Every potential claim turns on its own medical history, evidence, responsible parties, and deadlines. The points below are a starting place—not a substitute for advice about a particular case.
The initial investigation
An attorney gathers the medical chronology, records, images, and information about the injury. A qualified medical professional may review whether care departed from accepted practice and whether that departure caused harm. New York generally requires an attorney’s certificate of merit with a medical malpractice complaint, subject to statutory alternatives.
Starting the case
The complaint identifies the parties and asserted claims. It must be filed and served within the applicable deadline. The ordinary medical malpractice limitations period is two years and six months, but continuous treatment, specific statutory exceptions, infancy, and public-provider rules can affect timing.
Discovery and testimony
The parties exchange records and other relevant material, answer written demands, and take depositions. The court may set a schedule for this work. Medical records, imaging, communications, and testimony help establish what providers knew and when.
Expert analysis and motions
Medical experts may address the standard of care, causation, and future needs. Either side may ask the court to decide legal or evidentiary issues, including a motion for summary judgment. The case can resolve through settlement at different stages.
Trial and outcome
If the case does not settle or end on a motion, a judge or jury hears the evidence. No timeline or outcome is guaranteed: complexity, the number of parties, discovery disputes, and the court’s schedule all matter.
Related information
This article provides general information, not legal advice. Reading it or contacting Noah does not create an attorney-client relationship. Results depend on the facts and law applicable to each matter.