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Jacob D. Fuchsberg Law Firm: The Firm Nassau County Patients Turn To
The Jacob D. Fuchsberg Law Firm has handled malpractice cases in New York for generations. Our founder, Judge Jacob Fuchsberg, secured the first million-dollar personal injury verdict in the country. Today, our attorneys are named among Forbes' "Best Personal Injury Lawyers in NYC", serve on the boards of New York's leading trial lawyer associations, and regularly train other attorneys in malpractice litigation.
Our Nassau County medical malpractice lawyers build every case from the medical record up, supported by a network of independent medical witnesses across every relevant specialty. Our 97% success rate reflects four decades of always being the most prepared lawyers in the room. No fees unless we win.
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The Legal Standard for Medical Negligence in New York
Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected of a reasonably competent professional in the same field, and that failure directly harms the patient. A bad outcome alone is not malpractice. The question is whether a provider with similar training, in a similar situation, would have acted differently.
Parties who may be held liable in Nassau County malpractice cases include:
- Attending physicians from all medical disciplines and departments;
- Surgeons and anesthesiologists;
- Nursing staff and physician assistants;
- Hospital systems and their employed staff;
- Nursing home facilities and long-term care providers;
- Pharmacists and retail pharmacy chains;
- Medical device manufacturers and pharmaceutical companies.
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Not Sure What Happened Was Even Malpractice?
Tell us what happened and our attorneys will give you a direct answer about whether you have a case and what it's worth. No pressure, no legal jargon, just honest answers.
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Malpractice Claims We Pursue in Nassau County
Birth Injuries and Obstetric Malpractice
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 in Nassau County include:
- Excessively prolonged labor that injures the mother, baby, or both;
- Excessive vaginal bleeding, with or without hemorrhaging;
- Failure to administer anesthesia properly during a vaginal birth or Cesarean section;
- Gestational diabetes that was improperly monitored and caused avoidable complications;
- Injuries sustained during labor and delivery, such as shoulder dystocia, nerve damage, or other harm to the infant during birth;
- Cerebral Palsy;
- Placental abruption or placenta previa;
- Erb's Palsy;
- Baby opioid addiction;
- Hypoxic ischemic encephalopathy (HIE);
- Prematurity caused by medical errors;
- Surgical error during a Cesarean section;
- Maternal death.
Medical Misdiagnosis and Failure to Diagnose
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
- Cancer misdiagnosis of any type
- DVT misdiagnosis
- Stroke misdiagnosis
- Meningitis misdiagnosis
- Abdominal aortic aneurysm (AAA) misdiagnosis
- Pulmonary embolism misdiagnosis
- Cardiac emergency misdiagnosis
- Pediatric illness missed or misread in children
Hospital and Nursing Staff Negligence
When medical malpractice is caused by an employee at a Nassau County hospital, a claim may be brought against the hospital itself. Claims may be brought for any type of hospital negligence, including:
- Surgical errors
- Nursing malpractice
- Pediatric malpractice
- Plastic surgery malpractice
- Emergency room malpractice
Typically, doctors are independent contractors of hospitals, which can affect whether the hospital bears liability for a physician's conduct. However, some physicians are employed directly by the hospital. Our dedicated Nassau County medical malpractice attorneys will review your potential claim and determine whether a hospital negligence case applies to your situation.
Surgical Errors and Medical Mistakes
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 in Nassau County include:
- Anesthesia errors, including administering anesthesia improperly or giving a patient the wrong amount, causing brain damage or other serious health complications;
- Gallbladder surgery errors, including laparoscopic cholecystectomy surgery and traditional surgery via the abdomen;
- 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, including administering an incorrect medication or the incorrect dosage of a medication;
- 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;
- Failure 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.
Nursing Home and Long-Term Care Malpractice
Nassau County has a large elderly population, and nursing homes throughout the county carry legal obligations to deliver adequate medical care. When facilities fail through understaffing, medication mismanagement, delayed response to a deteriorating resident, failure to prevent pressure sores or infections, or inadequate fall prevention, residents can suffer serious and irreversible harm. These claims can also implicate civil rights principles when neglect rises to the level of deliberate indifference.
Defective Medical Devices and Dangerous Drugs
Patient harm is not always caused by a provider's clinical decision. It often stems from manufacturing defects in medical devices or dangerous side effects from pharmaceutical products.
We handle a wide range of product liability cases, including:
- Depo-Provera lawsuits regarding severe side effects;
- The Elmiron lawsuit for patients suffering from vision damage;
- The Ozempic lawsuit linked to gastrointestinal injuries;
- Exactech lawsuits involving defective joint implants;
- Transvaginal mesh claims;
- The Philips lawsuit concerning recalled CPAP breathing machines.
Public Hospitals, Federal Facilities, and Correctional Medical Facilities
Government-run and federally operated medical facilities have their own filing rules and deadlines that differ from those for private hospital claims.
Suing Nassau University Medical Center
NUMC is a county-owned public hospital. Claims against it require a Notice of Claim within 90 days of the incident under New York General Municipal Law Section 50-e, an earlier, separate deadline that is distinct from the standard 2.5-year limitation period. Missing it permanently bars your right to sue.
VA Hospitals and Federal Medical Centers Under the FTCA
VA and federal facility claims are handled under the Federal Tort Claims Act (FTCA). A Standard Form 95 administrative claim must be filed before any lawsuit begins. These cases are resolved by bench trials before federal judges, not juries.
Medical Malpractice in Prisons and Detention Facilities
Incarcerated individuals retain Eighth Amendment rights that dictate prisoners get adequate medical care. Our firm secured a record-setting $3 million settlement against the Federal Bureau of Prisons in an inmate abuse case.
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You Don't Have to Figure This Out Alone
Proving malpractice requires expert medical witnesses, detailed record reviews, and extensive legal experience. We provide these resources on a contingency basis, so you pay nothing unless we win your case.
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The Four Pillars of a Malpractice Claim in New York Courts
To succeed in a Nassau County medical malpractice case, your attorney must establish all four of the following elements:
- Duty of care. A provider-patient relationship existed at the time of the negligent act. This imposes a legal and professional obligation on the provider to treat you competently.
- Breach of the standard of care. The care delivered fell below what a reasonably competent provider with similar training and experience would have delivered in the same situation. Both sides typically present independent medical testimony on this point. Juries evaluate what a similarly trained provider would have done, not what an idealized provider would have done in a perfect setting.
- Direct causation. The provider's failure directly caused your injury. Defense counsel frequently challenges causation by arguing that a pre-existing condition, rather than the provider's conduct, accounts for the patient's current condition. Strong independent medical testimony and a thorough record review are what carry this element.
- Actual damages. The injury produced real, documented harm, whether physical, financial, or both. Courts do not award compensation for errors that caused no measurable harm to the patient.
Malpractice cases are among the most contested in New York civil litigation. They require legal skill and genuine medical knowledge in equal measure. Our Nassau County medical malpractice lawyers bring both.
Nassau County Malpractice Cases and New York's Statute of Limitations
Under New York Civil Practice Law and Rules Section 214-a, the standard statute of limitations is 30 months (two and a half years) from the date of the negligent act. Several exceptions alter that calculation:
- Continuous treatment rule: The clock starts at the end of the treatment course, not the date of the specific error.
- Discovery rule for retained objects: Patients have 12 months from the date a retained surgical instrument is discovered.
- Minor plaintiffs: The period generally does not begin until the child turns 18 but cannot extend beyond 10 years from the date of malpractice.
- NUMC and municipal hospitals: Notice of Claim must be filed within 90 days under General Municipal Law Section 50-e, separate from the standard limitations period.
- Federal facilities (FTCA): Different administrative timelines and prerequisites apply.
A missed deadline permanently extinguishes your right to file, so don’t wait, and contact our office as soon as you suspect something is wrong.
Categories of Compensation Available Under New York Law
Financial and Economic Losses
- Past and anticipated future medical expenses, including surgery, rehabilitation, home care, and equipment.
- Lost wages and loss of future earning capacity.
- Out-of-pocket costs directly tied to negligence.
Pain, Suffering, and the Human Cost of Negligence
- Physical pain and ongoing discomfort.
- Emotional anguish, including anxiety, depression, and PTSD.
- Loss of enjoyment of life and previously valued activities.
- Loss of consortium for spouses and domestic partners.
New York Imposes No Ceiling on Pain and Suffering Awards
New York is one of the few states that places no statutory limit on non-economic damages in medical malpractice cases. A Nassau County jury determines the full extent of compensation for pain and suffering based solely on the evidence. Punitive damages are available in cases involving especially reckless or willful conduct, though they are rarely awarded.
When Children and Newborns Are the Victims
Injuries at birth or in early childhood can affect a person's entire life. Damages in these cases must account for lifetime medical costs, ongoing care, lost future earnings, and long-term quality of life, and they require both independent medical and economic witness testimony to support those projections in court.
Our Nassau County medical malpractice attorneys have handled hundreds of pediatric malpractice matters, including:
- Birth injuries with long-term cognitive or physical consequences;
- Failure to diagnose a serious childhood illness before it progressed;
- Incorrect medication dosages administered to pediatric inpatients;
- Cardiac surgery complications in minor patients;
- Surgical procedures performed without adequate post-operative monitoring.
New York's Medical Indemnity Fund provides structured future medical benefits for children who suffered birth-related neurological injuries through malpractice, reducing the need for continued litigation to cover long-term care. Our attorneys assess eligibility at the start of every relevant case.
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