What we handle
When a doctor, nurse or hospital fails to meet the standard of care, the results can change a family's life permanently. Evan Goldberg has represented medical malpractice victims for his entire career. He founded and chaired the Medical Malpractice Committee of the New York State Bar Association's Trial Lawyers Section and is often asked to comment on rules affecting malpractice cases.
His malpractice verdicts include:
- $14.7 million for a child injured by obstetrical malpractice during childbirth
- $2.3 million for a patient discharged too early from the hospital with a hip infection
- $1.5 million for a patient injured internally during an appendectomy
Prior results do not guarantee a similar outcome. Call (845) 545-0448 for a free, confidential consultation.
What counts as medical malpractice
A malpractice claim generally requires proof of two things:
- The provider departed from accepted medical practice (the standard of care).
- That departure caused a death or an identifiable injury.
A bad outcome alone is not malpractice. Proving these elements takes qualified medical experts and careful review of the records. That is why New York requires a lawyer to certify, when the case is filed, that a physician has reviewed it and found it has merit.
Medical malpractice cases we handle
- Misdiagnosis and delayed diagnosis, including cancer, stroke, heart attack and infection
- Surgical errors and retained surgical items
- Birth injuries, including oxygen deprivation, delayed C-sections and shoulder dystocia
- Medication and anesthesia errors
- Emergency room errors and premature discharge
- Hospital-acquired infections and failure to monitor
- Nursing errors and failure to follow up on test results
New York medical malpractice deadlines are short
Most medical malpractice cases in New York must be filed within 2½ years of the malpractice, or of the end of continuous treatment for the same condition. There are exceptions:
- A foreign object left in the body allows one year from discovery.
- Lavern's Law gives patients with a missed cancer diagnosis time measured from when they knew or should have known, subject to an outer limit.
- Claims against public hospitals, such as NYC Health + Hospitals, require a notice of claim within 90 days.
- Deadlines for children work differently.
Talk to a lawyer as soon as you suspect something went wrong.
Our practice also includes medication errors, wrongful death and nursing home abuse. Watch Evan discuss medical malpractice, or read his article on the availability of doctors or hospitals willing to perform VBACs in New York.
Serving clients across Rockland County — see our Rockland County personal injury lawyer page.
FAQ
We review the medical records with qualified experts at no cost to you and tell you honestly whether the care fell below the standard.
Many cases take one to three years or more, depending on the injuries and whether the case goes to trial.
Hospitals can be responsible for their employees, such as nurses and residents, and for their own policies and staffing failures.
Talk to Evan about your case.
Free, confidential consultation. Home and hospital visits available.
More practice areas
Other cases we handle
Workplace Accidents
Workplace injuries in Spring Valley, Rockland County, and New York City — protecting injured workers' rights.
Car & Motor Vehicle Accidents
Auto, truck, motorcycle, pedestrian, bicycle, and rideshare collisions.
Construction Accidents
NY Labor Law §240 and §241 scaffold, ladder, and site-injury claims.
Undocumented Worker Injuries
Immigration status does not matter. Undocumented workers have the same right to full compensation under New York Labor Law.
Slip, Trip & Fall
Snow and ice, broken stairs, defective sidewalks, and wet floors.
Nursing Home Abuse & Neglect
Bedsores, falls, malnutrition, medication errors, physical and emotional abuse.