Best Medical Malpractice Lawyers in NYC: Who to Call After a Medical Error

If you or a family member has suffered harm due to a doctor's negligence, a surgical error, or a missed diagnosis, finding the right legal representation in New York City can make all the difference. This guide breaks down what to look for in an NYC medical malpractice attorney and highlights the firms that have earned their standing through trial results, not the amount of advertising they pay for.

What Counts as Medical Malpractice in New York

Medical malpractice occurs when a licensed healthcare provider, such as a physician, surgeon, or nurse, or a hospital or medical establishment, fails to meet the accepted standard of care and that failure causes measurable harm to a patient.

The most common types of claims in New York include:

• Misdiagnosis or delayed diagnosis: Failing to identify a condition in time for effective treatment.
• Surgical errors: Operating on the wrong site, leaving instruments inside the body, or anesthesia mistakes.
• Birth injuries: Preventable harm to an infant or mother during labor and delivery.
• Medication errors: Wrong prescriptions, incorrect dosages, or dangerous drug interactions.
• Failure to treat: Discharging a patient prematurely or ignoring abnormal test results.

Not every adverse medical outcome constitutes malpractice. To have a viable claim, you must demonstrate that the provider deviated from the standard of care a reasonably competent practitioner would have followed, and that this deviation directly caused your injury.

How Long Do You Have to File a Claim

Time is one of the most critical factors in any medical malpractice case. Under New York Civil Practice Law and Rules § 214-a, most medical malpractice claims must be filed within two years and six months (2.5 years) of the negligent act or the last treatment in a continuous course of care for the same condition.

There are several important exceptions worth knowing:

• Foreign object exception: If a surgical instrument or sponge was left in your body, you have one year from the date of discovery to file.
• Lavern's Law: For cancer misdiagnosis cases, instead of starting at the time of the error, the 2.5-year SOL limit now starts when the patient discovers (or should have discovered) the misdiagnosis, but within a maximum 7-year cap.
• Minor victims: The 2.5-year statute of limitations is tolled and does not begin to run until the child turns 18, but a 10-year cap from the date of the incident applies.
• Wrongful death: The estate generally has two years from the date of death to file a wrongful death claim.

Missing this deadline almost always means losing the right to seek compensation, regardless of how strong the evidence is. If you suspect malpractice, consult an attorney immediately, because the statute of limitations clock starts earlier than most people expect.

What to Look for in a NYC Medical Malpractice Attorney

Medical malpractice litigation is among the most demanding areas of law. It requires expert medical witnesses, deep knowledge of hospital protocols and clinical standards, and the financial resources to sustain a complex case through years of litigation.

When evaluating attorneys, focus on:

• Trial experience. Many firms settle quickly and for an amount that doesn’t come close to being fair because they lack the resources, experience, and knowledge, or the willingness to go to court. Insurance companies know which attorneys will actually try a case. Those with a documented record of successful trials (especially in medical malpractice litigation) can negotiate from a position of genuine strength. And the insurance companies know which law firms usually win at trial and which settle quickly.
• Peer recognition. Designations like Super Lawyers and AV Preeminent® ratings by Martindale-Hubbell reflect evaluations by other attorneys, not by marketing teams. If opposing counsel respects a lawyer's skill, that is a meaningful indicator.
• Case selectivity. Firms that limit their caseload invest more in each client. A firm handling hundreds of cases simultaneously often cannot give your matter the attention it deserves.
• Medical knowledge. The strongest malpractice attorneys speak the language of medicine. They can challenge expert witnesses, understand radiology reports, and explain complex clinical failures to a jury in terms that resonate.

Top Medical Malpractice Law Firms in New York City

1. Fellows Hymowitz Rice

Location: New York, NY (primary office: Rockland County; also serving NYC Boroughs)

Practice focus: Medical malpractice, birth injuries, surgical errors, catastrophic personal injury, wrongful death.

Fellows Hymowitz Rice stands out in the New York personal injury field for the depth and breadth of trial experience its attorneys bring to medical negligence cases. The firm's approach centers on thorough pre-litigation investigation and early collaboration with qualified medical experts, two factors that consistently separate strong claims from weak ones before they ever reach a courtroom.

• Robert L. Fellows has spent decades handling catastrophic injury matters with a reputation for results-driven advocacy. He has earned recognition as a New York Metropolitan Area Super Lawyer from 2013 through 2025 and holds both an AV Preeminent® rating from Martindale-Hubbell and a perfect 10/10 rating from AVVO.
• Steven R. Hymowitz focuses on medical malpractice and construction accident cases with meticulous preparation and persuasive courtroom advocacy. He has been recognized as a NY/Metropolitan Area Super Lawyer from 2014 through 2025 and maintains a 10/10 AVVO rating.
• Matthew F. Rice brings a perspective that few medical malpractice attorneys can claim: years of experience defending large insurance companies and construction firms before switching to plaintiff-side representation. That background gives him direct insight into the defense tactics insurers use to minimize claims, and the ability to anticipate and counter them. He holds Super Lawyers recognition for 2023 through 2025, an AV Preeminent® rating, and a 10/10 AVVO score.

The firm serves clients across New York City's boroughs, Rockland County, Westchester County, Nassau County, Suffolk County, and surrounding counties. Free consultations are available, and the firm operates on a contingency basis, so there’s no fee unless you win.

2. Block O'Toole & Murphy LLP

Location: New York, NY

Practice focus: Medical malpractice, catastrophic injury, wrongful death.

Block O'Toole & Murphy has built a reputation for securing some of New York's largest personal injury verdicts, including multi-million-dollar results in medical malpractice cases involving permanent disabilities and fatal outcomes. The firm limits its caseload to high-value cases, which allows its attorneys to devote substantial resources to investigation and expert preparation. Multiple partners hold AV Preeminent® ratings from Martindale-Hubbell, and the firm has been recognized in the Best Lawyers in America list across multiple practice areas.

3. Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf

Location: New York, NY

Practice focus: Medical malpractice, construction accidents, product liability.

This longstanding New York firm has accumulated decades of trial experience in complex medical negligence matters. Its attorneys have achieved numerous eight-figure verdicts in cases involving surgical errors, birth injuries, and delayed cancer diagnoses. The depth of the partnership (each senior attorney bringing independent trial experience) gives the firm the capacity to litigate against well-funded hospital defendants and insurance carriers. The firm is frequently retained as co-counsel by other attorneys in high-stakes cases, reflecting the respect it commands among peers.

4. Sackstein Sackstein & Lee, LLP

Location: Garden City, NY (serving all of New York)

Practice focus: Medical malpractice, birth injuries, surgical errors.

Sackstein Sackstein & Lee focuses its practice almost entirely on medical negligence, which means its attorneys have developed particularly deep knowledge in the clinical and procedural details that determine outcomes in these cases. The firm has achieved significant verdicts in birth injury cases, representing families whose children suffered preventable injuries during labor and delivery. Multiple attorneys at the firm qualify for the Million Dollar Advocates Forum based on trial results, and the firm is recognized in the Super Lawyers program in the medical malpractice category.

5. The Perecman Firm, P.L.L.C.

Location: New York, NY

Practice focus: Construction accidents, premises liability, medical malpractice.

Founded by David Perecman and operating for more than four decades, this firm has built a selective practice centered on serious injuries with clear liability. Though construction accident cases represent a significant portion of its work, the firm's attorneys bring the same depth of preparation to medical negligence matters, particularly cases involving significant injuries and clear deviations from the standard of care. Consistent Super Lawyers recognition and a history of seven-figure settlements reflect the firm's sustained track record.

What Your Case May Be Worth

Medical malpractice cases in New York vary considerably in value depending on the severity of harm, the clarity of the negligence, and the long-term impact on the victim's life and earning capacity. Most settlements or judgments in New York fall between $446,000 to $460,000. Catastrophic injury, permanent disability, or wrongful death cases frequently result in multi-million dollar awards, with some settlements ranging from as little as $150,000 to over $35 million.

New York has no statutory cap on medical malpractice damages, which means there is no artificial ceiling on what an injured patient or their family can recover. This distinguishes New York from states like California, where damage caps often limit non-economic compensation.

Economic damages typically cover medical expenses, lost income, and future care costs. Non-economic damages address pain, suffering, and loss of quality of life. In cases involving particularly egregious conduct, punitive damages are sometimes available.

How to Prepare Before Calling an Attorney

Before your first consultation, gather as much documentation as possible. This helps your attorney evaluate the merits of your claim quickly and accurately.

Useful materials include: medical records and discharge summaries, prescription histories, imaging reports (X-rays, MRIs), correspondence with your healthcare provider, a personal timeline of events and symptoms, and any records of follow-up treatment.

You don't need the complete picture of the negligence or how it has affected you to have a conversation. The experienced attorneys at firms like Fellows Hymowitz Rice will help you identify what is relevant. But the more detail you can provide, the more productive your initial consultation will be.

Why Fellows Hymowitz Rice Is Worth a Call for Your NYC Medical Malpractice Case

When a healthcare provider's negligence has changed your life, the attorneys you choose need to combine genuine trial readiness with the medical knowledge to prove exactly what went wrong. Fellows Hymowitz Rice brings both. With a team recognized annually by Super Lawyers, Martindale-Hubbell, and AVVO, and decades of combined experience taking complex injury cases through litigation, the firm has the credentials and the commitment to advocate effectively on your behalf.

If you believe you or a loved one has been harmed by medical negligence, contact Fellows Hymowitz Rice today for a free consultation. There is no fee unless your case is won.