New York City Medical Malpractice Attorneys
We represent patients and families harmed by medical negligence at hospitals across all five NYC boroughs. We have litigated against NewYork-Presbyterian, Mount Sinai, NYU Langone, Montefiore, Maimonides, and all 11 NYC Health + Hospitals public facilities.
The most critical distinction in any NYC malpractice case is whether your hospital is public or private. NYC Health + Hospitals facilities require a Notice of Claim within 90 days under General Municipal Law § 50-e. Private hospitals carry the standard 2.5-year statute of limitations under CPLR § 214-a.
Trusted and Award-Winning Representation
Key Facts for NYC Malpractice Cases
- NYC Health + Hospitals cases require a 90-day Notice of Claim — missing this deadline typically bars your case entirely (Gen. Muni. Law § 50-e)
- Private hospitals (NYP, Mount Sinai, NYU Langone, Montefiore, Maimonides) carry the standard 2.5-year statute of limitations (CPLR § 214-a)
- New York requires expert medical testimony establishing departure from accepted standards and causation (PJI 2:150)
NYC Hospitals: Public vs. Private Deadlines
If your care occurred at any NYC Health + Hospitals facility listed below, you must file a Notice of Claim within 90 days. This deadline is strict — courts rarely grant extensions. Contact us immediately.
| Borough | NYC Health + Hospitals Facilities (PUBLIC — 90-day Notice of Claim) |
|---|---|
| Manhattan | Bellevue Hospital Center, Metropolitan Hospital, Harlem Hospital |
| Brooklyn | Kings County Hospital, Woodhull Medical Center, Coney Island Hospital |
| Queens | Elmhurst Hospital, Queens Hospital Center |
| Bronx | Lincoln Medical Center, Jacobi Medical Center, North Central Bronx Hospital |
| Staten Island | None (public facilities under different systems) |
| Private Hospital / Network | Deadline |
|---|---|
| NewYork-Presbyterian / Weill Cornell / Columbia | 2.5 years (CPLR § 214-a) |
| Mount Sinai / Mount Sinai West / Beth Israel | 2.5 years (CPLR § 214-a) |
| NYU Langone Medical Center | 2.5 years (CPLR § 214-a) |
| Montefiore Medical Center | 2.5 years (CPLR § 214-a) |
| Maimonides Medical Center | 2.5 years (CPLR § 214-a) |
| Memorial Sloan Kettering Cancer Center | 2.5 years (CPLR § 214-a) |
NYC Medical Malpractice Practice Areas
Birth Injuries
Delayed C-sections, improper use of forceps, failure to monitor fetal distress during labor and delivery.
Brain Injuries
Delayed diagnosis of brain bleeds, failure to monitor neurological changes, surgical errors.
Cancer Malpractice
Missed or delayed cancer diagnoses. Lavern's Law provides a discovery rule with a 7-year outer limit.
Failure to Diagnose Cancer
Overlooked imaging abnormalities, failure to order biopsies, ignored symptoms.
Delayed Cancer Diagnosis
Cancer identified late, allowing progression to a more advanced and less treatable stage.
Diagnosis Errors
Misdiagnosis or delayed recognition of conditions — from appendicitis to pulmonary embolism.
Emergency Room Malpractice
Triage failures, premature discharge, failure to order appropriate testing.
Heart Attack Malpractice
Delayed EKGs, missed ST elevations, catheterization lab failures. ACC/AHA requires door-to-balloon within 90 minutes.
Stroke Malpractice
Failure to recognize stroke symptoms, delayed CT imaging, missed tPA treatment windows.
Wrongful Death
When medical negligence proves fatal. Statute of limitations: 2 years from date of death (EPTL § 5-4.1).
Expert Witness Consultation
Board-certified specialists in cardiology, neurology, oncology, obstetrics, emergency medicine, and surgery.
Our Case Results
$12.2 Million
Emergency room malpractice leading to brain damage
$7.4 Million
Birth injury resulting in cerebral palsy
$3.5 Million
Steroid injection malpractice causing leg paralysis
$2.63 Million
Delayed diagnosis of pituitary tumor causing permanent hormonal changes
Frequently Asked Questions
Which NYC hospitals require a 90-day Notice of Claim?
All NYC Health + Hospitals facilities: Bellevue, Metropolitan, Harlem (Manhattan); Kings County, Woodhull, Coney Island (Brooklyn); Elmhurst, Queens Hospital Center (Queens); Lincoln, Jacobi, North Central Bronx (Bronx). All other major NYC hospitals — NYP, Mount Sinai, NYU Langone, Montefiore, Maimonides — are private with a 2.5-year deadline.
What is Lavern's Law?
Lavern's Law (CPLR § 214-a(5)) allows patients with missed cancer diagnoses 2.5 years from when they discovered — or should have discovered — the missed diagnosis, with an absolute outer limit of 7 years from the negligent act.
Where are NYC medical malpractice cases filed?
Cases are filed in Supreme Court in the borough where the hospital is located — Manhattan cases in New York County Supreme Court, Brooklyn in Kings County, Queens in Queens County, the Bronx in Bronx County, and Staten Island in Richmond County Supreme Court.
Can I file a case against a NYC Health + Hospitals doctor personally?
Yes. You can name individual physicians and staff as defendants alongside the hospital. The 90-day Notice of Claim requirement under General Municipal Law § 50-e applies to the institutional defendant. Claims against private attending physicians employed through separate practices may follow different rules — we evaluate each defendant's status when reviewing your case.
Does the 90-day deadline apply if I was treated at a private hospital affiliated with NYC H+H?
No. The 90-day Notice of Claim requirement applies only to facilities directly operated by NYC Health + Hospitals Corporation. Private hospitals that have affiliations or training relationships with NYC H+H are still private — the standard 2.5-year statute of limitations under CPLR § 214-a applies.
Deutsch Law, PC — New York City Office
- 1411 Broadway (at 40th St), 16th Floor, New York, NY 10018
- 914-279-4500
- [email protected]
- Mon - Fri: 09:00-17:00
Ready to Discuss Your Question?
If you or someone close to you has experienced issues related to medical treatment in the New York City area, our local team is ready to help. We’ll take the time to understand your situation, review the specifics thoroughly, and explain your options along with any possible next steps.
Contact our Manhattan office for a free case evaluation.
We handle cases on a contingency basis — no fees unless we obtain a recovery.
What Our Clients Say
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