Long Island
Medical Malpractice Lawyer on Long Island
Harmed by a doctor, surgeon, or hospital's negligence? Winkler Kurtz LLP has recovered millions for patients and families. Free consultation. No fee unless we win.
DO YOU HAVE A CASE?
Signs you may need a medical malpractice lawyer
A doctor missed a diagnosis or delayed treatment that allowed your condition to worsen
You had a surgical error, including wrong-site surgery, retained instruments, or anesthesia complications
A medication error caused a serious reaction or overdose
A hospital or nursing facility failed to monitor your condition properly
You experienced complications that your doctor did not warn you about before a procedure
A newborn or mother was injured during childbirth due to medical negligence
Your symptoms were dismissed, and you later learned you had a serious condition that should have been caught earlier
A loved one died from what you believe was preventable medical error
If any of these apply, call 631-928-8000. Medical malpractice cases have strict deadlines and require expert medical review.
WHY CHOOSE US
Why Winkler Kurtz LLP for your medical malpractice case
04
We Work With Medical ExpertsMedical malpractice cases require testimony from qualified medical professionals who can explain how the standard of care was violated. We retain board-certified physicians in the relevant specialty to review your records and testify.
01
Proven Med Mal Results$1.9 million recovered for a young woman in a medical malpractice case involving the failure to diagnose and treat a ruptured appendix.
02
We Understand the Certificate of Merit Requirement
New York CPLR 3012-a requires that every medical malpractice complaint be accompanied by a certificate of merit from a licensed physician. We handle this requirement as part of our case preparation.
03
38 Years of Trial ExperienceMedical malpractice cases are among the most complex and aggressively defended in personal injury law. Our attorneys have the experience and resources to take these cases to trial when necessary.
How we handle medical malpractice cases
OUR PROCESS
From crash to compensation
Free Case Evaluation
Call 631-928-8000. We review your medical history, the treatment in question, and the outcome. We give you an honest assessment of whether malpractice may have occurred.
Medical Record Review
We obtain your complete medical records from all treating providers. Our medical experts review the records to identify where the standard of care was breached.
Expert Consultation and Certificate of Merit
We retain a board-certified physician in the relevant specialty to confirm that malpractice occurred and provide the required certificate of merit under CPLR 3012-a.
File Suit and Litigate
Medical malpractice cases often require full litigation. We file the lawsuit, conduct discovery, take depositions of the negligent providers, and prepare for trial. You pay nothing unless we recover compensation.
HOW WE GET PAID
What does a medical malpractice lawyer cost?
Nothing upfront. We handle medical malpractice cases on contingency. We advance all costs, including expert witness fees, medical record retrieval, court costs, and deposition expenses. These cases are expensive to litigate, and we take that financial risk so you do not have to.
Important note about fee structure: New York Judiciary Law Section 474-a establishes a sliding scale for contingency fees in medical malpractice cases. The percentage decreases as the recovery amount increases. We explain this structure in full during your consultation.
CASE TYPES
Types of medical malpractice cases we handle
-
A doctor fails to correctly diagnose a condition, or delays diagnosis so long that the condition worsens beyond what it would have been with timely treatment. Cancer misdiagnosis, missed heart attacks, and undetected infections are common examples.
-
Wrong-site surgery, nerve damage, retained surgical instruments, unnecessary procedures, and post-operative complications caused by negligent technique. These errors can cause permanent disability.
-
Wrong medication, wrong dosage, dangerous drug interactions, or failure to account for a patient's known allergies. Medication errors can occur at the prescribing, dispensing, or administration stage.
-
Too much or too little anesthesia, failure to review patient history, improper intubation, and failure to monitor vital signs during surgery. Anesthesia errors can cause brain damage, respiratory failure, or death.
-
Injuries to the mother or baby during labor and delivery, including cerebral palsy, brachial plexus injuries, brain damage from oxygen deprivation, and excessive bleeding. These cases often involve failure to perform a timely C-section.
-
Inadequate staffing, failure to monitor patients, hospital-acquired infections, falls in the hospital, and discharge of patients before they are stable. Hospitals have a duty to provide competent care at every stage.
-
Bedsores, malnutrition, medication errors, falls, and failure to respond to changing conditions. Long Island's aging population makes nursing home malpractice an increasingly common issue.
-
Failure to properly triage, premature discharge, missed fractures, undiagnosed internal bleeding, and delays in treatment. ER physicians work under pressure, but the standard of care still applies.
KNOW YOUR RIGHTS
Key facts about medical malpractice law in New York
Statute of limitations. You have 2 years and 6 months from the date of the malpractice to file a lawsuit in New York. In some cases, the clock starts from the date of the last treatment in a continuous course of treatment. For foreign objects left in the body, you have 1 year from discovery.
Certificate of merit. Under CPLR 3012-a, your attorney must file a certificate of merit with the complaint, confirming that a qualified medical professional has reviewed the case and believes malpractice occurred.
Standard of care. To prove malpractice, you must show the healthcare provider failed to provide the level of care that a reasonably competent provider in the same specialty would have provided under the same circumstances.
Causation. You must prove that the provider's negligence directly caused your injury or worsened your condition. This often requires expert testimony linking the breach to the harm.
Damages caps. New York does not cap compensatory damages in medical malpractice cases. There is no limit on the amount you can recover for medical expenses, lost income, or pain and suffering.
Common questions about medical malpractice claims
-
If your medical outcome was significantly worse than expected, and you believe it was caused by a doctor's, surgeon's, or hospital's error, you may have a case. We review your records with medical experts to determine if the standard of care was breached.
-
2 years and 6 months from the date of the malpractice, or from the end of continuous treatment by the same provider. There are narrow exceptions for foreign objects and minors. Do not wait. Call us to protect your deadline.
-
Yes. New York requires expert medical testimony to establish the standard of care, the breach, and causation. We retain board-certified physicians in the relevant specialty to review your case and testify on your behalf.
-
A legal requirement under CPLR 3012-a. Before filing a medical malpractice lawsuit, your attorney must have a qualified physician review the case and confirm that there is a reasonable basis to believe malpractice occurred. We handle this as part of our case preparation.
-
These are among the longest personal injury cases. Expect 2 to 4 years from filing to resolution. Discovery, expert depositions, and trial preparation take time. We keep you informed throughout and never rush a case at the expense of its value.
-
Medical expenses (past and future), lost wages and earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. In fatal cases, the family can pursue a wrongful death claim. New York does not cap damages in medical malpractice cases.
-
Yes. The hospital and the individual physician can both be liable. Hospitals are responsible for the actions of their employees and for maintaining adequate staffing, equipment, and protocols. We identify all liable parties.
-
Signing a consent form does not waive your right to sue for malpractice. Consent forms cover the known risks of a procedure, not negligent performance of that procedure. If your doctor performed the surgery negligently, the consent form does not protect them.
-
Yes, if the misdiagnosis or delayed diagnosis caused your condition to worsen or led to unnecessary treatment. You must show that a competent doctor in the same specialty would have made the correct diagnosis under the same circumstances.
-
Nothing upfront. Winkler Kurtz LLP works on contingency. We advance all costs, including expert fees, which can be substantial in medical malpractice cases. You pay nothing unless we win.
FAQ