Buffalo Medical Malpractice Lawyer
When a doctor, nurse, or hospital makes a serious error, the consequences can change your life in ways you never anticipated. Patients in Buffalo trust medical professionals with their health and, in some cases, their lives. When that trust is broken through negligence, you may have the right to pursue a medical malpractice claim.
At Finkelstein & Partners, we work with individuals and families across Western New York who have been harmed by substandard medical care. This page explains how medical malpractice law works in New York, what your claim may involve, and how our team can help you understand your options.
Drop by our office to discuss your case with an attorney at no cost, or call us at 1-800-LAW-AMPM to schedule an appointment.
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What Is Medical Malpractice in New York
Medical malpractice occurs when a licensed healthcare provider fails to meet the accepted standard of care, and that failure causes measurable harm to a patient. It is not simply a bad outcome. For a claim to exist, the provider’s conduct must fall below what a reasonably competent professional in the same field would have done under similar circumstances.
The Standard of Care Explained
The “standard of care” refers to the level of skill and treatment that a reasonably competent healthcare provider would deliver in a similar situation. Courts and medical experts use this benchmark to evaluate whether a provider’s actions were appropriate. In New York, this standard applies to doctors, nurses, hospitals, and other licensed providers alike.
When a Bad Outcome Becomes Negligence
Not every surgical complication or unexpected diagnosis qualifies as malpractice. A claim requires showing that the provider deviated from accepted medical practice, not merely that the treatment did not work as hoped. The distinction between an unfortunate result and actual negligence is one of the first things our Buffalo medical malpractice attorneys assess when reviewing a potential claim.
Who Can Be Held Responsible
Medical malpractice claims can name individual physicians, surgeons, anesthesiologists, nurses, or the hospitals and healthcare systems where treatment was provided. Facilities like Kaleida Health or Erie County Medical Center (ECMC) may be responsible when negligent care occurs within their systems. Identifying the right parties is a foundational step in building a valid claim.
Common Types of Medical Malpractice in Buffalo
Medical errors take many forms, and they can happen in any healthcare setting. Buffalo residents receive care across a range of facilities, from large systems like Roswell Park Comprehensive Cancer Center to community hospitals and private practices. Understanding the categories of malpractice helps patients recognize when something may have gone wrong.
Diagnostic Errors and Delayed Diagnosis
A missed or delayed diagnosis is one of the most common forms of medical malpractice. When a condition like cancer, a heart attack, or an infection goes unidentified, the window for effective treatment can close quickly. Patients who received a delayed or incorrect diagnosis and suffered serious harm as a result may have grounds for a claim.
Surgical and Procedural Errors
Surgical mistakes, such as operating on the wrong site, leaving instruments inside a patient, or causing unnecessary damage to surrounding tissue, can have severe consequences. These errors may also arise during routine procedures performed in outpatient settings. Our Buffalo personal injury attorneys have seen how procedural negligence can disrupt every aspect of a person’s life.
Medication and Treatment Mistakes
Prescribing the wrong drug, administering an incorrect dosage, or failing to account for dangerous drug interactions are all forms of treatment-related negligence. These errors can occur at the prescribing, dispensing, or administration stage. Patients harmed by medication mistakes deserve a thorough review of what went wrong and who bears responsibility.
How New York’s Medical Malpractice Laws Work
New York has specific procedural rules governing malpractice claims that differ meaningfully from those in other states. Understanding these requirements before you file is essential, because missing a deadline or failing to meet a procedural threshold can end a valid claim before it begins.
The Statute of Limitations in New York
In most medical malpractice cases, New York law gives you two and a half years from the date of the negligent act to file a lawsuit. There are limited exceptions, such as cases involving a foreign object left in the body or claims on behalf of minors. If you believe you have a claim, speaking with a Buffalo medical malpractice lawyer as soon as possible helps preserve your legal options.
New York’s Certificate of Merit Requirement
Before a medical malpractice lawsuit can proceed in New York, plaintiffs are generally required to file a certificate of merit. This document certifies that a medical malpractice lawyer has consulted with a licensed physician and has a reasonable basis to believe the claim is meritorious. This requirement is designed to filter out claims without a credible medical foundation, and it makes early case evaluation particularly important.
Comparative Fault in New York Malpractice Cases
New York follows a pure comparative fault framework. This means that even if a patient is found partially responsible for their own injury, they can still recover damages reduced in proportion to their share of fault. There is no threshold percentage that bars recovery entirely.
This differs from contributory negligence states, where any amount of patient fault can eliminate a claim altogether.
Proving a Medical Malpractice Claim
Successfully pursuing a medical malpractice claim requires more than demonstrating that something went wrong. New York courts require plaintiffs to establish specific legal elements, typically with the support of qualified medical experts who can speak to the standard of care and how it was breached.
The Four Elements You Must Establish
Every medical malpractice claim rests on four key elements: a provider-patient relationship existed, the provider deviated from the standard of care, that deviation directly caused harm, and measurable damages resulted. All four must be present. If even one element is missing, the claim generally cannot proceed.
The Role of Medical Expert Testimony
Expert witnesses are central to almost every malpractice case in New York. A qualified physician in the same or a related specialty reviews the records, evaluates what should have been done, and testifies about where the care fell short. Without credible expert support, it is difficult to meet the burden of proof required in these cases.
Documenting Your Damages
Damages in a malpractice case may include medical expenses, lost wages, long-term care costs, and the ability to recover compensation for pain and suffering. Thorough documentation, including medical records, billing statements, and employment records, strengthens the damages portion of a claim. Our attorneys work with clients to gather and organize this information from the start.
How Our Buffalo Medical Malpractice Attorneys Can Help
Pursuing a malpractice claim while recovering from a serious injury is demanding. Our legal team at Finkelstein & Partners handles the legal work so clients can focus on their health. We serve individuals and families across Erie County and the broader Western New York region, including those in Cheektowaga, Tonawanda, and Amherst.
Our Law Firm’s Approach to Case Investigation
We begin every case with a detailed review of medical records, provider notes, and treatment timelines. We work to identify where the standard of care was breached and what that breach cost you. For clients dealing with injuries related to accidents as well as medical harm, our Buffalo car accident attorneys and injury team can address multiple aspects of a case when they overlap.
Working with Qualified Medical Experts
Our firm connects clients with experienced medical professionals who can evaluate their ongoing care and provide the expert opinions needed to build a strong and successful claim. These experts review the facts objectively and help translate medical records into clear, important evidence. Their involvement is a critical part of the process for any serious malpractice case.
Serving Western New York Families
Buffalo winters create real challenges in emergency care, from delayed ambulance response times to difficult access to trauma centers. These local realities sometimes factor into cases involving delayed treatment. Whether your case involves a Buffalo slip and fall that led to a surgical error or a misdiagnosis during a local hospital stay, we are familiar with the Erie County court system and committed to representing Western New York clients with care.
Frequently Asked Questions About What Constitutes Medical Malpractice and Filing Claims in Buffalo
The questions below address details that often come up after the main topics are covered. This information is general in nature and does not constitute legal advice. Reading this page does not create an attorney-client relationship.
Contact a Medical Malpractice Attorney in Buffalo, NY for a Free Consultation
If you believe you or a family member received negligent medical care in the Buffalo area, Finkelstein & Partners is here to help you understand your options. Our attorneys serve clients throughout Erie County and Western New York and are familiar with the local courts, hospital systems, and legal requirements that apply to these cases. Contact us today to schedule a consultation and learn whether you may have a viable claim.