Where the case is filed
In New York, most medical malpractice lawsuits are filed in the state Supreme Court, which despite its name is the general trial court. Claims against facilities run by the State of New York usually go to the Court of Claims instead, while claims against city and county hospitals generally require a notice of claim, and both routes carry short early deadlines. A case against a federally funded community health center can be treated as a claim against the United States, which follows a separate administrative process before any suit. Which court and which process apply depends on who the defendants are, so identifying them correctly at the outset matters.
The stages in between
After filing, the case moves into discovery, where both sides exchange records and take sworn testimony. You will likely be deposed, meaning questioned under oath by the defense lawyers with your own lawyer present, and the defendants usually are as well. The defense can generally ask for a medical examination of you by a physician it chooses. Each side relies on retained medical witnesses to explain the standard of care and causation, and much of the case turns on how those witnesses read the same chart. Many lawsuits resolve before trial, some through mediation, but preparation for trial typically continues until they do.
What it asks of you
A malpractice lawsuit often takes years rather than months, and the pace is largely set by the court's calendar and the volume of records. During that time your ongoing treatment, your social media, and the activities you describe to others can all become part of the record, so we talk about those early. You will be asked to sign authorizations so the defense can obtain your records, including from providers you saw before the events in question. We keep you informed at each stage and explain the decisions that are yours to make, including whether to accept any offer. Before filing, we discuss honestly whether the case is worth that commitment to you.
