Medical Malpractice

What Classifies as Medical Malpractice in New York?

Medical malpractice occurs when a licensed healthcare professional, including a physician, surgeon, nurse, anesthesiologist, pharmacist, or hospital, deviates from the accepted standard of medical care, and that deviation directly causes harm, injury, or death to a patient. Under New York law, to succeed in a medical malpractice claim, it must be shown that: (1) a doctor-patient relationship existed, (2) the provider departed from the accepted standard of care, and (3) that departure directly caused injury or damages.

Common types of medical malpractice include:

  • Misdiagnosis or delayed diagnosis of a serious condition such as cancer, heart attack, or stroke
  • Surgical errors, including wrong-site surgery or leaving instruments inside the body
  • Anesthesia errors resulting in brain damage or death
  • Birth injuries caused by improper delivery techniques, including cerebral palsy or Erb’s palsy
  • Medication errors, wrong drug, wrong dosage, or dangerous drug interactions
  • Failure to obtain informed consent before a procedure
  • Hospital negligence, including nursing home abuse or inadequate monitoring

Medical Malpractice Attorney in New York

When you place your trust in a doctor, surgeon, or hospital, you expect a standard of care that protects your health and well-being. When that trust is violated, through a misdiagnosis, surgical error, medication mistake, birth injury, or failure to treat, the consequences can be devastating and life-altering. At the Law Office of David R. Darvish, P.C., we help victims of medical negligence hold healthcare providers accountable and pursue the full compensation they deserve.

What to Bring When Contacting Our Law Office

Identification: Valid government-issued ID.

Medical Records: All documentation of treatments, diagnoses, procedures, test results, and imaging related to the incident and your current condition.

Provider Information: Names, addresses, and contact details of every healthcare provider involved.

Photographs: Any visible physical evidence of your injury or harm.

Financial Records: Bills, receipts, and documentation of lost wages or earning capacity.

Written Timeline: A detailed account of what happened, when it happened, and how it has affected your life.

Witness Information: Names and contacts of anyone aware of the incident, including family members who observed your decline in health.

Insurance Information: Your health insurance details and any other applicable policies.

What Should You Do After Suffering Medical Malpractice?

Seek a Second Medical Opinion: Your health is the priority. See another qualified physician to address your injuries or worsening condition immediately. Be sure to document this new provider’s findings.

Request All Medical Records: You are entitled to your complete medical records under New York law. Gather all records, test results, imaging, prescriptions, and correspondence from every provider involved.

Document Your Experience: Keep a personal journal of your symptoms, how they have changed, and how the injury has affected your daily life, including your ability to work, care for your family, and enjoy activities you once could.

Preserve All Bills and Financial Records: Medical malpractice can result in enormous financial burden. Keep every receipt, bill, and invoice related to your medical care, lost income, and other out-of-pocket costs.

Report the Incident: You may file a complaint with the New York State Department of Health or the hospital’s patient advocate. This creates an official record.

Contact a Medical Malpractice Lawyer Immediately: New York’s statute of limitations for medical malpractice claims is 2.5 years from the date of the act or from the end of continuous treatment. Acting quickly preserves your rights.

Why Hire the Law Office of David R. Darvish, P.C. for Your Medical Malpractice Case?

Choosing the right attorney after a medical malpractice incident can make a profound difference in the outcome of your case. At the Law Office of David R. Darvish, P.C., we bring over 20 years of experience practicing law in New York State, and we have the credentials, track record, and personal dedication to back it up.

Over Two Decades of New York Legal Experience

David R. Darvish, Lead Attorney, holds a JD from CUNY School of Law and has spent more than 20 years representing clients across personal injury, no-fault collections, and related practice areas throughout New York. His extensive background in both litigation and transactional matters means he understands how to fight effectively inside a courtroom and how to negotiate powerfully outside of one. David has been recognized by Super Lawyers as one of the top 5% of attorneys in New York State, a distinction earned by fewer than one in twenty practicing attorneys.

Personal Attention, Not a Case Number

David R. Darvish personally meets with clients to understand not only the legal facts of a case, but the full human story behind it, how an injury has impacted your finances, your family, your career, and your daily life. We believe that a strong attorney-client relationship built on trust and transparency is the foundation of effective legal advocacy.

Multilingual Services for New York’s Diverse Communities

New York is one of the most linguistically diverse places in the world, and we are proud to serve clients in their own language. Our office provides legal support in English, Spanish, Hebrew, Russian, Hindi, Persian (Farsi), and Mandarin, so no matter your background, you can communicate clearly and confidently with your legal team.

Conveniently Located Offices Across New York

With offices in Queens, Brooklyn, and Manhattan, the Law Office of David R. Darvish is accessible to clients throughout the New York metropolitan area. We understand that after an injury or legal crisis, traveling across the city can be a burden, which is why we strive to make working with us as convenient as possible.

No Fee Unless We Win

We handle medical malpractice cases on a contingency fee basis. That means you pay nothing unless we recover compensation on your behalf. You should never have to worry about upfront legal fees when you’re already dealing with the stress of an injury or legal challenge.

Frequently Asked Questions — Medical Malpractice

How do I know if I have a medical malpractice case?
If you believe a healthcare provider’s negligence caused you harm, such as a misdiagnosis, surgical error, or improper treatment, you may have a viable claim. The best way to find out is to schedule a free consultation with our team. We will evaluate the facts of your case at no cost to you.
New York’s statute of limitations for medical malpractice is generally 2.5 years from the date of the malpractice, or from the end of continuous treatment by the provider. Certain exceptions apply, including cases involving foreign objects left in the body or claims by minors. Acting early is critical, evidence can disappear and witnesses’ memories fade.
You may be entitled to compensation for medical expenses (past and future), lost wages and reduced earning capacity, pain and suffering, emotional distress, and in cases of wrongful death, damages for the family’s loss. Our attorneys will work to identify every category of damage applicable to your situation.
In most cases, yes. New York law typically requires the testimony of a qualified medical expert to establish what the accepted standard of care was and how the defendant deviated from it. Our firm works with experienced medical experts to build the strongest possible case on your behalf.
Signing a consent form does not mean you consented to negligent care. Informed consent only covers risks that were disclosed to you in advance. If a provider deviated from the standard of care, regardless of any form you signed, you may still have a valid medical malpractice claim.