Medical Malpractice Lawyer Rochester NY | SRIS, P.C.
Medical Malpractice Lawyer Rochester NY — What Are Your Rights After a Medical Error?
If you or a loved one suffered harm due to a doctor, nurse, or hospital’s negligence in Rochester, you need a dedicated Medical Malpractice Lawyer Rochester NY. Medical malpractice claims in New York are governed by strict statutes of limitations and require experienced testimony to prove a deviation from the accepted standard of care. The Law Offices Of SRIS, P.C.
What Constitutes Medical Malpractice in New York?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, directly causing injury to a patient. This is not simply a bad outcome; it requires proving negligence. In New York, the legal framework for these claims is established under N.Y. C.P.L.R. § 214-a, which sets a specific statute of limitations. The standard of care is defined as the level and type of care that a reasonably prudent healthcare professional with similar training would have provided under the same circumstances. A breach of this duty, such as a surgical error, misdiagnosis, medication mistake, or failure to obtain informed consent, can form the basis of a claim.
Last verified: April 2026 | New York State Unified Court System | New York State Courts
External Legal Resources
For official state law, refer to the New York Civil Practice Law & Rules. For court procedures and forms, visit the New York State Unified Court System website.
handling a Medical Malpractice Claim in Rochester
Pursuing a medical malpractice case in Monroe County is a complex, multi-step process. New York law requires a Certificate of Merit from a qualified medical experienced to be filed with your complaint, affirming that your claim has merit. The initial investigation is critical and involves a thorough review of all medical records by both your legal team and independent medical experts to identify the precise breach of care. Given the high stakes and resources insurance companies deploy to defend these claims, having an attorney with a strategic approach is essential.
- Case Evaluation & Investigation: An attorney will obtain and review all relevant medical records and consult with medical experts to assess the viability of your claim.
- Filing the Notice of Claim & Certificate of Merit: If the case is viable, your attorney will file a summons and complaint, along with the legally required Certificate of Merit from a consulting physician.
- Discovery Phase: Both sides exchange information through depositions, interrogatories, and requests for documents. Your medical history will be scrutinized.
- experienced Testimony Development: Your attorney works with medical experts to prepare detailed reports and testimony that clearly establish the standard of care and how it was breached.
- Settlement Negotiation or Trial: Most cases are resolved through negotiation. If a fair settlement cannot be reached, your attorney will prepare to present your case at trial before a jury.
Potential Damages in a Medical Malpractice Case
In Rochester, a successful medical malpractice claim can recover compensation for economic and non-economic losses resulting from the provider’s negligence.
| Damage Type | Description | Examples |
|---|---|---|
| Economic Damages | Quantifiable financial losses. | Past and future medical bills, rehabilitation costs, lost income, loss of earning capacity. |
| Non-Economic Damages | Subjective, non-financial losses. | Pain and suffering, emotional distress, loss of enjoyment of life, disfigurement. |
| Wrongful Death Damages | In cases of fatal negligence. | Funeral expenses, loss of financial support, loss of companionship, and conscious pain and suffering of the deceased. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Medical Malpractice Case
The Law Offices Of SRIS, P.C. was founded in 1997. With over 120 years of combined attorney experience, our firm has a record of handling complex litigation. Our approach is grounded in a detailed investigation and collaboration with skilled medical experts to build compelling cases that demonstrate how a healthcare provider’s negligence caused harm. We understand the significant impact a medical error can have on your life and health, and we are committed to advocating for the full compensation you deserve under New York law.
Case Results and Client Advocacy
The Law Offices Of SRIS, P.C. has a firm-wide record of over 4,739 case results across our practice areas, with a favorable outcome rate exceeding 93%. While every medical malpractice case is unique and results depend on specific facts, our firm brings substantial resources and experience to each claim. Results may vary.
Medical Malpractice Law Firm Rochester NY
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (838) 292-0003
By appointment only.
Our Buffalo location serves clients throughout Western New York, including Rochester. We offer 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only.
Frequently Asked Questions
What is the time limit to sue for medical malpractice in New York?
Yes, there is a strict deadline. Generally, you have 2 years and 6 months from the date of the malpractice or from the end of continuous treatment by the negligent provider to file a lawsuit, as per N.Y. C.P.L.R. § 214-a. There are limited exceptions, so consult an attorney immediately.
Do I need a medical experienced for my case?
Yes. New York law requires a Certificate of Merit from a qualified medical experienced at the time of filing, stating that there is a reasonable basis for the claim. experienced testimony is also essential to prove the standard of care and how it was breached.
What is the most common type of medical malpractice?
It depends on the data set, but common claims include diagnostic errors (missed or delayed diagnosis), surgical errors, medication mistakes, anesthesia errors, and childbirth injuries. Each requires proving a specific failure in the standard of care.
How much does a Medical Malpractice Attorney Rochester NY cost?
Most medical malpractice attorneys, including our firm, work on a contingency fee basis. This means you pay no upfront fees; attorney fees are a percentage of the compensation recovered only if we win your case. Initial consultations are typically free.
Can I sue a hospital for a doctor’s mistake?
Yes, under the legal principle of respondeat superior, a hospital can be held liable for the negligence of its employees, including doctors and nurses, if they were acting within the scope of their employment. You may also have a claim for negligent hiring or supervision.
New York Personal Injury Lawyer | Personal Injury Lawyer Buffalo NY | Criminal Defense Lawyer Rochester NY
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.