Medical Malpractice

Medical malpractice cases are highly complex and require the attention of an experienced attorney. The personal injury lawyers at Caesar & Napoli, have a strong focus on representing victims of medical malpractice in New York City and throughout the state. We recognize the lengthy challenges that our clients are facing and commit to providing diligent representation. Our team will take initiative in representing your interests, and will make sure that you receive the benefits and compensation you deserve for your injuries.

Consulting With Trusted Experts

We carefully review medical records and work with experts who can prove that the standard of care was not provided. In our experience, we have learned that acting promptly and taking initiative often results in the best outcome for a case. Our New York medical malpractice lawyers handle cases in Manhattan, Brooklyn and Queens involving:

• Birth injuries — Injuries resulting from failure to monitor a fetus, failure to perform a C-section and more.
• Failure to diagnose — Injuries involving failure to diagnose cancer, heart attack, stroke and more.
• Surgical errors — Errors involving anesthesia, post-surgical monitoring and others that have caused serious injuries to a patient.
• Nursing home abuse — Cases involving malnutrition, dehydration, bedsores, broken bones, and other injuries from abuse and neglect.

Efficient, Focused Representation

The Queens medical malpractice lawyers at our firm have extensive experience handling cases involving birth injuries, surgical errors and more. We strive to resolve legal issues as efficiently as possible, while advocating for our clients.

Our attorneys are willing to put in the necessary time and energy to properly prepare your case. We will retain expert resources who can provide authoritative statements about the standard of care in your situation. We stick by our clients’ side, throughout all steps of the legal process.

Contact Our Firm Today

At Caesar & Napoli, we do not charge for initial consultations. To schedule a meeting with one of our attorneys to discuss your injury case, please contact us at (888) 235-6766 . Most personal injury cases are handled on a no-win, no-fee basis. We are not paid attorney’s fees unless we win a recovery for your case.

What to Do First If You Suspect Medical Negligence

Medical malpractice claims are among the most document driven cases in New York, and the record is what decides them.

• Request your complete records in writing. Ask for the full chart, not a summary. That includes imaging, pathology, nursing notes, medication administration records and any operative reports.
• Keep treating. Getting appropriate care protects your health first, and gaps in treatment are routinely used to argue an injury was not serious or was caused by something else.
• Write down the timeline while it is fresh. Dates, names, what you reported and what you were told. Memory of a long hospitalization fades quickly.
• Keep every bill and explanation of benefits. These establish what was done, when, and by whom.
• Do not sign a release from a hospital or insurer before you understand what it covers.
• Move promptly. The medical malpractice deadline in New York is shorter than the ordinary injury deadline, and it can be far shorter if a public hospital is involved.

A Bad Outcome Is Not the Same as Malpractice

Medicine carries risk, and not every disappointing result is negligence. A New York malpractice claim generally requires showing that the care fell below accepted medical standards and that the departure caused the injury. Both halves matter. Cases fail on causation as often as on the standard of care.

New York also requires, in most malpractice actions, that the attorney file a certificate of merit confirming a qualified medical expert was consulted and believes there is a reasonable basis for the claim. In practical terms this means a physician has to review the records before a case can properly be started, and that review takes time. It is another reason not to wait until the deadline is close.

New York Medical Malpractice Deadlines

The general rule is two years and six months from the act or omission complained of, or from the end of continuous treatment for the same condition. Several important variations apply:

• Cancer and malignant tumor cases. Under the 2018 amendment known as Lavern’s Law, the period can run two years and six months from when the person knew or reasonably should have known of the alleged failure to diagnose, subject to an outside limit of seven years from the act itself.
• Foreign objects left in the body. A separate rule applies, running from discovery of the object rather than from the surgery.
• Public hospitals and municipal providers. Where a city hospital, public benefit corporation or other public entity is involved, a written Notice of Claim is generally required within 90 days, which is dramatically shorter than the general rule.
• Injured children. The deadline is tolled during a child’s minority, subject to an overall outside limit.

Because which rule applies depends on the facts and on who provided the care, the deadline should be confirmed rather than assumed.

Medical Malpractice Questions We Hear Most Often

I signed a consent form before the procedure. Does that end my claim?

No. Consent forms describe risks that can occur even with proper care. They do not authorize care that falls below accepted standards, and they do not waive a claim for negligence.

How do I know whether it was malpractice or just a bad outcome?

Usually you cannot tell from the outside, which is exactly what the records review is for. A qualified physician looks at the chart and gives an opinion on whether the care met accepted standards and whether any departure caused the harm.

Can I bring a claim against a hospital as well as the doctor?

Sometimes. It depends on whether the physician was an employee of the hospital or an independent attending with privileges, and on whether the hospital’s own staff, systems or policies contributed. That distinction is often unclear until the records are examined.

What if my relative died? Is that a different claim?

Yes. A death may support both a wrongful death claim, brought by the estate for the losses suffered by the family, and a survival claim for the pain and suffering the person experienced before death. These carry their own deadlines, generally running from the date of death.

What does it cost to have the records reviewed?

Initial consultations are free. Most personal injury cases at the firm are handled on a no-win, no-fee basis, which means attorney’s fees are owed only if there is a recovery.

The information on this page is general and is not legal advice. Deadlines and outcomes depend on the specific facts of each case.