# Skilled New York City Medical Malpractice Lawyers - Jacob D. Fuchsberg Law Firm - / - Medical Malpractice ## Skilled New York City Medical Malpractice Lawyers - Have you suffered injuries as a result of negligent medical care or misdiagnosis, or were you given the wrong medication or treatment? Our New York medical malpractice attorneys have handled thousands of malpractice cases, with tact and care, on behalf of patients, their families, and their babies. Contact us today for a free consultation with a New York medical malpractice lawyer. [Get a Free Case Review](https://www.fuchsberg.com/contact) - martindale - https://www.martindale.com/organization/the-jacob-d-fuchsberg-law-firm-396211/ - 11 reviews - google - https://www.google.com/search?q=jacob+d+fuchsberg+law&newwindow=1&sca_esv=561300690&rlz=1C1CHBD_enRU940RU941&ei=azfvZLuqI4Daxc8PxamjqAc&ved=0ahUKEwj7i5W7soSBAxUAbfEDHcXUCHUQ4dUDCBA&uact=5&oq=jacob+d+fuchsberg+law&gs_lp=Egxnd3Mtd2l6LXNlcnAiFWphY29iIGQgZnVjaHNiZXJnIGxhdzILEC4YgAQYxwEYrwEyBxAuGIoFGEMyBhAAGBYYHjIGEAAYFhgeMggQABiKBRiGAzIIEAAYigUYhgMyCBAAGIoFGIYDMhoQLhiABBjHARivARiXBRjcBBjeBBjgBNgBAUicDFCjBli_CXABeAGQAQCYAa0BoAGnBKoBAzAuNLgBA8gBAPgBAcICChAAGEcY1gQYsAPiAwQYACBBiAYBkAYDugYGCAEQARgU&sclient=gws-wiz-serp#lrd=0x89c25900307de965:0x50c7e7061a0d5df3,1,,,, - 34 reviews info - martindale - https://www.martindale.com/organization/the-jacob-d-fuchsberg-law-firm-396211/ - 11 reviews - google - https://www.google.com/search?q=jacob+d+fuchsberg+&rlz=1C1CHBD_enRU940RU941&ei=Bm42ZIetI5CKrwTQirjYCw&ved=0ahUKEwiHyO_C-KP-AhUQxYsKHVAFDrsQ4dUDCA8&uact=5&oq=jacob+d+fuchsberg+&gs_lcp=Cgxnd3Mtd2l6LXNlcnAQAzIFCAAQgAQyBQguEIAEMgYIABAWEB4yBggAEBYQHjIGCAAQFhAeMggIABAWEB4QCjIICAAQigUQhgMyCAgAEIoFEIYDMggIABCKBRCGA0oECEEYAVDKBFjKBGD-BmgBcAB4AIABXYgBXZIBATGYAQCgAQHAAQE&sclient=gws-wiz-serp#lrd=0x89c25900307de965:0x50c7e7061a0d5df3,1,,,, - 29 reviews ## Over $116M Won for Medical Malpractice Victims - medical malpractice - Patient paralyzed after neurologist fails to diagnose autoimmune disease - medical malpractice - Failure to order an MRI results in permanent paralysis of a 14-year-old boy - medical malpractice - An infant was neurologically impaired as a result failure to perform a c-section [View All Success Stories](https://www.fuchsberg.com/success-stories) ## We Are Your Trusted New York Medical Malpractice Attorneys When you have a medical procedure performed on an outpatient basis or receive care in the hospital, you take it for granted that the doctors, nurses, and other medical staff treating you will perform their work correctly. Unfortunately, serious medical errors are common and can cause lifelong injuries or even the death of a patient. The death might be immediate, or the patient may pass away much sooner than they would have otherwise. NYC medical malpractice is more common than most people realize. Jacob D. Fuchsberg Law Firm is here for you when the unimaginable happens. After serving New York for over 50 years, we have the experience it takes to help you or your loved one get the justice they deserve, for all types of civil claims, including: - [Medical malpractice in Bronx](https://www.fuchsberg.com/medical-malpractice/bronx) - [Medical malpractice in Brooklyn](https://www.fuchsberg.com/medical-malpractice/brooklyn) - [Medical malpractice in Long Island](https://www.fuchsberg.com/medical-malpractice/long-island) - [Medical malpractice in Queens](https://www.fuchsberg.com/medical-malpractice/queens-medical-malpractice) - [Medical malpractice in Staten Island](https://www.fuchsberg.com/medical-malpractice/staten-island) - [Medical malpractice in Suffolk County](https://www.fuchsberg.com/medical-malpractice/suffolk-county) - [Medical malpractice in Nassau County](https://www.fuchsberg.com/medical-malpractice/nassau-county) - [Medical malpractice in Manhattan](https://www.fuchsberg.com/medical-malpractice/manhattan) Help is just a phone call away. Our law firm offers a free, confidential, compassionate consultation with a malpractice lawyer in NYC. Call [(212) 869-3500](tel:+12128693500) or contact us online. [Meet Our Attorneys](https://www.fuchsberg.com/about-us) ## What Is Medical Malpractice Medical malpractice occurs when a doctor or other medical professional fails to meet professional standards, causing harm instead of helping. These errors can lead to serious consequences, including permanent injury, disability, or even death. Medical errors are the third leading cause of death in the U.S., resulting in hundreds of thousands of fatalities each year. If you or a loved one has been harmed by medical negligence, you have the right to hire a medical malpractice lawyer, such as at the Jacob Fuchsberg Law Firm. It’s important to act quickly to gather evidence and file a claim before the statute of limitations expires, as medical providers often have far greater resources to defend against lawsuits. [***Download Our 2026 New York Medical Malpractice Litigation Guide***](https://www.fuchsberg.com/wp-content/uploads/2026/10/224953dc-d7674095205_Medical-Malpractice-Litigation-Guide-NY-2026.pdf) Medical Errors Cause Harm Every Day [Schedule a Free Consultation](https://www.fuchsberg.com/contact) Call Jacob D. Fuchsberg Law Firm at (212) 869-3500 to speak with one of our attorneys about your situation and find out whether you have a claim worth pursuing. ## Five Common Types of Medical Malpractice Cases Medical errors include more than just mistakes made while treating a patient. Failures to diagnose or to recommend the proper course of treatment are errors by omission that can have equally serious consequences. Below are five of the most common types of cases that bring patients to a New York medical malpractice lawyer. ### [Birth Injuries](https://www.fuchsberg.com/birth-injuries) Also known as gynecological or obstetric injuries, birth-related malpractice cases arise when errors during pregnancy, labor, or delivery cause harm to the mother, the baby, or both. While not every complication is the result of negligence, medical errors during birth can have devastating and lifelong consequences. Common birth-related malpractice claims include: - Excessively prolonged labor that injures the mother, baby, or both; - Excessive vaginal bleeding, with or without [hemorrhaging](https://www.fuchsberg.com/birth-injuries/subconjunctival-hemorrhage); - Failure to administer anesthesia properly during a vaginal birth or Cesarean section; - Gestational diabetes of the mother was improperly monitored and caused avoidable complications; - Labor delivery injuries, including nerve injury, [shoulder dystocia](https://www.fuchsberg.com/birth-injuries/shoulder-dystocia), or other injuries to the baby during the birth process; - [Cerebral Palsy](https://www.fuchsberg.com/birth-injuries/cerebral-palsy); - [Placental abruption](https://www.fuchsberg.com/birth-injuries/placental-abruption) or placenta previa; - [Erb’s Palsy](https://www.fuchsberg.com/birth-injuries/erbs-palsy); - [Baby opioid addiction](https://www.fuchsberg.com/medical-malpractice/baby-opioid-lawyer); - [Hypoxic ischemic encephalopathy (HIE)](https://www.fuchsberg.com/birth-injuries/hypoxic-ischemic-encephalopathy-lawyer); - Prematurity due to medical errors; - [Surgical error during a Cesarean section](https://www.fuchsberg.com/birth-injuries/c-section); - [Maternal death](https://www.fuchsberg.com/birth-injuries/maternal-death-lawyer). ### [Medical Misdiagnosis](https://www.fuchsberg.com/medical-malpractice/medical-misdiagnosis) Misdiagnosis cases fall into three main categories. A delayed diagnosis means the patient eventually received the correct diagnosis, but the time lost to an incorrect initial assessment caused a significant deterioration in health outcomes or contributed to premature death. Failure to treat occurs when a doctor makes an accurate diagnosis but fails to provide or recommend appropriate follow-up care. Outright misdiagnosis, such as giving a patient the wrong diagnosis or no diagnosis at all, is one of the most common types of malpractice claims and includes: - [Gynecological cancer misdiagnosis](https://www.fuchsberg.com/medical-malpractice/ob-gyn-malpractice); - [Cancer misdiagnosis](https://www.fuchsberg.com/medical-malpractice/cancer-misdiagnosis); - [DVT misdiagnosis](https://www.fuchsberg.com/medical-malpractice/dvt-misdiagnosis); - [Stroke misdiagnosis](https://www.fuchsberg.com/medical-malpractice/stroke-misdiagnosis); - [Meningitis misdiagnosis](https://www.fuchsberg.com/medical-malpractice/meningitis-misdiagnosis); - [Abdominal aortic aneurysm (AAA) misdiagnosis](https://www.fuchsberg.com/medical-malpractice/abdominal-aortic-aneurysm); - ‍[Pulmonary embolism misdiagnosis](https://www.fuchsberg.com/medical-malpractice/pulmonary-embolism).; - [Diabetic ketoacidosis](https://www.fuchsberg.com/medical-malpractice/diabetic-ketoacidosis). ### [Hospital Negligence](https://www.fuchsberg.com/medical-malpractice/hospital-negligence) When medical malpractice is caused by an employee at a hospital, a claim may be brought against the hospital. Claims may be brought for any type of hospital negligence, including: - [Surgical errors](https://www.fuchsberg.com/medical-malpractice/surgical-errors); - [Nursing malpractice](https://www.fuchsberg.com/medical-malpractice/nursing-malpractice); - [Pediatric malpractice](https://www.fuchsberg.com/medical-malpractice/pediatric-medical-negligence); - [Plastic surgery malpractice](https://www.fuchsberg.com/medical-malpractice/plastic-surgery-malpractice-attorney); - [Emergency room malpractice](https://www.fuchsberg.com/medical-malpractice/emergency-room-malpractice-attorney). Typically, doctors are independent contractors of hospitals, shielding hospitals from liability for physicians. However, this is not always the case, as some physicians are employed directly by the hospital. An experienced medical malpractice lawyer can review your potential claim and determine whether you may have a hospital negligence claim, including a claim against a specific facility such as [Montefiore Medical Center](https://www.fuchsberg.com/medical-malpractice/montefiore-medical-malpractice-lawyer) and [Kingsbrook Jewish Medical Center](https://www.fuchsberg.com/medical-malpractice/kingsbrook-medical-malpractice-lawyer). ### [Medical Errors](https://www.fuchsberg.com/medical-malpractice/medical-errors) Even a routine surgical procedure can go wrong and permanently affect a patient. Common types of surgical and medical errors that may qualify as malpractice include: - [Anesthesia errors](https://www.fuchsberg.com/medical-malpractice/anesthesia-errors), including administering anesthesia improperly or giving a patient the wrong amount, causing brain damage or other types of health problems; - [Gallbladder surgery errors](https://www.fuchsberg.com/medical-malpractice/colorectal-gallbladder-surgeries), including laparoscopic cholecystectomy surgery and traditional surgery via the abdomen; - [Abdominal injuries](https://www.fuchsberg.com/medical-malpractice/abdominal-injuries), such as bowel perforation, bile duct damage, or organ laceration caused by negligent surgical technique or failure to recognize complications in time; - [Prescription errors](https://www.fuchsberg.com/medical-malpractice/prescription-errors), including administering an incorrect medication or the incorrect dosage of a medication; - [Cardiac catheterization errors](https://www.fuchsberg.com/medical-malpractice/cardiac-catheterization-errors), including improper procedure technique; - Causing an infection in the patient by using improperly sterilized surgical instruments; - Causing damage to a patient’s nerves, organs, or tissues during the surgical procedure; - Failing to provide proper post-surgical care to the patient; - Leaving a surgical instrument inside the patient’s body; - Operating on the wrong part of the body; - Performing the wrong type of surgery on the patient. Other errors include a pharmacist issuing the wrong drug, failure to counsel on medication interactions, plastic surgery errors, nursing home malpractice, and faulty medical devices. ### [Medical Product Liability](https://www.fuchsberg.com/new-york-product-liability-lawyer) Patient harm is not always caused by doctor errors; it often stems from manufacturing defects. When [dangerous drugs](https://www.fuchsberg.com/class-action-product-liability/dangerous-drugs) or faulty equipment cause injury, a [New York medical device lawyer](https://www.fuchsberg.com/class-action-product-liability/new-york-medical-device-lawyer) with advanced knowledge and skills can help determine liability. We handle a wide range of product liability cases, including: - [Depo-Provera lawsuits](https://www.fuchsberg.com/new-york-product-liability-lawyer/depo-provera-lawsuits) regarding severe side effects; - The [Elmiron lawsuit](https://www.fuchsberg.com/class-action-product-liability/elrmiron-lawsuit) for patients suffering from vision damage; - The [Ozempic lawsuit](https://www.fuchsberg.com/new-york-product-liability-lawyer/ozempic-lawsuit) linked to gastrointestinal injuries; - [Exactech lawsuits](https://www.fuchsberg.com/class-action-product-liability/exactech-lawsuits) involving defective joint implants; - Complex claims requiring experienced [transvaginal mesh lawyers](https://www.fuchsberg.com/class-action-product-liability/transvaginal-mesh-lawyers); - The [Philips lawsuit](https://www.fuchsberg.com/class-action-product-liability/philips-lawsuit) concerning recalled CPAP breathing machines; - [Olympus scope infection lawsuits](https://www.fuchsberg.com/class-action-product-liability/olympus-scope-infection) involving contaminated endoscopes and duodenoscopes that can transmit drug-resistant infections. ## Medical Malpractice in Government Facilities Medical negligence does not only occur in private hospitals and clinics. Patients at federal and government-run facilities face distinct legal processes when seeking accountability for substandard care. ### [VA Hospitals and Military Medical Centers](https://www.fuchsberg.com/medical-malpractice/military-medical-malpractice) Veterans and military families who receive care at federal facilities, such as VA hospitals, must follow different legal procedures when filing malpractice claims. These cases fall under the Federal Tort Claims Act (FTCA) and require attorneys who know how to handle federal court procedures, strict filing deadlines, and administrative requirements, including Standard Form 95 administrative claims. Federal cases also involve bench trials before federal judges rather than jury trials, and they often raise sovereign immunity exceptions that require advanced legal knowledge. ### [Prison Medical Facilities](https://www.fuchsberg.com/civil-rights/prison-medical-malpractice-attorney) Incarcerated individuals have the right to adequate medical care under the [Eighth Amendment to the United States Constitution](https://constitution.congress.gov/constitution/amendment-8/). Prison malpractice cases hold correctional facilities accountable when they fail to provide proper treatment. Delayed diagnosis, denied treatment, and inadequate emergency care in prisons can lead to preventable deaths and permanent injuries. ## Requirements for Medical Malpractice Lawsuits in New York When you file a medical malpractice case in New York, the burden of proof rests with you to show a direct relationship between the defendant's actions and your injuries. These cases are among the most challenging personal injury matters and require legal and medical knowledge to pursue effectively. According to the [United States National Library of Medicine](https://www.ncbi.nlm.nih.gov/books/NBK470573/), medical malpractice occurs when a physician deviates from established and accepted medical protocols, resulting in incorrect or absent treatment. Doctors, nurses, pharmacists, diagnostic imaging technicians, and manufacturing companies are among the many parties who could potentially commit malpractice. Your claim must meet all four of the following criteria: - **Duty of care:** The person or organization accused of malpractice had the legal and moral obligation to treat your medical issue. Establishing that a doctor-patient relationship existed at the time of the negligent act is generally straightforward. - **Breach of care:** You must prove that the care you received failed to meet what the medical community considers an acceptable standard of care. Juries focus on the level of care that a provider with similar training and experience would provide in the same situation. Both sides typically rely on expert testimony. - **Cause and effect relationship:** You must prove that the provider's failure to meet the duty of care caused an injury. - **Damage:** You and your attorney must demonstrate that the act of malpractice directly caused the medical complications you experienced. Expect the defendant's attorney to argue that you caused the injuries yourself or are exaggerating their severity. ## Deadlines and Exceptions for Filing in New York Each state establishes its own statute of limitations for medical malpractice claims. Under [New York Civil Practice Law and Rules Section 214-a](https://www.nysenate.gov/legislation/laws/CVP/214-A), the general rule is that you have 30 months (or 2.5 years) from the date of the injury to file your claim. There are important exceptions: - **Continuous treatment rule:** If the error occurred during a course of treatment, the 30-month period does not begin until after the prescribed treatment has been completed. - **Discovery rule:** In surgical cases where a patient discovers that an instrument was left inside their body, the patient has 12 months from the date of discovery, not the date of surgery. - **Minor children:** If a child is the victim of malpractice, technically, the filing deadline does not begin until they turn 18, but the statute of limitations cannot extend beyond 10 years from the date of the malpractice. - **Government facilities:** Claims against city or municipal hospitals require a [Notice of Claim under New York General Municipal Law Section 50-e](https://www.nysenate.gov/legislation/laws/GMU/50-E) filed within 90 days of the incident. However, other deadlines may apply depending on whether it’s a federal healthcare facility. Therefore, it’s best to contact one of our experienced attorneys as soon as possible so you don’t miss a filing deadline. Missing the applicable deadline permanently bars your right to file. ## Deadlines in Malpractice Cases Are Strict and Vary by Situation Reach out to Jacob D. Fuchsberg Law Firm today so our attorneys can assess your timeline, protect your right to file, and explain your legal options at no cost. [Book a Free Consultation](https://www.fuchsberg.com/contact) ## Recovering Compensation for Medical Negligence New York provides two categories of compensation for patients who prevail in medical malpractice cases. ### Economic Damages Economic damages cover actual financial losses, such as: - Medical expenses, including anticipated future costs for surgery, medication, physical therapy, and home modifications; - Lost wages for time missed from work due to the negligent actions of the defendant; - Loss of future earning capacity if the injury prevents the patient from working at the same level as before. ### Non-Economic Damages Non-economic damages cover subjective losses, including: - Loss of enjoyment of life when the error prevents a person from engaging in activities they previously valued; - Loss of consortium, referring to the inability to maintain an intimate or companionate relationship with a spouse or partner; - Pain and suffering, including both physical pain and emotional difficulties such as depression, anxiety, and post-traumatic stress disorder. Punitive damages are rare but available in New York when a jury finds the defendant's conduct morally reprehensible rather than simply reckless. ### No Cap on Damages in New York New York is one of the few states that does not cap non-economic damages in medical malpractice cases. This means there is no arbitrary limit on what you can receive for pain and suffering. The amount is determined by the jury based on the facts of your case. ## Advising and Representing Families and Children Injured by Medical Negligence Parents trust pediatricians to provide reasonable care and do no harm. Medical malpractice cases involving children are often especially sensitive and emotionally demanding. The attorneys at Jacob D. Fuchsberg Law Firm have generations of experience handling these matters. We have worked on hundreds of pediatric medical negligence cases, including those related to: - Birth injuries and covering the long-term cost of care for the child's future needs; - Pediatric hospital errors; - Prescription dosage errors; - Cardiac surgeries such as bypass procedures and valve replacements; - Failure to diagnose a condition in a timely manner. Damages in pediatric cases are typically compensatory, intended to cover a child and family's lifetime needs. Compensation can be substantial, and victims may require an experienced malpractice lawyer to demonstrate to the court their long-term medical needs and future care costs. team ## Attorneys Who Can Help with Your Medical Malpractice Case [View All Team Members](https://www.fuchsberg.com/attorneys) reviews ## contact us Get a Free Case Evaluation from Our Medical Malpractice Lawyers in NYC Based in New York City, our New York medical malpractice attorneys work with individuals and families of those injured in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, and Long Island. We invite you to learn more about why clients choose us. To speak with one of our skilled medical malpractice lawyers in New York, call [(212) 869-3500](tel:+12128693500) or complete the [free case evaluation](https://www.fuchsberg.com/contact) form below. - We are available to you 24/7. - Compassionate in our approach. - Don’t Pay Unless We Win. FAQ ## FAQs About Our Law Firm FAQ ## Frequently Asked Questions **Yes.** Under CPLR 3012-a, your attorney must certify that a qualified medical expert was consulted and believes the claim has merit. This requirement makes experienced malpractice counsel essential. - Is a certificate of merit required to file a medical malpractice lawsuit in New York? Lavern's Law allows the 2.5-year malpractice deadline in certain cancer misdiagnosis cases to start when the failure to diagnose is discovered, rather than when the negligence occurred. It can preserve claims that would otherwise be time-barred. - What is Lavern's Law and how does it affect my filing deadline? You may be able to sue both. Hospitals can be held responsible for the negligence of their employees and, in some cases, for systemic failures or for the acts of staff who reasonably appeared to be hospital employees. - Can I sue the hospital, or only the individual doctor? These cases typically take two to three years or more because they require extensive record review, expert testimony, and often hard-fought litigation. We pursue resolution as efficiently as the facts allow. - How long does a medical malpractice case take in New York? There is no upfront cost. We advance the significant expenses these cases require, including expert fees, and collect attorney's fees only if we win compensation for you. - How much does it cost to hire a medical malpractice lawyer in NYC? resources ## Our Latest Medical Malpractice Insights --- Jacob D. Fuchsberg Law Firm — [https://www.fuchsberg.com/medical-malpractice](https://www.fuchsberg.com/medical-malpractice)