Medical Malpractice

The medical malpractice attorneys at the firm of Jaroslawicz & Jaros have been representing New Yorkers and their families who have suffered injuries as a result of medical malpractice for over 45 years.

For a free consultation, contact us today. Call us at 212.227.2780, or fill out our online questionnaire. Our lawyers are ready to answer your questions and help you hold the responsible parties accountable for medical negligence.


Abraham Jaros obtained the first-ever million-dollar verdict in Sullivan County, New York, in a medical malpractice case for a woman who partially lost her voice as a result of a tube left in her throat for too long.

Abraham Jaros obtained the first-ever multimillion-dollar verdict in Albany County, New York, in a medical malpractice case for a woman who died during childbirth.

  • $4 Million settlement for a child who suffered brain damage from an undiagnosed infection.
  • $4 Million settlement for the estate of a woman who died after undergoing elective gastric surgery.
  • $3.7 Million settlement for a middle-aged male for injuries suffered when his doctors failed to monitor and protect the blood supply to his spinal cord during surgery.
  • $3.5 Million in settlement for a 48-year-old man who suffered a brain injury when the hospital emergency room failed to timely diagnose meningitis.

These are just some examples of the verdicts and settlements that we have obtained in medical malpractice cases over the years.


The team of New York medical malpractice attorneys at Jaroslawicz & Jaros is proud to have been involved in many cases that have been decided by the higher courts on various appeals that have helped shape and define the law of medical malpractice in the state of New York.


David Jaroslawicz of Jaroslawicz & Jaros wrote the brief and argued before the highest court in the state of New York — the New York Court of Appeals — that helped to develop the law concerning infants and the statute of limitations for a medical malpractice action in the case of Daniel J. v. New York City Health & Hosp. Corp., Court of Appeals of New York, 77 N.Y.2d 630; 569 N.Y.S.2d 396. The court found that the statute of limitations for a medical malpractice action provided that where the action accrued during infancy, the extension was limited to 10 years from the time of accrual, and not from the end of the infant’s continuous treatment.

David Jaroslawicz of Jaroslawicz & Jaros also wrote the brief and developed the law of the statute of limitations in the case of Daniel J. v. New York City Health & Hosp. Corp., No. 3422E, Supreme Court of New York, Appellate Division, Second Department, 160 A.D.2d 940; 554 N.Y.S.2d 663. The court found that the Supreme Court did not err in allowing the infant petitioner to file a late notice of claim against the hospital where the maximum 10-year toll for infancy had not elapsed because the application was submitted within 10 years after his last treatment.

David Jaroslawicz of Jaroslawicz & Jaros wrote the brief and argued before the highest court in the state of New York — the New York Court of Appeals — that helped develop the law in the case of Caffaro v. Trayna, Court of Appeals of New York, 35 N.Y.2d 245; 360 N.Y.S.2d 847. The court found that in a medical malpractice action for pain and suffering, an amendment to the complaint to add a cause of action for wrongful death was allowed despite the expiration of the limitations period because the amendment related back to the date of the complaint.


The firm of Jaroslawicz & Jaros is presently representing many persons who have suffered injuries as a result of the negligence of doctors, nurses and hospitals under various and diverse circumstances. Some of our cases include providing the wrong medication or at the wrong dosage, issues with anesthesia or surgery, failures to properly diagnose whether in a doctor’s office or in an emergency room, improper bone or other biopsy, failure to diagnose cancer and many other fact patterns.

Each New York medical malpractice lawyer at at Jaroslawicz & Jaros has handled many cases involving persons who suffered serious injuries and complications, including death, after having gastric bypass surgery performed. Obesity is a serious issue in the United States, and gastric bypass surgery is becoming ever more popular. Unfortunately, many doctors performing this surgery do not have the necessary experience and training to avoid and diagnose surgical and post-surgical complications.

As a result, many patients have suffered serious injuries and many others have lost their lives as a result of those complications. Our medical malpractice lawyers recognize the pain and suffering these patients and their families go through and we work tirelessly to hold the negligent doctors and hospitals accountable for this egregious conduct.

If you or your loved one has been injured, contact our New York medical malpractice lawyers today for a free consultation.

How long do you have to file a medical malpractice suit in New York?

In New York, an injured patient has two years from the incident to file a lawsuit. If the victim dies, then his or her spouse can file within one year after learning of death and within three years after the event. An attorney must be hired before any such claim is filed. Medical malpractice attorneys in New York also have up to one year after the incident to file a medical malpractice claim. Victims are entitled to statutory damages in addition to pain and suffering. A victim’s time limit depends on when he or she discovers that medical malpractice has occurred.

What are the 4 things that must be proven to win a medical malpractice suit?

  1. Duty—When the healthcare provider made his or her diagnosis, did he or she act within the standard of care?
  2. Breach—Did the doctor breach his/her duty? In other words, was there a deviation from medical protocol?
  3. Causation—Is it possible that the deviation from medical protocol caused injuries to the patient?
  4. Damages—Was the deviation from medical protocol significant enough to cause injury or death? Was it the direct cause of the harm? Did this event change the patient’s life in a negative way?

Medical malpractice lawsuits are typically handled through state courts if filed by an individual. The case is heard before a jury, which decides by a preponderance of evidence or more likely than not that medical malpractice occurred. The defendant’s doctor is then ordered to pay the plaintiff, but this can vary on a state-by-state basis. A plaintiff who has been awarded damages after an unfavorable ruling can file an appeal if he or she feels the judge’s decision was incorrect.


Because medical malpractice litigation requires that multiple experts be retained to properly support the case, including medical professionals as experts to prove liability — who would be persons with expertise as to the proper medical treatment that should have been provided — as well as doctors, rehabilitation experts and economists who can explain the severity and extent of the injury and your loss of earnings and future earning capacity to the court and a jury, it is important to retain a law firm that has the experience in the field as well as the financial ability to retain the proper experts to both consult with and to testify on your behalf, should your case proceed to trial.

Why Should You Hire A Medical Malpractice Lawyer in New York City?

Medical malpractice is defined as negligence of a physician, pharmacist or other medical professionals during treatment of a patient which results in injury, loss or damage. In USA the frequency of medical malpractice claims has been on the rise over last ten years and as per statistics it accounts for nearly 20% of all civil litigation cases that are filed every year.

According to a study published in the New England Journal of Medicine, nearly 1 out of every 5 patients who visit hospital are victims of medical malpractice or medical error. These statistics are surely alarming for any medical practitioner but it is important to note that majority of these cases are settled out-of-court. However if you feel that you have been the victim of medical malpractice then it is important to consult a qualified medical malpractice attorney.

At Jaroslawicz and Jaros, our team of medical malpractice lawyers in New York City can help you get compensation for your medical bills, pain and suffering which you have incurred due to the negligence of any medical professional or hospital. Our legal professionals understand you and your family’s needs and will provide the best advice to cover your current and future expenses which you might need for better medical treatment.

You can come straightaway to our personal injury law firm office without worrying about paying up fees as we offer free consultations with no obligations. It is time that you consult a lawyer who can provide you with professional legal advice to help you recover compensation for your damages.

The most common type of medical malpractice claims are:

Anesthesia errors, Misdiagnosis, Surgical mistakes, Birth injuries caused due to negligence during pregnancy and Delivery, Medication errors. Errors made during surgery like internal bleeding, damage to the organs etc., Post-operative infections, Surgical instruments left inside the patient’s body, Failure to diagnose cancer and about 50 other types of errors

If you or your loved one has been in an accident because of a doctor’s negligent behavior in New York City then it is important to hire a qualified medical malpractice lawyer. The main goal of our law firm is to ensure that our clients receive compensation for their damages and we work towards maximizing the financial recovery for your claim. While you can seek out medical attention yourself there is no other lawyer who will fight as hard to ensure you get what you deserve as much as Jaroslawicz & Jaros. We have extensive experience in handling all types of accident claims and will help you get the best possible outcome for your case. Our clients can be sure that we will fight until they get all their rights and entitlements.

So if you have been a victim of any form of medical malpractice - whether it is medication error, surgical errors or birth injuries caused during delivery then do not worry as our team of medical malpractice lawyers in New York City will ensure that you get all your lost wages, pain and suffering costs fully compensated.

What To Look For When Hiring NYC Medical Malpractice Attorneys?

If you’re looking for the best medical malpractice lawyers to hold healthcare providers to account for medical negligence, you should make sure the the firm you’re considering has the following:


This is an important factor in making sure you get a positive outcome. Nothing can replace experience taking medical malpractice cases to trail.

A firm that acts in your best interests

Don’t settle for a medical malpractice lawyer who will look to settle to get your case wrapped up quickly. If going to trial gets you a better outcome, your attorney should be willing to help.


Your lawyer should be keeping you informed of all progress at every step.


Can you be sure you’re getting the best value if you’re paying a retainer? At Jaroslawicz & Jaros we ask for no retainers or fees up front - and your initial consultation is free.

We act with your best interests at heart - every step of the way

At Jaroslawicz & Jaros we’re proud to be recognised as one of the very best medical malpractice lawyers in New York. It’s not just our results that have put us here either - every single positive outcome also involves an outstanding client/attorney relationship that’s built on trust and excellent communication. Don’t settle for second best.

What are the steps when filing a medical malpractice lawsuit?

Before filing a lawsuit, the potential plaintiff (the injured party) needs to collect his/her medical records and keep track of important dates such as when surgeries occurred or when hospital admissions took place. The potential plaintiff also has to locate any eyewitnesses to the incident in question and gather statements from them. During this preliminary phase, it is very important that the plaintiff avoid speaking to anyone about the incident as this could be used as evidence against him/her later on.

Once all of the preliminary work has been done, the potential plaintiff should hire an attorney who will handle negotiations with insurance companies and file any necessary court documents such as a summons or complaint. If the defendant (the party responsible

The steps that follow are:

  • File a Notice of Claim with the court within 90 days of the incident or when you are aware that you have been injured
  • Send a Letter of Protection to your insurance company after filing notice of claim in order to protect any possible settlement offer made by them
  • Get all medical records from hospitals, doctors, and other sources and give copies to your attorney
  • Get all billing records and person records from any related party (i.e. the pharmacy you used)
  • Start gathering evidence such as witness statements, photos, medical records, etc., which support your case
  • Attend a deposition with an insurance adjuster or lawyer representing the opposing party
  • Attend mediation sessions to reach a settlement with the insurance company
  • Go to trial if you do not settle or cannot reach an agreement within 3-4 months after the deposition
  • Get compensated for your injuries in “full" by reaching a final settlement, winning at trial, or a combination of both

What are the most common medical malpractice cases in New York City?

In New York City, the most common types of medical malpractice cases include:

Misdiagnosis or delayed diagnosis

This occurs when a patient is misdiagnosed by his/her doctor and ends up having even more serious health problems later on. An example might be if an irregular heartbeat was missed during an initial checkup and the patient was not diagnosed with a life-threatening disease for over a year.

Surgical error

This is when surgery goes wrong during any kind of procedure that involves making an incision or cutting into body tissues. Some common examples include leaving surgical equipment inside the patient’s body, operating on the wrong part of the body, or even forgetting to close the surgical incision entirely.

Birth injuries

Any kind of mistake made during delivery can result in severe and sometimes life-long physical and mental disabilities for the child. Some examples of birth injuries include brain damage, severe spinal cord damage leading to paralysis, or much more serious problems.

Medication error

This is when a patient’s prescribed medication is incorrect or accidentally given to them in the wrong dosage. For example, if a patient with diabetes was given insulin instead of his/her regular medicine, this could result in life-threatening complications.

Improper use of equipment

A medical professional might be negligent by improperly using necessary equipment on a patient. Some examples include an x-ray machine failing to give off radiation exposure which causes cancer, or using the wrong size of mask during surgery.

What is hospital malpractice?

The terms ‘medical malpractice’ and ‘hospital malpractice’ tend to be used interchangeably. In effect, they are the same thing - although ‘hospital malpractice’ is commonly used when there is a mistake or oversight that happens in the wider care team - not just doctors and nurses.

Try not to worry about defining what has happened to you when you’ve been in the care of a medical facility. If you feel like you should have been looked after differently, get in touch. We’ll handle the definitions and we’ll let you know if the healthcare provider has a case to answer.

What if I want to file a lawsuit?

If you believe that you have suffered due to hospital malpractice, you should contact an attorney as soon as possible. It is not always easy for patients to obtain compensation after suffering because of medical mistakes, but hiring an attorney can help make this process easier.

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Get the advice and guidance you and your family need

If you or a loved one has a been injured in an accident, contact us today for a free and confidential consultation. Call Jaroslawicz & Jaros in New York at 800.269.2780, or submit an online questionnaire. You can also email Abraham Jaros directly at, or call his personal cellphone at 917.842.9544.

Get the help you deserve.

Contact us today and start your free consultation. You can also text or call Abraham Jaros directly at 917.842.9544 or email him at

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