Medical Malpractice
Brooklyn Medical Malpractice Attorneys Assist Victims of Negligence Throughout New York City
Brooklyn attorneys serve injured patients throughout Greater New York
The attorneys at the Brooklyn-based law firm of Rubenstein & Rynecki have more than 40 years of experience fighting for maximum awards for victims of medical malpractice. We have brought cases against hospitals, nursing homes and individual health care providers, including medical doctors, surgeons and dentists. Our law firm handles medical malpractice cases related to:
- Misdiagnosis or failure to diagnose cancer and other diseases
- Oxygen deprivation
- Anesthesia mistakes
- Nursing home abuse and neglect
- Surgical errors
- Mishandling of a stroke
- Defective plastic surgery
- Defective medical devices
- Birth injuries resulting in Erb's palsy/cerebral palsy and other conditions
- Brain injuries
- Emergency room negligence
- Failure to warn and failure to obtain informed consent
The legal process for recovering damages may seem overwhelming, but our experienced attorneys can help you bring a case against the parties responsible for your injuries.
What is the statute of limitations on medical malpractice claims?
New York sets the statute of limitations for medical malpractice at two and a half years. The statutory period begins on the date the malpractice occurred or on the last treatment date for the condition related to the malpractice. However, there are exceptions.
- Discovery rule — Sometimes complications arising from a medical error are not immediately observable. If at some later point, an examination or test reveals a condition that may be due to earlier negligence, the statutory period begins on the date of discovery. However, New York law limits application of the discovery rule to cases where a surgeon has left foreign objects in a patient’s body. Under the rule, you have one year to file a lawsuit from when the object is discovered or from when it reasonably should have been discovered.
- Child victim exceptions — Because children cannot bring lawsuits until reaching age 18, the statute of limitations does not begin to run until then. However, this extension of time cannot go beyond 10 years from the date the malpractice occurred or after a foreign object in the child's body was discovered or reasonably should have been discovered.
A court may also extend the deadline when a patient lacks the mental capacity to sue or when a doctor who allegedly committed malpractice subsequently moves out of state.
How do I file a complaint against a doctor in New York?
Victims of medical malpractice in New York can report the incident to the New York State Department of Health. The department’s Office of Professional Medical Conduct (OPMC) and Board for Professional Medical Conduct investigate complaints against physicians, physician assistants and specialist assistants. The Office of Professional Discipline fields complaints about dentists, nurses, chiropractors, and other professionals. Such complaints typically allege negligence, incompetence or illegal or unethical practices and misconduct, such as:
- Providing services while impaired
- Abandoning or neglecting a patient in need of immediate care
- Exploiting patients through sales of goods, drugs or services
- Refusing to treat patients for discriminatory reasons
- Guaranteeing cures
- Harassing, abusing or intimidating patients
- Failing to make patient records and X-rays available
- Practicing while unlicensed or practicing with a suspended or inactive license
- Revealing private information without the patient's consent
The OPMC can hold a hearing and discipline offenders but is not authorized to compensate victims. Nevertheless, filing a report can help to substantiate your case in a medical malpractice lawsuit. Our lawyers can file that lawsuit and help you recover compensation.
Case results
Rubenstein & Rynecki obtained the largest medical malpractice settlement in New York in 2012 — $17.9 million for a woman whose hands and feet were amputated. Other outstanding results include:
- $62 million for medical malpractice causing double amputation
- $5 million for the family of a woman who died in childbirth as a result of preventable medical errors at a Bronx hospital
- $1.1 million for the family of a woman who died following childbirth
- $1.5 million for the family of a woman who died as a result of the failure to recognize and properly treat respiratory distress during labor and delivery
- $1.5 million for a Brooklyn longshoreman who suffered a severe stroke as the result of the failure to diagnose his vascular disease
- $4.5 million for a young woman paralyzed as the result of medical negligence at a Manhattan hospital
- $5.8 million for negligent administration of anesthesia
With every case we undertake, our goal is to maximize our client’s damage award.
More NY Medical Malpractice Headlines
Representing New York medical malpractice victims since 1972
If you or a loved one has sustained an injury due to medical malpractice, Rubenstein & Rynecki in Brooklyn, New York stands ready to help you. Call 718-522-1020 or contact us online today for a free consultation. No recovery, no fee.