Brooklyn Medical Malpractice Lawyers

When you or someone you love suffers harm because of a healthcare provider’s mistake, the consequences can be devastating. Medical malpractice is not just a legal term—it’s a life-altering event that can leave families struggling with physical pain, emotional trauma, and financial hardship. In Brooklyn, NY, where world-class hospitals and medical professionals serve millions, medical negligence still occurs. If you believe you’ve been a victim of medical malpractice, you don’t have to face this alone. The right Medical Malpractice Lawyers in Brooklyn NY can help you seek justice and hold negligent providers accountable.

At Gencarelli & Rimassa Law Firm, we understand the profound impact medical errors can have on your life. Our team is dedicated to fighting for patients who have been wronged by those entrusted with their care. With deep experience in medical malpractice law, we guide clients through every step of the legal process with compassion, skill, and unwavering commitment. If you’re searching for justice after a medical mistake, we’re here to help.

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 have provided under similar circumstances, and that failure causes harm to the patient. It’s not enough for a treatment to go wrong; the law requires proof that the provider’s actions (or inactions) fell below accepted medical standards and directly resulted in injury.

In New York, medical malpractice claims are governed by strict legal principles. To succeed, a plaintiff must establish four key elements:

• Duty of Care: The healthcare provider owed a duty to the patient (e.g., through a doctor-patient relationship).
• Breach of Duty: The provider failed to meet the accepted standard of care.
• Causation: The breach directly caused the patient’s injury.
• Damages: The patient suffered actual harm (physical, emotional, or financial) as a result.

Proving these elements requires medical expertise, thorough investigation, and legal skill. That’s why working with experienced Medical Malpractice Lawyers in Brooklyn NY is essential to building a strong case.

Common Types of Medical Malpractice Cases

Medical malpractice can take many forms, and no two cases are exactly alike. However, some of the most frequent types of medical negligence we handle include:

Surgical Errors

Mistakes during surgery can have catastrophic consequences. Common surgical errors include:

• Operating on the wrong body part or patient
• Leaving surgical instruments or sponges inside the patient
• Damaging nerves, organs, or blood vessels during the procedure
• Failing to monitor the patient’s vital signs during surgery
• Administering incorrect anesthesia dosages

Misdiagnosis or Delayed Diagnosis

When a doctor fails to correctly diagnose a condition—or delays diagnosis—patients may miss critical treatment windows. This is especially dangerous in cases involving:

• Cancer (e.g., breast, lung, or colon cancer)
• Heart attacks or strokes
• Infections (e.g., sepsis, meningitis)
• Neurological disorders (e.g., multiple sclerosis, Parkinson’s disease)

Birth Injuries

Childbirth should be a joyous occasion, but medical negligence during labor and delivery can lead to lifelong disabilities for the child or serious complications for the mother. Common birth injuries include:

• Cerebral palsy caused by oxygen deprivation
• Erb’s palsy or brachial plexus injuries from improper delivery techniques
• Fractured bones or nerve damage during delivery
• Failure to perform a timely C-section when medically necessary
• Maternal injuries, such as excessive bleeding or preeclampsia complications

Medication Errors

Prescription and medication mistakes are alarmingly common and can lead to severe harm. Examples include:

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

Failure to Treat

Even when a condition is correctly diagnosed, a provider’s failure to recommend or administer appropriate treatment can be grounds for a malpractice claim. This may involve:

• Discharging a patient too soon from the hospital
• Ignoring abnormal test results
• Failing to refer a patient to a specialist when needed
• Not following up with a patient after a procedure or diagnosis

Hospital Liability

Hospitals can be held accountable for negligence in hiring, training, or supervising staff, as well as for systemic failures such as:

• Understaffing, leading to inadequate patient care
• Failure to maintain or sterilize medical equipment
• Inadequate policies for infection control
• Negligent credentialing of unqualified providers

If you or a loved one has suffered harm due to any of these issues, it’s crucial to consult with Medical Malpractice Lawyers in Brooklyn NY who can evaluate your case and determine the best path forward.

How Is Liability Proven in a Medical Malpractice Claim?

Proving liability in a medical malpractice case is complex and requires a combination of legal expertise, medical knowledge, and strategic evidence gathering. Here’s how the process typically works:

1. Reviewing Medical Records

The foundation of any malpractice claim is a thorough review of the patient’s medical records. These documents provide critical evidence of what happened, what should have happened, and where the provider deviated from the standard of care. Our team works with medical experts to analyze records for red flags, such as:

• Incomplete or missing documentation
• Inconsistencies in treatment notes
• Failure to order necessary tests or follow up on results
• Ignoring patient complaints or symptoms

2. Consulting Medical Experts

New York law requires that medical malpractice claims be supported by an affidavit from a qualified medical expert. This expert must review the case and attest that the provider’s actions fell below the accepted standard of care and caused the patient’s injuries. At Gencarelli & Rimassa, we have established relationships with respected medical professionals who can provide credible, compelling testimony on behalf of our clients.

3. Establishing the Standard of Care

The “standard of care” refers to the level of skill, knowledge, and care that a reasonably competent healthcare provider would have exercised under similar circumstances. This standard varies depending on the provider’s specialty, the patient’s condition, and other factors. Our attorneys work with experts to define what the standard of care should have been in your case and how the provider failed to meet it.

4. Proving Causation

Even if a provider breached the standard of care, the patient must prove that this breach directly caused their injuries. This often requires demonstrating that:

• The patient’s condition would not have worsened if proper care had been provided
• The injury was a foreseeable result of the provider’s negligence
• There were no intervening factors that contributed to the harm

5. Demonstrating Damages

Finally, the patient must show that they suffered actual harm as a result of the malpractice. This can include physical injuries, emotional distress, financial losses, and more. Our team works to document all damages thoroughly to ensure our clients receive the full compensation they deserve.

Navigating these legal and medical complexities is why having skilled Medical Malpractice Lawyers in Brooklyn NY on your side is so important. We know how to build a compelling case that holds negligent providers accountable.

Statute of Limitations for Medical Malpractice in New York

Time is of the essence in medical malpractice cases. New York has strict deadlines, known as statutes of limitations, for filing a claim. If you miss these deadlines, you may lose your right to seek compensation entirely. Here’s what you need to know:

General Rule: 2.5 Years

In most cases, you have 2 years and 6 months from the date of the malpractice—or from the end of continuous treatment by the same provider—to file a lawsuit. For example, if you underwent surgery on January 1, 2023, and the malpractice occurred during that surgery, you would generally have until July 1, 2025, to file your claim.

Exceptions to the Rule

There are important exceptions that can extend or shorten the deadline:

• Foreign Objects: If a surgical instrument or other foreign object was left inside your body, you have 1 year from the date of discovery (or when you should have discovered it) to file a claim, even if the 2.5-year period has passed.
• Continuous Treatment: If you were receiving ongoing treatment from the same provider for the same condition, the 2.5-year clock may not start until the treatment ends.
• Minors: If the victim is a child, the statute of limitations is tolled (paused) until their 18th birthday. However, no claim can be filed more than 10 years after the malpractice occurred.
• Wrongful Death: 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 malpractice occurred.

Given these complexities, it’s critical to consult with Medical Malpractice Lawyers in Brooklyn NY as soon as possible. Even if you’re unsure whether you have a case, an early consultation can help preserve your rights and ensure you don’t miss a critical deadline.

Why Hiring an Experienced Medical Malpractice Lawyer Matters

Medical malpractice cases are among the most challenging personal injury claims to pursue. They require a deep understanding of both the law and medicine, as well as the resources to take on powerful hospitals, insurance companies, and their legal teams. Here’s why hiring an experienced attorney is essential:

1. We Understand the Legal and Medical Complexities

Medical malpractice cases involve intricate legal standards and highly technical medical evidence. Our attorneys have the knowledge and experience to:

• Interpret complex medical records and identify signs of negligence
• Work with top medical experts to build a strong case
• Navigate New York’s unique malpractice laws and procedural rules
• Anticipate and counter defenses raised by the opposing side

2. We Level the Playing Field

Hospitals and insurance companies have vast resources and teams of lawyers dedicated to minimizing or denying claims. Without skilled legal representation, injured patients are at a significant disadvantage. We fight aggressively to protect your rights and ensure you’re treated fairly throughout the process.

3. We Handle Every Aspect of Your Case

Pursuing a medical malpractice claim is time-consuming and stressful, especially when you’re already dealing with the physical and emotional toll of an injury. Our team handles all aspects of your case, including:

• Investigating the facts and gathering evidence
• Consulting with medical experts
• Negotiating with insurance companies
• Filing legal documents and meeting deadlines
• Representing you in court, if necessary

This allows you to focus on your recovery while we focus on securing the compensation you deserve.

4. We Maximize Your Compensation

Medical malpractice can result in significant financial burdens, including medical bills, lost wages, and future care costs. An experienced attorney knows how to calculate the full extent of your damages and fight for a settlement or verdict that reflects your true losses. We don’t settle for less than you deserve.

5. We Provide Compassionate Support

We understand that medical malpractice is about more than just legal claims—it’s about real people whose lives have been upended by preventable harm. Our team is committed to providing compassionate, personalized support throughout your case. We listen to your story, answer your questions, and keep you informed every step of the way.

If you’ve been harmed by medical negligence, don’t try to navigate this process alone. The right Medical Malpractice Lawyers in Brooklyn NY can make all the difference in your case.

What Is a Medical Malpractice Case Worth?

One of the most common questions we hear from clients is, “What is my medical malpractice case worth?” The answer depends on the specific facts of your case, the severity of your injuries, and the impact on your life. While no attorney can guarantee a specific outcome, we can explain the types of damages available in a medical malpractice claim and how they’re calculated.

Types of Damages in a Medical Malpractice Case

Economic Damages

Economic damages are the tangible, out-of-pocket losses you’ve suffered as a result of the malpractice. These may include:

• Medical Expenses: Past and future costs of medical treatment, including hospital stays, surgeries, medications, rehabilitation, and assistive devices.
• Lost Wages: Income you’ve lost due to time off work, as well as future earning capacity if your injuries prevent you from returning to your job or working at the same level.
• Other Financial Losses: Costs such as home modifications, in-home care, or transportation to medical appointments.

Non-Economic Damages

Non-economic damages compensate for the intangible, subjective losses you’ve experienced. These may include:

• Pain and Suffering: Physical pain and emotional distress caused by the malpractice and your injuries.
• Loss of Enjoyment of Life: The impact of your injuries on your ability to participate in activities you once enjoyed.
• Loss of Consortium: The effect of your injuries on your relationship with your spouse or family members.
• Disfigurement or Scarring: Compensation for permanent physical changes resulting from the malpractice.

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 the deceased would have provided
• Loss of companionship, guidance, and emotional support
• Pain and suffering endured by the deceased before death

Factors That Influence Case Value

Several factors can affect the value of a medical malpractice case, including:

• Severity of the Injury: More severe injuries, such as permanent disabilities or chronic pain, typically result in higher compensation.
• Impact on Daily Life: Cases where the malpractice significantly disrupts the victim’s ability to work, care for themselves, or enjoy life tend to have higher values.
• Strength of the Evidence: Cases with clear proof of negligence and causation are more likely to result in substantial compensation.
• Insurance Policy Limits: The amount of insurance coverage available can influence the maximum recovery, though additional compensation may be pursued from other sources.
• Jurisdiction: New York’s laws and jury verdict trends can impact the potential value of a case.

At Gencarelli & Rimassa, we work diligently to ensure our clients receive the full compensation they’re entitled to. We carefully document all damages, consult with experts, and build a compelling case to maximize your recovery.

Why Choose Gencarelli & Rimassa Law Firm?

When you’re facing the aftermath of medical malpractice, you need a law firm with the experience, resources, and dedication to fight for your rights. Here’s why clients trust Gencarelli & Rimassa for their medical malpractice cases in Brooklyn:

1. Proven Experience in Medical Malpractice Law

Our attorneys have decades of combined experience handling complex medical malpractice cases. We understand the nuances of New York law and know how to build strong, persuasive cases that hold negligent providers accountable. Our track record speaks for itself, with numerous successful settlements and verdicts on behalf of injured patients.

2. Access to Top Medical Experts

Medical malpractice cases often hinge on the testimony of medical experts. We have established relationships with leading physicians, surgeons, and specialists who can review your case, provide expert opinions, and testify on your behalf. These experts are essential to proving negligence and securing the compensation you deserve.

3. Personalized, Compassionate Representation

We know that medical malpractice isn’t just a legal issue—it’s a deeply personal one. Our team takes the time to listen to your story, understand your needs, and tailor our approach to your unique situation. We’re not just your attorneys; we’re your advocates, your support system, and your partners in seeking justice.

4. Aggressive Negotiation and Litigation Skills

While many medical malpractice cases are resolved through settlement, we’re always prepared to take your case to trial if necessary. Our attorneys are skilled negotiators who know how to push back against lowball offers from insurance companies. And if a fair settlement can’t be reached, we’re ready to present your case to a jury with confidence and conviction.

5. No Fees 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. You pay no upfront fees, and we only get paid if we recover compensation for you. This ensures that our interests are aligned with yours—we’re motivated to win, and you have nothing to lose by seeking our help.

6. A Commitment to Justice

At Gencarelli & Rimassa, we’re driven by a deep sense of justice. We believe that healthcare providers who fail to meet their obligations should be held accountable, and that patients who suffer harm deserve fair compensation. Our mission is to make a difference in the lives of our clients and to help prevent future medical errors by advocating for safer healthcare practices.

If you or a loved one has been harmed by medical negligence, you don’t have to face this alone. The Medical Malpractice Lawyers in Brooklyn NY at Gencarelli & Rimassa are here to help you navigate this difficult time and fight for the justice you deserve.

Contact Gencarelli & Rimassa Today

Medical malpractice can turn your life upside down in an instant. The physical pain, emotional trauma, and financial strain can feel overwhelming, but you don’t have to bear this burden alone. The experienced Medical Malpractice Lawyers in Brooklyn NY at Gencarelli & Rimassa are ready to stand by your side, fight for your rights, and help you secure the compensation you need to move forward.

Time is limited to file your claim, so don’t wait. Contact us today for a free, confidential consultation. We’ll review your case, answer your questions, and help you understand your legal options—with no obligation. Let us put our skills, resources, and dedication to work for you.

Call us now at (201) 549-8737 to schedule your consultation. Your path to justice starts here.