Medical Malpractice Lawyer Rochester, NY

Were you or a loved one harmed by a preventable medical mistake in Rochester?

Compassionate attorneys holding negligent healthcare providers accountable across Rochester, NY.

We trust doctors, nurses, and hospitals with our health and our lives, and when that trust is broken by a preventable error, the consequences can be devastating. A medical malpractice lawyer in Rochester, NY, at Jacobson Injury Firm investigates what went wrong, works with medical experts, and pursues the full compensation an injured patient or grieving family deserves. Attorney Adam Jacobson, licensed in New York, brings a scientific background to these complex cases and handles them with the care they demand. Contact us for a free, confidential consultation.

Medical Malpractice Lawyer Rochester, NY

A medical malpractice claim arises when a healthcare provider fails to meet the accepted standard of care and a patient is harmed as a result. Not every bad outcome is malpractice, medicine carries inherent risks, but when a provider’s error causes injury that competent care would have avoided, the patient may have a claim. Rochester is home to Strong Memorial Hospital, one of the region’s leading medical centers, as well as Rochester General Hospital, Unity Hospital, and numerous specialty practices and clinics. When care at any of these facilities falls short of the required standard, the harm can be significant. Matters that proceed to litigation are heard in Monroe County Supreme Court, part of New York’s 7th Judicial District.

Types of Medical Malpractice Cases We Handle

Medical negligence takes many forms. The matters we handle include:

• Misdiagnosis and delayed diagnosis. A failure to correctly or timely diagnose a condition, such as cancer or a heart attack, that allows harm to progress.
• Surgical errors. Wrong-site surgery, retained instruments, and preventable surgical mistakes.
• Medication errors. Incorrect drugs, doses, or dangerous interactions that harm a patient.
• Birth injuries. Preventable harm to a baby or mother during labor and delivery.
• Anesthesia errors and hospital negligence. Errors in anesthesia, monitoring, infection control, and nursing care.

New York’s Med-Mal Deadlines: A Shorter Clock

New York’s medical malpractice statute of limitations under CPLR § 214-a is shorter than the general three-year personal injury SOL. Most malpractice claims must be filed within two years and six months of the negligent act, omission, or failure. Unlike most other injury claims, New York does not apply a general discovery rule, meaning the clock usually starts on the date of the negligence, not when the patient learned of the injury. Two narrow exceptions exist: a foreign object left in the body (one year from discovery) and failure to diagnose cancer (Lavern’s Law, giving 2.5 years from when the patient knew or should have known of the error).

The continuous treatment doctrine can extend the deadline: if the same provider continued treating the patient for the same condition that gave rise to the malpractice, the 2.5-year clock runs from the last date of that treatment, not the date of the original error. And for minor patients, the clock is tolled until age 18, but subject to an absolute 10-year outer cap from the date of malpractice. A surgeon’s error when a child is five gives until that child is fifteen, not twenty. These rules are strict and fact-specific, which is why involving an attorney early is critical.

New York’s Certificate of Merit Requirement

New York adds a procedural hurdle that not every state has. Under CPLR § 3012-a, a malpractice complaint must be accompanied, or followed within 90 days, by a certificate of merit from the plaintiff’s attorney stating that the attorney has consulted with at least one qualified medical professional and that professional has opined there is a reasonable basis for the claim. Failure to comply can result in dismissal. This requirement makes early expert consultation not just helpful, but legally necessary.

Why Choose Jacobson Injury Firm as Your Medical Malpractice Lawyer in Rochester, NY?

A Scientific Background That Matters

Malpractice cases live or die on medical evidence. Adam Jacobson holds a Bachelor of Science in Biotechnology with a minor in Immunology alongside his law degree from Florida International University College of Law and bar admissions in New York, Florida, Connecticut, and Illinois. That scientific foundation helps him work through complex medical records, understand expert testimony, and challenge a defense expert effectively.

Direct, Personal Representation

These cases are deeply personal and deserve an attorney’s full attention. Adam personally handles every case from the first phone call to final resolution. He has recovered millions of dollars for injured clients and knows the Monroe County courts where these cases are decided.

No Fee Unless We Win

Medical malpractice cases are handled on a contingency fee basis, so there is no retainer and no hourly billing. Because these cases require significant expert investment, this arrangement lets injured patients pursue accountability without financial risk. For the full range of matters we handle, see our Rochester personal injury lawyer overview.

Understanding Damages Under New York Law

Once negligence and causation are established, compensation is meant to address the full harm the error caused. Recoverable damages may include all past and future medical care, rehabilitation, lost wages and diminished earning capacity, and pain and suffering. New York does not cap non-economic damages in medical malpractice cases. When malpractice causes catastrophic harm, such as a serious Rochester traumatic brain injury, future-care costs are often the largest component of the claim, and in the most tragic cases, a Rochester wrongful death claim may be available to the family.

Important Aspects of a Medical Malpractice Case

Obtaining and carefully reviewing the complete medical records is the essential first step. Qualified experts must review them to establish the standard of care and how it was breached, which is also necessary to meet the certificate of merit requirement. Preserving evidence and building a precise timeline are central. The 2.5-year deadline is shorter than most injury claims, and the certificate process takes time, so involving an attorney early is critical.

The Medical Malpractice Case Timeline

We obtain and review the records, retain the right medical experts, and prepare the certificate of merit required by New York law. We then file the complaint, submit a demand, and negotiate toward a fair settlement. If the matter does not resolve, we move into discovery. Finally, the case resolves through settlement or, when necessary, a jury trial.

Important New York Legal Resources

New York law heavily regulates these claims. The 2.5-year statute of limitations and its exceptions appear in CPLR § 214-a, the certificate of merit requirement in CPLR § 3012-a, and pure comparative fault under CPLR § 1411 can apply where the patient’s own conduct is at issue. Claims against public hospitals require a Notice of Claim within 90 days. The Brain Injury Association of America offers resources for those whose malpractice resulted in traumatic brain injury.

Medical Malpractice Lawyer FAQs

Is every bad medical outcome malpractice?

No. Medicine carries real risks, and not every disappointing result is malpractice. A claim exists when a provider failed to meet the accepted standard of care, and that failure caused harm that competent care would have avoided. A qualified medical expert reviews the records to make that determination, which is also necessary to meet the certificate of merit requirement.

How long do I have to file a medical malpractice claim in New York?

Under CPLR § 214-a, most claims must be filed within two years and six months of the negligent act. The continuous treatment doctrine can extend this to the last date of treatment for the same condition. Narrow exceptions apply for foreign objects and cancer misdiagnosis. Minor patients’ claims are tolled until age 18, but with a 10-year absolute outer cap from the malpractice.

Does New York require an expert before I can file a malpractice case?

Yes. Under CPLR § 3012-a, your attorney must file a certificate of merit with or within 90 days of the complaint, confirming consultation with a qualified medical expert who opined there is a reasonable basis for the claim. This is one reason malpractice cases require experienced, well-resourced handling from the start.

Does New York cap medical malpractice damages?

No. New York does not cap non-economic damages in malpractice cases. A recovery can reflect the full, actual harm a patient suffered, which matters enormously given the lifelong costs serious medical errors can carry.

What does it cost to hire a medical malpractice lawyer?

Nothing upfront. Jacobson Injury Firm handles these cases on a contingency basis, so there are no attorney fees unless we recover compensation for you, and the initial consultation is free and confidential.

Our Rochester Office

Jacobson Injury Firm serves injured clients throughout Rochester and Monroe County from our office at 1080 Pittsford-Victor Road, Pittsford, NY 14534. Our team is available 24 hours a day, 7 days a week, and you can reach us at (585) 510-4349 to arrange a free consultation.

Contact Jacobson Injury Firm to Schedule a Consultation

If you or someone you love was harmed by a preventable medical error in Rochester, you do not have to take on the hospital and its insurers alone. A Rochester medical malpractice lawyer at our firm will review what happened, consult the right medical experts, and pursue the full compensation the law allows. Consultations are free and confidential, and we work on a contingency basis, so there are no attorney fees unless we recover for you. Contact Jacobson Injury Firm today to speak directly with Adam Jacobson.