NYC Medical Malpractice Lawyer: Expert Legal Guidance for Injury Victims

Were you harmed due to medical negligence in New York City? At Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, our Nyc Medical Malpractice Lawyers are nationally recognized leaders in the field, offering over a century of collective experience advocating for patients and families devastated by healthcare errors. We have a proven track record of success, including securing a record-breaking $120 million verdict in a New York medical malpractice case, which stood as the #1 verdict in NY State across all practice areas in 2023.

Our firm’s dedication to legal excellence is further demonstrated by partners Howard S. Hershenhorn and Marijo C. Adimey, who co-authored the esteemed 2025 edition of New York Medical Malpractice, a definitive legal treatise on the complexities of medical malpractice law in New York State. Furthermore, our team boasts 11 attorneys recognized in Best Lawyers in America for medical malpractice, including Richard Steigman, honored as the 2022 “Lawyer of the Year” for Medical Malpractice Law – Plaintiffs in New York City. Jeffrey Bloom, another key attorney at our firm, also serves as co-chair of the Medical Malpractice Committee of the New York State Trial Lawyers Association, highlighting our leadership and influence in this specialized area of law.

Medical malpractice, at its core, is negligence committed by a doctor or another healthcare professional. Legally, it occurs when a healthcare provider’s actions deviate from accepted medical standards of care, resulting in patient injury or death. This deviation from the standard of care can create legal liability for the healthcare provider. In such cases, injured patients are legally entitled to seek compensation for a range of damages, including:

Past and future pain and suffering: This encompasses the physical pain and emotional distress caused by the malpractice.
Medical expenses: Covers all costs associated with treating the injury caused by the malpractice, both past and anticipated future medical care.
Loss of earnings: Reimbursement for lost income, both in the past and future, due to the inability to work because of the injury.

Additionally, spouses or parents of injured minors may also be entitled to recover for loss of services, which refers to the disruption to family life and the loss of companionship and support. In tragic cases of wrongful death due to medical malpractice, the deceased’s next of kin can pursue compensation for their profound loss.

Choosing the Right NYC Medical Malpractice Lawyer

When you need to find the best nyc medical malpractice lawyer for your case, experience in handling and litigating these complex cases is paramount. Selecting the right attorney is not just about finding someone who understands medical malpractice law; it’s about choosing a legal advocate with a proven history of success in court. While many attorneys may advertise themselves as “trial lawyers,” very few possess the demonstrable trial experience and successful verdicts to substantiate such claims. Many firms prioritize settlements, which may not always be in the client’s best interest, especially when facing powerful hospital systems and insurance companies.

Our medical malpractice attorneys distinguish themselves as elite trial lawyers with a national reputation, underscored by our landmark $120 million verdict in Westchester County. This record-setting achievement, the largest in the region, stemmed from a particularly complex case involving a 41-year-old man who suffered catastrophic brain damage. His condition was a direct result of a misdiagnosed and critically delayed treatment of a basilar artery stroke. Despite the defense acknowledging the misreading of crucial medical imaging, they argued that the stroke’s severity rendered timely intervention futile. However, our legal team meticulously demonstrated the devastating impact of the delayed diagnosis on our client’s health and overall quality of life, ultimately securing justice on his behalf.

This significant victory highlights our unwavering commitment to our clients and our readiness to aggressively pursue litigation when necessary to achieve the best possible outcome. While settlement negotiations are often a part of medical malpractice cases, we are fully prepared to take cases to trial if it best serves our client’s interests and maximizes their chances of receiving fair compensation. Each medical malpractice case is unique, and our approach is always tailored to the specific circumstances and needs of each client we represent.

How Our Top NYC Medical Malpractice Lawyers Can Assist You

At Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf (GGCRBHS&M), our primary goal is to help you secure the financial resources necessary for your recovery and future care. We understand the immense financial and emotional burdens that medical malpractice injuries place on individuals and families. Our top nyc medical malpractice lawyers are dedicated to fighting for the maximum compensation you deserve, ensuring you can access the best possible medical treatment and support services.

To build a strong and compelling case, our attorneys collaborate with highly qualified medical experts across various specialties. These experts assist in thoroughly investigating your case, establishing the medical standard of care, and demonstrating how the healthcare provider’s negligence caused your injuries. Throughout the legal process, we prioritize clear and consistent communication, remaining attentive and responsive to your medical and legal concerns. We meticulously prepare every case for trial, ensuring that no detail is overlooked and that your rights are vigorously protected. When negligence has caused suffering to your family, we are committed to pursuing justice and maximum financial recovery on your behalf.

The experienced nyc medical malpractice lawyers at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf specialize in a wide range of medical negligence claims, including:

Delay in treatment or failure to diagnose: This is one of the most common forms of medical malpractice, occurring when a healthcare provider fails to diagnose a condition in a timely manner or delays necessary treatment, leading to worsened outcomes.
Failure to diagnose cancer: Missed or delayed cancer diagnoses can have devastating consequences, allowing the disease to progress and significantly reducing treatment options and survival rates.
Birth injuries: Injuries sustained by newborns during the birthing process due to medical negligence, such as cerebral palsy, Erb’s palsy, and other conditions resulting from improper delivery techniques or fetal monitoring failures.
Gynecological malpractice: Negligence during gynecological procedures, surgeries, or treatments, including errors during hysterectomies, pelvic exams, or other women’s health procedures.
Hospital negligence: Errors and negligence arising within hospital settings, including inadequate staffing, improper patient monitoring, medication errors, and failure to maintain a safe environment.
Emergency room errors: Mistakes made in emergency rooms, often due to the fast-paced and high-pressure environment, including misdiagnosis of critical conditions, delayed treatment, and discharge errors.
Medication errors: Mistakes involving prescription drugs, including incorrect dosages, wrong medications, failure to account for drug interactions, and inadequate monitoring of medication effects.
Surgical errors and complications: Negligence during surgical procedures, including wrong-site surgery, nerve damage, infections due to improper sterilization, and errors in surgical technique.
Anesthesia malpractice: Errors related to anesthesia administration, such as improper intubation, inadequate oxygen supply, and failure to monitor vital signs appropriately, leading to severe complications or brain damage.
Extravasation of chemotherapeutic agents: Damage caused when chemotherapy drugs leak out of veins and into surrounding tissues, resulting in severe pain, tissue damage, and long-term complications.
Osteoradionecrosis: A serious condition involving bone death and damage caused by radiation therapy, often resulting from improper radiation planning or excessive radiation dosage.

In complex medical malpractice cases, we frequently collaborate with financial experts, including accountants and analysts. These professionals are crucial in assessing the full financial impact of medical negligence, which often extends beyond medical bills to include lost wages, the ongoing costs of long-term care, and other associated financial losses. By working with financial professionals, we ensure that our clients’ claims accurately reflect the total economic damages they have suffered and will continue to endure.

Contingent Fees for NYC Medical Malpractice Cases

New York’s Judiciary Law 474-A regulates attorney fees in medical malpractice cases, ensuring fair and transparent billing practices. The law establishes a tiered percentage system based on the total sum recovered in the case. This contingent fee structure means that our firm’s legal fees are directly tied to the financial recovery we achieve for you. You will not pay any attorney fees unless we successfully obtain compensation on your behalf.

The fee structure is as follows:

30% of the first $250,000 recovered
25% of the next $250,000 recovered (for amounts between $250,001 and $500,000)
20% of the next $500,000 recovered (for amounts between $500,001 and $1,000,000)
15% of the next $250,000 recovered (for amounts between $1,000,001 and $1,250,000)
10% of any amount recovered exceeding $1,250,000

These percentages are calculated based on the net sum recovered after deducting expenses and disbursements specifically for expert witness fees, investigative costs, and other necessary services incurred by the attorneys while pursuing your claim. This contingent fee arrangement ensures that access to high-quality legal representation is available to everyone, regardless of their immediate financial resources.

Expert Witness Requirement in NY Medical Malpractice Cases

In New York, pursuing a medical malpractice claim requires adherence to specific procedural rules, including the mandatory submission of a certificate of merit. According to New York Civil Practice Law and Rules section 3012-A, a certificate of merit must be filed along with the initial complaint. This certificate serves as a preliminary verification of the claim’s validity and is a crucial element in the early stages of a medical malpractice lawsuit.

The certificate of merit confirms that the plaintiff’s attorney has consulted with a qualified medical expert and that, based on the expert’s review of the case, there is a reasonable basis for initiating a medical malpractice action. This requirement is designed to prevent frivolous lawsuits and ensure that only claims with legitimate medical grounds proceed through the legal system. Our firm has established relationships with a vast network of highly respected medical experts across all specialties, ensuring that we can thoroughly evaluate the medical aspects of your case and comply with this critical legal requirement.

Notice of Medical Malpractice Action in New York

Another important procedural step in New York medical malpractice cases is the filing of a Notice of Medical Malpractice Action. As mandated by section 3406 of the NY Civil Practice Law and Rules, this notice is a required form that the plaintiff must submit to the clerk of the Court within 60 days after all defendants have filed their answers to the complaint.

The Notice of Medical Malpractice Action serves to formally notify the court and all parties involved that a medical malpractice case is underway. It is a standard administrative procedure that helps the court manage and track medical malpractice cases effectively. Failure to file this notice within the specified timeframe can potentially lead to delays or complications in the legal process. Our experienced nyc medical malpractice lawyers are well-versed in all procedural requirements of New York medical malpractice law and will ensure that all necessary filings, including the Notice of Medical Malpractice Action, are completed accurately and promptly.

Landmark Verdicts and Settlements Achieved by Our NYC Medical Malpractice Lawyers

Our top medical malpractice lawyers at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have a consistent record of securing substantial verdicts and settlements for our clients, many of which are among the largest in New York State. These results reflect our dedication, expertise, and unwavering commitment to achieving justice for victims of medical negligence. Some notable examples include:

$120,000,000 verdict: Awarded in Westchester County for a 41-year-old father who suffered irreversible brain damage due to medical negligence, requiring lifelong care in a specialized facility.
Confidential Settlement in the Joan Rivers Medical Malpractice Case: Representing the family of the beloved entertainer Joan Rivers, who tragically passed away following unauthorized medical procedures during a routine endoscopy.
[$103,000,000 verdict]: One of the largest ever in Broome County, NY, for a Binghamton baby who suffered severe brain damage at birth due to oxygen deprivation resulting from a delayed emergency cesarean section.
[$90,939,857 jury verdict]: For a Brooklyn child diagnosed with cerebral palsy due to an obstetrician’s failure to diagnose placental abruption, leading to a delayed cesarean section and subsequent oxygen deprivation.
[$17,250,000 verdict]: For a man who developed partial incontinence as a result of a medical professional’s negligence in failing to diagnose a spinal malformation.
[$12,000,000 settlement]: For a man who received excessive radiation at a cancer treatment center.
[$9,500,000 settlement]: For a young professional woman who suffered brain damage after premature removal of her endotracheal tube following surgery for uterine fibroids.
[$9,200,000 settlement]: In a Brooklyn case where delayed diagnosis and treatment of a small bowel obstruction led to systemic infections, multiple surgeries, and the need for a kidney transplant.
[$9,000,000 settlement]: For the wrongful death of a man due to negligent post-operative care after colon resection surgery.
[$8,500,000 settlement]: For an infant who sustained a brain injury as a result of fetal distress.
[$8,000,000 settlement]: For an 18-year-old boy who developed complete liver failure and brain damage due to a physician’s failure to monitor liver function while prescribing Depakote.
[$8,000,000 settlement]: In a case of anesthesia malpractice resulting in permanent brain damage to a woman.
[$8,000,000 settlement]: For a woman who suffered brain damage and required an intestinal transplant due to delayed diagnosis of a volvulus.
[$7,000,000 settlement]: For a mother who suffered brain damage during childbirth due to epidural injection complications.
[$6,600,000 settlement]: For a patient who underwent leg amputation after a femoral artery puncture during guide wire insertion.
[$6,100,000 settlement]: In a Dutchess County case involving the wrongful death of a woman after childbirth.
[$6,000,000 settlement]: For a woman who experienced complications and further injury due to surgical malpractice during a herniated disc operation.
[$5,995,000 recovery]: In a pharmacy error case where a young boy suffered brain injury after ingesting an overdose of dextrose in TPN.
[$5,500,000 settlement]: For a young child who sustained brain injury at birth due to medical negligence.
[$5,400,000 settlement]: In a Monroe County case for an infant with brain damage resulting from delayed cesarean section.
[$4,850,000 recovery]: For a Kings County infant injured at birth due to fetal distress.
[$4,800,000 verdict]: For a Brooklyn woman whose cancer was treated with alternative medicine, including coffee enemas, instead of standard medical care.
[$4,750,000 verdict]: For a baby brain damaged due to fetal distress and resuscitation errors.
[$4,750,000 settlement]: In an obstetrical malpractice case involving brain damage caused by failure to diagnose fetal distress and resuscitation errors.
[$4,500,000 settlement]: In a legal malpractice case stemming from a lawyer’s failure to file proper paperwork in a medical malpractice claim related to failure to diagnose a brain tumor.
[$4,450,000 settlement]: For the family of a police officer who died due to hospital negligence involving inadequate anticoagulation therapy.
[$4,250,000 settlement]: For a Queens man who suffered brain damage due to anesthesia malpractice during sleep apnea surgery.
[$4,250,000 settlement]: For damages resulting from a negligent stem cell transplant procedure leading to multi-system organ failure.
[$4,000,000 verdict]: For a man negligently discharged from a medical center during a psychotic episode, leading to a train accident and loss of both legs.
[$4,000,000 recovery]: For a Kings County man with an undiagnosed subdural hematoma after a bar fight.
[$4,000,000 recovery]: For failure to diagnose an epidural hematoma, causing brain damage.
[$3,900,000 verdict]: For a newborn brain damaged due to excessive Fentanyl administration and resuscitation errors.
[$3,375,000 settlement]: For the wrongful death of a 46-year-old husband and father during back surgery.
[$3,500,000 settlement]: For the estate of a 78-year-old woman who died after being prescribed contraindicated medication.
[$3,500,000 settlement]: For a man injured by improper anesthetic administration.
$3,450,000 jury verdict: For muscle and nerve impairment due to brachial artery laceration during bicep surgery.
[$3,000,000 settlement]: For the family of a patient who died from a narcotics overdose administered by the hospital.
[$3,000,000 recovery]: For an 18-year-old girl who lost her leg due to failure to diagnose a pseudoaneurism.
[$3,000,000 settlement]: For a woman who lost hearing and developed meningitis due to failure to diagnose an acoustic neuroma.
[$3,500,000 wrongful death settlement]: For the family of a restaurateur improperly discharged from the ER despite pulmonary embolism symptoms.
[$3.45 million verdict]: For a 29-year-old man with permanent arm disability due to delayed repair of a severed brachial artery during surgery.
[$3,345,259 settlement]: For a birth injury causing brachial plexus nerve damage.
[$3,000,000 settlement]: For the estate of a 56-year-old who died due to failure to diagnose aortic dissection.
[$3,000,000 settlement]: For a woman who lost her leg due to improperly performed arthroscopic knee surgery.
[$3,000,000 settlement]: For a child who suffered Erb’s Palsy due to negligent delivery.
[$3,000,000 settlement]: For a brain-damaged baby due to obstetrical malpractice.
[$3,000,000 settlement]: For the estate of a woman who died in childbirth due to undiagnosed internal bleeding.
[$2,750,000 wrongful death settlement]: For the family of a 76-year-old woman who died from undiagnosed toxic megacolon.
[$2,750,000 settlement]: For an elderly woman who suffered a stroke due to failure to provide anticoagulation therapy post-hip surgery.
[$2,700,000 settlement]: For failure to administer anti-coagulation medication post-surgery, resulting in a stroke.
$2,500,000 verdict: In an Upper Endoscopy case where a woman’s duodenum was perforated.
[$2,500,000 settlement]: For failure to timely diagnose bladder cancer.
[$2,450,000 settlement]: For the family of a man who died from a heart attack due to failure to diagnose and treat his heart condition.
[$2,400,000 settlement]: In a surgical malpractice case involving disregarded nerve monitoring warnings during herniated disc surgery, leading to permanent leg damage.
[$1,850,000 recovery]: For the wrongful death of a man due to failure to diagnose a malfunctioning ventricular peritoneal shunt.
$1,270,000 verdict: For a woman whose spleen was torn during a colonoscopy.
[$1,250,000 settlement]: For a patient who suffered a severe allergy after morphine administration.
[$1,000,000 settlement]: For the wrongful death of a delivery driver due to a ruptured coronary artery during medical treatment.

Sharing Our Expertise: Legal Education and Publications

Beyond our courtroom success, the attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf are recognized as thought leaders in medical malpractice law. We are frequently invited to share our expertise with the legal community through lectures and publications. Our lawyers have authored numerous articles and presented at continuing legal education courses, contributing to the advancement of knowledge and best practices in medical malpractice litigation.

Our publications and lectures cover a wide range of critical topics in medical malpractice, including:

Profit v. Patient Care – The Dangers of Simultaneous Surgeries
Preventing, Managing and Defending Claims of Obstetric Malpractice
The Attorney’s Guide to Handling an Infant Brain Injury Case from Start to Finish
Defending the Delivery Team: Obstetric Malpractice
Hospital Liability
The Mock Trial: A Case of necrotizing enterocolitis (NEC)
The Trial of A Medical Malpractice Case
Failure to Diagnose Breast Cancer: the perspective of a patient’s attorney
Malpractice in the Emergency Room
Basic Medical Malpractice
Medical Texts for Cross-Examination & Reference
Deposition of the Defendant in Medical Malpractice Cases
Advanced Medical Malpractice Trial Techniques
Medical Malpractice
Advanced Medical Malpractice: Anesthesiology, General Surgery & Neurology
Neurologic Malpractice: The Perspective of A Patient’s Lawyer
Recovery for Mental and Emotional Distress
Medical Cross-Examination – Refusal to Recognize Medical Authorities
Sample Direct Examination of a Medical Expert (Psychiatrist)
Direct Examination of a Medical Expert
Cross Examination of a Medical Expert
Cross Examination of a Medical Expert: Collateral Attack
Cross-Examination of Medical Doctors: Recurrent Themes
Voir Dire in Medical Negligence Cases: A Plaintiff’s Perspective
Medical Malpractice: Using Defendants’ Evidence Against Them
The Use of Authoritative Texts on Cross-Examination of Medical Experts
Tips on Narrative Direct Examination
Proving Dental Malpractice in a Case of Osteoradionecrosis Following Tooth Extraction
Proving Medical Malpractice by a Physician Who Performs Elective Plastic Surgery
Orthopedic Malpractice: Failure to Diagnose Injury to Popliteal Artery
Is It Necessarily Malpractice: Failure to Revise Shunt in Hydrocephalus Patient
Prosecuting a Case of Failure to Diagnose Compartment Syndrome
Cosmetic Surgical Malpractice: Loss of Vision following Blepharoplasty
Chemotherapy: Failure to Properly Treat Extravasation of Doxorubicin
Medical Malpractice Study: Disproving Frivolous Myth
Harvard Study Ends Myth of Frivolous Malpractice Suits
The Impact of Arons: A Look at the Court of Appeals Decision to Allow Ex Parte Interviews of Treating Doctors and Where We Go from Here
A HIPAA Primer
Erb’s Palsy Cases: a plaintiff’s perspective
Trial of an Obstetrical Malpractice Case
Failure to Diagnose Fetal Distress
Failure to Diagnose Breast Cancer: the trial
Fen-Phen: Medical Aspects and Potential Liability
Responding to Defenses in Erb’s Palsy Cases
Breast Implant Litigation
Failure to Diagnose Cancer
Current Trends in Hospital Liability
Failures in Anesthesia Care
Obstetrical-Neonatal Malpractice and Brain Damage
Failures in Obstetrical and Neonatal Care
How to Handle Orthopedic and General Surgery Malpractice Cases
Anatomy for Lawyers
Liability for Adverse Drug Reactions and Liability for Hospital Acquired Infections
Preparation for and Presentation to the Medical Review Panel
A Key to Medical Terminology
New York Law on Wrongful Birth Cases
Birth Control and Malpractice

Our commitment to our clients is reflected in the outstanding reviews they share, praising our hard work, compassion, professionalism, and exceptional results. If you or a family member has been a victim of medical malpractice in New York City, please contact our firm today for a free consultation. Let our experienced nyc medical malpractice lawyers guide you through the legal process and fight for the justice and compensation you deserve.

Disclaimer: Please understand that the outcomes of legal cases are highly fact-dependent. Prior results do not guarantee a similar outcome in any future legal matter. Case results and testimonials on this website are based on specific facts and circumstances and do not constitute a promise or prediction regarding the outcome of any other case.