Missed cancer diagnosis. Surgical error. Anesthesia complication. Medication overdose. ER misdiagnosis. New York medical malpractice claims have a shorter 2.5-year statute of limitations (New York civil procedure rule 214-a) — and the foreign-object discovery rule, Lavern's Law for cancer misdiagnosis, and continuous-treatment doctrine all matter.
Madison Law Firm PLLC · 579 5th Ave, 2nd Floor, New York, NY 10017
Complete certified medical records, imaging studies, pathology slides, prescribing records. Expert physician review under New York civil procedure rule 3012-a (certificate of merit required before filing).
Hospital and physician carriers (MMIA, MLMIC, PRI) have specialized claim departments. We document deviation from standard of care and proximate causation before approaching.
Med-mal cases are expert-driven. Trial requires multiple specialty experts (causation, damages, life-care planning). We coordinate with med-mal trial co-counsel where appropriate.
Every case is different. The recoverable damages depend on your injuries, the insurance available, and the facts of your case.
NY medical malpractice claims must be filed within 2 years and 6 months of the malpractice (New York civil procedure rule 214-a). Continuous treatment for the same condition extends the clock until the relationship ends. Foreign objects: 1 year from discovery. Lavern's Law (effective 2018): 2.5 years from when a cancer misdiagnosis is or reasonably should have been discovered, capped at 7 years from the act.
Before filing, NY requires a New York civil procedure rule 3012-a certificate of merit signed by your attorney attesting that a qualified physician has reviewed the case and finds it meritorious. We arrange the expert review during intake.
Claims against NYC Health + Hospitals (HHC) facilities — Bellevue, Elmhurst, Kings County, Lincoln, etc. — require a 90-day notice of claim. Same deadline applies to SUNY hospitals. Call us before that deadline runs.
We answer 24/7. Free consultation. No fee unless we win.