Long Island is home to major health systems, Northwell Health, NYU Langone hospitals, and Stony Brook University Hospital, as well as hundreds of independent practices and community hospitals. When a physician, surgeon, or facility falls below the accepted standard of care, the consequences can be devastating. New York's medical-malpractice statutes impose strict procedural requirements that make early legal guidance essential.

Why Gold & Gold in New York

Jonathan E. Gold and the Melville team have litigated against the insurance carriers and self-insured trusts that defend major New York health systems, and that experience shapes how we build and present your case. We understand the procedural hurdles New York imposes and work with leading medical experts to satisfy them before your case is ever filed.

New York courts, deadlines & rules

New York's medical-malpractice statute of limitations is 2 years and 6 months (30 months) from the date of the negligent act, under CPLR 214-a, shorter than Florida's two-year period and considerably shorter than New York's general three-year personal-injury deadline. The continuous-treatment doctrine can toll this clock while you remain under the same provider's care for the same condition, but the doctrine has limits and should not be relied upon without legal advice. Critically, New York requires a certificate of merit (CPLR 3012-a): your attorney must file an affirmation that a licensed physician has reviewed the records and believes there is a reasonable basis for the claim, or explain why such review was not possible within the filing deadline. Cases against public hospitals (e.g., NYC Health + Hospitals) require a Notice of Claim within 90 days of the malpractice. Long Island cases are venued in Nassau County Supreme Court (Mineola) or Suffolk County Supreme Court (Riverhead).

Common medical malpractice cases we see in New York

  • Surgical errors and wrong-site surgery at Long Island hospital systems
  • Delayed diagnosis of cancer at Northwell or NYU Langone facilities
  • Emergency-room misdiagnosis of stroke or heart attack
  • Anesthesia errors during elective procedures at Nassau and Suffolk outpatient centers
  • Birth injuries resulting from delayed C-section or improper use of forceps
FAQ

Frequently Asked Questions

What is the certificate of merit and how does it affect my case?
Under CPLR 3012-a, your attorney must file an attorney's affirmation stating that a licensed physician reviewed the facts and found a reasonable basis for the claim, or that the statute of limitations would expire before such a review could be completed. This is a New York-specific requirement designed to screen out frivolous claims; failing to satisfy it can result in dismissal. We coordinate expert review before filing to meet this obligation.
Does the continuous-treatment doctrine extend my filing deadline in New York?
It can. If you continued receiving treatment from the same provider for the same condition after the negligent act, the 30-month clock may be tolled until treatment ended. However, the doctrine does not apply to isolated consultations or treatment by different providers at the same hospital. An attorney should evaluate your specific timeline before you assume you have more time.
I was treated at a New York City public hospital. Does that change my rights?
Yes. Claims against NYC Health + Hospitals (formerly HHC) and other public facilities require a Notice of Claim filed within 90 days of the alleged malpractice, followed by a hearing before a municipal hearing officer. Missing the 90-day window can bar your claim entirely, which is why immediate consultation is critical.