Jacob D. Fuchsberg Law FirmMedical Malpractice

New York's Premier Hospital Negligence Lawyer Helps You Pursue Justice and Accountability

If you or someone you know has been harmed as a result of hospital negligence, the situation can be overwhelming and confusing. It's essential to understand your legal rights and options in such a situation. Our team of experienced hospital negligence lawyers is here to help injured patients navigate this challenging time. We have successfully recovered compensation for a range of malpractice claims, including wrongful death and emergency room error claims.

The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team
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Our Notable Medical Malpractice Verdicts & Settlements

Medical Malpractice


Negligent Emergency Room care causes serious, permanent damage from stroke

Medical Malpractice

$2.3 Million

Married father of three, died when a hospital didn't respond to his elevated heart rate

Medical Malpractice


Breast cancer misdiagnosed on a mammogram

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Our Trusted Hospital Negligence Lawyers Explain Your Legal Rights After a Negligent Injury in a Hospital

Our Trusted Hospital Negligence Lawyers Explain Your Legal Rights After a Negligent Injury in a Hospital

At the Jacob D. Fuchsberg Law Firm, our trusted hospital neglect lawyers are here to guide you through the complexities of the legal system and ensure that your rights are protected following a negligent injury in a hospital.

With our extensive knowledge of federal and state law and our experience handling hospital negligence lawsuits in New York, we understand the challenges you may face and the importance of seeking justice.

Our team of dedicated lawyers combines legal skill with a deep understanding of medical practices, allowing us to provide comprehensive representation and fight vigorously on your behalf.

We're committed to holding negligent hospitals, emergency rooms, and medical providers accountable and obtaining the maximum compensation you deserve for your injuries or newly contracted medical conditions. Whether they are hospital employees or independent contractors, you can count on us to hold them accountable.

How Do You Know You Have a Case for Hospital Negligence in New York?

Determining whether you have a valid claim for hospital negligence in New York involves a detailed analysis of the circumstances surrounding your injury or harm. Here are some factors to consider :

Duty of Care

Hospital staff and other healthcare providers have a duty to provide reasonable medical care to their patients, meaning they must provide treatment that meets established standards. This includes thoroughly reviewing the patient's medical history and performing all proper tests.

Breach of Duty

It must be demonstrated that the healthcare provider breached their duty of care through negligent actions or omissions. This could include incorrect or delayed diagnosis, surgical mistakes, medication errors, or inadequate care.


There must be a direct link between the healthcare provider's negligence and the injury or harm you suffered. It must be proven that this negligence directly caused or significantly contributed to your personal injury.

Measurable Harm

To pursue a hospital negligence case, you must have suffered measurable harm, such as severe injuries, emotional distress, additional medical expenses, lost income, or diminished quality of life as a direct result of the actions of a hospital employee. And this harm or loss must occur after the hospital fails to maintain a proper standard of treatment.

Consultation with medical experts is often necessary to evaluate the care provided by the healthcare professional and determine whether the doctor failed to maintain the proper standard of care.

It's essential to consult with an experienced hospital negligence attorney who can assess the merits of your case, gather evidence, interview experts, and navigate the complex legal landscape in New York.

They’ll help decide whether you have a viable case for hospital negligence and guide you through the legal process to seek the compensation you deserve.

Types of Hospital Negligence Cases for Which You May Win Damages

Hospital negligence can take various forms and lead to complicated injuries and wrongful death. Here are some of the most common types of medical negligence cases our legal team handles.

Emergency Room Negligence

The emergency room is often a chaotic environment where the smallest mistakes can have disastrous outcomes, including serious injury and even death. One common example of emergency room negligence is mistaking critical patients for non-critical patients. Our veteran attorneys investigate misdiagnosis, delayed treatment, and other emergency room errors to fight for your rights and secure necessary compensation.

Surgical Errors

Trust our team to pursue restitution for surgical errors. We'll investigate wrong-site surgery, anesthesia mishaps, failure to identify blood clots, hospital-acquired infections, and other medical errors to hold careless medical professionals accountable.

Nursing Malpractice

When nurses fall short of their duties, we'll advocate fiercely on your behalf. Our meticulous approach uncovers medication errors, inadequate monitoring of a patient's condition, misuse of medical equipment, and substandard care on the part of hospital staff to protect your rights and seek fair compensation.

Pediatric Malpractice

The Jacob D. Fuchsberg Law Firm proudly champions the rights of young patients. With ample experience in pediatric negligence, we fight to right wrongs in cases involving misdiagnosis, treating the wrong patient, medication errors, birth injuries, and surgical mistakes that impact the patient's body.

Plastic Surgery Malpractice

Our skilled attorneys are also qualified to handle plastic surgery malpractice cases, addressing failed procedures, anesthesia complications, serious injuries, and post-operative care to seek compensation for medical bills and other aspects of your recovery.

Take the First Step Toward Justice — Schedule Your Free Consultation Today

Have you suffered due to the negligence of a hospital? Contact our experienced hospital negligence law firm now to schedule a free consultation to discuss your case. Don't wait — let us fight for your rights and secure the compensation you deserve, such as compensation for pain and suffering and lost wages.

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Specific Examples of Hospital Negligence

  • Amputation of the wrong body part or infection from amputation;
  • Bed and pressure sores due to lying in one position too long without staff checking on the patient;
  • Clostridium Difficile, MSSA, MRSA, or another infection the patient acquires in a hospital;
  • Dispensing the wrong medication or wrong strength of a medication;
  • Failure to monitor the patient’s fluid levels;
  • Failure to order the correct diagnostic test;
  • Misdiagnosis;
  • Birth Injuries;
  • Forcing the patient to wait too long in the emergency room for care because a medical provider assumed his or her situation was not serious;
  • General failure to provide a duty of care;
  • Improper supervision;
  • Improper treatment for the patient’s condition;
  • Inadequate levels of staffing;
  • Emergency Room Errors;
  • Incorrectly reading the results of a diagnostic test and medical records;
  • Omission errors, including the failure to administer an antibiotic;
  • Surgical error, including operating on the wrong patient, wrong body part, or performing the wrong surgery resulting in serious injury or disfigurement.;
  • Unwarranted delay in providing diagnosis, treatment, or surgery;

Hospital negligence can take various forms. Here are some of the most common types of medical negligence cases our legal team handles.

Damages You Can Win in Hospital Malpractice Cases

In hospital malpractice cases, the injured patient may be eligible to win various types of damages, including:

  1. Medical Expenses: Compensation for past and future medical care bills, including hospital stays, surgeries, treatments, medications, and rehabilitation;
  2. Lost Wages: Reimbursement for income lost due to the injury, including the inability to work during recovery or any long-term impact on your earning capacity;
  3. Pain and Suffering: Compensation for non-economic damages like physical and emotional pain, distress, and anguish caused by negligence, as well as the loss of enjoyment of life;
  4. Rehabilitation and Therapy Costs: Coverage for expenses related to ongoing therapies, rehabilitation, physical or occupational therapy, and necessary assistive devices;
  5. Disability or Disfigurement: Compensation for any long-term disabilities, serious injuries, impairments, or disfigurement resulting from the hospital's negligence;
  6. Emotional Distress: Monetary damages for psychological trauma, anxiety, depression, or other persistent emotional suffering;

In some cases, punitive damages may be available when a hospital provider acts willfully or maliciously in causing your injuries.

It's important to speak with an experienced New York hospital negligence lawyer to assess the specific damages applicable to your case and ensure that your rights are protected throughout the legal process.

Our Winning Approach: How We Handle Your Hospital Negligence Case

When you trust us to take on your hospital negligence case, you'll receive the following advantages:

  • Thorough Case Evaluation: During your free consultation, we'll analyze your case, review your medical records, and explain your potential options.
  • Strategic Development: We'll formulate a tailored legal strategy based on research and precedent.
  • Strong Evidence Base: We'll gather compelling evidence to support your claim that other medical providers would not have caused your injury.
  • Expert Collaboration: We'll work with renowned medical experts and other medical professionals within the field in question who are experienced and qualified to provide professional insights to strengthen your case.
  • Negotiation and Settlement: We'll seek a fair settlement, but we're prepared for litigation if necessary.
  • Transparent Communication: We'll keep you informed and address your concerns throughout every step of the process.

You can count on us to advocate tirelessly for your rights, hold negligent healthcare professionals accountable, and obtain the compensation you need to begin the healing process.


Our Clients’ Reviews


I cannot rate the firm any higher! we are extremely happy with the service we received from Brad, Chris and the team. We are northern Irish citizens and as such had no experience of the US justice system, Chris and Brad helped us navigate this and made sure we understood every step of the process and we were kept informed of what would happen with the case.

We also felt that Brad and Chris had a genuine interest in our story, what the implications for us as a family were and they were genuinely invested in how they could help our situation.

We were reassured by the manor in which Chris and Brad dealt with us and trusted that the advice we were given was always well balanced and in our best interests. We were extremely happy with the outcome the firm achieved for us and feel that we only got this outcome due to the hard work of Chris and Brad. I would not hesitate to recommend the firm to anyone who is considering a case and wants to feel as though they are really valued as a client.

Many thanks to the firm for all of their hard work on our behalf it truly is appreciated.

Leanne Montgomery




Let’s go to the beginning when I realize that I was going to need legal assistance because I was shocked that I was actually injured I called my fiancé and told her that I was going to need a lawyer, so she googled the top 5  personal injury law firms in NY and The Jacob Fuchsberg Law Firm came up. One of the representatives from the firm took the time to come personally to my home to see me, that immediately showed me that I was going to be able to make it through my pain and suffering they understood what I was going through and with patience, persistence, and diligence they were able to get the best results possible in settling my case. I highly recommend the Jacob Fuchsberg Law firm when the unexpected happens you will not be dissatisfied with the kind, courteous and professionalism that you would expect from a law firm.

Keith Middleton




Very satisfied with the representation I was given from this law firm.  I would recommend Fuchsberg to anyone with a unique situation such as mine. My attorney went above and beyond to ensure everything was done thoroughly and in a timely manner! Everything about this firm exceeded my expectations! Very special thank you to Chris,  Allison, and Brad!

Marie Price



Our Clients’ Reviews

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Don't Wait Another Day. Let Us Fight for Your Hospital Negligence Claim!

Take action now by scheduling a confidential consultation with our team of hospital malpractice lawyers. We're ready to listen, analyze your case, and provide the legal support you need to get the financial support and peace of mind you deserve.

The time to act is now. Reach out to us today to schedule your free case evaluation. Waiting could result in a partial or total loss of the compensation you deserve. Call now. A seasoned hospital malpractice attorney is ready to discuss your compensation claim and your options.

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Frequently Asked Questions

Who is responsible for hospital malpractice?

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In cases of hospital negligence, responsibility can be attributed to various parties involved in patient care. This may include doctors, physician's assistants, nurses, nurse's aides, surgeons, anesthesiologists, pharmacists, technicians, supporting medical staff, and the hospital itself.

Determining liability requires a careful assessment of the specific circumstances and the level of negligence exhibited by each party involved. Our experienced hospital negligence attorneys will thoroughly investigate your case to identify the at-fault parties and hold them accountable for their actions.

In some cases, determining liability is more easily accomplished than in others. The more complicated the case, the longer it can take to resolve your claim.

When should I call a New York hospital negligence attorney?

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It's advisable to contact a New York hospital negligence attorney as soon as you suspect that you or a loved one has been a victim of hospital malpractice. Prompt action is crucial to protect your rights and preserve evidence.

Additionally, New York has specific statutes of limitations dictating the time within which a legal claim must be filed. By meeting with a hospital negligence attorney early on, you can ensure that you’ll meet all important deadlines and that your case is thoroughly evaluated and pursued in a timely manner.

How long do I have to sue a hospital for negligence in New York?

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In New York, the statute of limitations for filing a hospital negligence lawsuit is generally two years and six months from the date of the alleged negligence or from when the injury was discovered or should have reasonably been discovered.

However, there may be exceptions and variations depending on the circumstances, such as cases involving minors or instances of continuous treatment.

As such, it's crucial to consult with an experienced hospital negligence lawyer who can provide accurate guidance specific to your case and ensure that you don't miss any important deadlines. Delaying legal action can jeopardize your ability to seek compensation for the harm you've suffered. It can also hamper evidence-collection efforts and make contacting witnesses difficult.