Many people believe that if a doctor makes a mistake, they automatically have a medical malpractice lawsuit. In reality, medical malpractice cases are among the most difficult, expensive, and heavily contested types of lawsuits in New York and throughout the country.
At Salenger, Sack, Kimmel & Bavaro, LLP, our attorneys carefully evaluate every potential medical malpractice claim to determine whether negligence occurred, whether the injuries are serious enough to justify litigation, and whether the evidence is strong enough to prove the case before a jury.
Medical malpractice lawsuits require extensive medical review, expert testimony, and significant financial investment. Because of this, attorneys must be selective about the cases they pursue.
Below is a closer look at how experienced medical malpractice lawyers evaluate cases and why some claims move forward while others do not.
The first step in evaluating a potential medical malpractice case is understanding what happened to the patient.
During the initial consultation, we review:
The patient’s medical history
Symptoms and diagnoses
Hospitalizations or surgeries
Communications with doctors or healthcare providers
The timeline of treatment
How the alleged negligence affected the patient’s life
At this stage, we are trying to determine whether there may have been a deviation from the accepted standard of medical care.
Many clients contact our firm after experiencing:
Delayed cancer diagnoses
Surgical errors
Birth injuries
Medication mistakes
Emergency room negligence
Failure to diagnose serious conditions
Hospital negligence
Misread imaging or laboratory results
However, a poor medical outcome alone does not necessarily mean malpractice occurred. Medicine is complex, and not every complication or unsuccessful treatment result is legally actionable.
Medical records are the foundation of every medical malpractice lawsuit.
After the initial consultation, attorneys and medical experts carefully review records from hospitals, physicians, specialists, imaging centers, and other healthcare providers.
This review helps determine:
What treatment was provided
Whether proper protocols were followed
If warning signs were missed
Whether there were delays in diagnosis or treatment
If healthcare providers deviated from accepted medical standards
Medical records often contain highly technical information. Even small details can become critical in determining whether negligence occurred.
Expert medical testimony is essential in nearly every medical malpractice case.
In New York, medical malpractice attorneys frequently work with independent medical experts to analyze whether the healthcare provider violated the accepted standard of care.
Experts help answer important questions such as:
Should the condition have been diagnosed sooner?
Was surgery performed properly?
Were symptoms ignored?
Did a delayed diagnosis worsen the outcome?
Could the injury have been prevented?
Without qualified medical experts supporting the claim, most medical malpractice lawsuits cannot move forward.
This is one reason medical malpractice cases are significantly more expensive and complex than many other personal injury lawsuits.
One of the most important parts of the process is determining whether the case is legally and financially viable.
To pursue a successful medical malpractice lawsuit, attorneys generally must prove four major elements:
The provider must have owed the patient a duty of care.
The provider must have acted in a way that another reasonably competent healthcare professional would not have under similar circumstances.
This is often the most heavily disputed issue in medical malpractice litigation.
Attorneys must prove that the injury resulted from the provider’s negligence — not simply from an underlying illness, pre-existing condition, or unavoidable complication.
The injury must typically involve serious, life-changing, or permanent harm.
Examples may include:
Brain injuries
Paralysis
Loss of organ function
Wrongful death
Severe infections
Permanent disability
Delayed cancer diagnoses
Birth injuries affecting a child’s future
Unfortunately, some patients experience clear medical mistakes but do not suffer permanent or catastrophic injuries. In those situations, the costs of litigation may outweigh the potential recovery.
That does not mean the patient’s experience was unimportant. It reflects the economic realities of medical malpractice litigation, which often requires years of litigation and substantial expert expenses.
Many people are surprised to learn that law firms reject a significant number of potential medical malpractice claims.
Common reasons include:
The injury was temporary rather than permanent
There is insufficient evidence of negligence
The medical records do not support the claim
The connection between the negligence and injury is unclear
The damages are not substantial enough to justify litigation costs
Experts disagree about whether malpractice occurred
The statute of limitations has expired
Medical malpractice attorneys must carefully evaluate both the strength of the case and the potential damages before moving forward.
If the case is accepted, the lawsuit is formally filed.
The litigation process then enters discovery, where both sides exchange evidence and information.
This stage often includes:
Depositions of doctors and witnesses
Expert witness disclosures
Requests for medical records and documents
Independent medical examinations
Hospital policy reviews
Discovery is one of the most important phases of a medical malpractice lawsuit because it allows attorneys to uncover evidence and strengthen the case before trial.
Most strong medical malpractice cases settle before trial.
Settlement negotiations typically occur after substantial evidence has been developed through discovery and expert review.
Insurance companies and hospitals often evaluate:
The strength of the evidence
Expert testimony
Jury appeal
The severity of the injuries
Potential financial exposure at trial
In many cases, defendants choose to settle serious claims rather than risk a large jury verdict.
Only a small percentage of medical malpractice lawsuits actually reach trial.
One reason is that experienced medical malpractice law firms are often highly selective about the cases they accept.
Strong cases with catastrophic injuries and compelling evidence are more likely to settle because defendants recognize the risk of losing before a jury.
Cases that proceed to trial are often more disputed, involving closer questions about negligence, causation, or damages.
Trials are also extremely expensive and time-consuming for both sides.
When a fair settlement cannot be reached, attorneys prepare to present the case before a jury.
Medical malpractice trials involve:
Expert witness testimony
Cross-examinations
Medical evidence presentations
Demonstrative exhibits
Testimony from the injured patient and family members
The goal is to clearly explain complex medical issues in a way jurors can understand while demonstrating how the healthcare provider’s negligence caused harm.
A successful verdict can provide compensation for:
Medical expenses
Lost income
Future care costs
Pain and suffering
Permanent disability
Loss of quality of life
Medical malpractice lawsuits also serve another important purpose: accountability.
Holding healthcare providers accountable can help encourage safer medical practices and prevent similar harm to future patients.
At Salenger, Sack, Kimmel & Bavaro, LLP, our attorneys have extensive experience handling complex medical malpractice lawsuits throughout New York.
Senior Partner Joseph Bavaro has dedicated his career to representing victims of medical negligence and helping families navigate some of the most difficult moments of their lives.
Our firm handles cases involving:
If you believe you or a loved one may have been harmed by medical negligence, contact our firm for a free and confidential case evaluation.
Call 800-675-8556 or contact us online to speak with an experienced New York medical malpractice attorney.
Attorneys evaluate whether there is evidence of negligence, whether the negligence caused injury, and whether the damages are significant enough to justify litigation.
Strong cases typically involve clear medical errors, catastrophic injuries, strong expert support, and evidence directly connecting the negligence to the harm suffered.
Many cases are rejected because the injuries are temporary, causation is unclear, or the cost of litigation exceeds the likely recovery.
Yes. Most strong medical malpractice claims settle before trial once evidence and expert testimony establish significant risk for the defense.
Medical malpractice lawsuits often take several years due to the complexity of medical evidence, expert review, discovery, and court scheduling.
No. A poor outcome alone is not enough. Attorneys must prove that the healthcare provider deviated from accepted medical standards and directly caused harm.