Brooklyn Medical Malpractice Lawyer

Fighting for Injured New Yorkers for 39+ Years

Brooklyn Medical Malpractice Lawyer

What Our Clients Say

Who We Help With Brooklyn Medical Malpractice Claims

We help clients who are dealing with serious harm caused by a healthcare provider's failure to meet the accepted standard of care. That includes a Park Slope patient whose cancer went undiagnosed for years, a mother in Bedford-Stuyvesant whose baby suffered a preventable birth injury during delivery, a Flatbush resident whose surgical procedure resulted in permanent complications, and a Crown Heights family who lost a loved one to anesthesia negligence. We represent Brooklyn medical malpractice victims injured by diagnostic errors, botched surgeries, birth injuries, medication mistakes, hospital negligence, and misdiagnosis. Whether you describe your situation as a doctor's mistake, a medical error, or a hospital failure, if a healthcare provider deviated from the standard of care and you were harmed, we want to hear from you.

Our Brooklyn Medical Malpractice Services

Medical malpractice is not a single type of case. It covers a wide range of situations where a healthcare provider's negligence caused preventable harm. Below are the core practice areas we handle for Brooklyn clients.

Failure to Diagnose Cancer

A delayed or missed cancer diagnosis can turn a treatable condition into a life-threatening one. We've recovered millions for Brooklyn patients whose cancers, breast, vulvar, lung, and others, were ignored, misread, or never properly tested. Our $1.9 million settlement for a 32-year-old newlywed whose family doctor gave false reassurances about a palpable breast lump, and our $2.3 million jury verdict for a failure to diagnose breast cancer at Elmhurst Medical Center, speak directly to what's at stake in these cases. If your oncologist, radiologist, or primary care doctor failed to catch your cancer in time, time is already working against you.

Surgical Errors and Botched Procedures

Not every bad surgical outcome is malpractice, but some are. Operating on the wrong site, leaving instruments inside a patient, damaging nearby nerves or organs, or failing to follow proper technique all cross the line into negligence. We secured a $3.3 million settlement for a healthy 39-year-old who died during an elective liposuction procedure after the surgeon and anesthesiologist each failed to meet the standard of care. We've handled cases where altered records were used to cover up the negligence, and we found them anyway.

Birth Injuries and Cerebral Palsy

Few situations are more devastating than a preventable injury to a newborn. When doctors fail to monitor fetal distress, misuse forceps or vacuum extractors, or respond too slowly to complications, babies can suffer brain damage, cerebral palsy, Erb's palsy, and lifelong developmental conditions. We obtained a $20 million structured settlement on behalf of a family whose infant was born with cerebral palsy and brain damage due to delivery room negligence. These cases demand immediate investigation, medical records change, and evidence must be preserved quickly.

Misdiagnosis and Delayed Diagnosis

A wrong diagnosis can allow a treatable condition to become life-threatening. Heart attacks read as indigestion. Strokes dismissed as migraines. Infections that went septic because no one caught them in time. We represent Brooklyn patients who suffered serious harm because a doctor failed to recognize what was happening, or failed to follow up when something wasn't right.

Anesthesia Errors

Anesthesia mistakes can cause brain damage, stroke, heart attack, or death. These cases are extraordinarily complex and often involve finger-pointing between surgeons and anesthesiologists. We've litigated exactly that scenario, and our forensic analysis of the timeline established who was responsible. When multiple providers share blame, we pursue claims against all of them.

Hospital Negligence

Hospitals have legal duties that go beyond providing a facility. They must credential doctors properly, supervise residents and less experienced physicians, staff units at appropriate ratios, and maintain systems to catch errors before they harm patients. When those systems fail, the hospital itself is often liable, separately from the individual doctor. We investigate both.

Gynecology Malpractice

Gynecological negligence, including failures to diagnose vulvar cancer, cervical cancer, or other conditions, along with surgical complications from routine procedures, requires sensitive, experienced representation. We've recovered a $1.75 million settlement for a woman whose gynecologist dismissed a vulvar lesion as a yeast infection for over four years while cancer spread throughout her body, and a $1.2 million settlement for a similar misdiagnosis. These are cases we handle with both skill and discretion.

Why Choose Michael Gunzburg, P.C. for Brooklyn Medical Malpractice

No other Brooklyn medical malpractice firm can credibly say what's true here: Michael Gunzburg is a licensed New York CPA and a personal injury attorney. That dual credential isn't a marketing point, it's a practical advantage. He reads hospital billing records with the same precision he applies to legal strategy. He understands how to calculate economic damages, including future medical costs, lost earning capacity, and long-term care needs, in ways most lawyers have to outsource. That depth matters when a defense team is trying to minimize what your case is worth.

Beyond that, every case at this firm is prepared for trial from day one. Most malpractice lawyers settle fast because they're afraid of the courtroom. We're not. Our $2.3 million jury verdict for a failure to diagnose breast cancer is proof. Insurance companies and hospital defense teams know we'll go the distance, and that changes how they negotiate.

We've recovered over $40 million in medical malpractice results, including a $20 million structured settlement, a $5.6 million confidential settlement, and multiple multimillion-dollar verdicts. We also exposed altered medical records in a wrongful death case, the kind of detail that only surfaces when an attorney digs deep and refuses to take the hospital's version at face value. Clients stay with us for decades. One client has referred family and friends to this firm for nearly 20 years. That kind of trust is earned one case at a time.

What Happens After You Call Michael Gunzburg, P.C.

You Get Direct Access to the Attorney

When you call (212) 725-8500, you're not routed to a paralegal or a case intake specialist. You speak with Michael Gunzburg. He listens to your situation, asks the right questions, and gives you an honest assessment, including the strengths and the challenges of your potential case. There's no pressure and no sales pitch.

We Return Calls Within 24 Hours

If you reach out after hours or submit a message through gunzburglaw.com/contact-us/, you'll hear back within 24 hours. Throughout your case, you'll receive regular email updates and direct phone access. Clients consistently say they always felt fully informed, never left wondering what was happening.

We Gather Your Records and Consult Medical Experts

If we take your case, we move immediately. Medical malpractice cases require fast action to preserve records, obtain diagnostic images, and consult with top expert witnesses across specialties, oncologists, surgeons, obstetricians, anesthesiologists, and others. Medical evidence can disappear. We don't wait.

We Build Your Case for Trial

Every file is prepared as if it's going to a jury, even if it settles. That means expert reports, demonstrative exhibits, deposition preparation, and a damages analysis that captures everything you're owed, past and future medical bills, lost wages, pain and suffering, and long-term care costs. This level of preparation is why defendants take our cases seriously.

We Fight Until You're Fairly Compensated

If the offer is fair, we settle. If it isn't, we go to trial. We've settled cases on the courthouse steps, won jury verdicts, and forced last-minute settlements after defendants realized we weren't bluffing. You pay nothing unless we recover compensation for you.

Important Things to Know About Medical Malpractice in Brooklyn

The statute of limitations is 2.5 years. In New York, you generally have 30 months from the date the malpractice occurred to file a medical malpractice lawsuit. This deadline runs from the act of negligence, not from when you discovered the harm. Missing it almost always means losing your right to recover, regardless of how strong your case is.

The continuous treatment doctrine may extend your deadline. If the same provider continued treating you for the same condition related to the alleged malpractice, the clock may not start until that treatment ended. This requires active, ongoing treatment, not occasional follow-up visits, and applies only when the malpractice and continued treatment are closely related.

Cancer misdiagnosis cases follow a different rule under Lavern's Law. For cancer misdiagnosis cases specifically, the statute of limitations runs 2.5 years from the date you discovered, or reasonably should have discovered, that malpractice caused the delayed diagnosis, but no more than seven years from the actual malpractice. This is a meaningful exception for patients who didn't know they'd been harmed for years.

Claims against municipal hospitals require a Notice of Claim within 90 days. If your treatment occurred at an NYC Health + Hospitals facility, Kings County Hospital, or another public hospital in Brooklyn, you must file a Notice of Claim within 90 days of discovering the malpractice. This is separate from the lawsuit deadline and is easy to miss without an attorney.

Expert medical testimony is required to prove malpractice. You cannot win a medical malpractice case in New York on your account alone. The law requires expert testimony from a qualified medical professional who can establish that the defendant deviated from the accepted standard of care and that deviation caused your injury. We maintain relationships with highly credentialed experts across every relevant specialty.

Not every bad outcome is malpractice. Medicine involves risk. The question isn't whether something went wrong, it's whether a competent provider practicing within the same specialty would have done things differently. That's the standard of care, and it's what our experts evaluate in every case.

Key Takeaways

• New York's medical malpractice statute of limitations is 30 months (2.5 years) from the date of malpractice, not from when you discovered the harm, with limited exceptions including Lavern's Law for cancer misdiagnosis cases.
• If your treatment occurred at a municipal Brooklyn hospital such as Kings County Hospital or an NYC Health + Hospitals facility, you must file a Notice of Claim within 90 days of discovering the malpractice or you may lose your right to sue.
• Medical malpractice cases in New York require expert medical testimony, proving that your doctor deviated from the accepted standard of care and that the deviation caused your harm.
• Michael Gunzburg holds dual credentials as a licensed New York CPA and personal injury attorney, giving him a distinct advantage in evaluating economic damages and reviewing complex medical billing records.
• This firm has recovered over $40 million in medical malpractice results, including a $20 million structured settlement for a birth injury, a $3.3 million settlement in a surgical death case, and a $2.3 million jury verdict for failure to diagnose breast cancer.

Frequently Asked Questions About Medical Malpractice in Brooklyn

How do I know if what happened to me was actually malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, meaning a competent provider in the same specialty would have acted differently under the same circumstances. A bad outcome alone isn't malpractice. The key is whether your provider deviated from what's medically acceptable and whether that deviation caused your injury. During your free consultation, we evaluate your situation honestly and consult with medical experts if warranted. If you don't have a viable claim, we'll tell you directly.

How long do I have to file a medical malpractice lawsuit in Brooklyn?

In New York, the standard deadline is 2.5 years (30 months) from the date the malpractice occurred. For cancer misdiagnosis cases, Lavern's Law starts the clock from the date you discovered, or should have discovered, that malpractice caused the harm, with a maximum of seven years from the original negligent act. For treatment at public hospitals, a Notice of Claim must also be filed within 90 days of discovery. These deadlines are strict. Contact an attorney as soon as possible to protect your rights.

What does it cost to hire a Brooklyn medical malpractice lawyer?

Nothing upfront. We work on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. We also advance all litigation costs, expert witness fees, medical record reviews, deposition costs, and trial preparation expenses. If we don't win, you owe nothing. Your initial consultation is completely free.

What if I'm not sure my doctor was negligent, can I still call?

Yes. You don't need to have all the answers before calling. That's what the consultation is for. Malpractice cases are complex, and it often takes expert review to determine whether negligence occurred. We'll listen to what happened, review whatever records you have, and consult with medical professionals if your situation warrants further investigation. We give honest assessments, including when we don't think a case exists.

What can I recover in a Brooklyn medical malpractice case?

You can recover compensation for past and future medical expenses, lost wages, loss of earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving catastrophic injury or permanent disability, damages can also include the cost of long-term care. In wrongful death cases, families can recover funeral expenses and compensation for the loss of financial support and companionship. Because Michael Gunzburg holds a CPA credential alongside his law license, he evaluates the full financial scope of your damages with a level of precision most attorneys can't match.

Can I sue if the hospital blames the individual doctor, or vice versa?

Yes. In many malpractice cases, both the treating physician and the hospital share responsibility. Hospitals have independent legal duties, to properly credential doctors, staff units safely, supervise residents, and maintain safe conditions. When those duties are breached separately from the doctor's error, the hospital can be held liable on its own. When providers point fingers at each other, that actually helps establish that neither met the standard of care. We pursue claims against every responsible party.

What if I'm still receiving treatment, can I still start a case?

Yes. You can begin the process while you're still under medical care. In fact, starting early is often better, because evidence must be preserved quickly and the statute of limitations clock is already running. We can investigate what happened and build your case while you continue focusing on your health. We work around your schedule, including home and hospital visits when clients cannot travel to our office.

Does it matter which Brooklyn hospital or clinic my injury occurred at?

No. We handle medical malpractice cases involving SUNY Downstate Medical Center, Maimonides Medical Center, NYU Langone Brooklyn, Kings County Hospital, Brooklyn Hospital Center, and facilities throughout Park Slope, Williamsburg, Flatbush, Bay Ridge, Crown Heights, Bedford-Stuyvesant, and beyond. If a facility is publicly operated, the Notice of Claim requirement applies, another reason to call promptly.

How are medical malpractice cases different from other personal injury claims?

Medical malpractice cases are more complex than most personal injury claims. They require expert medical testimony to prove a standard of care violation, involve detailed review of medical records, and often feature powerful defense teams funded by hospital systems and their insurers. The evidence is technical, the defendants are well-resourced, and juries require clear education about what should have happened. These are exactly the kinds of cases we've spent 39+ years building, and winning.

What if my loved one died because of a doctor's mistake?

A wrongful death caused by medical malpractice gives the estate and eligible family members the right to pursue compensation. Recoverable damages include medical expenses leading to death, conscious pain and suffering, funeral and burial costs, and in some cases, financial losses sustained by surviving family members. These cases require immediate investigation before evidence disappears and deadlines pass. Call (212)-725-8500 as soon as possible so we can evaluate your situation.

Areas We Serve in Brooklyn

We represent medical malpractice victims throughout Brooklyn and the surrounding boroughs. Our clients come from Park Slope, Brooklyn Heights, Williamsburg, Greenpoint, DUMBO, Cobble Hill, Carroll Gardens, Boerum Hill, Fort Greene, Clinton Hill, Bedford-Stuyvesant, Crown Heights, Prospect Heights, Flatbush, Bushwick, Sunset Park, Bay Ridge, Borough Park, Dyker Heights, Coney Island, Brighton Beach, Sheepshead Bay, Brownsville, East New York, and Canarsie. Cases have arisen at hospitals and clinics near SUNY Downstate, Maimonides, Kings County Hospital, and Brooklyn Hospital Center. We also handle cases throughout Manhattan, Queens, the Bronx, Staten Island, and Nassau and Suffolk Counties.