Top 10 Law Firms in New York for Medical Malpractice

When medical professionals fail to provide adequate care, the consequences can be devastating. From surgical errors to misdiagnosis, medical malpractice affects thousands of New Yorkers every year, leaving victims with mounting bills, permanent injuries, and shattered lives. Finding the right medical malpractice law firm in New York isn’t just about legal representation—it’s about securing your future.

New York leads the nation in medical malpractice payouts, with an average settlement of approximately $446,000, significantly higher than the national average of $242,000. In 2024 alone, New York recorded $550.12 million in total medical malpractice payouts across 1,205 cases. These numbers underscore why choosing an experienced New York medical malpractice attorney is critical. The stakes are high, the cases are complex, and insurance companies have deep pockets and aggressive defense teams. You need legal advocates who understand the medical and legal intricacies of these cases and have a proven track record of securing substantial compensation for their clients.

Understanding Medical Malpractice in New York

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing harm to a patient. In New York, these cases require more than proving an injury occurred during treatment. You must demonstrate that a doctor-patient relationship existed, that the provider breached the standard of care expected of a reasonable medical professional, and that this breach directly caused your injuries.

Common Types of Medical Malpractice Cases

New York medical malpractice lawyers handle various case types, including:

• Surgical errors: Wrong-site surgery, anesthesia mistakes, or leaving surgical instruments inside patients
• Misdiagnosis or failure to diagnose: Particularly cancer, heart attacks, and strokes
• Birth injuries: Cerebral palsy, Erb’s palsy, and other conditions resulting from negligent obstetric care
• Medication errors: Wrong prescriptions, incorrect dosages, or dangerous drug interactions
• Hospital negligence: Infections, inadequate monitoring, or staffing issues

According to recent data, medical malpractice claims in New York most commonly involve physicians, accounting for 12,184 cases between 2012 and 2022, with dentists representing the second-most common category at 1,946 claims.

Why New York Medical Malpractice Cases Are Different

New York’s legal framework for medical malpractice differs significantly from other states, making local expertise essential.

No Damage Caps

Unlike many states, New York imposes no statutory caps on medical malpractice damages. This means victims can pursue full compensation for both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering). This absence of limits has contributed to New York’s position as the state with the highest medical malpractice settlements nationwide.

Certificate of Merit Requirement

New York law requires plaintiffs to file a certificate of merit with their complaint. This document confirms that an attorney has consulted with a licensed physician who believes the case has reasonable grounds. This requirement, outlined in New York Civil Practice Law and Rules section 3012-A, serves as an initial screening mechanism.

Statute of Limitations

New York’s statute of limitations for medical malpractice gives victims 30 months (2.5 years) from the date of the alleged malpractice to file a claim. However, “Laverne’s Law” (CPLR-214a) provides important exceptions:

• For cases involving foreign objects left in the body, victims have one year from discovery
• For failure to diagnose cancer or malignant tumors, victims have 2.5 years from discovery, provided discovery occurs within seven years of the negligent act

Top Law Firms in New York for Medical Malpractice

1. Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf consistently ranks among the premier medical malpractice law firms in New York. For 16 consecutive years, U.S. News – Best Lawyers® has named them a Tier 1 Firm for Medical Malpractice Litigation in New York City.

Notable achievements:

• $120 million verdict in Westchester County for a 41-year-old father—believed to be the highest medical malpractice verdict ever recorded in Nassau County
• Nine attorneys recognized in Best Lawyers in America for medical malpractice
• Partners Howard S. Hershenhorn and Marijo C. Adimey authored the authoritative 2025 edition of New York Medical Malpractice
• Richard Steigman named 2022 “Lawyer of the Year” for Medical Malpractice Law – Plaintiffs in New York City

The firm specializes in complex cases involving surgical errors, delayed diagnosis, birth injuries, and hospital negligence. Their meticulous trial preparation and powerful courtroom advocacy have resulted in numerous multi-million dollar verdicts and settlements.

Contact: Visit Gair Gair

2. Kramer, Dillof, Livingston & Moore (KDLM)

Kramer, Dillof, Livingston & Moore routinely ranks among the top three law firms in New York representing plaintiffs in medical malpractice cases. With more than 150 million-dollar verdicts and over $3 billion in settlements, KDLM has established an unparalleled track record.

Notable achievements:

• Senior partners Judith Livingston and Thomas Moore are members of The Inner Circle of Advocates, limited to the top 100 trial lawyers in America
• Consistently recognized as one of the two or three top law firms for all types of plaintiff personal injury work
• Extensive experience in complex medical negligence cases across all five NYC boroughs

The firm handles everything from failure to diagnose cases to surgical malpractice and birth injury claims. Their reputation for thorough preparation and aggressive advocacy makes them a formidable opponent for any defense team.

Contact: Visit KDLM

3. Jacob D. Fuchsberg Law Firm

The Jacob D. Fuchsberg Law Firm has built a reputation for handling emotionally charged and complex medical malpractice cases with compassion and expertise. Their attorneys have been named among Forbes’ “Best Personal Injury Lawyers in NYC” and Super Lawyers “Rising Stars.”

Notable achievements:

• Secured an $8 million settlement for failure to diagnose a brain tumor leading to permanent disabilities
• Managing Partner Bradley Zimmerman brings extensive experience in cases involving failures to diagnose or prevent heart attacks, strokes, amputations, and vision loss
• Serves on boards of New York’s leading trial lawyer associations

The firm’s approach combines meticulous case preparation with savvy negotiation skills, helping clients obtain substantial recoveries while avoiding trial uncertainty when possible.

Contact: Visit Fuchsberg Law

4. Wingate, Russotti, Shapiro, Moses & Halperin, LLP

Wingate, Russotti, Shapiro, Moses & Halperin maintains a 10/10 Superb rating on AVVO and recognition from Super Lawyers. Their NYC medical malpractice attorneys have secured some of the most significant settlements in the state.

Notable achievements:

• Partner Phil Russotti obtained settlements totaling over $16 million for two brain-damaged individuals and their families
• Recognized for handling complex birth injury cases resulting in severe neurological damage
• Known for comprehensive case evaluations and aggressive representation

The firm emphasizes client communication and provides detailed guidance through the complex medical malpractice claims process in New York.

Contact: Visit WRSH Law

5. Rosenberg, Minc, Falkoff & Wolff, LLP (RMFW Law)

Founded in 1922, RMFW Law brings over a century of experience to medical malpractice litigation. With a success rate exceeding 95% and more than $1 billion recovered for clients, this firm combines big-firm results with personalized attention.

Notable achievements:

• $15 million jury award against a hospital in Manhattan
• Martindale-Hubbell recognition as one of the top personal injury law firms in NYC
• Extensive experience in surgical errors, misdiagnosis, and hospital negligence cases
• Serves all five boroughs of New York City

RMFW operates on a contingency fee basis, ensuring clients pay nothing unless the firm wins their case.

Contact: Visit RMFW Law

6. Simonson Goodman Platzer PC

Simonson Goodman Platzer PC boasts a 98% success rate and has recovered over $200 million for clients. Their New York medical malpractice lawyers are known for their thorough investigation process and collaboration with top medical experts.

Notable achievements:

• 98% success rate in medical malpractice cases
• Over $200 million won for clients
• Extensive experience working with medical experts to demonstrate deviations from standard of care
• Strong track record in both settlements and trial verdicts

The firm emphasizes honesty about the litigation process and manages client expectations effectively throughout complex cases.

Contact: Visit Simonson Legal

7. Sullivan Papain Block McManus Coffinas & Cannavo, P.C.

This firm commits extensive resources to medical malpractice cases, working with skilled attorneys and top medical professionals to uncover evidence often overlooked by others. Their history of multimillion-dollar successes demonstrates their effectiveness against powerful insurance companies.

Notable achievements:

• Secured maximum compensation for victims of medical negligence
• Handles complex cases involving surgical errors, anesthesia mistakes, and delayed treatment
• Known for aggressive advocacy even against well-funded defense teams
• Works with leading medical professionals to build compelling cases

The firm operates on a contingency fee basis, ensuring accessible representation for all victims of medical negligence.

Contact: Visit Trial Law

8. Meirowitz & Wasserberg

Meirowitz & Wasserberg provides dedicated representation for victims of medical malpractice throughout New York City. Founding partner Samuel Meirowitz is recognized as a “Top 100 Trial Lawyer” and brings experience as a former prosecutor in the Bronx District Attorney’s office.

Notable achievements:

• Samuel Meirowitz recognized as “Top 100 Trial Lawyer”
• Extensive trial experience in medical malpractice litigation
• Focuses on helping clients understand their rights under New York law
• Strong record in negotiating with healthcare providers’ insurance companies

The firm emphasizes that medical malpractice claims serve three purposes: recovering damages, seeking justice, and preventing future harm to other patients.

Contact: Visit Meirowitz & Wasserberg

9. Duffy & Duffy Law

Based on Long Island, Duffy & Duffy Law extends its services throughout New York, handling complex medical malpractice cases with compassion and dedication. The firm emphasizes building strong client relationships and providing transparent communication.

Notable achievements:

• Extensive experience in cases requiring expert testimony
• Strong understanding of New York’s statute of limitations and legal requirements
• Handles cases on contingency fee basis with no upfront costs
• Thorough case screening to ensure meritorious claims

The firm has helped numerous clients navigate the challenging process of proving medical negligence while managing ongoing treatment needs.

Contact: Visit Duffy & Duffy

10. Peter DeFilippis & Associates

Specializing in Westchester County and NYC medical malpractice claims, Peter DeFilippis & Associates has earned recognition as “Top Rated Medical Malpractice Lawyers” by New York Super Lawyers. The firm holds deep respect for the medical community while aggressively pursuing compensation for victims of medical errors.

Notable achievements:

• $3.5 million verdict featured in the New York Law Journal “Verdicts and Settlements Hall of Fame”
• Extensive courtroom experience with a focus on trial preparation
• Available 24/7 for consultations
• Handles cases on contingency fee basis according to court-approved fee schedules

Attorney Peter DeFilippis is known for exceptional attention to detail and persuasive courtroom presence.

Contact: Visit Legal Rights Advice

What to Look for in a Medical Malpractice Attorney

Choosing the right medical malpractice lawyer in New York requires careful consideration of several factors:

Experience and Track Record

Look for attorneys with specific experience in medical malpractice cases similar to yours. Review their verdicts and settlements to understand their success rate. The best New York medical malpractice attorneys have secured multiple million-dollar recoveries and aren’t afraid to take cases to trial when necessary.

Resources and Expert Networks

Medical malpractice litigation requires substantial resources. Top firms maintain relationships with medical experts across specialties who can testify about standard of care violations. They also have the financial resources to see cases through lengthy litigation without pressuring clients to accept inadequate settlement offers.

Trial Experience

Many personal injury lawyers prefer to settle cases quickly. However, medical malpractice cases often go to trial because healthcare providers want to avoid settlements appearing on their records. Choose attorneys with proven trial experience who can effectively present your case to a jury if necessary.

Communication and Compassion

Medical malpractice cases are emotionally difficult. Your attorney should provide regular updates, explain complex legal concepts clearly, and demonstrate genuine concern for your wellbeing throughout the process.

Fee Structure

Reputable medical malpractice attorneys in New York work on contingency fee basis. Under New York’s Judiciary Law 474-A, attorney fees in medical malpractice cases are regulated: 30% for the first $250,000 recovered, 25% for amounts between $250,000 and $500,000, 20% for amounts between $500,000 and $1 million, and declining percentages for higher amounts.

The Medical Malpractice Claims Process in New York

Understanding the litigation timeline helps you prepare for what lies ahead.

Initial Consultation and Case Evaluation

Most top medical malpractice law firms offer free consultations. During this meeting, attorneys review your medical records, discuss the incident, and assess whether you have grounds for a case. They’ll explain the certificate of merit requirement and discuss potential expert witnesses.

Investigation and Expert Review

Once you retain counsel, your attorney will conduct a thorough investigation. This includes obtaining complete medical records, consulting with medical experts to establish standard of care violations, and documenting all damages you’ve suffered. This process can take several months.

Filing the Complaint

Your attorney files a formal complaint in court, accompanied by the required certificate of merit. Within 60 days of defendants filing their answers, you must also file a notice of medical malpractice action with the court clerk, as required by section 3406 of the NY Civil Practice Law and Rules.

Discovery Phase

Both sides exchange information through depositions, interrogatories, and document requests. This phase can last 12-18 months or longer in complex cases. Your attorney will prepare you thoroughly for your deposition and any other testimony required.

Settlement Negotiations

Most medical malpractice cases in New York settle before trial. Your attorney negotiates with the defendant’s insurance company to secure fair compensation covering all your damages. However, top firms don’t accept inadequate offers and remain prepared to proceed to trial.

Trial

If settlement negotiations fail, your case proceeds to trial. A jury hears evidence from both sides, including expert testimony about standard of care and causation. Your attorney presents your story compellingly, demonstrating how the defendant’s negligence caused your injuries.

Compensation in New York Medical Malpractice Cases

Medical malpractice settlements in New York compensate victims for various damages.

Economic Damages

These tangible losses include:

• Past and future medical expenses
• Lost wages and diminished earning capacity
• Cost of ongoing care and rehabilitation
• Medical equipment and home modifications
• Transportation costs for medical appointments

New York imposes no caps on economic damages, allowing full recovery for all documented losses.

Non-Economic Damages

These address subjective impacts:

• Physical pain and suffering
• Emotional distress and mental anguish
• Loss of enjoyment of life
• Disfigurement or disability
• Loss of consortium for family members

Unlike some states, New York has no statutory limits on non-economic damages in medical malpractice cases.

Punitive Damages

Rarely awarded in medical malpractice cases, punitive damages punish exceptionally egregious conduct and deter similar behavior. These require proof of intentional wrongdoing or reckless disregard for patient safety.

Medical Malpractice Statistics in New York

Recent data reveals the scope of medical malpractice in New York:

• New York led the nation with $550.12 million in total medical malpractice payouts in 2024 across 1,205 cases
• The average medical malpractice settlement in New York is approximately $446,000, compared to the national average of $242,000
• From 2010 to 2019, New York recorded $6.9 billion in medical malpractice payouts, the highest in the nation
• Most settlements fall between $100,000 and $249,999
• New York ranked third in the US for nuclear verdicts ($10 million or more) from 2010 to 2019
• Medical liability cases accounted for 22.5% of nuclear verdicts in the state during this period
• In fiscal year 2023, NYC Health + Hospitals faced 398 medical malpractice claims, with the city paying out $51.5 million in settlements and judgments

These statistics underscore why choosing experienced New York medical malpractice lawyers is critical for securing fair compensation.

Frequently Asked Questions

How long do I have to file a medical malpractice claim in New York?

Generally, you have 30 months (2.5 years) from the date of malpractice. However, Laverne’s Law provides exceptions for foreign objects (one year from discovery) and cancer misdiagnosis (2.5 years from discovery, within seven years of the negligent act).

Do I need to pay upfront to hire a medical malpractice attorney?

No. Reputable medical malpractice law firms work on contingency fee basis. You pay nothing upfront, and attorney fees are only collected if you receive compensation.

How much is my medical malpractice case worth?

Case value depends on injury severity, economic losses, impact on quality of life, age, pre-existing conditions, and strength of evidence. Experienced New York medical malpractice attorneys can provide realistic estimates after reviewing your case.

Will my case go to trial?

Most medical malpractice cases settle out of court. However, healthcare providers sometimes prefer trial to avoid settlements on their records. Choose attorneys with strong trial experience who can effectively represent you in court if necessary.

What is a certificate of merit?

New York law requires plaintiffs to file a certificate confirming that an attorney has consulted with a licensed physician who believes the case has merit. This requirement helps screen out frivolous claims.

Conclusion

Selecting the right medical malpractice law firm in New York can make the difference between fair compensation and inadequate recovery. The firms highlighted in this article represent the best in the field, with proven track records, extensive resources, and unwavering commitment to client advocacy. They understand New York’s unique legal framework, maintain relationships with top medical experts, and have secured hundreds of millions of dollars for victims of medical negligence. Whether you’ve suffered from surgical errors, misdiagnosis, birth injuries, or other forms of medical malpractice, these attorneys possess the experience and dedication to fight for your rights. Don’t let statute of limitations deadlines pass—contact a qualified New York medical malpractice attorney today for a free consultation and take the first step toward securing the compensation you deserve.