm and that it could have been prevented with proper care.
What Are the Chances of Winning a Lawsuit Against a Hospital?
Your chances depend on how strong the evidence is and how clearly the case is built. Medical liability is a deeply personal issue for physicians. A 2023 AMA research study found that 31% of doctors had faced a lawsuit during their careers. Unsurprisingly, the longer someone practices, the more likely they are to face legal action.
Most malpractice cases don’t go to trial. They’re often resolved in settlement negotiations. When the case is well organized and backed by strong evidence, the chances of reaching a favorable outcome improve significantly.
Key Factors That Influence the Outcome of a Hospital Malpractice Case
Several pieces need to fall into place for a hospital lawsuit to succeed:
- Medical records that tell the story clearly — when notes, test results, and timelines line up, it’s easier to build a case
- Credible testimony from another doctor — juries and insurers take notice when a peer says the hospital’s care fell short
- A clear connection between the mistake and your harm — we need to show that what the hospital did (or didn’t do) directly caused your injury
- Well-documented losses — this includes physical pain, emotional toll, extra medical bills, lost wages, and more
- Local laws and deadlines — New York’s statute of limitations and procedural rules can make or break a case
Challenges in Proving Medical Malpractice Against a Hospital
Navigating these situations can be challenging. Hospitals rarely concede easily, often relying on legal teams to deflect responsibility or minimize the severity of injuries. Medical care is rarely straightforward; hospitals are unlikely to admit fault—even when something clearly goes wrong.
The plaintiff has the obligation to prove what happened, how it caused harm, and the extent of the damages—which is where we step in to help build a strong, fact-based case.
To make matters more complex, medical records can be incomplete or unclear, especially in fast-paced hospital environments. Success in these cases depends on our ability to piece together the evidence and build a compelling narrative.
Settlement vs. Trial: What’s the Best Option for Your Case?
Many times, settling a case is the smarter move.
- It avoids months or years in court
- You get financial relief sooner
- It lets both sides have more control over the outcome
That said, we don’t back down from trial when the offer isn’t fair:
- If the hospital denies wrongdoing or lowballs the settlement
- If your injuries are severe and deserve serious compensation
- If you want your story heard in court
We help you weigh the pros and cons so you can make the right call for your future.
Speak With a Long Island Medical Malpractice Lawyer Today
At the Law Office of Cohen & Jaffe, we know how overwhelming it is to take on a hospital after something goes wrong. If you’re asking, “What are the chances of winning a lawsuit against a hospital?”, we’re ready to sit down and discuss your situation. Call 516-358-6900 to set up a free consultation. Let’s figure out what comes next—together.
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