New York’s Top
New York Medical Malpractice Lawyer
Protecting Injured Victims and their Familiesfor over 30 Years.
Injured in an Accident? We Can Help. Call for a Free Consultation. 24/7
212-808-8092Injured in an Accident? We Can Help. Call for a Free Consultation. 24/7
212-808-8092
Law Office of Brett J. Nomberg, PLLC has a top-rated New York medical malpractice lawyer who has been successfully helping injured people for over 30 years. At the Law Office of Brett J. Nomberg, PLLC, we treat clients like family. Right from the start, you will feel at ease working with a caring and compassionate medical malpractice attorney who is on your side. Check out our five-star Google reviews by actual former clients.
Our 5-star Google rating is a testament to our hard work and commitment to client satisfaction. At the Law Office of Brett J. Nomberg, PLLC, clients can easily reach their lawyer to ask questions about the case at any time. Our compassion and aggressiveness in court are why we continue to obtain settlement awards for our clients.
If you or a loved one was injured in a medical malpractice case in New York, call us for a free consultation to speak with a top-rated New York medical malpractice lawyer.
“Legal proceedings are always exhausting, but with you I felt confidence and peace of mind. Thank you for your patience, for always being in touch, and for explaining complex legal nuances in simple terms. I am very glad that I turned to you. The result exceeded my expectations!”
*Client testimonials reflect individual experiences and do not guarantee a similar outcome.
Brett Nomberg Law offers free consultations with no attorney fee unless you win. If you were injured due to someone else’s negligence, the Top New York Personal Injury Attorney is ready to hear your story. Call anytime — 24 hours a day, 7 days a week.
Mr. Nomberg has taken to verdict or settled each of the cases below, which represent only a handful of our successes. **
**Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.
To prove medical malpractice in New York, the doctor, nurse, dentist, or hospital must have “departed” from the accepted standards of medical care. For malpractice, the mistake must be of such a kind that other doctors with the same medical training would find the medical care not proper.
Also necessary to prove medical malpractice is showing that the “departure” of medical care was a “substantial factor” in causing injury to the patient. Not all mistakes by doctors cause injury to the patient. However, if a doctor fails to properly treat a patient and this departure results in an injury to the patient, then the doctor will be liable for malpractice. A minor injury will usually not warrant bringing a claim.
A separate cause of action also exists pursuant to the NYS Public Health Law for “lack of informed consent.” If a doctor fails to properly advise a patient concerning the risks and alternatives of an elective medical procedure, then the doctor may have violated the informed consent law.
Cancer misdiagnosis by a hospital or physician may warrant legal representation. In general, the earlier cancer is detected and treated, the more likely the disease may be eradicated.
Cancer is generally given stages by physicians to signify how far the disease has spread. The later the stages, the greater the spread of the cancer. The failure to properly read an x-ray, mammogram, or MRI that has suspicious masses may be a departure of accepted medical care. A woman should always taken an active role in receiving copies of their mammogram reports as doctors or their office staff have at times failed to inform a patient of a positive finding from such a test.
Surgical malpractice in New York is another frequent medical mistake that may warrant legal representation. Bowel perforations from abdominal surgeries that are left untreated and cause infection have led to verdicts against the surgeons. The failure to properly perform surgery involving hardware placement can lead to the need for additional surgeries and should be investigated by a medical malpractice attorney.
Strict time limitations exist to commence a medical malpractice claim in New York. The amount of time depends on who was injured, who the defendant is, the nature of the malpractice, and recent changes in the law. Once you suspect wrongdoing, you should promptly consult an experienced New York medical malpractice attorney.
In New York, the statute of limitations for medical malpractice is generally two years and six months from the date the malpractice occurred. The clock begins running from the date of the negligent act, not from when you discovered or should have discovered the injury.
If you were receiving continuous treatment from the same provider for the same condition, the 2.5-year period does not begin running until the last date of that treatment. This toll can significantly extend the time available to file a claim. This is not always a clear case of continuous treatment so it is better to seek legal advice as early as possible.
If a foreign object was mistakenly left in your body during a procedure, you have one year from the date you discovered or should have discovered the object to file a claim.
Effective November 2023, New York enacted a special limitations period for cancer misdiagnosis cases.
If the injured person was under age 18 at the time of the malpractice, the limitations period is tolled until the child turns 18, after which the standard 2.5-year period begins running. However, this toll cannot extend the limitations period beyond ten years from the date of the malpractice.
If the malpractice occurred at a municipal hospital, then a Notice of Claim must be filed within 90 days of the malpractice. Missing this deadline can bar your claim entirely, regardless of the 2.5-year statute of limitations. An action against a municipal hospital must then be commenced within one year and 90 days.
If the patient died as a result of the malpractice, a wrongful death claim must be commenced within two years of the date of death. Prompt legal consultation is essential to have someone appointed as the executor of the estate.
Because medical malpractice deadlines in New York are among the most complex in personal injury law, you should contact an experienced attorney as soon as you suspect wrongdoing. Missing any one of these deadlines can permanently bar your right to recovery.
In 2023 there were 398 medical malpractice claims filed against municipal hospitals in New York, and countless more filed against private hospitals. The total value of medical malpractice judgments against municipal hospitals that year was $51.5 million. If you’re one of the many New York State residents who has been harmed by their doctors, you may be able to hire a medical malpractice lawyer to help you file a claim, too. Your lawyer will help you with:
Working with a New York medical malpractice attorney allows you to focus on healing from your injuries while your lawyer handles all the details of your case.
Brett Nomberg personally handles every single case from trial through appeals. Speak directly to your lawyer—even on weekends. No attorney fee unless we win.
You can file a claim for medical malpractice in NY if a doctor or another healthcare provider directly caused you a personal injury as a result of providing substandard care. To file a claim successfully, you’ll need to prove all four elements of negligence, showing that a doctor had a duty to you as their patient, breached that duty, and directly caused you compensable harm as a result. You will also need to have another medical professional agree that there was medical malpractice that cause you personal injury. Your lawyer will help you find a medical expert in the same or similar field as the one who caused the harm.
There is no such thing as an average medical malpractice settlement in NY. Every case is very different, and settlement awards vary significantly. The amount of money you receive could depend on factors like the evidence in your favor proving the defendant departed from accepted medical care, the severity of your injuries, whether you have been left with permanent disability or disfigurement, whether you were in any way responsible for causing your injuries, and how skilled your attorney is at negotiating with insurance companies.
It is worth filing a claim against a doctor for malpractice if you suffered serious injuries and can prove that they were the result of a medical error made by a doctor or another healthcare provider on your team. Malpractice cases are generally more expensive and time consuming to litigate, so most cases will only be taken if the injuries are significant. Your lawyer can help you collect evidence that proves both the presence of your injuries and what caused them.
Surgeons often have claims filed against them, often involving high-risk procedures such as neurosurgery and thoracic-cardiovascular surgery. However, just because there are many claims does not mean there were successful verdicts or settlements against these doctors.
Protect yourself and your loved ones if you have been a victim and contact a medical malpractice lawyer in New York now.
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legal expenses at the conclusion of the case. Past outcomes do not guarantee every case will be successful.
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