Manhattan Medical Malpractice Lawyers

When you or a loved one suffers harm due to a healthcare provider’s mistake, the consequences can be devastating—physically, emotionally, and financially. In Manhattan, where world-class hospitals and specialists are just blocks away, patients trust their lives to medical professionals. But when that trust is broken through negligence, the fallout can last a lifetime. If you believe you’ve been a victim of medical malpractice, you need more than just legal representation—you need a team of Medical Malpractice Lawyers in Manhattan NY who understand the complexities of these cases and fight relentlessly for justice.

At Gencarelli & Rimassa Law Firm, we specialize in holding negligent doctors, nurses, hospitals, and other healthcare providers accountable. Our deep knowledge of New York medical malpractice law, combined with a compassionate approach, ensures that your case is handled with the urgency and expertise it deserves. Medical negligence is not just a legal issue—it’s a personal one. And we treat it that way.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare professional—whether a doctor, surgeon, nurse, anesthesiologist, or hospital—deviates from the accepted standard of care, causing injury or death to a patient. The “standard of care” refers to the level of skill, knowledge, and treatment that a reasonably competent healthcare provider in the same field would have provided under similar circumstances.

Not every medical error qualifies as malpractice. To have a valid claim, four key elements must be proven:

• Duty of Care: The healthcare provider owed you a professional duty (e.g., a doctor-patient relationship existed).
• Breach of Duty: The provider failed to meet the accepted standard of care.
• Causation: The breach directly caused your injury or worsened your condition.
• Damages: You suffered measurable harm as a result (e.g., medical bills, lost wages, pain and suffering).

Proving these elements requires medical expertise, legal strategy, and a thorough investigation—something our Manhattan medical malpractice lawyers handle with precision.

Common Types of Medical Malpractice Cases in Manhattan

Medical negligence can take many forms, and the consequences are often life-altering. Some of the most frequent types of medical malpractice cases we handle include:

Surgical Errors

• Operating on the wrong body part or patient
• Leaving surgical instruments or sponges inside a patient
• Nerve damage or organ perforation during surgery
• Anesthesia errors leading to brain injury or death

Misdiagnosis or Failure to Diagnose

• Failing to diagnose cancer, heart disease, or stroke in time
• Misinterpreting lab results, X-rays, or MRIs
• Delaying diagnosis of infections, tumors, or other serious conditions

Birth Injuries

• Erb’s palsy or cerebral palsy due to improper delivery techniques
• Fetal distress ignored during labor
• Failure to perform a timely C-section
• Maternal injuries from negligent prenatal or postnatal care

Medication Errors

• Prescribing the wrong medication or dosage
• Administering drugs a patient is allergic to
• Failing to monitor for dangerous drug interactions
• Pharmacy errors in filling prescriptions

Hospital Liability

• Understaffing leading to patient neglect
• Failure to properly train or supervise medical staff
• Inadequate sanitation causing infections (e.g., MRSA, sepsis)
• Improper discharge of patients who still need care

Emergency Room Negligence

• Ignoring symptoms of a heart attack or stroke
• Failing to order necessary tests or imaging
• Discharging a patient who requires immediate treatment

If you or a loved one has suffered due to any of these forms of medical negligence, you may have a valid claim. The first step is speaking with a skilled medical malpractice lawyer in Manhattan who can evaluate your case.

How Is Liability Proven in a Medical Malpractice Claim?

Proving medical malpractice is not like proving a car accident or a slip-and-fall case. It requires a deep understanding of both medicine and the law. Here’s how liability is established in New York:

1. Medical Records Review

Your medical records are the foundation of your case. Our team carefully reviews:

• Doctor’s notes and treatment plans
• Surgical reports and anesthesia records
• Lab results, imaging studies, and pathology reports
• Nursing notes and medication administration records

2. Expert Witness Testimony

New York law requires that a qualified medical expert—usually a doctor in the same specialty—review your case and provide an affidavit stating that malpractice likely occurred. This expert will:

• Define the applicable standard of care
• Explain how the defendant deviated from that standard
• Establish that the deviation caused your injuries

3. Investigation and Evidence Gathering

We work with investigators, medical experts, and other professionals to gather evidence, such as:

• Witness statements from nurses, technicians, or other staff
• Hospital policies and procedures
• Pharmacy records (for medication errors)
• Second opinions from independent medical experts

4. Demonstrating Causation

One of the most challenging aspects of a medical malpractice case is proving that the provider’s negligence—not an underlying condition or unrelated factor—caused your harm. For example, if a doctor failed to diagnose cancer, we must show that earlier detection would have led to a better outcome.

5. Calculating Damages

Finally, we document the full extent of your damages, including:

• Past and future medical expenses
• Lost wages and diminished earning capacity
• Pain and suffering
• Loss of consortium (for spouses)
• Wrongful death damages (if applicable)

Without experienced medical negligence attorneys in Manhattan, these steps can be overwhelming. Insurance companies and hospitals have teams of lawyers working to minimize their liability. You need a legal team that fights just as hard for you.

New York’s Statute of Limitations for Medical Malpractice

In New York, the statute of limitations for filing a medical malpractice lawsuit is generally 2 years and 6 months from the date of the negligent act or omission. However, there are important exceptions:

• Discovery Rule: If the injury was not immediately discoverable (e.g., a surgical sponge left inside a patient), the clock may start when the injury was—or should have been—discovered.
• Continuous Treatment Doctrine: If you were receiving ongoing treatment for the same condition, the statute of limitations may be extended until the last date of treatment.
• Minors: For children injured due to medical negligence, the statute of limitations is extended until their 18th birthday, plus an additional 2 years and 6 months.
• Wrongful Death: If medical malpractice results in death, the family has 2 years from the date of death to file a claim.

Missing the deadline can bar you from recovering compensation, no matter how strong your case is. That’s why it’s critical to consult with a Manhattan medical malpractice lawyer as soon as possible.

Why Hiring an Experienced Medical Malpractice Lawyer Matters

Medical malpractice cases are among the most complex and contentious in personal injury law. Hospitals and insurance companies have vast resources to defend against claims, and they will use every tactic to deny or minimize your compensation. Here’s why you need a lawyer with specialized experience:

1. We Understand the Medicine

To prove malpractice, you must speak the language of medicine. Our team works with top medical experts who help us interpret records, identify deviations from the standard of care, and explain complex medical concepts to judges and juries.

2. We Know How to Counter Insurance Company Tactics

Insurance adjusters and defense lawyers will try to:

• Blame your injury on a pre-existing condition
• Argue that your outcome was unavoidable
• Pressure you into accepting a lowball settlement
• Delay the process until the statute of limitations expires

We don’t let them. Our medical malpractice attorneys in Manhattan have spent years battling these tactics and know how to build an airtight case.

3. We Handle the Legal Heavy Lifting

From filing the initial claim to negotiating with insurers or taking your case to trial, we manage every aspect of your case so you can focus on healing. This includes:

• Gathering and analyzing medical records
• Consulting with medical experts
• Filing court documents and meeting deadlines
• Negotiating settlements or preparing for trial

4. We Fight for Maximum Compensation

Medical malpractice cases often involve significant damages, including lifelong medical care, lost income, and emotional trauma. We don’t settle for less than you deserve. Our goal is to secure compensation that covers:

• All past and future medical expenses
• Rehabilitation and home care costs
• Lost wages and reduced earning capacity
• Pain, suffering, and emotional distress
• Wrongful death damages (if applicable)

5. We Offer Contingency Fee Representation

We understand that medical malpractice can leave families financially strained. That’s why we work on a contingency fee basis—you pay nothing upfront, and we only get paid if we win your case. There are no hidden fees or surprises.

What Is a Medical Malpractice Case Worth?

Every medical malpractice case is unique, and the value depends on factors such as:

• The severity of your injuries
• The impact on your quality of life
• Whether the negligence caused permanent disability or death
• Your age, occupation, and earning potential
• The strength of the evidence against the defendant

In New York, damages in a medical malpractice case may include:

Economic Damages

• Medical bills (past and future)
• Lost wages and lost earning capacity
• Rehabilitation and therapy costs
• Home modifications (e.g., wheelchair ramps)
• Funeral and burial expenses (in wrongful death cases)

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium (for spouses)
• Disfigurement or scarring

Punitive Damages (Rare)

In cases of extreme recklessness or intentional misconduct, punitive damages may be awarded to punish the defendant and deter similar behavior. These are not common but can significantly increase the value of a case.

While no amount of money can undo the harm caused by medical negligence, fair compensation can provide financial security and a sense of justice. Our Manhattan medical malpractice lawyers have the experience to accurately assess the value of your claim and fight for every dollar you deserve.

Why Choose Gencarelli & Rimassa Law Firm?

When your health, your future, and your family’s well-being are on the line, you need a law firm with a proven track record of success in medical malpractice cases. Here’s what sets us apart:

1. Decades of Experience in Medical Malpractice Law

We have spent years representing victims of medical negligence in Manhattan and across New York. Our deep understanding of the law, combined with our relationships with top medical experts, gives us a strategic advantage in building strong cases.

2. A Client-Centered Approach

We know that behind every case is a person—someone who trusted their doctor and suffered because of that trust. We treat our clients with compassion, respect, and transparency. You’ll never be just a case number to us.

3. Aggressive Advocacy Against Powerful Opponents

Hospitals, insurance companies, and large medical practices have teams of lawyers working to protect their interests. We level the playing field by:

• Conducting thorough investigations
• Consulting with leading medical experts
• Negotiating fiercely with insurers
• Taking cases to trial when necessary

4. A Proven Track Record of Results

While past results don’t guarantee future outcomes, our history of securing substantial settlements and verdicts for medical malpractice victims speaks to our dedication and skill. We don’t back down from tough cases, and we don’t settle for less than our clients deserve.

5. No Upfront Costs—We Only Get Paid If You Win

We believe that everyone deserves access to justice, regardless of their financial situation. That’s why we work on a contingency fee basis. You pay nothing unless we recover compensation for you.

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 alone. The Medical Malpractice Lawyers in Manhattan NY at Gencarelli & Rimassa Law Firm are here to help you navigate the legal process, hold the responsible parties accountable, and secure the compensation you need to move forward.

Time is of the essence. New York’s statute of limitations means you have a limited window to take action. Don’t wait until it’s too late—contact us today for a free, confidential consultation. We’ll review your case, answer your questions, and help you understand your legal options.

Call us now at (201) 549-8737. Your fight for justice starts here.