Doctors and medical professionals are expected to provide safe, quality care — but mistakes happen far too often. In fact, medical errors are the third leading cause of death in the United States, leaving countless New Yorkers suffering from misdiagnosis, surgical mistakes, birth injuries, or preventable hospital complications.
If you or a loved one has been harmed by medical negligence, you deserve answers — and compensation. At Moshes Law Firm, our New York medical malpractice lawyers fight for patients across NYC, Brooklyn, Manhattan, and beyond. We help victims recover damages for medical bills, lost wages, pain and suffering, and hold negligent doctors, hospitals, and healthcare providers accountable.
If you have a personal injury case, set up a FREE consultation now.
Medical malpractice falls under New York’s negligence law. In simple terms, negligence happens when someone who owes a duty of care fails to act reasonably — and their actions cause harm. For example, if a store owner ignores a spill and a customer slips, that’s negligence. The same principle applies to doctors, surgeons, and hospitals in NYC and Brooklyn.
To bring a successful medical malpractice claim in New York, your attorney must prove four key elements:
In New York medical malpractice cases, proving these elements often requires expert testimony from other doctors. That’s why working with an experienced NYC medical malpractice lawyer is critical.
Medical malpractice law is one of the most complex and specialized areas of litigation. It requires an attorney with in-depth knowledge, experience, and dedication—not someone who handles malpractice cases occasionally. Choosing a lawyer who does not focus on medical malpractice can put your entire case at risk.
If you suspect you are a victim of medical negligence, you should contact a New York medical malpractice attorney as soon as possible. In New York, the statute of limitations for filing a medical malpractice claim is 30 months (2.5 years) from the date of the injury—significantly shorter than other negligence cases. Missing this deadline can completely bar your lawsuit. While limited exceptions exist, they are rare and should not be relied upon.
At Moshes Law, P.C., our experienced malpractice attorneys understand the strategies needed to hold negligent doctors, hospitals, and healthcare providers accountable. We provide expert guidance, personalized representation, and aggressive negotiation against powerful malpractice insurance companies.
We have helped countless clients recover damages for medical negligence—including compensation for medical bills, lost wages, and pain and suffering. If you believe you have a claim, don’t delay. Contact the Moshes Law Firm today for a free consultation and let us fight for the justice and compensation you deserve.
While you can technically file a medical malpractice lawsuit on your own (known as filing pro se), it’s rarely a good idea. Medical malpractice cases are highly complex, involving strict deadlines, detailed legal procedures, and medical knowledge.
Doctors are backed by powerful insurance companies and defense attorneys whose job is to deny or minimize claims. Without an experienced medical malpractice lawyer, your chances of success are significantly reduced. Having skilled legal representation ensures your case is taken seriously and gives you the best opportunity to recover fair compensation.
Hiring a skilled New York medical malpractice attorney offers major advantages. Your lawyer will manage the entire process—filing the lawsuit, handling motions, conducting discovery, and negotiating with the other side. Depending on your preference, you can stay minimally involved or receive regular updates.
For complex cases requiring depositions or expert testimony, your attorney will secure qualified medical experts to strengthen your claim. With a dedicated medical malpractice lawyer on your side, you can focus on recovery while knowing your case is in trusted hands.
At the Moshes Law Firm, P.C. we have handled a wide range of medical malpractice cases, from wrongful deaths to misdiagnoses. If you have experienced any of the following situations, we can help you get the compensation you deserve:
| Medical Injuries | Birth Defects | Hospital Infections | Misdiagnosis |
| Wrong Medicine | No Consent | Scars | Botched Cosmetic Surgeries |
| Privacy Breaches | Loss of Limbs | Failure to Diagnose | Delay in Treatment |
Compensation for medical malpractice claims is generally not as limited as other negligence claims. For example, a typical injury claim may be limited to out of pocket expenses, such as the costs of medical care for treating the injury. Compensation for medical malpractice cases, however, has the potential to cover more than just bills. This is because medical injuries are typically much worse than injuries resulting from everyday life. Medical injuries have the potential to last for an entire lifetime, oftentimes putting the patient through extreme pain and suffering or preventing them from providing for themselves ever again. The following types of damages are possible in medical malpractice cases.
Generally, these are the easiest damages to prove and receive in medical malpractrice settlements. Medical expenses are oftentimes easy to prove as the patient has paid them directly out of pocket. If the injury is a serious one, however, the patient may also be entitled to medical expenses for the entirety of their lives. This is understandably a harder calculation, because the insurance company will want to pay it all up front, not as the patient incurs the expenses. Because of this, the attorneys will generally use a formula to estimate the future amount of medical expenses that takes into consideration both the patient’s expected lifespan and the amount of continuing care.
Prior to suffering an injury, most working age adults are employed. If the injury resulting from the medical procedure prevents them from working for some period of time, because they need to recover or undergo additional medical care, the patient may be entitled to lost wages. Lost wages are typically fairly easy to calculate, as they constitute the amount the individual would have received had he or she been working.
Loss of earning capacity is more complex and is generally relevant only in catastrophic injury cases. Loss of earning capacity compensates the injured individual for the wages that they could have earned during their lifetime, had they not been injured. For example, if an individual suffered a catastrophic brain injury and prior to the injury he or she was a working professional, he or she may not be able to return to the same previous employment. Loss of earning capacity would compensate the individual for taking a lower-paying job due to the injury.
Pain and suffering is generally where we see parge payouts in medical malpractice and negligence cases. This is because pain and suffering is often difficult to measure precisely, if not impossible. Pain and suffering compensates the individuals for the physical discomfort resulting from the injury. It also has a mental aspect to it, meaning that the injured individual may receive compensation for mental pain and suffering such as anxiety, shock, fear, humiliation, and more.
Loss of consortium is compensation for the spouse of the injured individual. In a loss of consortium claim, the spouse brings a lawsuit seeking compensation for the duties that the injured spouse is no longer able to perform as he or she did prior to the injury. Damages can be awarded for loss of marital assistance, that is assisting the marital unit, loss of affection, loss of companionship, and, in some cases, loss of a sexual relationship.
In certain situations, the injured party may also be entitled to other damages. These can include punitive damages. Punitive damages are utilized as means to punish the wrongdoer. Accordingly, they are available only in the most egregious of malpractice cases, such as where the doctor recklessly breached the duty he or she owed to the patient. For example, punitive damages may be awarded against a doctor that performed a surgery when he or she was knowingly sleep deprived or otherwise impaired, such as being intoxicated.
There are many attorneys offering medical malpractice services in New York City, however, they are not all the same. At Moshes Law Firm, we constantly strive to be the best medical malpractice attorneys in NYC by focusing solely on the needs of our clients. If you have been injured in a medical accident, you deserve an attorney that will fight with you and alongside you – you deserve Moshes Law.
Generally, attorneys will handle medical malpractice cases on a contingency basis. This means that there will be no cost whatsoever to the injured individual, unless the lawsuit is successful. By New York law, the most you will pay a lawyer for medical malpractice services is limited to the following; however, many attorneys charge less depending on the situation.
When facing the consequences of a medical error, selecting the right attorney is crucial. At Moshes Law Firm, P.C., we are trusted New York medical malpractice attorneys dedicated to protecting your rights and securing the compensation you deserve.
Our experienced medical malpractice lawyers in NYC are not afraid to challenge powerful hospitals, doctors, or insurance companies. We know the strategies insurers use to minimize settlements and are committed to maximizing your recovery. With Moshes Law, your well-being and interests always come first.
Reputation matters to us. Many of our clients are referred from past satisfied clients, a testament to the care and dedication we provide. Unlike large law firms that handle cases in bulk, our New York medical malpractice attorneys focus on each client individually, giving every case the attention and expertise it deserves.
Our medical malpractice law firm in New York City has successfully represented numerous clients, achieving significant recoveries through settlements and trial verdicts. We have a proven record of getting clients the compensation they need for medical bills, lost wages, pain and suffering, and more.
At Moshes Law, we don’t treat clients like numbers. If we accept your case, we ensure it gets the full focus, passion, and legal expertise it requires. Medical malpractice injuries are serious and personal—you deserve a New York medical malpractice lawyer who understands your situation and fights for your future.
If you have suffered an injury as a result of a medical procedure or other negligent action by a medical professional, you need to protect your rights by contacting a medical malpractice lawyer in NYC. You may be entitled to significant compensation for your expenses, lost wages, pain and suffering, and more.
At the Moshes Law Firm, we know that medical complications are more than legal issues – this is your life. Our attorneys work to make the process as easy for you as possible. Our clients are as involved in their case as they want to be, weather that means daily or weekly updates about your case. If you have been injured, trust the experienced attorneys at Moshes Law, P.C. to fight for you.
Medical malpractice occurs when a doctor or medical professional provides care that falls below the reasonable standard of care accepted in the medical community. To prove malpractice, the professional must have acted unreasonably and caused harm to the patient.
In New York, the statute of limitations for medical malpractice claims is 30 months (2.5 years) from the date of injury. Certain cases, such as injuries discovered later (e.g., surgical instruments left inside the body), may extend this deadline.
Medical malpractice: Occurs when a doctor knowingly deviates from the accepted standard of care, causing harm. Medical negligence: Happens when a doctor unintentionally fails to meet the standard of care, leading to injury.
Yes. Since the limit is 2.5 years, you can still file a claim. It’s crucial to contact a New York medical malpractice attorney immediately to start preparing your case.
Payouts vary widely depending on injury severity. Catastrophic cases may result in millions of dollars, while less complex claims typically cover medical bills, lost wages, and related expenses.
You must demonstrate:
Duty of care owed by the medical professional
Breach of that duty
Direct causation of injury
Measurable damages (medical expenses, lost wages, pain and suffering)
A New York medical malpractice lawyer can gather evidence, expert testimony, and medical records to build a strong case.
Common cases include:
1. Misdiagnosis or delayed diagnosis
2. Surgical errors (wrong procedure, foreign
objects left behind)
3. Birth injuries and neonatal malpractice
4. Medication errors or improper prescriptions
5. Hospital-acquired infections
6. Failure to obtain informed consent
Most medical malpractice attorneys in New York City work on a contingency fee basis, meaning you pay nothing unless you win. Fees are typically a percentage of your settlement or judgement.
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