How Does Sullivan & Galleshaw, LLP Help Patients With Medical Negligence Claims?
Sullivan & Galleshaw, LLP helps patients by collecting their medical records, having physicians review the care, and building a claim that holds up in court. We handle the records, the deadlines, and the negotiations while you handle your recovery and your family.
Our lawyers work as lawyers for medical negligence victims across the five boroughs, and we know how hospital defense teams approach these files. Our early work on a new case usually includes these steps:
- Requesting every chart, imaging file, lab result, and nursing note tied to your treatment.
- Building a timeline that shows who treated you, what they ordered, and when.
- Consulting physicians in the correct specialty about where the care fell short.
- Identifying every responsible party, including hospitals and physician practice groups.
- Tracking filing deadlines, including the short notice rules for public hospitals.
Medical records rarely say “mistake” in plain words. The gaps, the late entries, and the orders nobody carried out tend to tell the real story.
What Counts as Medical Negligence in New York?
Medical negligence in New York means a health care provider departed from accepted medical practice, and that departure caused your injury. A poor outcome alone does not prove negligence, since medicine carries risks even when doctors do everything right.
Your claim needs both pieces: a departure from the standard of care and a direct link to your harm.
Common Medical Negligence Cases We Handle
Our firm reviews cases involving hospitals, private practices, urgent care centers, and outpatient surgery centers. The claims we see most often fall into a few groups:
- Missed or delayed diagnosis of cancer, stroke, heart attack, or infection.
- Surgical errors, including wrong-site procedures and instruments left inside the body.
- Birth injuries caused by delayed delivery or poor fetal monitoring.
- Medication errors involving the wrong drug, dose, or dangerous combination.
- Anesthesia mistakes and failures to monitor a patient after surgery.
Each of these case types turns on a different kind of medical proof. A delayed cancer diagnosis case depends on timing, while a surgical case often depends on what the operative report fails to mention.
How a Medical Negligence Attorney Proves the Standard of Care
The standard of care means the level of skill and attention a reasonably careful provider in the same field uses in similar circumstances. A physician in your treating specialty usually defines that standard for a jury. We look for that opinion before we file anything.
How Do You Prove a Medical Negligence Claim?
You prove a medical negligence claim with medical records, testimony from qualified physicians, and evidence that the error caused a specific injury.
New York adds a step at the start of every case. Under CPLR § 3012-a, your attorney must file a certificate of merit confirming a physician found a reasonable basis for the case.
Evidence That Strengthens a Claim
Strong cases rest on documents created before anyone thought about a lawsuit. When we evaluate a potential claim, we look for proof like this:
- Nursing notes and blood pressure charts showing symptoms that went unaddressed.
- Imaging and lab results with findings that nobody acted on.
- Medication administration records showing wrong doses or missed doses.
- Discharge paperwork that conflicts with your actual condition at discharge.
Physician Testimony at Trial
Physician testimony connects the error to your injury in terms a jury understands. Defense lawyers bring their own physicians to argue that the care met the standard. We prepare every case with that fight in mind from day one.
How Long Do You Have to File a Medical Negligence Lawsuit in New York?
You have two and a half years to file a medical negligence lawsuit in New York under CPLR § 214-a. The clock starts on the date of the error or on the last day of continuous treatment for the same condition. Several exceptions shorten or extend that window.
| Situation | Filing Deadline | Source |
|---|---|---|
| Standard medical negligence claim | 2.5 years from the error or end of continuous treatment | CPLR § 214-a |
| Foreign object left in the body | 1 year from the discovery of the object | CPLR § 214-a |
| Failure to diagnose cancer or a malignant tumor | 2.5 years from when you knew or had reason to know, capped at 7 years from the error | CPLR § 214-a (Lavern’s Law) |
| Treatment at a public hospital, such as NYC Health + Hospitals | Notice of claim within 90 days, lawsuit within 1 year and 90 days | General Municipal Law § 50-e |
| Patient who was a minor at the time | Time pauses during childhood, capped at 10 years for medical claims | CPLR § 208 |
| The patient died from the error | 2 years from the date of death | EPTL § 5-4.1 |
Who Is Responsible for Medical Negligence in New York?
Any provider whose care fell below the standard and contributed to your injury may share responsibility. Hospitals often carry liability for the doctors, nurses, and staff they employ. A medical liability lawyer looks at the whole treatment chain before naming defendants.
Responsibility in a single case often spreads across several parties.
Depending on the facts, a claim may name:
- The treating physician, surgeon, or consulting doctor.
- Nurses, physician assistants, and nurse practitioners.
- The hospital or health system that employed the staff.
- Radiology groups or laboratories that misread results.
- Pharmacies that filled a dangerous prescription.
Naming the right parties early protects your recovery. A defendant left out of the original lawsuit may become impossible to add once the deadline passes.
Medical Malpractice Cases in Queens, Brooklyn, and Manhattan
We handle medical malpractice cases in Queens, medical malpractice cases in Brooklyn, and claims arising from Manhattan hospitals.
Each borough has its own Supreme Court, and each hospital system has its own defense firms and habits. Our lawyers work in these courts regularly and prepare cases with those local realities in view.
What Compensation May Be Available in a Medical Negligence Case?
Patients harmed by medical negligence may be entitled to compensation for medical costs, lost income, and the physical and emotional toll of the injury. New York does not cap damages in medical negligence cases.
Under CPLR § 1411, any share of fault assigned to you reduces your award without barring it.
| Damage Category | What It Covers |
|---|---|
| Past and future medical costs | Corrective surgery, rehabilitation, medication, and long-term care |
| Lost income and earning capacity | Wages missed during recovery and reduced future earnings |
| Pain and suffering | Physical pain and loss of enjoyment of daily life |
| Family losses | Loss of services and support claimed by a spouse |
What Are Your First Steps After Suspected Medical Negligence in New York?
Patients who suspect medical negligence in New York protect their claim by requesting their complete medical records and documenting how their health changed. Both steps preserve evidence before memories fade and hospitals archive files. Each one takes little time and makes a physician review far more useful.
Request Your Records Under New York Law
Public Health Law § 18 gives you the right to copies of your own medical records. Providers may charge no more than 75 cents per page for paper copies. They also may not deny your request because of an inability to pay.
Ask for the full chart rather than a summary. That includes nursing notes, imaging, lab results, and medication logs.
Keep a Written Health Timeline
Write down your symptoms, dates, appointments, and what each provider told you. Include the names of doctors and nurses when you know them. A timeline written now carries more weight than details recalled a year later.
Hold On to Physical Evidence
Keep pill bottles, medication packaging, discharge instructions, and billing statements. Photograph surgical sites, wounds, or visible injuries as they change over time. These items sometimes tell a different story than the chart does.
Ask Sullivan & Galleshaw, LLP
Q: How do I know if I have a medical malpractice case in New York?
A: You may have a medical malpractice case in New York if a provider’s care fell below accepted practice and caused a real injury. A physician review answers that question, and New York requires one before filing. Signs worth a review include a sudden decline after a procedure, a diagnosis that changed dramatically, or an explanation that did not add up.
Q: Is it difficult to win a medical malpractice case in New York?
A: Medical malpractice cases in New York take more work than most injury claims because hospitals defend them aggressively. For a lawyer for medical negligence claims, success depends on strong records, credible physician testimony, and clear proof of causation.
Cases built on a documented delay or a clear procedural error tend to hold up better than cases built on a disappointing result alone.
Q: What is the average medical malpractice settlement in New York?
A: No reliable average applies to your case. Medical malpractice settlements in New York vary with the injury, the patient’s age, lost earnings, and future care needs.
A permanent injury to a young worker carries different value than a temporary setback. Any medical negligence attorney quoting a number before reviewing your records is guessing.
FAQ for Medical Negligence Attorney
Is a lack of informed consent a type of medical negligence claim in New York?
Yes, a lack of informed consent is a separate claim under Public Health Law § 2805-d. The claim applies when a provider failed to explain reasonably foreseeable risks and a reasonable patient who knew those risks might have refused the procedure. We often pair it with a standard negligence claim.
Does filing a complaint with the New York State Department of Health affect a malpractice lawsuit?
No, a complaint with the New York State Department of Health does not replace or pause a malpractice lawsuit. The Office of Professional Medical Conduct (OPMC) reviews physician discipline, not compensation. You may file both, and the lawsuit deadline keeps running either way.
Do I have to stop seeing the doctor who made the mistake before I file a claim?
No, New York law does not require you to stop seeing the doctor before filing. Many patients choose a new provider for peace of mind and a fresh opinion. Continuing treatment with the same doctor for the same condition may also affect when your filing deadline begins.
Is a family member allowed to bring a medical negligence claim for a patient who died?
Yes, a family member may bring the claim once Surrogate’s Court appoints them personal representative of the patient’s estate. That representative files the wrongful death claim and any claim for the patient’s suffering before death. Recovery generally goes to the surviving spouse, children, or other close family.
Do most medical negligence cases in New York settle or go to trial?
Most medical negligence cases in New York settle, although some reach a verdict. Hospitals and insurers weigh the strength of the evidence and the risk of a jury. Preparing every case for trial usually produces the strongest settlement position.
Talk to a Medical Negligence Attorney Before the Hospital’s Version Becomes the Only Version
The hospital’s account of your care already exists in its records, written by the people whose decisions you are questioning. A medical negligence attorney gives you your own account, backed by independent physicians and the same documents.
Sullivan & Galleshaw, LLP reviews these cases for patients and families across Queens, Brooklyn, and Manhattan.
Call (718) 843-0300 today, and let us look at what happened during your treatment.
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