COVID-19 Notice: The Perecman Firm has returned to in-person operation in accordance with safety regulations set by New York State and CDC health officials. Our attorneys will continue to provide top-notch legal representation and are available to discuss your case in person, over the phone, via email or video.

Medical Malpractice FAQ

More Than Half a Billion Dollars Recovered by Our NYC Injury Lawyers

Medical malpractice is the third most common cause of death in America, behind cancer and heart disease. Our team at The Perecman Firm, P.L.L.C. handles medical malpractice cases on behalf of victims and their families in New York City. On this page, we’ve addressed some of the questions we receive most often involving medical malpractice. For a personal review of your case free of charge, contact our office today at (212) 577-9325.


"Every case has its weaknesses. It is the job of a good personal injury lawyer to turn those weaknesses into strengths and to blow the defense out of the water." 

- David Perecman, Personal Injury Attorney

Frequently Asked Questions

Medical Malpractice
  • Q:What is medical malpractice?

    A:New York medical malpractice law defines medical malpractice as negligence committed by a professional health care provider - a doctor, nurse, dentist, hospital, hospital worker, etc. - whose performance fails to meet the standard of care expected of those with similar training and experience, resulting in harm to a patient. The profession itself sets the standard for medical malpractice by its own custom and practice.

  • Q:Do I need a New York City malpractice attorney to pursue a medical malpractice case?

    A:Yes, we believe that is the best way to proceed. Medical malpractice cases are very complex and difficult to pursue and can be quite expensive to litigate. Our medical malpractice attorneys in New York will obtain all relevant medical records, laboratory results, pathology reports and all other data resulting from testing that may be relevant to your case.

  • Q:What sort of damages can be recovered from a medical malpractice lawsuit?

    A:Medical malpractice attorneys in New York can help victims recover medical expenses for treating the injuries caused by the malpractice; damages for pain and suffering; disfigurement and disability damages; lost wages and ability to earn wages in the future. In certain circumstances, spouses, children and parents of negligently injured people may recover damages for the loss of the love, care, affection, companionship and other pleasures of the family relationship lost due to medical malpractice.

  • Q:Who will receive money after a successful medical malpractice lawsuit for a birth injury?

    A:If a living child suffers harm due to an avoidable birth injury, damages awarded as part of a successful medical malpractice lawsuit will typically go to the child, sometimes in the form of a legal trust.

  • Q:What if my insurance company or Medicare/Medicaid paid for the treatment that I believe was malpractice? Can I contact a medical malpractice attorney in New York to file a claim even though no money came from my pocket?

    A:Absolutely. It makes no difference who paid for the medical expenses. Health care providers are required to render care and treatment, based on the acceptable standard of care, regardless of who is paying for the procedure, or face the consequences of New York medical malpractice law.

The Perecman Firm

How We Help Our Clients Succeed
  • We have a stellar record of success in accident cases.
  • We are premier trial lawyers and smart litigators.
  • We are highly respected in the legal community.
  • We make you our top priority.
  • We have over 40 years of proven legal experience under our belts.

Willing to Fight 

For the Justice You Deserve
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.