When Medical Care Falls Below the Standard of Care
Most people trust doctors, nurses, and hospitals to do their best. But when a preventable medical error turns treatment into harm, the impact can be life-changing. As a NYC medical malpractice lawyer and NYC trial attorney, Jesse D. Capell represents patients and families who have suffered serious injuries because healthcare professionals did not follow accepted standards of care.
Medical malpractice cases are different from typical personal injury claims. They involve complex medical records, expert testimony, and powerful hospital and insurance defendants. Our firm approaches each case with meticulous preparation—digging into what went wrong, whether it could have been avoided, and how the failure changed your life.
What Is Medical Malpractice?
Understanding Medical Malpractice in New York
Medical malpractice occurs when a healthcare provider—such as a doctor, nurse, hospital, or clinic—fails to act with the level of care and skill that a reasonably competent provider would use under similar circumstances, and that failure causes harm. Not every bad outcome is malpractice, but many serious injuries and deaths can be traced to preventable errors.
To bring a successful NYC medical malpractice lawsuit, we typically must prove:
- A provider–patient relationship existed.
- The provider breached the accepted standard of care.
- That breach caused or contributed to your injury.
- You suffered damages—such as pain, additional treatment, lost income, or loss of life.
Our role is to work with qualified medical experts who can explain what should have happened, compare it to what did happen, and connect the dots for a judge or jury.
Common Medical Malpractice Claims in NYC
Every case is unique, but many NYC medical malpractice lawsuits fall into familiar patterns. Our firm handles a wide range of medical negligence claims, including:
Misdiagnosis and Delayed Diagnosis
Failure to diagnose—or diagnosing the wrong condition—can rob patients of crucial time to treat serious illnesses like cancer, heart disease, or infections. We represent clients in cases involving missed diagnoses, delayed diagnoses, failure to follow up on abnormal test results, and failure to refer to specialists.
Surgical Errors and Procedure Mistakes
Surgery always carries some risk, but errors such as operating on the wrong body part, leaving instruments inside a patient, puncturing organs, or failing to monitor for complications are often preventable. We investigate whether the surgical team followed appropriate protocols before, during, and after the procedure.
Emergency Room Negligence
Busy NYC emergency rooms see high volumes of patients, but overcrowding is not an excuse for dangerous mistakes. ER malpractice may involve misreading tests, discharging a patient who should have been admitted, failing to recognize stroke or heart attack symptoms, or medication errors in fast-paced environments.
Medication and Prescription Errors
Medication errors can happen at every stage—from prescribing, to dispensing at the pharmacy, to administering in a hospital or nursing home. Examples include wrong drug, wrong dose, dangerous drug interactions, or ignoring known allergies. These errors can lead to organ damage, internal bleeding, or life-threatening reactions.
Birth Injuries and Maternal Care Errors** (Optional)
Improper monitoring of mother and baby, failure to respond to fetal distress, delayed C-section, and mismanaged labor can cause permanent injuries, including brain damage and cerebral palsy. We evaluate whether obstetricians, nurses, or hospitals failed to meet the standard of care during pregnancy, labor, or delivery.
Hospital and Clinic Negligence
Sometimes harm is caused not by one person, but by systemic problems: understaffing, poor communication, unsafe policies, or lack of training. We handle claims against hospitals, clinics, and medical groups when their practices put patients at risk.
Our Process for Handling Medical Malpractice Claims
Medical malpractice cases in New York involve specific procedures and tight deadlines. When you work with our firm, we guide you through each stage:
Initial Consultation & Case Screening
We listen to your story, review basic records if available, and discuss whether your experience appears to involve malpractice or a known risk of treatment.
Detailed Record Review
We obtain full medical records—from hospitals, clinics, and specialists—to understand what was done, by whom, and when. This often reveals gaps, delays, or inconsistencies that are not obvious from discharge summaries alone.
Expert Evaluation
We consult with independent medical experts who practice in the same field as the provider being evaluated. They help determine whether the standard of care was violated and whether that violation caused your injuries.
Notice, Filings, and Certificates of Merit
New York medical malpractice law requires an attorney to certify that they have consulted with a medical professional who believes there is a reasonable basis for the claim. We handle all required filings, notices, and pre-suit preparations.
Litigation, Negotiation, and Trial Preparation
If the case proceeds, we conduct depositions, challenge the defense’s experts, and prepare to present your story clearly to a jury. Many cases resolve through settlement, but we build each case as if it may go to trial so we can negotiate from a position of strength.
Why Choose Our Firm for Medical Malpractice Cases
Why Patients and Families Choose Jesse D. Capell
1. Trial-Focused Experience
Medical malpractice and serious injury cases require an attorney who is comfortable in the courtroom. Jesse brings trial experience and a litigation-first mindset to each case, which helps when facing large hospital systems and insurers.
2. Focus on Serious, High-Stakes Claims
We do not try to handle every legal issue. Our practice focuses on serious personal injury, nursing home neglect, and medical malpractice, allowing us to go deeper into complex medical and legal questions rather than spreading attention too thin.
3. Straightforward, Compassionate Communication
We understand how confusing and emotional medical malpractice cases can be. You will receive clear explanations, honest assessments of your case, and regular updates—without medical or legal jargon.
4. No Fee Unless We Recover Compensation
We handle New York City medical malpractice cases on a contingency fee basis. That means you do not pay attorney’s fees unless we obtain a settlement or verdict for you. We can explain costs, experts, and fees in detail during your consultation.
5. NYC-Wide Reach
We handle medical malpractice cases throughout New York City and surrounding areas. Whether your case involves a Brooklyn hospital, a Manhattan specialist, or a Queens clinic, we are prepared to investigate and pursue your claim.
Damages in Medical Malpractice Cases
What Compensation May Be Available
Every case is different, but a successful medical malpractice claim may seek compensation for:
- Past and future medical expenses
- Rehabilitation, therapy, and assistive devices
- Lost wages and loss of future earning capacity
- Pain, suffering, and loss of enjoyment of life
- Caregiving costs and home modifications
- In wrongful death cases, funeral expenses and losses suffered by surviving family members
We take the time to understand how the malpractice changed your day-to-day life, your ability to work, and your future plans—so that any settlement or verdict reflects your full losses, not just a portion of your medical bills.
Medical Malpractice FAQ
How do I know if what happened was malpractice or just a bad outcome?
Not every complication is malpractice, but many serious injuries could have been prevented. The best way to find out is to have a Brooklyn medical malpractice attorney review your records and consult with independent medical experts. We look for whether the provider followed accepted standards of care, not just whether things went wrong.
How long do I have to file a medical malpractice lawsuit in New York?
New York has specific statutes of limitations for medical malpractice claims, and there are special rules for cases involving minors or municipal hospitals. Because deadlines can be complex and strict, it is important to speak with an attorney as soon as you suspect malpractice so you do not lose your right to bring a claim.
Will I have to sue my doctor personally?
Often, claims are brought against both individual providers and the hospitals, clinics, or practices that employ them. Every case is different. We discuss your goals and concerns, then identify the parties who are legally responsible based on the facts.
Do medical malpractice cases always go to trial?
No. Many NYC medical malpractice cases resolve through settlement, but that almost always follows extensive investigation and litigation. Our approach is to prepare as though trial is likely; doing so helps us negotiate from a position of strength if a fair settlement is possible.
How much does it cost to hire a medical malpractice lawyer?
We work on a contingency fee, meaning there are no attorney’s fees unless we recover compensation for you. Because these cases require experts and significant resources, we typically advance case costs and then recover them from any settlement or verdict, as permitted by law and your fee agreement. We explain all of this clearly before you decide to move forward.
Related Personal Injury and Negligence Services
Many medical malpractice cases overlap with other serious injury and negligence claims. Our firm also handles:
1. Personal Injury
Serious injury cases arising from car accidents, falls, and other negligent acts.
2. Nursing Home Abuse & Neglect
Cases involving pressure ulcers, falls, malnutrition, and other harm caused by substandard care in nursing homes and long-term care facilities.
3. Nursing Home Fall Injuries
Claims involving preventable falls in nursing homes and assisted living facilities, including fractures and head injuries after negligent supervision.
4. Bed Sores & Pressure Ulcers
Focused representation for residents who develop preventable bed sores due to neglect.
Contact Us
Have Questions About a Possible Medical Malpractice Case?
If you or a loved one suffered a serious injury and you suspect a medical mistake is to blame, you do not have to sort it out alone. Our NYC medical malpractice lawyer will listen, review what happened, and give you straightforward guidance on your options.