New York City Medical Malpractice Lawyers

When you or a loved one suffers harm because of a healthcare provider’s mistake, the consequences can be devastating. Medical malpractice in New York City is not just a legal issue—it’s a deeply personal one. Patients trust doctors, nurses, and hospitals to provide competent, compassionate care. When that trust is broken, the physical, emotional, and financial toll can be overwhelming. If you believe you’ve been a victim of medical negligence, you need experienced Medical Malpractice Lawyers in New York City NY who understand the complexities of these cases and will fight for the justice and compensation you deserve.

At Gencarelli & Rimassa Law Firm, we specialize in holding negligent medical professionals accountable. Our team has the knowledge, resources, and dedication to navigate the intricacies of medical malpractice claims in New York. We don’t just represent clients—we advocate for them, ensuring their voices are heard in a system that often protects hospitals and insurance companies over patients.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider—such as a doctor, nurse, surgeon, or hospital—fails to meet the accepted standard of care, resulting in harm to a patient. The “standard of care” refers to the level of skill, knowledge, and treatment that a reasonably competent healthcare professional would provide under similar circumstances. When a provider deviates from this standard, and that deviation causes injury, it may constitute medical negligence.

Proving medical malpractice requires more than just showing that a mistake was made. You must demonstrate that the provider’s actions (or inaction) directly caused your injury and that the injury resulted in measurable damages. This is where the expertise of Medical Malpractice Lawyers in New York City NY becomes essential. We work with medical experts, review records meticulously, and build strong cases to establish liability.

Common Types of Medical Malpractice Cases

Medical malpractice can take many forms, and the injuries it causes can be life-altering. Some of the most common types of medical malpractice cases we handle include:

• Surgical Errors: Mistakes during surgery, such as operating on the wrong body part, leaving surgical instruments inside a patient, or damaging organs, can have catastrophic consequences. These errors often result from poor communication, fatigue, or negligence.
• Misdiagnosis or Delayed Diagnosis: When a doctor fails to diagnose a condition correctly or in a timely manner, the patient may miss critical treatment opportunities. Conditions like cancer, heart disease, and infections can worsen significantly if not diagnosed early.
• Failure to Diagnose: Similar to misdiagnosis, this occurs when a healthcare provider overlooks clear signs of a medical condition, leading to unnecessary suffering or even death. For example, failing to diagnose a stroke or aneurysm can result in permanent disability.
• Medication Errors: Prescribing the wrong medication, incorrect dosage, or failing to account for dangerous drug interactions can cause severe harm. These errors can occur at any stage—from the doctor’s prescription to the pharmacy’s dispensing.
• Birth Injuries: Negligence during pregnancy, labor, or delivery can lead to devastating injuries to both mother and child. Conditions like cerebral palsy, Erb’s palsy, and brain damage are often the result of medical mistakes, such as failing to monitor fetal distress or improper use of delivery tools.
• Anesthesia Errors: Administering too much or too little anesthesia, failing to monitor a patient’s vital signs, or not reviewing a patient’s medical history can lead to brain damage, coma, or death.
• Hospital Liability: Hospitals can be held accountable for negligence in hiring, training, or supervising staff. They may also be liable for systemic failures, such as inadequate infection control or understaffing, which lead to patient harm.
• Emergency Room Errors: The fast-paced nature of emergency rooms increases the risk of mistakes. Misdiagnosing a heart attack as indigestion, failing to order necessary tests, or discharging a patient too soon can have deadly consequences.

No matter the type of medical malpractice you’ve experienced, our Medical Malpractice Lawyers in New York City NY have the experience to pursue the compensation you need to recover and move forward.

How Is Liability Proven in a Medical Malpractice Claim?

Proving liability in a medical malpractice case is a complex process that requires a thorough understanding of both medicine and the law. To succeed, your legal team must establish four key elements:

1. Duty of Care: The healthcare provider owed you a duty of care. This is typically established by the doctor-patient relationship. For example, if you were treated by a physician, they had a duty to provide care that meets the accepted medical standard.
2. Breach of Duty: The provider failed to meet the standard of care. This is where expert testimony is crucial. Medical experts review your records and testify whether the provider’s actions deviated from what a competent professional would have done under similar circumstances.
3. Causation: The breach of duty directly caused your injury. This means proving that the provider’s negligence—not an underlying condition or unrelated factor—led to your harm. For instance, if a surgeon left a sponge inside you during surgery, you must show that the sponge caused an infection or other complications.
4. Damages: You suffered measurable harm as a result of the negligence. This can include physical pain, emotional distress, medical bills, lost wages, and other losses. Without damages, there is no basis for a claim.

At Gencarelli & Rimassa Law Firm, we work with top medical experts to analyze your case, gather evidence, and build a compelling argument for liability. We leave no stone unturned in pursuing justice for our clients.

The Statute of Limitations in New York for Medical Malpractice Claims

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 to this rule:

• Discovery Rule: If the injury was not immediately discoverable, the clock may start running from the date you discovered (or should have discovered) the harm. For example, if a surgical instrument was left inside you during a procedure, the statute of limitations may begin when you first experienced symptoms or were diagnosed.
• Continuous Treatment Doctrine: If you received ongoing treatment for the same condition from the same provider, the statute of limitations may be extended to 2 years and 6 months from the end of the treatment.
• Minors: For children under 18, the statute of limitations does not begin until their 18th birthday. However, there are additional time limits for certain types of claims, such as birth injuries.
• Wrongful Death: If medical malpractice results in death, the family has 2 years from the date of death to file a wrongful death claim.

Failing to file your claim within the statute of limitations can result in losing your right to seek compensation. That’s why it’s critical to consult with Medical Malpractice Lawyers in New York City NY as soon as possible. At Gencarelli & Rimassa Law Firm, we ensure your claim is filed promptly and correctly, protecting your rights every step of the way.

Why Hiring an Experienced Medical Malpractice Lawyer Matters

Medical malpractice cases are among the most challenging and resource-intensive types of personal injury claims. Hospitals and insurance companies have teams of lawyers and experts working to minimize or deny your claim. To level the playing field, you need a legal team with the experience, skills, and determination to take on these powerful opponents.

Here’s why hiring an experienced Medical Malpractice Lawyer in New York City NY is essential:

• In-Depth Knowledge of Medical and Legal Standards: Medical malpractice cases require a deep understanding of both medicine and the law. Our attorneys know how to interpret medical records, consult with experts, and present complex evidence in a way that judges and juries can understand.
• Access to Medical Experts: Proving medical negligence often requires testimony from medical experts. We have established relationships with top specialists in various fields who can review your case and provide credible, persuasive testimony.
• Thorough Investigation: Building a strong case requires a meticulous investigation. We gather all relevant medical records, interview witnesses, and consult with experts to uncover the truth about what went wrong.
• Negotiation Skills: Many medical malpractice cases are settled out of court. Our attorneys are skilled negotiators who know how to maximize your compensation without the need for a lengthy trial. However, we are always prepared to take your case to court if necessary.
• Compassionate Representation: We understand that medical malpractice is not just a legal issue—it’s a deeply personal one. Our team provides compassionate, personalized representation, guiding you through every step of the process with empathy and respect.
• Contingency Fee Basis: We work on a contingency fee basis, which means you pay nothing upfront. Our fees are only collected if we recover compensation for you. This ensures that you can pursue justice without financial risk.

At Gencarelli & Rimassa Law Firm, we don’t just handle cases—we fight for people. Our track record speaks for itself, and we are committed to achieving the best possible outcome for every client we represent.

What Is a Medical Malpractice Case Worth?

The value of a medical malpractice case depends on the specific circumstances of your injury, including the severity of the harm, the impact on your life, and the degree of negligence involved. While no amount of money can undo the damage caused by medical negligence, compensation can help cover your expenses and provide financial security for the future.

In New York, medical malpractice damages are typically divided into three categories:

• Economic Damages: These cover the tangible financial losses resulting from your injury. They may include:
  • Medical expenses (past and future)
  • Lost wages and loss of earning capacity
  • Rehabilitation and therapy costs
  • Home modifications or assistive devices
  • Other out-of-pocket expenses related to your injury
• Non-Economic Damages: These compensate for the intangible losses you’ve suffered, such as:
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Disfigurement or scarring
  • Loss of consortium (impact on relationships with a spouse or family members)
• Wrongful Death Damages: If medical malpractice results in death, the surviving family members may be entitled to compensation for:
  • Funeral and burial expenses
  • Loss of financial support
  • Loss of companionship and guidance
  • Pain and suffering endured by the deceased before death

New York does not cap non-economic damages in medical malpractice cases, which means there is no arbitrary limit on the compensation you can recover for pain and suffering. However, calculating the full value of your claim requires a detailed analysis of your injuries, prognosis, and the long-term impact on your life. Our Medical Malpractice Lawyers in New York City NY work with economists, life care planners, and medical experts to ensure every aspect of your damages is accounted for.

Why Choose Gencarelli & Rimassa Law Firm?

When you’re facing the aftermath of medical malpractice, you need a law firm that combines legal expertise with genuine compassion. At Gencarelli & Rimassa Law Firm, we have built our reputation on fighting for the rights of injured patients in New York City. Here’s what sets us apart:

• Proven Track Record: We have successfully represented clients in complex medical malpractice cases, securing substantial settlements and verdicts. Our results speak to our dedication and skill.
• Client-Centered Approach: We understand that every case is unique, and we take the time to listen to your story, answer your questions, and tailor our strategy to your specific needs. You are not just a case number to us—you are a person who deserves justice.
• Resources and Expertise: Medical malpractice cases require significant resources, including access to medical experts, investigators, and cutting-edge technology. We have the financial backing and professional network to take on even the most challenging cases.
• Aggressive Advocacy: We are not afraid to take on powerful hospitals, insurance companies, or medical professionals. Our attorneys are skilled litigators who will fight tirelessly to hold negligent parties accountable.
• Transparent Communication: We believe in keeping our clients informed every step of the way. You will always know the status of your case, and we will explain your options in clear, straightforward terms.
• No Upfront Fees: We work on a contingency fee basis, which means you pay nothing unless we win your case. This allows you to pursue justice without financial stress.

When you choose Gencarelli & Rimassa Law Firm, you are choosing a team that will stand by your side, advocate for your rights, and work relentlessly to secure the compensation you deserve.

Contact Our New York City Medical Malpractice Lawyers Today

If you or a loved one has been harmed by medical negligence, time is of the essence. The sooner you act, the stronger your case will be. At Gencarelli & Rimassa Law Firm, we are here to help you navigate the legal process, hold negligent providers accountable, and recover the compensation you need to move forward.

Don’t wait to seek justice. Contact our Medical Malpractice Lawyers in New York City NY today for a free, confidential consultation. We will review your case, explain your legal options, and help you take the first step toward recovery. Call us now at (201) 549-8737 to schedule your consultation. Your fight for justice starts here.