Best Medical Malpractice Lawyers in NYC: A Comprehensive Guide to Top-Rated Attorneys

If you or a loved one has suffered due to medical negligence, finding the "best medical malpractice lawyer in NYC" is not just about finding a name — it’s about finding a champion. You need an advocate who can navigate the complex intersection of medicine and law to secure the compensation you need and deserve.

New York City is home to many skilled attorneys, but The Jacob D. Fuchsberg Law Firm stands apart. For generations, we have not only litigated standard negligence cases but have also pioneered civil rights and institutional liability cases, holding hospitals, prisons, and municipalities accountable where others would not.

Below, we review the top legal talent in New York City and State based on verdicts, peer recognition, and case complexity.

What Defines the Best Medical Malpractice Attorney in New York?

Before reviewing specific attorneys, it is vital to understand the criteria that rank a lawyer among the "best". To choose the top medical malpractice attorney, you should prioritize the following metrics:

• Verdicts and Settlements: A proven track record of recovering multi-million dollar damages for past and future care.
• Peer Recognition: Acknowledgments from industry bodies like Super Lawyers and Best Lawyers in America.
• Complex Case Experience: The ability to handle rare diagnoses, surgical errors, and birth injuries that general personal injury lawyers avoid.
• Client Satisfaction: Testimonials reflecting compassion, communication, and transparency.

Top Medical Negligence Lawyers in NYC: Leaders in the Field

1. Alan L. Fuchsberg (The Jacob D. Fuchsberg Law Firm)

Experience: 30+ years
Recognition: Super Lawyers, Best Lawyers in America, Google Reviews 4.7/5
Unique Legal Practice: Medical Malpractice + Federal Civil Rights Litigation

Alan L. Fuchsberg is widely recognized as a premier medical malpractice attorney in New York for a specific reason: he handles cases that require more than just medical knowledge — they need a fighter for human rights.

While many firms operate like factories, churning out standard surgical settlements, Alan and his team focus on hybrid litigation. He successfully represents clients where medical negligence overlaps with civil rights violations, particularly in cases involving prisoners (Rikers Island claims) and police brutality. He has also represented victims of foster care administrative mismanagement, as well as municipal hospital medical malpractice and nursing home negligence. He has also brought actions seeking reform through injunctive relief and class action concerning disability accommodation and employment discrimination.

Proven Results: The "Fuchsberg Difference"

When you choose Alan L. Fuchsberg, you are choosing an attorney with a proven history of uncovering negligence in the most difficult circumstances.

• $2 Million Settlement (Civil Rights & Medical Neglect): Alan secured justice for a prisoner who lost 60% of her vision because the jail ignored her medical needs. Why this matters: Most lawyers reject prisoner cases. Alan fights for them.
• $1.5 Million Settlement (Vascular Malpractice): Represented a 29-year-old dental hygienist who lost her foot because doctors treated a blood clot with thinners for 50 hours instead of performing surgery.
• Legionnaire’s Disease Victory: In a complex case involving a man in his 70s, Alan utilized Freedom of Information Laws (FOIL) to obtain state health records, proving a hospital’s sanitation failure caused the patient’s near-fatal pneumonia.
• Rheumatic Fever Tragedy: Secured a significant recovery for the family of a 33-year-old father who died after the ER misdiagnosed his heart condition as a stomach virus.
• $5 Million Verdict: Alan represented a woman who had a gynecological tumor that spread to her brain only because it was not timely diagnosed.

Contact Alan L. Fuchsberg for a Free Consultation

2. Thomas A. Moore (Kramer, Dillof, Livingston & Moore)

Thomas A. Moore is a legendary figure in New York civil litigation. As a senior partner at KDLM, he is widely recognized for securing some of the largest jury verdicts in the state's history. His practice focuses almost exclusively on catastrophic medical negligence cases involving severe brain injury and birth trauma.

Key recognition:

• Consistently listed among the top trial lawyers in the United States.
• Known for his work in obtaining record-breaking verdicts for victims of medical negligence.

3. Daniel C. Minc (Rosenberg, Minc, Falkoff & Wolff)

Daniel C. Minc is frequently cited as one of the best medical malpractice lawyers in NYC. With a career spanning decades, Minc has secured over $500 million in verdicts and settlements for his clients. He is particularly noted for his aggressive litigation style in cases involving surgical mistakes and hospital negligence.

Key recognition:

• Named a "Super Lawyer" and recognized by Martindale-Hubbell.
• Known for high-value verdicts, including a $15 million jury verdict against a major Manhattan hospital.

4. Joseph Miklos (Silberstein, Awad & Miklos)

Joseph Miklos is a widely respected trial attorney and a managing partner at Silberstein, Awad & Miklos. His firm is often recognized in "Best Lawyers" lists for their dedicated work in medical malpractice. Miklos is known for his meticulous approach to trial, often taking verdicts rather than settling when insurance offers are insufficient.

Key recognition:

• Recognized in Super Lawyers and rated AV Preeminent.
• His firm is particularly noted for handling cases involving missed diagnoses and surgical complications in Long Island and NYC.

5. Robert Vilensky (Ronemus & Vilensky)

Robert Vilensky is a veteran medical malpractice attorney in New York with nearly 40 years of experience. He is well-regarded for his advanced knowledge in Erb’s Palsy cases (birth injuries affecting the arm and shoulder) and lead poisoning litigation, often representing children from underserved communities.

Key recognition:

• Frequent legal commentator for media outlets like The New York Times.
• Known for handling cases involving complex pediatric injuries.

6. Judy Livingston (Kramer, Dillof, Livingston & Moore)

Judy Livingston is a senior partner at Kramer, Dillof, Livingston & Moore and is widely considered one of the most successful plaintiffs' attorneys in the country. She was the first woman ever admitted to the Inner Circle of Advocates and has secured more than 35 verdicts in excess of $1 million. Her practice focuses on achieving justice for victims of catastrophic medical errors, birth trauma, and surgical negligence.

Key recognition:

• Named "Lawyer of the Year" by Best Lawyers multiple times.
• The first woman ever to be invited into the Inner Circle of Advocates.
• Recognized by New York Magazine as one of the "Best Lawyers in New York".

7. Ben Rubinowitz (Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf)

Ben Rubinowitz is the Managing Partner of Gair, Gair, Conason and is recognized as a titan of the New York trial bar. He is particularly famous for his expertise in cross-examination and has obtained some of the largest medical malpractice verdicts in the state's history. Beyond his litigation success, Rubinowitz is a sought-after legal educator who has dedicated much of his career to teaching trial advocacy skills to other attorneys.

Key recognition:

• Served as the President of the Inner Circle of Advocates.
• Consistently ranked as a "Top 10" New York Super Lawyer.
• Secured numerous record-breaking settlements, including a $41.5 million verdict for a victim of medical negligence and a $27.5 million settlement for a pedestrian struck by a vehicle (demonstrating his versatility in high-stakes litigation).

What Constitutes Medical Malpractice in New York?

As experienced medical negligence lawyers, we see many tragic outcomes. However, under New York law, a bad medical outcome isn't always malpractice. To win a lawsuit, we must prove four specific legal elements:

1. Doctor-Patient Relationship: The doctor owed you a professional duty of care.
2. Breach of Standard of Care: The doctor did something a competent professional would not have done.
3. Causation: That specific error directly caused the injury.
4. Damages: You suffered verifiable financial or physical harm.

Common Actionable Cases We Handle

Once we establish those four elements, we can pursue claims for specific medical failures, such as:

• Misdiagnosis or Delayed Diagnosis: Failure to recognize cancer, heart attacks, or infections.
• Surgical Errors: Operating on the wrong site, leaving instruments inside the body, or damaging surrounding organs.
• Birth Injuries: Cerebral palsy or Erb's palsy caused by oxygen deprivation or excessive force during delivery.
• Hospital Negligence: Failures in sanitation or safety protocols.

What Compensation Can You Recover in a New York Medical Malpractice Case?

In New York State, victims are entitled to two primary categories of damages. The Jacob D. Fuchsberg Law Firm utilizes forensic economists and life care planners to ensure every dollar is accounted for.

1. Economic Damages (Full Financial Reimbursement)

• Past & Future Medical Expenses: Costs for lifelong surgeries, rehabilitation, and home nursing care.
• Lost Wages & Earning Capacity: Inflation-adjusted value of your lost career earnings.
• Out-of-Pocket Costs: Medical equipment, transportation, and home modifications.

2. Non-Economic Damages (Compensation for Suffering)

• Pain and Suffering: For physical pain and emotional anguish.
• Loss of Enjoyment of Life: For the inability to enjoy hobbies or daily activities.
• Loss of Consortium: Compensation for the impact on a spouse or partner.

3. Wrongful Death Damages

If negligence results in death, we file for Pecuniary Loss, covering funeral costs and the loss of the deceased’s financial support to the surviving family.