Were you or a loved one injured in New York due to medical negligence? At Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, we understand the devastating impact of medical malpractice. For over a century, our dedicated team of medical malpractice lawyers in New York has been championing the rights of patients and families harmed by healthcare provider negligence. We are recognized leaders in this complex field, committed to securing justice and maximum compensation for our clients.
Our firm’s unparalleled expertise is underscored by our landmark achievements, including securing a record-breaking $120 million verdict in a New York medical malpractice case. This monumental victory stands as the #1 verdict in New York State across all practice areas in 2023, a testament to our relentless pursuit of excellence and client advocacy.
Partners Howard S. Hershenhorn and Marijo C. Adimey are recognized authorities, having authored the 2025 edition of “New York Medical Malpractice”, a definitive legal treatise. Furthermore, eleven of our attorneys are recognized in Best Lawyers in America for medical malpractice, with Richard Steigman honored as the 2022 “Lawyer of the Year” for Medical Malpractice Law – Plaintiffs in New York City. Jeffrey Bloom further exemplifies our leadership, co-chairing the Medical Malpractice Committee of the New York State Trial Lawyers Association.
Understanding Medical Malpractice in New York
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, deviates from the accepted standard of care, resulting in harm to a patient. This negligence can take many forms, from misdiagnosis and surgical errors to medication mistakes and birth injuries.
In essence, medical malpractice is negligence by a healthcare professional. When a doctor or other provider fails to meet the expected standard of medical practice, and this failure directly causes patient injury or death, they can be held liable for their actions. Under New York law, victims of medical malpractice are entitled to seek compensation for a range of damages, including:
- Past and Future Pain and Suffering: Compensation for the physical and emotional distress caused by the malpractice.
- Medical Expenses: Coverage for all medical costs incurred due to the malpractice, including ongoing and future treatment.
- Loss of Earnings: Reimbursement for lost wages, both past and future, resulting from the inability to work due to the injury.
- Loss of Services: Spouses or parents of injured minors can recover for the loss of companionship and support.
- Wrongful Death: In cases of fatal medical malpractice, the next of kin can seek compensation for their profound loss.
Choosing the Right Medical Malpractice Lawyer in New York
Selecting the best medical malpractice lawyer in New York is a critical decision that can significantly impact the outcome of your case. It is essential to choose an attorney with a proven track record of success in handling these complex and challenging cases, particularly in the courtroom.
While many lawyers may claim to be trial attorneys, few possess the actual experience and willingness to go to court. Many firms prioritize settlements, which may not always be in the best interest of the client. Our medical malpractice attorneys are distinguished trial lawyers with a demonstrated history of achieving exceptional results at trial.
Our record-breaking $120 million verdict in Westchester County exemplifies our trial prowess. This landmark victory, the largest of its kind in New York in 2023, involved a complex case where a 41-year-old man suffered devastating brain damage due to a misdiagnosed and untreated Basilar artery stroke. Despite the defense acknowledging the misreading of critical medical imaging, and arguing that the stroke’s severity rendered timely treatment irrelevant, our legal team meticulously demonstrated the profound and irreversible impact of the delayed diagnosis on our client’s life.
This case underscores our unwavering commitment to our clients and our preparedness to litigate aggressively to secure the full justice and compensation they deserve. While settlements can be a viable option, we are always ready to take a case to trial when it is necessary to achieve the most favorable outcome for our clients. Every medical malpractice case is unique, and we tailor our approach to meet the specific needs and goals of each client.
How Our Top New York City Medical Malpractice Lawyers Can Help
At Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf (GGCRBHS&M), our primary goal is to help you and your family recover from the devastating consequences of medical malpractice. We are dedicated to securing the financial compensation you need to access the best possible medical care and begin the journey of healing.
Our experienced New York City medical malpractice lawyers will conduct a thorough investigation into your case, working closely with highly qualified medical experts to build a compelling and persuasive claim. We understand the complexities of medical negligence cases and are adept at navigating the intricate legal and medical issues involved.
Throughout the legal process, we provide compassionate and attentive support, remaining responsive to your medical and legal needs. We meticulously prepare each case for trial, ensuring that every detail is addressed and that your rights are vigorously protected. When negligence has caused your family to suffer, you deserve maximum compensation, and we are here to fight for it.
Learn More About Medical Malpractice Law in New York:
- Types of Medical Malpractice Cases
- Contingent Fees for Medical Malpractice Lawyers
- Expert Witness Requirements
- Notice of Medical Malpractice Action
- Joan Rivers Medical Malpractice Case
- Notable Case Verdict
- Publications by Our Attorneys
Our New York medical malpractice lawyers at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf handle a wide range of medical negligence cases, including:
– Failure to Diagnose or Delay in Treatment**: Misdiagnosis or delayed diagnosis can have life-altering consequences.
- Failure to Diagnose Cancer: Delayed cancer diagnosis can significantly reduce treatment options and survival rates.
1. Birth Injury Lawyer**: Birth injuries can result in lifelong disabilities for children and emotional trauma for families.
- Gynecological Malpractice: Negligence during gynecological procedures can lead to serious complications.
- Hospital Negligence: Hospitals have a responsibility to provide a safe environment and competent care.
- Emergency Room Errors: Errors in the fast-paced emergency room setting can be particularly dangerous.
- Medication Errors: Mistakes involving medication can have severe and even fatal outcomes.
- Surgical Errors & Complications: Surgical errors are a leading cause of medical malpractice claims.
- Anesthesia Malpractice: Errors during anesthesia administration can result in catastrophic injuries.
- Extravasation of Chemotherapeutic Agents: Improper handling of chemotherapy drugs can cause severe tissue damage.
- Osteoradionecrosis: Radiation therapy complications, such as osteoradionecrosis, require specialized legal expertise.
We also collaborate with expert financial professionals, including accountants and analysts, to comprehensively assess the long-term financial impact of medical malpractice injuries. This includes calculating lost wages, future medical care costs, and other economic damages to ensure our clients receive fair and just compensation.
Contingent Fees for Medical Malpractice Lawyers in New York
Understanding attorney fees is an important consideration when seeking legal representation. In New York medical malpractice cases, attorney fees are typically contingent fees, meaning you only pay if we recover compensation for you.
New York Judiciary Law 474-A regulates contingent fees in medical malpractice cases, establishing a tiered percentage structure based on the amount recovered:
- 30% of the first $250,000 recovered
- 25% of the next $250,000 recovered
- 20% of the next $500,000 recovered
- 15% of the next $250,000 recovered
- 10% of any amount recovered exceeding $1,250,000
These percentages are calculated on the net sum recovered after deducting expenses and disbursements for expert witness fees, investigative costs, and other necessary expenses incurred by the attorneys in pursuing your claim. This contingent fee structure ensures that access to justice is available to everyone, regardless of their financial situation.
Expert Witness Requirement in New York Medical Malpractice Cases
In New York, pursuing a medical malpractice case requires the involvement of medical experts. New York Civil Practice Law and Rules section 3012-A mandates that a certificate of merit must accompany the initial complaint.
This certificate affirms that your attorney has consulted with a qualified medical expert who has reviewed the case and determined that there is a reasonable basis for initiating a medical malpractice lawsuit. This requirement underscores the complex medical nature of these cases and the necessity of expert medical opinions to support the claim of negligence.
Notice of Medical Malpractice Action in New York
In New York State, there are specific procedural requirements for medical malpractice lawsuits. Section 3406 of the NY Civil Practice Law and Rules stipulates that a notice of medical malpractice action is a mandatory form that must be filed with the court clerk within 60 days after all defendants have filed their answers to the complaint. This notice serves to formally inform the court of the medical malpractice action and initiate the legal process.
Landmark Verdicts and Settlements Achieved by Our Medical Malpractice Lawyers
Our top medical malpractice lawyers at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have consistently achieved verdicts and settlements that are among the largest in New York State. These results reflect our dedication, skill, and unwavering commitment to our clients. Some notable examples include:
- $120,000,000 verdict: A groundbreaking verdict in Westchester County for a 41-year-old father who suffered irreversible brain damage due to medical negligence, requiring lifelong care.
- Confidential Settlement in the Joan Rivers Medical Malpractice Case: A significant settlement reached in the case involving the death of Joan Rivers following unauthorized medical procedures.
- $103,000,000 verdict: One of the largest verdicts ever in Broome County, NY, for a baby brain damaged at birth due to delayed emergency cesarean section.
- $90,939,857 jury verdict: For a Brooklyn child with cerebral palsy caused by a failure to diagnose placental abruption and perform a timely cesarean section.
- $17,250,000 verdict: For a man rendered partially incontinent due to a failure to diagnose a spinal malformation.
- Numerous settlements and verdicts ranging from $1 million to $12 million in cases involving radiation overexposure, brain damage, surgical errors, medication errors, and wrongful death. (See original article for full list).
These are just a few examples of the successful outcomes we have achieved for our clients. While past results cannot guarantee future success, they demonstrate our consistent ability to secure substantial compensation in complex medical malpractice cases.
Sharing Our Expertise: Legal Education and Publications
Beyond our courtroom advocacy, the attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf are deeply committed to advancing legal knowledge and educating other lawyers in the field of medical malpractice. We are frequently sought after by the legal community for our expertise, authoring numerous articles and lecturing in continuing legal education courses.
Our publications and lectures cover a wide range of medical malpractice topics, including:
- Profit vs. Patient Care – Dangers of Simultaneous Surgeries
- Obstetric Malpractice Claims
- Infant Brain Injury Cases
- Hospital Liability
- Failure to Diagnose Breast Cancer
- Emergency Room Malpractice
- Cross-Examination Techniques for Medical Experts
- Use of Authoritative Texts in Medical Malpractice Cases
(See original article for a comprehensive list of publications and lectures).
This commitment to legal scholarship and education further underscores our expertise and leadership in the field of medical malpractice law in New York.
Our clients consistently praise our medical malpractice attorneys in outstanding reviews for their hard work, compassion, professionalism, and exceptional results. If you believe you or a loved one has been a victim of medical malpractice, please contact us today for a free consultation. We are here to listen to your story and help you understand your legal options.
Disclaimer: Please note that past case results are not indicative of future outcomes. Every case is unique and depends on its specific facts and circumstances. Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf cannot guarantee any particular result in any legal matter. Testimonials and case results are based on actual cases and represent the results achieved in those specific cases, and do not constitute a guarantee, warranty, or prediction of the outcome of any other legal matter.
