1. Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
Focus Area: Delayed diagnosis, stroke misdiagnosis, birth injuries, surgical errors
Practice Areas: Medical malpractice, delayed diagnosis of cancer, failure to diagnose, hospital negligence, nursing malpractice, surgical errors, birth trauma, wrongful death
Background: For 16 consecutive years, the firm has been named a Tier 1 firm for medical malpractice litigation in New York City by U.S. News and Best Lawyers. The firm includes 9 attorneys recognized in Best Lawyers in America for medical malpractice. In December 2023, the firm secured a $120 million verdict in a medical malpractice case involving a delayed diagnosis of a basilar artery stroke. In May 2025, they obtained a $60 million verdict in Nassau County for a patient left paralyzed after an epidural steroid injection. Partners Howard S. Hershenhorn and Marijo C. Adimey authored the 2025 edition of “New York Medical Malpractice,” a treatise on the complexities of medical malpractice law in New York State.
Location: 80 Pine Street, New York, NY 10005
Contact: (212) 943-1090 | https://www.gairgair.com
Consultation: Free consultation available; contingency fee basis
2. Sullivan Papain Block McManus Coffinas & Cannavo, P.C.
Focus Area: Surgical errors, anesthesia mistakes, wrong-site surgeries, hospital negligence
Practice Areas: Medical malpractice, surgical errors, birth injuries, medication errors, diagnostic errors, emergency room malpractice, nursing home negligence, wrongful death
Background: The firm’s attorneys are recognized by Super Lawyers and Best Lawyers in America. They frequently lecture on medical malpractice law and hold leadership roles in professional associations. The firm works with medical professionals to uncover critical evidence in complex cases. They have achieved multimillion-dollar verdicts and settlements for medical malpractice victims across New York.
Location: 120 Broadway, 18th Floor, New York, NY 10271
Contact: (212) 661-4100 | https://www.triallaw1.com
Consultation: Free consultation; contingency fee basis with no charge unless recovery is obtained
3. Jacob D. Fuchsberg Law Firm
Focus Area: Birth injuries, pediatric medical negligence, misdiagnosis, hospital negligence
Practice Areas: Medical malpractice, birth injuries, cerebral palsy, failure to diagnose, medication errors, surgical errors, anesthesia errors, wrongful death
Background: The firm has generations of experience handling medical malpractice cases and has worked on hundreds of pediatric medical negligence actions. Based in New York City, their attorneys represent individuals and families throughout Manhattan, Brooklyn, Queens, Bronx, Staten Island, and Long Island. The firm has obtained outstanding verdicts and settlements in cases involving complex medical issues.
Location: 1 Pennsylvania Plaza, Suite 2527, New York, NY 10119
Contact: (212) 869-3500 | https://www.fuchsberg.com
Consultation: Free consultation; no fees unless compensation is recovered
4. Simonson Goodman Platzer PC
Focus Area: Surgical negligence, misdiagnosis, hospital malpractice, medication errors
Practice Areas: Medical malpractice, birth injuries, surgical errors, failure to diagnose cancer, emergency room negligence, anesthesia errors, radiology errors, nursing negligence
Background: The firm has represented victims of medical malpractice for decades and has recovered more than $200 million for clients. They maintain a 98% success rate in securing compensation for their cases. Partner Attorney Paul Simonson has been named Lawyer of the Year for Plaintiffs Medical Malpractice and has consistently been recognized as a Best Lawyer in America and selected for inclusion in the Super Lawyers list.
Location: 120 Broadway, Suite 1005, New York, NY 10271
Contact: (800) 817-5029 | https://www.simonsonlegal.com
Consultation: Free consultation; contingency fee structure
5. Meirowitz & Wasserberg, LLP
Focus Area: Misdiagnosis, medication errors, emergency room mistakes, physician incompetence
Practice Areas: Medical malpractice, diagnostic errors, surgical errors, birth injuries, hospital negligence, patient neglect, nursing home negligence, wrongful death
Background: The attorneys at Meirowitz & Wasserberg have extensive experience in medical malpractice claims and are prepared to take cases to court when litigation becomes necessary. They handle a range of medical malpractice types including misdiagnosis of masses or tumors, heart attacks, and pulmonary emboli. The firm provides thorough case evaluation and assistance through the filing process.
Location: 335 Madison Avenue, 3rd Floor, New York, NY 10017
Contact: (212) 897-1988 | https://www.samndan.com
Consultation: Free consultation; contingency fee arrangement
Medical Malpractice Laws in New York
Statute of Limitations: New York Civil Practice Law and Rules section 214-a requires medical malpractice lawsuits to be filed within 2 years and 6 months (30 months) from the date of the alleged medical error. If the malpractice occurred as part of an ongoing course of treatment, the 30-month clock does not start running until the date of the last treatment for the same illness, injury, or condition.
Discovery Rule Exceptions: New York applies a limited discovery rule in two specific situations: (1) For foreign objects left in the body, patients have one year from the date of discovery or the date of discovering facts that would reasonably lead to such discovery, whichever is earlier; (2) For failure to diagnose cancer or a malignant tumor, patients have 2 years and 6 months from the later of when the person knows or reasonably should have known of the negligent act, with an outer limit of seven years from the actual occurrence of the negligence.
Certificate of Merit Requirement: Under New York Civil Practice Law and Rules section 3012-a, a plaintiff’s attorney must file a certificate of merit along with the lawsuit (or within 90 days of filing if the statute of limitations is imminent). The certificate must state that the attorney has reviewed the facts and consulted with at least one licensed physician and concluded there is a reasonable basis for filing the lawsuit, or that the attorney was unable to obtain the required consultation despite three separate good faith attempts.
Damage Caps: New York has no statutory cap on medical malpractice damages. Plaintiffs can recover full compensation for both economic damages (medical expenses, lost wages, future care costs) and noneconomic damages (pain and suffering, mental anguish, loss of enjoyment of life). This places New York among approximately 15 states that do not limit medical malpractice awards.
Comparative Negligence: New York follows a “pure comparative negligence” rule. If a plaintiff is found partially at fault for their own injuries, their damages award is reduced in proportion to their share of blame. For example, if a plaintiff is awarded $100,000 but found 20% at fault, they would receive $80,000.
Expert Witness Requirements: New York law requires expert opinion testimony to prove that a medical provider’s actions constituted a breach of the applicable standard of care. The expert must also provide evidence that the breach directly caused the injuries.
Attorney Fee Limitations: New York law limits contingency fees in medical malpractice cases on a sliding scale: 30% of the first $250,000 recovered, 25% of the next $250,000, 20% of the next $500,000, 15% of the next $250,000, and 10% of any amount over $1.25 million.
Minors: When a minor is injured due to medical malpractice, they have three years from their eighteenth birthday to file a claim; however, the negligent action must have occurred within the previous 10 years.
Frequently Asked Questions
What happens if I miss the 30-month deadline to file a medical malpractice lawsuit in New York?
If you file a medical malpractice lawsuit after the 30-month statute of limitations has expired, the court will dismiss your case and you will lose your right to pursue compensation. However, certain exceptions may extend your deadline. If you were receiving continuous treatment for the same condition from the same provider, the clock may not start until that treatment ends. Additionally, if you were mentally disabled during part of the statutory period, the deadline may be tolled. Given the strict enforcement of these deadlines, consulting with an attorney promptly after suspecting medical malpractice is essential.
How do I prove a medical malpractice case in New York courts?
To succeed in a New York medical malpractice case, you must establish four elements: (1) a doctor-patient relationship existed creating a duty of care; (2) the healthcare provider deviated from the accepted standard of care; (3) this deviation directly caused your injury; and (4) you suffered measurable damages. New York law requires expert medical testimony to prove that the provider’s conduct fell below professional standards and that this breach caused your harm. Your attorney will typically work with qualified physicians who can review your medical records and testify about what went wrong.
Does New York limit how much I can recover in a medical malpractice lawsuit?
New York does not impose caps on compensatory damages in medical malpractice cases. This means there is no legislative limit on what you can recover for medical expenses, lost wages, future care needs, pain and suffering, or other losses. This differs from many other states that limit noneconomic damages. Juries in New York can award whatever amount they determine is appropriate based on the evidence presented, which has resulted in some substantial verdicts in cases involving catastrophic injuries.
What is the certificate of merit requirement and how does it affect my case?
Before your medical malpractice lawsuit can proceed in New York, your attorney must file a certificate of merit confirming that they consulted with a licensed physician who reviewed your case and believes there is a reasonable basis for the lawsuit. This requirement is designed to prevent frivolous claims from clogging the courts. If your attorney cannot obtain the required consultation before the filing deadline, they may file a certificate stating they made three good faith attempts, and then have 90 days to obtain the proper consultation. Failure to comply with this requirement can result in dismissal of your case.
Can I sue a New York City public hospital for medical malpractice?
You can sue a hospital owned by a New York state agency for negligent treatment, but different procedures apply. You must file a lawsuit or a notice of claim against the state government within 90 days of the date of the injury. After filing the notice, you have 15 months to follow through with filing the actual medical malpractice lawsuit. For hospitals operated by the federal government (such as veterans’ hospitals), you must follow the Federal Tort Claims Act procedures, which require notifying the federal agency in writing of your intent to file within two years of the malpractice or discovery of its effects.