Most medical care in Queens is skilled and careful. But when a diagnosis is missed, a surgery goes wrong or a medication error causes harm, the consequences can last a lifetime, and New York’s malpractice rules are stricter and faster-moving than most injury claims. This guide from Queens medical malpractice lawyer Yakov Mushiyev explains what malpractice is, the deadlines that apply (including the special rules for public hospitals), and what to do if you think a doctor or hospital got it wrong.
What is medical malpractice?
Medical malpractice is a departure from accepted medical practice that causes injury. A bad outcome alone isn’t malpractice; medicine has risks even when everything is done right. The question is whether a doctor, nurse, hospital or other provider failed to do what a reasonably careful provider would have done, and whether that failure caused harm.
Common malpractice claims we review in Queens
- Missed or delayed diagnosis, including cancer, stroke, heart attack and infection
- Surgical errors, such as wrong-site surgery, damaged organs or retained instruments; see our surgical errors page
- Emergency room errors, like sending a patient home too soon; see our ER errors page
- Birth injuries to mother or baby; see our birth injury page
- Anesthesia and medication errors; see our anesthesia errors page and medical error page
The malpractice deadline: two years and six months
Under CPLR § 214-a, a medical malpractice lawsuit generally must be started within two years and six months of the act or omission, or of the last treatment when there’s continuous treatment for the same condition. That’s shorter than the three years allowed for most injury claims. There are important exceptions:
- Foreign objects. If something like a surgical sponge is left inside the body, the case may be started within one year of discovering it (or of facts that would reasonably lead to discovering it), whichever is earlier.
- Missed cancer diagnoses. For a negligent failure to diagnose cancer or a malignant tumor, the 2½ years can run from when the patient knew or reasonably should have known of the error and the injury, but no later than seven years after the error (or from the last continuous treatment). This change is often called Lavern’s Law.
- Children. Time limits are generally paused for minors under CPLR § 208, but in malpractice cases that pause is generally capped at 10 years.
- Deaths. If malpractice caused a death, a wrongful death claim generally must be filed within two years of the death; see our Queens wrongful death guide.
Public hospitals in Queens: much shorter deadlines
Several major Queens hospitals, including Elmhurst Hospital and Queens Hospital Center, are part of NYC Health + Hospitals, the city’s public hospital system. Claims against public hospitals generally require a notice of claim within 90 days under General Municipal Law § 50-e, and the lawsuit is generally due much sooner than 2½ years, typically within one year and 90 days. A pre-suit 50-h hearing may also be required. If your treatment was at a public hospital, contact a lawyer immediately; waiting even a few months can cost you the claim.
How a malpractice case is proven
Malpractice cases depend on medical experts. Before a lawsuit is filed, New York’s CPLR § 3012-a generally requires the attorney to certify that they reviewed the facts and consulted at least one licensed physician who believes there’s a reasonable basis for the case. After that, the case usually turns on:
- Complete medical records, including nursing notes, imaging, lab results and test timelines
- Expert review of what the standard of care required and how it was breached
- Causation: proof that the error, not the underlying illness, caused the harm
- Damages: medical costs, lost earnings, future care, and pain and suffering; see our guide on proving you can’t work
What to do if you suspect malpractice
- Request copies of your complete records from every provider involved.
- Write a timeline: symptoms, visits, what you were told and when.
- Keep any discharge papers, prescriptions and bills.
- Get a second opinion for your health, and keep those records too.
- Don’t sign a release or settle a bill dispute without legal advice.
- Note which hospital you were treated at. Public versus private makes a big difference to the deadlines.
Working with a medical malpractice attorney in Queens
A medical malpractice attorney in Queens should screen your case with qualified physicians before you invest time and hope in it, and tell you plainly whether the facts support a claim. Yakov Mushiyev & Associates reviews malpractice cases at no charge, works with medical experts, and handles cases on a contingency fee. Learn more on our medical malpractice practice page and our page on malpractice representation in Rosedale and Rochdale.
Frequently asked questions
How long do I have to sue for medical malpractice in New York?
Generally two years and six months from the malpractice or from the end of continuous treatment, under CPLR 214-a. Exceptions apply for foreign objects and missed cancer diagnoses, and public hospital cases have much shorter notice deadlines. A Queens medical malpractice lawyer can calculate the exact deadline for your situation.
Is a bad outcome the same as malpractice?
No. Malpractice requires a departure from accepted medical practice that caused the injury. A complication can happen even with excellent care.
Can I sue Elmhurst Hospital or Queens Hospital Center?
Claims involving NYC Health + Hospitals facilities are possible, but they generally require a notice of claim within 90 days and have shorter filing deadlines. Contact a Queens medical malpractice attorney right away.
What does it cost to talk to you?
The consultation is free, and we work on a contingency fee: no fee unless we win.
Visit Yakov Mushiyev & Associates
Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, just off the Cross Island Parkway on the Queens–Nassau border. If you can’t come to us, we’ll come to you: at home, in the hospital or by video.
Talk to a Queens medical malpractice lawyer today
Yakov Mushiyev & Associates has recovered over $80 million for injured New Yorkers across the five boroughs and Nassau County. Consultations are free, available in English, Russian and Spanish, and there is no fee unless we win.
Call 718.775.3110 or contact us online for a free case review.
This article is general information, not legal advice. Every case is different. Attorney Advertising.