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Suing a Doctor or Hospital for Medical Malpractice in New York

If you or a loved one suffered injury due to the negligence of a hospital or doctor in New York you have a legal right to seek justice and compensation for the harm caused. You have a right to sue. And you need an experienced medical malpractice attorney in your corner that’s going to stand up for your rights. 

We’re De Caro & Kaplen, LLP, and our partners Shana De Caro and Michael V. Kaplen have been successfully suing negligent hospitals and doctors in New York for over 43 years. When we take on your medical malpractice case, we’ll go all the way, which means that when we file a lawsuit against an individual or institution, we’re fully prepared to go to court to make sure you receive the compensation to which you’re entitled.

Our lawsuits against doctors, hospitals, urgent care facilities, and out-patient surgical care centers in New York have resulted in multi-million-dollar verdicts and settlements for our clients.

When you sue a doctor or hospital, you need an attorney on your side that knows both the complexities of medical malpractice law, and the tactics used by hospitals and insurance companies to defend these lawsuits and claims. And when you choose De Caro & Kaplen, LLP to represent you, you’ll be represented by a firm that not only has the respect of the judicial system, but also of the hospitals, doctors, and other medical professionals in New York. 

  • Our partners Shana De Caro and Michael V. Kaplen were appointed to be members of the prestigious New York State Supreme Court medical malpractice review panel to review medical malpractice claims and lawsuits before they proceeded to trial
  • Our attorneys have been invited to lecture on issues of medical malpractice to attorneys throughout New York State and the US
  • Shana De Caro & Michael V. Kaplen have presented ground rounds to hospitals in New York on medical malpractice litigation and steps necessary to avoid being sued for medical malpractice
  • Michael V. Kaplen is Board Certified in Medical Malpractice by the National Board of Professional Liability Attorneys and is a member of their Board of Directors. He has taught courses on medical malpractice at St. John’s Law School.

When we file a lawsuit against a hospital in New York, when we sue a doctor or medical professional, we’ll be taken seriously. And we’ll fight tirelessly on your behalf to get you the justice and compensation you deserve.

Call us today at (212) 732-2262 for a free consultation, or fill in our contact form here.

Hospital and Doctor Malpractice Lawsuit Case Studies

To protect the privacy of our clients, we cannot provide patient identities. Many settlements require the name of the specific physician and hospital to remain confidential.  Here is a representative sample of our lawsuits against doctors and hospitals in New York:

Steps to Sue a Hospital, Doctor, or Medical Professional for Malpractice in New York

Step 1: Consult with a Medical Malpractice Attorney

The first crucial step is to seek legal advice from an experienced medical malpractice lawyer. With over 43 years of experience in suing medical providers, the New York medical malpractice attorneys at De Caro & Kaplen, LLP can evaluate your case, explain your rights, and guide you through the legal process.

Step 2: Gather Evidence

Working together our attorneys will assist in obtaining all relevant medical records, hospital records, radiology studies, pharmacy records and test results.  Initially, these records will be reviewed by our malpractice attorneys. We will obtain and review medical articles and texts to establish the standard of care.  

Step 3: Obtain Expert Opinions

Medical malpractice cases require evaluation by qualified medical experts to determine deviations from the standard of care.  These expert witnesses will assist our attorneys in the prosecution of your case, and provide necessary expert testimony to establish the malpractice if your case proceeds to trial. 

Step 4: File a Lawsuit

Once we have obtained and reviewed your records, and consulted with qualified experts, we will prepare a lawsuit against the responsible parties. This initiates the legal process and notifies the defendants of your claim.

Step 5: Proceed with Discovery

After a lawsuit is instituted, various steps take place including obtaining additional records and information from the individuals and institutions we have sued.  We have the opportunity to question the doctors and hospital personnel under oath about the care they provided, during a deposition. We will obtain and review hospital policies and procedures to determine if they were followed.  We will research the hospital and physician for past legal and disciplinary action against them. 

Step 6: Negotiate a Settlement

In many cases, the parties may reach a settlement before going to trial.  We may participate in a process with the insurance carriers and attorneys representing the doctor and hospital, known as mediation. We will discuss options with you and attempt to negotiate on your behalf to ensure you receive fair compensation.

Step 7: Go to Trial

If a settlement cannot be reached, your case will proceed to trial. We thoroughly prepare your case including all witnesses and documents, and present your case to a jury who will determine the outcome.

Considerations When Suing a Hospital, Doctor, or Medical Professional in New York

Can you sue a hospital in New York?

In short, yes, it is possible to sue a hospital in New York. A hospital can be sued if the actions, or negligence, of their employee(s) (doctor, nurse, resident, anaesthetist etc) can be proven to have caused you harm. A hospital can be sued if they did not follow a physician’s orders. A hospital can also be held liable if the condition/safety of the environment, or safety/improper maintenance of equipment contributed to your injuries.

A hospital cannot be held liable for the actions of a private practitioner who you retained.  This individual must be sued individually.

What constitutes medical malpractice?

Medical malpractice occurs when a doctor, hospital, or other healthcare professional or health care facility deviates from good and accepted practices, causing harm to the patient. Common examples include misdiagnosis, surgical errors, medication mistakes, and improper treatment. 

Is there a time limit for filing a medical malpractice lawsuit in New York?

The time limit (statute of limitation) for filing a medical malpractice lawsuit in New York is 2 years and 6 months from the date of malpractice, or from the end of continuous treatment rendered by the party or entity you intend to sue for a particular condition, illness or injury. In cases of malpractice causing death, the statute of limitations is 2 years measured from the date of death.  

Contact Us Today for a No Obligation Consultation

If you or a loved one has been a victim of medical malpractice, don’t wait to seek justice. Contact our skilled medical malpractice attorneys today to discuss your case and start the process of holding the responsible parties accountable. Your health and well-being are paramount, and you deserve compensation for your suffering.

Suing a doctor or hospital for medical malpractice can be a daunting process, but with the right legal team and support, you can achieve the justice and compensation you deserve. 
Remember, time is of the essence, so contact us today to protect your rights and secure your future.

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