Experienced Medical Malpractice Lawyers in New York and the Bronx
Leav & Steinberg LLP helps patients harmed by negligent healthcare providers recover damages for poor care, including diagnostic errors, surgical mistakes, and inadequate follow-up. The firm works with medical experts to prove breaches of accepted standards and quantify future treatment needs.
Before performing a procedure or writing a prescription, medical facilities have processes that are designed to help their staff members avoid making mistakes that can jeopardize your health. Medical malpractice and other medical errors typically occur when practitioners fail to take these preventative steps. If you or a loved one has been harmed by the negligence of a doctor or another medical professional, the attorneys at Leav & Steinberg LLP can assess your case and help you file a medical malpractice lawsuit.
New York Medical Malpractice Lawyers
When medical professionals fail to provide proper care, this can result in horrible consequences for the patient. Whether done intentionally or through neglect, the healthcare provider is liable for their actions. Some of the most common medical malpractice cases include the following:
Surgical Errors
Surgical errors are among the most serious types of medical malpractice and account for a significant portion of claims nationwide. Studies estimate that thousands of preventable surgical mistakes occur each year, many of which result in life-altering injuries or complications.
Although all surgeries carry some level of risk, healthcare providers are required to follow strict safety protocols to minimize preventable errors. When these protocols are not followed, patients may suffer unnecessary harm.
Common surgical errors include:
- Operating on the wrong part of the body
- Performing surgery on the wrong patient
- Leaving surgical instruments inside the body
- Administering incorrect anesthesia or medication
- Causing avoidable nerve damage during surgery
Hospitals and surgical teams are expected to implement safety procedures, including verifying patient identity, marking surgical sites, and conducting instrument counts before and after procedures. When these safeguards are ignored or improperly executed, the risk of serious injury increases.
If a preventable surgical error caused harm, an experienced NYC attorney can help determine whether negligence played a role and whether a malpractice claim may be appropriate.
LASIK
LASIK is widely considered a safe and effective procedure for correcting vision, with high patient satisfaction rates. However, complications can occur, particularly when patients are not properly screened or when medical providers fail to follow appropriate standards of care.
In many LASIK malpractice cases, the issue arises before the procedure even begins. Patients with pre-existing conditions, such as thin or irregular corneas, may not be suitable candidates for LASIK. Failing to identify these risks can lead to serious complications.
LASIK-related malpractice may involve:
- Failure to properly evaluate a patient’s eligibility
- Improper calibration or use of surgical equipment
- Inadequate pre-operative testing
- Errors during the procedure itself
While some side effects resolve over time, others can result in long-term or permanent vision problems, including light sensitivity, blurred vision, or even vision loss.
When complications are linked to negligence rather than known risks, patients may have grounds to pursue compensation for corrective treatment and the impact on their quality of life.
Brain Damage
Brain injuries caused by medical negligence can have devastating and long-lasting effects. One of the most common causes is oxygen deprivation, which can occur during surgery, anesthesia administration, or delayed treatment of serious medical conditions.
Medical malpractice involving brain damage may include:
- Failure to diagnose or treat a stroke in time
- Errors during surgery or anesthesia
- Delayed emergency care
- Improper monitoring of a patient’s condition
The effects of brain damage can vary widely but often include:
- Memory loss and cognitive impairment
- Personality or behavioral changes
- Loss of motor function or coordination
- Respiratory complications
- Paralysis or permanent disability
These injuries frequently require long-term medical care, rehabilitation, and lifestyle adjustments. When negligence contributes to a brain injury, victims and their families may be entitled to compensation that reflects both immediate and future care needs.
Improper Labor and Delivery Procedures
Errors during pregnancy, labor, or delivery can result in serious injuries to both the mother and child. Medical providers are responsible for closely monitoring both patients and responding appropriately to complications as they arise.
Common labor and delivery errors include:
- Failure to monitor fetal oxygen levels
- Delayed or improper response to complications
- Misuse of delivery tools such as forceps
- Failure to control maternal bleeding
- Failure to perform a timely C-section
These mistakes can lead to severe birth injuries, including brain damage, nerve damage, or lifelong developmental conditions.
There is an important distinction between birth defects and birth injuries. Birth defects are typically genetic or developmental, while birth injuries often result from negligence during delivery or prenatal care.
When medical providers fail to meet the appropriate standard of care, families may have the right to pursue claims that help cover long-term medical treatment, therapy, and support.
Erb’s Palsy and Cerebral Palsy
Erb’s palsy and cerebral palsy are serious conditions that can sometimes result from medical negligence during childbirth.
Erb’s palsy is typically caused by excessive force applied during delivery, particularly in cases involving shoulder dystocia. This condition affects the brachial plexus nerves and can result in:
- Arm weakness or paralysis
- Loss of sensation
- Limited mobility or muscle development
Cerebral palsy, on the other hand, is often linked to oxygen deprivation or brain injury during pregnancy or delivery. While not all cases are caused by negligence, certain medical errors may increase the risk.
Potential causes of malpractice-related cerebral palsy include:
- Failure to monitor fetal distress
- Delayed C-section
- Improper use of delivery equipment
- Failure to recognize infection or complications
Children diagnosed with these conditions may require lifelong medical care, therapy, and support. When negligence is involved, legal action may help families secure the resources needed for ongoing care and treatment.
Cancer Misdiagnosis
Early detection is critical in the treatment of cancer. When a medical provider fails to recognize symptoms, delays testing, or misinterprets results, the consequences can be severe.
Cancer misdiagnosis cases may involve:
- Failure to order appropriate diagnostic tests
- Misreading lab results or imaging
- Ignoring persistent symptoms
- Delayed referral to a specialist
When cancer is not diagnosed in a timely manner, patients may lose valuable treatment opportunities, which can significantly impact survival rates and recovery outcomes.
If a delayed or incorrect diagnosis resulted from negligence, patients may have grounds to pursue a medical malpractice claim.
Failure to Diagnose a Medical Condition
Failure to diagnose is one of the most common forms of medical malpractice. Many conditions are significantly easier to treat when identified early, making timely diagnosis critical to patient outcomes.
This type of malpractice may involve:
- Misdiagnosing a condition as something less serious
- Failing to recognize symptoms of a known illness
- Ignoring test results or patient complaints
- Delaying diagnosis and treatment
When a healthcare provider fails to identify a condition that should have been diagnosed under reasonable standards of care, the patient may suffer worsening symptoms, complications, or preventable harm.
If you believe a delayed or missed diagnosis caused injury, an attorney can help evaluate whether negligence played a role.
Do You Have a Case?
To determine if you have a case, we perform a detailed analysis of your evidence. We will also determine which rights were violated. There are usually strict deadlines in medical malpractice cases that limit the amount of time you have to file a lawsuit. Therefore, you must make sure you contact us as soon as possible to ensure you are not outside of the statute of limitations. If so, your case could be seen as invalid.
Why Choose Leav & Steinberg for Your Medical Malpractice Case?
Our firm has decades of experience and a highly attentive team of attorneys and support staff. As a multilingual staff, speaking English, Spanish, Albanian, Polish, and Portuguese, we are able to assist a wide range of people. We believe in having open lines of communication with our clients. We provide our direct cell phone numbers and will even travel to meet you at your home if necessary.
$10 Million for a Medical Malpractice Case
We represented a 66-year-old woman who suffered catastrophic injuries following an abdominal surgery. During a nearly 11-hour stay in the Post-Anesthesia Care Unit (PACU), she went into cardiac arrest. Our firm demonstrated that the PACU nursing staff failed to properly monitor her, resulting in a hypoxic brain injury. After a hard-fought litigation process in which the hospital argued proper care was provided, we secured a $10 million settlement.
$8.5 Million for a Medical Malpractice Case
We resolved a tragic medical malpractice case for a 59-year-old man who suffered severe injuries while a patient at a NYC hospital. After being placed in a monitoring unit, his deteriorating condition was not timely addressed, leading to cardiac arrest. Although resuscitated, he sustained a mild brain injury, limited mobility, and speech recognition deficits. The $8.5 million settlement provides for his long-term care and support from family and aides.
Medical Malpractice FAQs
Winning a malpractice suit requires that the injured patient prove negligence, causation, and damages with strong evidence. These cases are often complex because hospitals and insurance companies defend claims aggressively.
Leav & Steinberg LLP’s New York City attorneys work with medical experts and economists to establish liability and calculate future care needs, improving your chances of success.
A medical malpractice claim is proven when four legal elements are established in court: duty of care, breach of that duty, causation, and damages. In New York, this means showing that a provider owed you care, failed to meet accepted standards, directly caused harm, and left you with measurable losses like medical bills, lost income, or pain and suffering.
The burden of proof in medical negligence cases is the patient’s obligation to demonstrate by a preponderance of the evidence that malpractice occurred. This standard means proving it is more likely than not that the provider’s conduct caused harm.
Our attorneys present expert testimony and detailed records to meet this legal requirement and have a track record of securing settlements.
The statute of limitations in New York gives most patients two years and six months from the date of malpractice or from the end of continuous treatment to file suit. Exceptions exist, such as cases involving children or foreign objects left in the body. Acting quickly ensures your claim remains valid.
Proof in a malpractice case consists of medical evidence, expert opinions, and documented damages that establish negligence. This often includes hospital records, lab results, imaging studies, and testimony from specialists who explain how care fell below accepted standards. Financial experts may also provide projections of future medical and economic losses.
Medical malpractice is defined as negligence by a licensed healthcare professional that causes harm to a patient, while medical negligence is broader and refers to any failure to provide reasonable care. In practice, negligence becomes malpractice once an injury or measurable damage can be shown, which is the basis for filing a lawsuit in New York.
The average medical malpractice settlement in New York is typically higher than the national average because of the state’s complex healthcare system and high cost of living. Settlements vary widely depending on injury severity, lost wages, and lifetime care needs.
Leav & Steinberg LLP has secured million-dollar recoveries for clients in both surgical error and birth injury cases.
Our Experience
We have helped several clients receive million-dollar settlements in medical malpractice cases. In one case, a mother was improperly given anesthesia during her delivery. This resulted in severe brain injuries. We helped her receive upwards of $7 million. During another case, a laser eye surgery patient was given an improper prescription, which resulted in permanent cornea damage. This client also received over a million dollars in damages.
We are committed to serving clients throughout New York City, including Brooklyn, the Bronx, Staten Island, Manhattan, and Queens. Contact Leav & Steinberg today to request your free legal consultation.
If medical negligence has harmed you or a loved one, our medical malpractice attorneys in Manhattan and the Bronx are ready to fight for your rights. Schedule a consultation to discuss your case.