Bronx Medical Malpractice Lawyers

When you or a loved one suffers harm due to a healthcare provider’s negligence, the consequences can be devastating—physically, emotionally, and financially. In the Bronx, medical malpractice is not just a legal term; it’s a life-altering reality for far too many families. If you believe you’ve been a victim of medical negligence, you need more than just legal representation—you need advocates who understand the complexities of New York medical malpractice law and who will fight relentlessly for the justice and compensation you deserve.

At Gencarelli & Rimassa Law Firm, our Medical Malpractice Lawyers in Bronx NY have dedicated their careers to holding negligent doctors, hospitals, and healthcare providers accountable. We know how overwhelming it can be to navigate the legal system while recovering from an injury or grieving a loss. That’s why we handle every case with the utmost care, compassion, and expertise—so you can focus on healing while we focus on securing the justice you’re entitled to.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare professional—such as a doctor, nurse, surgeon, or hospital—fails to provide the standard of care that a reasonably competent professional would under similar circumstances, resulting in harm to the patient. This failure can take many forms, from misdiagnosis and surgical errors to medication mistakes and birth injuries. In New York, medical malpractice is not just about a bad outcome; it’s about proving that the provider’s negligence directly caused your injury or worsened your condition.

To establish a valid medical malpractice claim, four key elements must be proven:

• Duty of Care: The healthcare provider owed you a duty to provide competent medical treatment.
• Breach of Duty: The provider failed to meet the accepted standard of care.
• Causation: The breach of duty directly caused your injury or harm.
• Damages: You suffered measurable harm as a result, such as medical expenses, lost wages, pain and suffering, or wrongful death.

Proving these elements requires a deep understanding of both medical and legal principles. That’s why working with experienced Bronx medical malpractice attorneys is essential to building a strong case.

Common Types of Medical Malpractice Cases in the Bronx

Medical negligence can occur in any healthcare setting, from emergency rooms and surgical suites to nursing homes and private clinics. Some of the most common types of medical malpractice cases we handle include:

Misdiagnosis or Delayed Diagnosis

When a doctor fails to correctly diagnose a condition—or delays diagnosis—patients may miss critical treatment opportunities, leading to worsening illness or even death. Commonly misdiagnosed conditions include:

• Cancer (e.g., breast, lung, colon, or prostate cancer)
• Heart attacks and strokes
• Infections (e.g., sepsis, meningitis)
• Autoimmune disorders (e.g., lupus, multiple sclerosis)

A misdiagnosis can have catastrophic consequences, especially if the correct condition requires timely intervention. If you or a loved one suffered harm due to a missed or delayed diagnosis, our medical negligence lawyers in Bronx NY can help determine whether malpractice occurred.

Surgical Errors

Surgery is inherently risky, but when errors occur due to negligence, the results can be devastating. Surgical malpractice may include:

• Operating on the wrong body part or patient
• Leaving surgical instruments or sponges inside the patient
• Damaging nerves, organs, or blood vessels during surgery
• Performing unnecessary surgery
• Failing to monitor the patient properly during or after surgery

These mistakes can lead to severe complications, additional surgeries, permanent disability, or even death. If you’ve been harmed by a surgical error, our Bronx medical malpractice lawyers will investigate whether the surgeon or hospital failed to meet the standard of care.

Birth Injuries

Childbirth should be a joyous occasion, but when medical negligence occurs, it can result in lifelong injuries to the mother or baby. Birth injuries may include:

• Cerebral palsy due to oxygen deprivation
• Erb’s palsy or brachial plexus injuries from improper delivery techniques
• Fractures or nerve damage from excessive force
• Maternal injuries, such as hemorrhage or infection, due to negligent prenatal or delivery care

Birth injuries often require extensive medical care, therapy, and lifelong support. If your child suffered a preventable birth injury, our medical malpractice attorneys in Bronx NY can help you pursue compensation for their future needs.

Medication Errors

Prescription and medication errors are alarmingly common and can have deadly consequences. These errors may include:

• Prescribing the wrong medication or dosage
• Administering the wrong drug to a patient
• Failing to check for dangerous drug interactions
• Pharmacy errors, such as mislabeling or dispensing the wrong medication

Medication mistakes can lead to organ damage, allergic reactions, overdose, or even death. If you or a loved one was harmed by a medication error, our hospital liability lawyers in Bronx NY can help determine who is responsible.

Anesthesia Errors

Anesthesia is a critical component of many medical procedures, but when administered improperly, it can cause severe harm. Anesthesia malpractice may include:

• Administering too much or too little anesthesia
• Failing to monitor the patient’s vital signs during surgery
• Intubating incorrectly, leading to brain damage or death
• Failing to review the patient’s medical history for allergies or complications

Anesthesia errors can result in brain damage, coma, or wrongful death. If you or a loved one suffered harm due to anesthesia negligence, our Bronx medical malpractice lawyers will fight for the compensation you deserve.

Failure to Obtain Informed Consent

Before undergoing any medical procedure, patients have the right to be fully informed of the risks, benefits, and alternatives. If a doctor performs a procedure without obtaining proper informed consent—and the patient suffers harm as a result—they may be liable for malpractice. This is especially true if the patient would not have agreed to the procedure had they been properly informed.

Hospital and Nursing Home Negligence

Hospitals and nursing homes have a duty to provide a safe environment for patients. When they fail to do so, the consequences can be severe. Examples of hospital and nursing home negligence include:

• Failing to properly train or supervise staff
• Understaffing, leading to neglect or delayed care
• Failing to maintain clean and safe facilities
• Ignoring patient complaints or signs of deterioration

If you or a loved one suffered harm due to hospital or nursing home negligence, our medical negligence attorneys in Bronx NY can help hold the facility accountable.

How Is Liability Proven in a Medical Malpractice Claim?

Proving liability in a medical malpractice case is complex and requires a thorough investigation, expert testimony, and a deep understanding of both medicine and the law. Here’s how our Bronx medical malpractice lawyers build a strong case on your behalf:

1. Reviewing Medical Records

Medical records are the foundation of any malpractice claim. Our team will obtain and carefully review all relevant records, including:

• Doctor’s notes and treatment plans
• Surgical reports and anesthesia records
• Lab results and imaging studies
• Hospital admission and discharge records
• Medication administration records

We look for inconsistencies, omissions, or deviations from the standard of care that may indicate negligence.

2. Consulting Medical Experts

In New York, medical malpractice cases require testimony from a qualified medical expert who can explain how the healthcare provider’s actions (or inactions) fell below the standard of care. Our firm works with respected physicians and specialists in various fields to:

• Review your medical records
• Identify deviations from accepted medical practices
• Provide expert opinions on causation and damages

These experts are essential in proving that the provider’s negligence directly caused your injury.

3. Establishing the Standard of Care

The “standard of care” refers to the level of care that a reasonably competent healthcare provider would have provided under similar circumstances. To prove malpractice, we must show that the provider failed to meet this standard. This often involves:

• Comparing the provider’s actions to medical guidelines and protocols
• Reviewing peer-reviewed studies and clinical practices
• Consulting with experts in the same specialty

4. Proving Causation

Even if a provider was negligent, we must prove that their negligence directly caused your injury. This can be challenging, especially if the patient had pre-existing conditions. Our team works with medical experts to establish a clear link between the provider’s actions and your harm.

5. Calculating Damages

Finally, we must demonstrate the full extent of your damages, including:

• Medical expenses (past and future)
• Lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress
• Loss of consortium (for spouses)
• Wrongful death damages (if applicable)

Our medical malpractice lawyers in Bronx NY will ensure that all your damages are thoroughly documented and presented to maximize your compensation.

Understanding the Statute of Limitations in New York

In New York, the statute of limitations for medical malpractice cases is generally 2 years and 6 months from the date of the negligent act or omission. However, there are important exceptions and nuances to be aware of:

Discovery Rule

If the injury was not immediately discoverable, the statute of limitations may be extended. For example, if a surgical instrument was left inside a patient but not discovered until years later, the clock may start from the date of discovery rather than the date of surgery. However, New York law imposes a strict absolute deadline of 10 years from the date of the negligent act, regardless of when the injury was discovered.

Cases Involving Minors

If the victim of medical malpractice is a minor (under 18), the statute of limitations is tolled (paused) until their 18th birthday. This means they have until their 20th or 21st birthday to file a claim, depending on the circumstances.

Wrongful Death Claims

If medical malpractice results in death, the family has 2 years from the date of death to file a wrongful death claim, regardless of when the negligence occurred.

It’s critical to act quickly if you suspect medical malpractice. Evidence can disappear, memories can fade, and witnesses may become unavailable over time. The sooner you contact our Bronx medical malpractice attorneys, the stronger your case will be.

Why Hiring an Experienced Medical Malpractice Lawyer Matters

Medical malpractice cases are among the most complex and challenging personal injury claims. Hospitals and doctors have powerful insurance companies and legal teams working to minimize their liability. Without an experienced medical negligence lawyer in Bronx NY on your side, you risk:

• Being lowballed by insurance companies: Insurers often offer quick, low settlements to avoid paying what your case is truly worth. We know their tactics and won’t let them take advantage of you.
• Missing critical deadlines: New York’s statute of limitations is strict. If you miss the deadline, you lose your right to compensation forever.
• Failing to gather essential evidence: Medical malpractice cases require expert testimony, thorough record reviews, and meticulous documentation. Without legal expertise, you may overlook key evidence.
• Going up against powerful defendants alone: Hospitals and doctors have teams of lawyers protecting their interests. You need a legal team with the resources and experience to level the playing field.

At Gencarelli & Rimassa Law Firm, our Bronx medical malpractice lawyers have the knowledge, resources, and determination to take on even the most complex cases. We handle every aspect of your claim, from investigating the negligence to negotiating with insurers and, if necessary, taking your case to trial. Our goal is to secure the maximum compensation for your injuries so you can move forward with your life.

What Is Your Medical Malpractice Case Worth?

Every medical malpractice case is unique, and the value of your claim depends on several factors, including the severity of your injuries, the impact on your life, and the strength of the evidence. In New York, victims of medical malpractice may be entitled to the following types of damages:

Economic Damages

These are the tangible, out-of-pocket expenses resulting from the malpractice, including:

• Past and future medical bills (hospital stays, surgeries, rehabilitation, therapy, medications, etc.)
• Lost wages and diminished earning capacity
• Costs of home modifications or assistive devices (e.g., wheelchairs, prosthetics)
• Funeral and burial expenses (in wrongful death cases)

Non-Economic Damages

These damages compensate for the intangible losses you’ve suffered, such as:

• Pain and suffering
• Emotional distress and mental anguish
• Loss of enjoyment of life
• Loss of consortium (for spouses, including loss of companionship and intimacy)
• Disfigurement or permanent disability

Punitive Damages

In rare cases where the healthcare provider’s conduct was particularly egregious or reckless, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future. These damages are not available in all cases but may be pursued in instances of gross negligence or intentional harm.

Wrongful Death Damages

If medical malpractice results in death, the surviving family members may pursue a wrongful death claim. Damages in these cases may include:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship, guidance, and emotional support
• Pain and suffering endured by the deceased before death

Calculating the full value of your claim requires a detailed analysis of your injuries, future needs, and the impact on your life. Our medical malpractice lawyers in Bronx NY work with economists, life-care planners, and medical experts to ensure that all your damages are accounted for and that you receive the compensation you deserve.

Why Choose Gencarelli & Rimassa Law Firm?

When you’re facing the aftermath of medical negligence, you need a law firm that combines legal expertise with genuine compassion. At Gencarelli & Rimassa Law Firm, we understand the physical, emotional, and financial toll that medical malpractice can take on you and your family. That’s why we’re committed to providing personalized, aggressive representation to every client we serve.

Decades of Experience in Medical Malpractice Law

Our Bronx medical malpractice attorneys have decades of combined experience handling complex medical negligence cases. We’ve successfully represented clients in a wide range of malpractice claims, from surgical errors and misdiagnoses to birth injuries and hospital negligence. Our deep understanding of New York medical malpractice law allows us to navigate even the most challenging cases with confidence.

Proven Track Record of Results

While every case is unique, our firm has a history of securing substantial settlements and verdicts for our clients. We don’t back down from tough cases, and we’re not afraid to take on powerful hospitals, insurance companies, or medical professionals. Our goal is to hold negligent providers accountable and secure the compensation you need to rebuild your life.

Personalized Attention and Compassionate Representation

We know that no two medical malpractice cases are alike, and neither are our clients. That’s why we take the time to listen to your story, understand your needs, and tailor our approach to your unique situation. You’ll never be just another case number at Gencarelli & Rimassa—you’ll be a valued client with a dedicated legal team fighting for you every step of the way.

No Fee Unless We Win

We believe that everyone deserves access to high-quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis, meaning you pay nothing upfront. We only get paid if we secure compensation for you. This arrangement allows you to focus on your recovery while we handle the legal heavy lifting.

Aggressive Advocacy, Inside and Outside the Courtroom

While many medical malpractice cases settle out of court, we’re always prepared to take your case to trial if necessary. Our Bronx medical malpractice lawyers are skilled negotiators and tenacious litigators, and we won’t hesitate to fight for your rights in front of a judge and jury if that’s what it takes to get you the justice you deserve.

Take the First Step Toward Justice Today

If you or a loved one has been harmed by medical negligence, you don’t have to face this challenge alone. The Medical Malpractice Lawyers in Bronx NY at Gencarelli & Rimassa Law Firm are here to help. We’ll review your case, explain your legal options, and fight tirelessly to secure the compensation you need to move forward.

Time is of the essence in medical malpractice cases. The sooner you reach out, the sooner we can begin building your case and protecting your rights. Don’t wait—contact us today for a free, no-obligation consultation. Call us now at (201) 549-8737 to speak with one of our experienced attorneys. Your path to justice starts here.