Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care and a patient is harmed as a result. It is not the same as a bad outcome — medicine carries risk even when everything is done right. Malpractice is about preventable errors: the missed diagnosis, the surgical mistake, the medication error, the warning sign that went ignored.
These are among the most complex and heavily defended cases in all of personal injury law. Hospitals and physicians carry substantial insurance and are represented by experienced defense firms. Proving malpractice almost always requires qualified medical experts to establish both what the standard of care required and how the provider departed from it.
For more than 30 years, Adam L. Shapiro & Associates has helped injured New Yorkers hold providers accountable. Our founding attorney spent years on the defense side of civil litigation — experience that is invaluable when the opponent is a hospital's insurer and a team of defense lawyers.
Surgical errors
Wrong-site surgery, retained instruments, and avoidable complications.
Misdiagnosis & delay
Missed or delayed diagnosis of cancer, heart attack, and stroke.
Medication errors
Wrong drug, wrong dose, and dangerous drug interactions.
Birth injuries
Preventable harm to mother or baby during pregnancy and delivery.
ER malpractice
Emergency-room mistakes and failures to treat.
Hospital negligence
Understaffing, infections, and systemic failures of care.
New York generally requires a medical malpractice lawsuit to be filed within two years and six months of the malpractice (CPLR § 214-a). There are important exceptions — including a continuous-treatment rule, special timelines for a retained foreign object, and "Lavern's Law," which can extend the deadline in certain cancer-misdiagnosis cases from the date the error is discovered.
New York law also requires that a malpractice complaint be accompanied by a certificate of merit — an attorney's affirmation that a qualified medical expert has reviewed the case and believes it has merit. This is one reason a thorough, expert-supported investigation matters so much before a case is filed.
2.5-year deadline
Most claims must be filed within two years and six months, but exceptions can shorten or extend that window. Have your case reviewed early.
Experts are required
Malpractice cases require qualified medical experts to prove the standard of care was breached. We build cases on a solid expert foundation.
Lavern's Law
For some missed-cancer diagnoses, the deadline may run from when the error was discovered rather than when it occurred.
Medical expenses
Corrective treatment, additional surgery, and ongoing care caused by the error.
Lost income & earning capacity
Wages lost and the long-term impact on your ability to work.
Pain and suffering
Physical pain, emotional harm, and diminished quality of life.
Long-term & lifetime care
For catastrophic injuries, including birth injuries requiring lifelong care.
Wrongful death damages
When malpractice is fatal, compensation for surviving family members.
Get your records and a second opinion
Request your complete medical records and seek independent care to protect your health.
Write down the timeline
Note dates, providers, symptoms, and what you were and were not told, while it is fresh.
Call us before the deadline runs
Malpractice deadlines are strict and cases take time to build. Early review is essential.
Free case review
We listen to what happened and assess whether the case merits expert review — at no cost.
Expert medical review
We work with qualified medical experts to evaluate the standard of care and causation.
Certificate of merit & filing
With expert support, we file the case correctly and within the deadline.
Negotiation or trial
We pursue full compensation and try the case when the hospital's offer is not fair.
Is a bad outcome the same as malpractice?
No. Medicine carries risk even when done correctly. Malpractice means a provider failed to meet the accepted standard of care and that failure caused harm. Expert review is how we tell the difference.
How long do I have to file in New York?
Generally two years and six months from the malpractice, with exceptions for continuous treatment, retained objects, and certain cancer-misdiagnosis cases under Lavern's Law. Call early — these cases take time to build.
Why do malpractice cases need medical experts?
New York requires a certificate of merit confirming a qualified expert reviewed the case. Experts establish what the standard of care required and how the provider departed from it.
What does it cost to hire the firm?
Nothing up front. We work on contingency — no fee unless we win your case.