Best Medical Malpractice Lawyers in New York for 2024

Medical malpractice can turn your life upside down; don't navigate it alone. Take the first step towards justice and compensation with the Best Medical Malpractice Lawyers in New York. To begin, choose any of the Med Mal Law Firms Near You listed below and request your 100% free legal consultation.

Best Medical Malpractice Attorneys

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Top Choice

New York Powerhouse

Free Consultation
morgan & morgan

$15 Billion+ Recovered

Free Consultation
Very Good

Record-Breaking Verdicts

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Top Choice
Top Choice
46 client reviews
46 client reviews

LVW Law Firm

  • LVW was an easy choice for our #1 pick. Widely recognized as the Best Medical Malpractice Lawyers in New York for 2024.
  • LVW Law firm has won several of the largest personal injury lawsuit verdicts in New York.
  • Take a moment to read their medical malpractice settlement claim reviews. Their clients literally LOVE them.
  • The list of awards, achievements and honors their medical malpractice lawyers have won goes on and on. Is there something they haven't won?
  • LVW attorneys are adept at medical negligence including misdiagnosis or delayed diagnosis, birth injuries, surgical errors, premature hospital discharge, hospital-acquired infections, failure to treat, anesthesia errors, and more.
  • Every case is a priority at LVW, where their medical malpractice attorneys leverage extensive knowledge and experience to secure justice.
  • They offer 100% Free, no obligation consultations 24x7. Call (929) 207-7363. Convenient locations near you, and virtual appointments available.


Medical Malpractice Attorney Reviews


verified client

Brett Leitner has been nothing short of amazing. From day one he has kept me apprised of the details of my case. He has been diligent in bringing my case to fruition. Everyone at his office has been personable and helpful.


verified client

Justin Varughese from the law firm of Leitner Varughese Warywoda PLLC represented our family in a wrongful death suit. His expertise and knowledge was beyond professional... I strongly recommend Justin to any person or family in need of a wonderful attorney...

Chelsea Paige

verified client

They are absolutely amazing! I have had other experiences with different types of attorneys from time to time- but never as wonderful as working with these superstars!


Experienced New York Medical Malpractice Lawyers

Brett Leitner

Esq. | Partner

Justin Varughese

Esq. | Partner

Nicholas Warywoda

Esq. | Partner


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    3,519 client reviews
    • M&M is the biggest personal injury firm in the country for a good reason. They focus on what clients care about most - getting maximum compensation for their injuries.
    • They demonstrate incredible persistence in refusing to settle medical malpractice compensation claims for less than top dollar. In fact, they bring more cases to trial than any other law firm in the country.
    • M&M is the titan of personal injury law in the US - 800+ attorneys and 2,000+ support staff in all 50 states including full-time medical malpractice experts. You want them on your side.
    • This is the law firm no defendant wants to face off against. They've secured a staggering $15 Billion+ in jury verdicts and settlements.
    • They offer Free Consultations 24x7. Call (866) 549-2161. Convenient locations near you, and virtual appointments available.


    Medical Malpractice Attorney Reviews

    Leigh B.


    Morgan & Morgan has made this process as pain free as possible so far. I feel heard and valued. It feels good to know that Morgan & Morgan has my back (literally)…

    Pattie R.


    Everyone has been caring, pleasant, professional, & stayed on top of everything. I would definitely use Morgan & Morgan again.

    Donald R.


    Sometimes you may feel overwhelmed or afraid and that can make someone not want to call an attorney. But with them they take the hard work for you and make it easy and make you feel comfortable.


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      Did you know?

      Medical errors are among the leading causes of death in the United States? In fact, a patient's odds of experiencing a medical error in a hospital setting are estimated to be about 1 in 25.

      75 client reviews
      Very Good
      Very Good
      75 client reviews
      • 24 offices nationwide, 500+ lawyers and staff, decades of combined litigation experience
      • Focuses on personal injury claims, medical negligence, auto accidents, truck accidents, slip and fall injuries, wrongful deaths, dog bites, and other personal injury actions
      • No Win, No Fee. Free Consultations available.
      • Over $1 Billion in compensation for clients to date
      72 client reviews
      Very Good
      Very Good
      72 client reviews
      • National law firm representing clients in all 50 states; contingency fee basis
      • More than 40 years of proven success
      • Assistance with medical negligence, car accidents, truck accidents, catastophic injuries, dog bites, pedestrian accidents, burn and brain injuries, and wrongful deaths
      • Recovered more than $2 billion on behalf of clients
      15 client reviews
      Very Good
      Very Good
      15 client reviews
      • Focuses on med mal, birth injuries, auto accidents, trucking accidents, motorcycle accidents, wrongful deaths, mesothelioma, brain injuries, and other personal injury claims
      • If you don’t win, you don’t pay
      • 40+ years of experience

      Get matched with a medical malpractice law firm in New York

      Best Overall Firm
      Best Overall Firm
      client ratings
      client ratings
      • Take a look at their achievements. Is there an award their lawyers haven't won?
      • American Academy of Trial Attorneys Premier 100 Award
      • National Top 100 Trial Lawyers Award
      • SuperLawyers Awards
      • Settlements Hall of Fame - Top New York Verdicts Award
      • National Academy of Jurisprudence Premier 100 Trial Attorneys Award
      • Top 100 Settlements in US Award
      • National Academy of Personal Injury Attorneys Award
      • Call 24x7 for 100% Free Consultations. (929) 207-7363

      Questions & Answers About New York Medical Malpractice Claims

      How do I know if I have a valid medical malpractice injury claim in New York?

      To determine if you have a valid medical malpractice claim, certain elements must be present and provable within the context of your specific situation. Here are the primary criteria that typically need to be met:

      Establishing a Doctor-Patient Relationship: You must show that you had a doctor-patient relationship with the healthcare provider you are suing. This means that you hired the physician and the physician agreed to be hired, thereby establishing that the physician owed you a duty of care.

      Breach of Standard of Care: Healthcare professionals are required to perform their duties according to the standards of the medical community. You must demonstrate that the healthcare provider failed to adhere to these standards. This breach of the standard of care is often established through expert testimony.

      Causation: It must be proven that the healthcare provider's negligence caused your injury. This often requires a medical expert to testify that the provider's action or inaction is what directly led to your harm.

      Damages: Finally, you must show that the injury resulted in specific damages. This could include physical pain, mental anguish, additional medical bills, or lost work and earning capacity.

      Here's how an experienced medical malpractice law firm might proceed to evaluate the validity of your claim:

      Medical Records Review: Obtain and review all medical records related to the treatment in question. These documents can provide crucial evidence regarding what happened.

      Consultation with a Medical Expert: Most jurisdictions require that a medical expert review your case to confirm that it has merit. An expert can validate whether the standard of care was breached and if that breach led to your injuries.

      Statute of Limitations: Check if your claim is within the time frame allowed by law. In many jurisdictions, there are strict deadlines for filing a medical malpractice lawsuit.

      If you suspect that you may have a medical malpractice claim, it is crucial to act promptly. Consulting with legal professionals who specialize in medical malpractice law in New York as soon as possible will give you the best chance to evaluate and pursue your claim effectively.

      What is the statute of limitations for medical malpractice in New York?

      In New York, the statute of limitations for medical malpractice claims is generally two years. This means you have two years from the date you knew or should have known of the injury to file a lawsuit. However, there is also a "statute of repose," which provides that a lawsuit cannot be filed more than four years after the date the medical act that caused the injury occurred, regardless of when you discovered the injury.

      There are some exceptions to these rules. For instance, when a minor is injured due to medical malpractice, they have three years from their eighteenth birthday to file a medical malpractice claim; however, the negligent action or omission in question must have occurred within the previous 10 years.

      Because there can be unique circumstances or exceptions in medical malpractice cases, it's critical to consult with an attorney as soon as possible to ensure that your legal rights are preserved. Legal professionals are updated on the current laws and any changes that may affect your ability to file a claim.

      Do I need an attorney to handle my medical malpractice claim in New York?

      It is highly advisable to have an attorney handle your medical malpractice claim, especially in New York, where the legal and medical systems are complex. Here are a few reasons why you should consider hiring an attorney for a medical malpractice claim:

      Expertise in Medical Malpractice Law: Medical malpractice law is a specialized field that requires an understanding of both legal and medical issues. An experienced attorney can navigate the intricacies of these cases, which can be daunting for someone without legal expertise.

      Investigation and Resources: Attorneys have the resources to conduct a thorough investigation of your claim. This includes obtaining medical records, interviewing witnesses, and consulting with medical experts who can testify about the standard of care and how it was breached.

      Valuation of Damages: Lawyers have the knowledge to accurately assess the full extent of your damages, including current and future medical expenses, lost wages, pain and suffering, and more. They ensure that any settlement offer adequately compensates you for your losses.

      Negotiation with Insurance Companies: Insurance companies often have teams of lawyers and adjusters who aim to minimize the company's payout on claims. An experienced attorney can negotiate with these companies to seek fair compensation for you.

      Handling Legal Procedures and Deadlines: There are many procedural rules and strict deadlines (statutes of limitations) in place for filing a medical malpractice lawsuit. An attorney can ensure that all necessary legal steps are taken within the required timeframes.

      Trial Preparation: If your case goes to trial, an experienced medical malpractice lawyer will be indispensable. They will prepare and present your case, including opening and closing statements, direct and cross-examination of witnesses, and submission of evidence.

      Contingency Fees: Most medical malpractice attorneys work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement allows you to pursue a claim without upfront legal fees.

      Given the complexity of medical malpractice claims and the formidable opposition from well-funded defense teams, having a knowledgeable attorney on your side is critical to protect your interests and enhance the chances of a successful outcome.

      What are the most common types of medical malpractice cases in New York?

      Medical malpractice occurs when a healthcare professional fails to provide the standard of care that is expected in their field, leading to harm, injury, or death to a patient. There are several types of medical malpractice for which one can potentially file a lawsuit, including but not limited to:

      Misdiagnosis or Delayed Diagnosis - This occurs when a healthcare provider fails to correctly diagnose a condition in a timely manner, potentially leading to a lack of treatment, incorrect treatment, or delayed treatment, which can worsen the patient’s condition.

      Surgical Errors - These can include operating on the wrong site, leaving surgical instruments inside the body, performing the wrong procedure, or causing injury during surgery.

      Birth Injuries - Mistakes that result in harm to a baby or mother during childbirth, which could include physical injuries during birth or failure to respond to signs of fetal distress.

      Medication Errors - Prescribing or administering the wrong medication or dosage, leading to adverse reactions or lack of treatment for the intended condition.

      Failure to Treat - Failing to provide appropriate treatment for a diagnosed condition, or failing to take necessary action when a patient's condition requires it.

      Anesthesia Errors - These can range from administering too much anesthesia to not monitoring the patient properly for signs of distress.

      Medical Product Liability - This involves harm caused by defective medical devices or drugs.

      Lack of Informed Consent - Failing to inform the patient of the risks, benefits, and alternatives to a proposed treatment or procedure, and the patient is injured as a result of undergoing the treatment without having the opportunity to make a fully informed decision.

      Hospital-Acquired Infections - If a patient acquires an infection due to unsanitary conditions or negligent care in a hospital setting, there may be grounds for a malpractice claim.

      Premature Discharge - Discharging a patient from medical care too early can lead to complications and adverse health outcomes.

      Failure to Perform Appropriate Follow-up - Not conducting follow-up tests, procedures, or appointments that are part of the standard of care, leading to complications or the worsening of a condition.

      Each of these instances must demonstrate that the healthcare professional breached the standard of care that a competent healthcare professional would have provided in similar circumstances, and that breach directly caused the injury or harm to the patient. If these elements are present, the patient, or their family, may have a valid claim for medical malpractice. Consulting with a top New York medical malpractice lawyer is crucial to evaluate and pursue such claims effectively.

      What qualifies as a birth injury in a medical malpractice case?

      A birth injury in a medical malpractice case refers to harm that comes to a baby during the birth process due to the negligent actions or inaction of healthcare providers. Common birth injuries that may result from medical malpractice include, but are not limited to, cerebral palsy, brachial plexus injuries (such as Erb's palsy), fractures, hypoxic-ischemic encephalopathy (HIE), and brain damage. To qualify as medical malpractice, it must be shown that the healthcare providers deviated from the accepted standard of care during delivery and that this deviation directly caused the injury to the child.

      What is the average settlement for a medical malpractice injury claim in New York?

      The average settlement for a medical malpractice claim can vary widely and is highly dependent on the specifics of each case, including the severity of the injury, the degree of negligence, and the lasting impact on the patient's life. As of my last update, specific average settlement figures for New York or any other region are not typically published due to the variance in cases and because many settlements are confidential.

      However, it's generally known that medical malpractice settlements can range from tens of thousands to several million dollars. Factors that can influence the settlement amount include:

      * The cost of past and future medical care required due to the malpractice
      * Lost wages and loss of earning capacity
      * The extent of the pain, suffering, and emotional distress experienced by the patient
      * Punitive damages, in cases of particularly egregious negligence

      In New York, as elsewhere, large settlements often reflect severe and life-altering injuries or death. It's also important to note that New York has no cap on economic or non-economic damages in medical malpractice suits, so the jury awards can be substantial if the case goes to trial and results in a favorable verdict for the plaintiff.

      For an accurate assessment of what a medical malpractice claim might be worth, it would be essential to consult with a top medical malpractice attorney who can evaluate the specifics of the case. All of the med mal law firms listed on this page offer 100% free legal consultations.

      How We Choose Our Top 5 New York Medical Malpractice Lawyers

      When you need to hire the best medical malpractice and personal injury lawyers in New York, don't trust just anyone - Elite Litigators has your back. Our rigorous research process involves sifting through thousands of med mal attorney and law firm profiles to help you find the most qualified lawyers in New York and throughout the US for your settlement compensation claim.


      Identify Potential Medical Malpractice Attorneys

      Looking for New York's best of the best? Our mission is rooted in the commitment to systematically identify stellar medical malpractice lawyers and law firms for your claim. Our proprietary selection process, unparalleled in its depth and precision, is the outcome of an exhaustive assessment of hundreds of thousands of attorney records. We highlight the best medical negligence lawyers in New York with standout experience and qualifications, commendable honors, and consistently outstanding client testimonials.


      Evaluate for Professionalism

      New York medical malpractice attorneys are evaluated on the full breadth of their professional accomplishments, from years in practice to recognition among peers, client reviews, leadership positions, academic achievements, publications & lectures, in legal areas including surgical errors, failure to diagnose and treat, birth injuries and more. We find outstanding the best New York medical malpractice attorneys dedicated to providing top-notch legal representation for your legal claim.


      Select Outstanding Med Mal Lawyers

      After thoroughly assessing the qualifications, experience, and reviews of the best medical malpractice lawyers in New York and throughout the US, our Elite Litigators list is created. Only a small percentage of all attorneys make the list, helping ensure you get world-class legal service. Whether you're looking for the best malpractice lawyer, birth injury lawyer, surgical error attorney, or wrongful death attorney, Elite Litigators has the right fit for your case.

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