When medical treatment goes wrong, the results can be devastating—emotionally, physically, and financially. If you or a loved one has been a victim of medical negligence, finding the best medical malpractice lawyer in New York could be the most important step toward justice and financial recovery.
But how do you know who to trust? In a city filled with legal professionals, it can be overwhelming to choose the right attorney for your case. This comprehensive guide will walk you through everything you need to know—what makes a top medical malpractice lawyer, what to expect from the legal process, and a curated list of New York’s best malpractice attorneys.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, resulting in harm to a patient. Common examples include:
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Misdiagnosis or delayed diagnosis
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Surgical errors
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Medication mistakes
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Birth injuries
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Anesthesia errors
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Failure to obtain informed consent
To win a malpractice case, you’ll need to prove negligence, causation, and damages—and that requires serious legal expertise.
Why You Need a Top Medical Malpractice Lawyer
Medical malpractice lawsuits are among the most complex and hard-fought legal cases. Hospitals and insurance companies typically have powerful legal teams on their side. Here’s why hiring a top-tier attorney matters:
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Proven courtroom experience: These cases often go to trial.
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Access to expert witnesses: Medical experts are crucial to building your case.
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Understanding of medical records: Lawyers must interpret complex charts and reports.
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Negotiation skills: Settlements can be substantial if you have the right advocate.
In short, the right lawyer can make or break your case—and could mean the difference between a dismissed claim and a multi-million-dollar settlement.
Qualities to Look for in a Medical Malpractice Attorney
Not all lawyers are created equal. When searching for the best medical malpractice lawyer in New York, look for these essential qualities:
1. Specialization
Choose a lawyer who specializes in medical malpractice—not general personal injury.
2. Track Record
Look for attorneys with proven success in high-stakes malpractice cases.
3. Reputation
Check online reviews, client testimonials, and professional ratings (AVVO, Super Lawyers, Martindale-Hubbell).
4. Trial Experience
Many cases settle out of court, but your lawyer must be fully prepared to go to trial if needed.
5. Personalized Attention
Avoid firms that treat you like a case number. You want someone who listens and cares.
6. No Win, No Fee
Most top malpractice lawyers work on a contingency fee basis—meaning you don’t pay unless you win.
Top-Rated Medical Malpractice Lawyers in New York (2025 Edition)
Here are some of the most highly respected and successful medical malpractice attorneys in New York, known for delivering results.
1. Thomas A. Moore – Kramer, Dillof, Livingston & Moore (KDLM)
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Why they stand out: Moore is a legendary figure in New York malpractice law, with over $1 billion won for clients.
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Notable case: Secured a $172 million verdict in a brain damage case involving a child.
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Office: Manhattan, NY
2. Ben Rubinowitz – Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
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Why they stand out: Award-winning trial attorney known for landmark verdicts in complex cases.
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Notable case: $59 million verdict for a misdiagnosed stroke victim.
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Office: New York City
3. Jordan Merson – Merson Law PLLC
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Why they stand out: Known for a hands-on approach and high client satisfaction.
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Notable case: $28 million jury verdict for hospital negligence.
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Office: Midtown Manhattan
4. Richard M. Kenny – The Law Office of Richard M. Kenny
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Why they stand out: Decades of experience, with aggressive representation and personalized service.
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Focus: Complex medical negligence, including surgical and diagnostic errors.
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Office: NYC
5. Jonathan C. Reiter – Jonathan C. Reiter Law Firm, PLLC
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Why they stand out: Extensive international experience with high-profile malpractice and aviation cases.
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Notable achievement: Recognized as a Super Lawyer and one of New York’s top litigators.
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Office: Manhattan
How the Legal Process Works
Not sure what to expect? Here’s a simplified breakdown of the medical malpractice lawsuit process in New York:
Step 1: Initial Consultation
Most lawyers offer a free consultation to evaluate your case.
Step 2: Medical Record Review
Your attorney will gather and review all medical records with experts.
Step 3: Filing a Certificate of Merit
New York requires a certificate from a medical expert confirming the case has merit.
Step 4: Lawsuit Filing
Your attorney formally files the lawsuit in court.
Step 5: Discovery Phase
Both sides exchange information and depose witnesses.
Step 6: Settlement or Trial
Many cases settle, but if not, your attorney will argue your case before a jury.
How Long Do You Have to File a Medical Malpractice Claim in NY?
In New York, the statute of limitations for medical malpractice is typically 2.5 years from the date of the alleged negligence—or from the end of continuous treatment by the provider.
However, exceptions apply:
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Children: The clock may not start until they turn 18.
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Discovery Rule: In cases where the injury wasn’t immediately discoverable (like surgical instruments left inside the body), you may have more time.
Speak to a lawyer immediately to avoid missing your deadline.
Common Damages Awarded in Malpractice Cases
Here’s what you may be entitled to if your case succeeds:
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Medical expenses: Past and future treatment
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Lost income: Including future earning capacity
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Pain and suffering
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Loss of enjoyment of life
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Wrongful death damages (in fatal cases)
Settlements can range from $250,000 to over $10 million, depending on the severity and impact of the injury.
Tips for Strengthening Your Case
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Document Everything: Save all records, prescriptions, and communications.
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Act Quickly: The sooner you hire a lawyer, the stronger your case.
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Avoid Talking to Insurance Adjusters: Let your lawyer handle all negotiations.
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Be Honest: Full disclosure with your attorney is critical.
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Follow Medical Advice: Keep attending follow-up treatments to demonstrate injury seriousness.
Final Thoughts: Get the Justice You Deserve
A medical error can shatter lives, but you don’t have to face it alone. With the right legal representation, you can hold negligent doctors and hospitals accountable—and secure the compensation you need to move forward.
Also Read: Medicare and Retirement: What You Need to Know
Choosing the best medical malpractice lawyer in New York is more than a search—it’s a decision that can change your future. Whether you want to settle quietly or fight in court, don’t settle for less than the best.
Your health and your future matter. The time to act is now.
