Applicable Standard of Care
The investigation examines what level of professional care was required under the circumstances and how the treatment actually provided compares with that standard.
Medical Malpractice Representation in Nassau County
Nassau County Medical Malpractice Lawyer
When preventable medical errors cause serious harm, determining what happened can require detailed review of medical records, treatment decisions, diagnostic evidence, and expert opinion. Marks Law Group evaluates serious medical malpractice claims throughout Nassau County.
Serving Nassau County from our Great Neck office
Free consultation · No attorney fee unless compensation is recovered.
Case-related expenses may apply depending on the fee agreement.
$40M+
Recovered for injured clients over Harris Marks’ career*
15+ Years
Legal experience handling serious injury matters
Great Neck Office
Physical office located in Nassau County
Medical Malpractice Representation · Nassau County, New York
Medical Negligence Claims
When a Medical Outcome May Require Legal Investigation
A poor medical outcome does not automatically mean malpractice occurred. Medicine involves known risks, difficult decisions, and conditions that can worsen even when appropriate care is provided.
A potential medical malpractice case requires a deeper question: whether the care provided departed from the applicable professional standard and whether that departure caused or contributed to a legally compensable injury.
That analysis can require review of hospital records, physician notes, diagnostic imaging, laboratory testing, operative reports, medication records, consent documentation, treatment chronology, and expert medical opinion.
Marks Law Group evaluates serious medical negligence matters throughout Nassau County from its physical office in Great Neck.
Evaluating Medical Malpractice
A Bad Result Is Not Automatically Medical Malpractice
Medical malpractice cases typically turn on the quality of the care provided, the applicable professional standard, causation, and the nature of the resulting injury.
Departure From the Standard
The evidence must support more than dissatisfaction with the outcome. There must be a legally significant basis for alleging that the medical care departed from the applicable standard.
Causation & Injury
Even when treatment is criticized, the case must also address whether the alleged departure caused or contributed to the injury for which compensation is sought.
Medical Negligence Matters
Medical Malpractice Cases We Evaluate
Medical negligence can arise at different stages of diagnosis, treatment, surgery, medication management, and follow-up care.
Failure or Delay in Diagnosis
Claims may involve alleged failures to timely recognize cancer, infection, stroke, cardiovascular conditions, internal injuries, or other serious illnesses.
Surgical Errors
Surgical cases can involve preoperative planning, operative technique, monitoring, postoperative care, complications, and whether the treatment met the applicable standard.
Medication Errors
Serious injury can result from alleged prescribing, dosing, administration, interaction, monitoring, or medication-management errors.
Emergency Room Errors
Emergency claims can involve triage, diagnostic testing, recognition of serious conditions, treatment decisions, discharge, and follow-up instructions.
Hospital & Nursing Negligence
Depending on the circumstances, issues may involve monitoring, communication, medication administration, changes in condition, infection, falls, or implementation of physician orders.
Lack of Informed Consent
Some claims involve whether qualifying risks, benefits, and treatment alternatives were appropriately disclosed before certain treatment or diagnostic procedures.
Expert Medical Review
Why Medical Malpractice Cases Often Require Expert Analysis
Medical records alone do not necessarily establish malpractice. Medical issues often have to be evaluated by professionals familiar with the relevant field of medicine and the clinical questions involved.
New York also has specific procedural requirements for attorneys commencing many medical malpractice actions.
Review the complete medical chronology
Identify the relevant specialty and standard of care
Evaluate the alleged departure from accepted care
Analyze whether the alleged departure caused injury
Determine whether additional specialists are needed
Develop medical and future-damages evidence
New York Medical Malpractice Procedure
New York’s Certificate of Merit Requirement
Medical malpractice actions have procedural requirements that distinguish them from ordinary negligence claims.
Attorney Review & Consultation
Under CPLR §3012-a , a complaint in a medical malpractice action generally must be accompanied by an attorney certificate addressing review of the facts and consultation with a qualifying medical professional, subject to the statute’s exceptions and alternative procedures.
Why Early Evaluation Matters
Medical records may be extensive, several providers may have participated in the care, and expert review can take time. Evaluating the matter early helps identify the relevant medical questions before an applicable deadline approaches.
Informed Consent
When Failure to Disclose Medical Risks May Become Relevant
Informed-consent claims are distinct from simply alleging that a medical procedure produced a poor result.
Risks, Benefits & Alternatives
New York Public Health Law §2805-d addresses failure to disclose alternatives and reasonably foreseeable risks and benefits under specified circumstances.
Limited Types of Treatment
The statute limits this cause of action to specified non-emergency treatment, procedures or surgery, and certain invasive diagnostic procedures.
Causation Still Must Be Established
The statute also addresses whether a reasonably prudent person in the patient’s position would have undergone the treatment if fully informed and whether the alleged lack of informed consent caused the injury claimed.
Medical Malpractice Deadlines
How Long Do You Have to File a Medical Malpractice Lawsuit in New York?
Medical malpractice does not generally use the same limitations period as an ordinary New York negligence action.
General Rule
Under CPLR §214-a , a medical, dental, or podiatric malpractice action generally must be commenced within two years and six months of the act, omission, or failure complained of.
Continuous Treatment
CPLR §214-a also addresses qualifying continuous treatment for the same illness, injury, or condition giving rise to the alleged malpractice. Whether the doctrine applies depends on the actual treatment relationship and facts.
Statutory Exceptions
The statute contains specific provisions involving discovery of a foreign object and certain claims alleging negligent failure to diagnose cancer or a malignant tumor. Those provisions have their own requirements and time limits.
Do not assume you have three years to bring a medical malpractice claim.
The general medical malpractice period is different from the ordinary personal injury limitations period, and other rules can apply depending on the provider and circumstances.
Public & Government-Related Providers
Some Medical Claims Can Involve Additional Notice Requirements
The identity and legal status of the hospital, facility, physician, or other provider can affect the procedures that must be followed.
Notice of Claim
When a tort Notice of Claim is legally required against a public corporation, General Municipal Law §50-e generally requires service within 90 days after the claim arises in covered circumstances.
Not Every Hospital Is the Same
A 90-day Notice of Claim rule should not be assumed merely because treatment occurred at a hospital. The provider’s legal status and the statutes governing that defendant must be identified first.
Building the Medical Record
Evidence That Can Matter in a Medical Malpractice Case
Medical malpractice litigation often requires reconstructing the patient’s condition, treatment decisions, timing, communications, and resulting injury in detail.
Medical Records
Hospital charts, physician notes, nursing records, emergency records, operative reports, discharge records, and specialist documentation can help establish the treatment history.
Diagnostic Evidence
Imaging, pathology, laboratory tests, monitoring data, diagnostic reports, and prior studies may become important when evaluating diagnosis and causation.
Medication & Treatment History
Prescriptions, medication-administration records, treatment orders, referrals, follow-up instructions, and changes in the patient’s condition may all require review.
Consent Documentation
Consent forms and related clinical documentation may be relevant when a case involves allegations concerning disclosure of treatment alternatives or risks.
Expert Medical Opinion
Appropriate medical experts may be necessary to evaluate professional standards, causation, prognosis, future treatment, and other specialized medical issues.
Financial & Damages Evidence
Wage information, employment records, medical expenses, future-care evidence, rehabilitation needs, and functional limitations may help establish damages.
Serious Medical Harm
Consequences of Medical Negligence
Medical malpractice claims can involve injuries that create additional treatment, permanent disability, or a significant worsening of an underlying condition.
Worsening Illness
A delayed diagnosis or treatment may allegedly allow an underlying condition to progress before appropriate intervention occurs.
Neurological Injury
Stroke, oxygen deprivation, medication complications, surgical complications, and other medical events can potentially result in significant neurological impairment.
Additional Surgery
Some alleged medical errors may result in corrective procedures, repeat surgery, hospitalization, or prolonged recovery.
Permanent Disability
Severe injuries can affect mobility, cognition, independence, employment, and the need for long-term assistance.
Loss of Function
Medical injuries may result in permanent impairment, chronic symptoms, limitations on activity, or reduced ability to work.
Fatal Medical Injury
When alleged medical negligence results in death, separate wrongful death and survival issues may need to be evaluated under New York law.
Wrongful Death Representation →
Damages & Recovery
Compensation in a Nassau County Medical Malpractice Case
Potential damages depend on the injury, causation, additional medical needs, lost income, future limitations, responsible defendants, and applicable law.
Additional Medical Expenses
Treatment allegedly required because of the medical injury may include hospitalization, surgery, specialists, rehabilitation, medication, and continuing care.
Lost Income
A serious medical injury may prevent a patient from returning to work during treatment and recovery.
Reduced Earning Capacity
Permanent limitations may affect future employment, occupational options, and long-term earning ability.
Future Care
Severe injuries can require future procedures, therapy, medication, equipment, nursing assistance, or other continuing medical needs.
Pain & Suffering
Where recoverable, non-economic damages may address physical pain and other consequences associated with the injury.
Loss of Enjoyment of Life
Permanent medical injuries can affect independence, family responsibilities, recreation, mobility, and ordinary daily activities.
Building the Medical Case
Our 360° Medical Malpractice Review
A serious medical malpractice claim requires understanding both the medicine and the litigation. The chronology, providers, standard of care, causation, expert evidence, injuries, and future needs must be evaluated together.
Marks Law Group develops the case around the complete medical and factual record rather than evaluating an outcome in isolation.
1
Obtain the Records
Build the relevant treatment chronology from hospital, physician, diagnostic, medication, operative, and follow-up records.
2
Identify the Medical Issues
Determine which treatment decisions, diagnoses, procedures, providers, or failures require further review.
3
Evaluate With Experts
Obtain appropriate medical review regarding the alleged departure, causation, injury, and future consequences.
4
Develop the Litigation
Build liability and damages evidence through pleadings, discovery, depositions, expert testimony, motions, negotiation, and trial preparation.
Where We Serve
Medical Malpractice Representation Throughout Nassau County
Marks Law Group’s physical office is located in Great Neck, and the firm evaluates serious medical negligence matters throughout Nassau County.
Great Neck
Manhasset
Port Washington
New Hyde Park
Mineola
Garden City
Hempstead
Hicksville
Levittown
Freeport
Long Beach
Valley Stream
Explore our Nassau County personal injury page or view all Marks Law Group service areas .
Attorney Handling Serious Injury Matters
Harris L. Marks, Esq.
Harris L. Marks, Esq. is the founder and personal injury trial attorney at Marks Law Group, P.C.
Harris evaluates serious medical negligence matters involving substantial injuries, complicated treatment histories, expert medical issues, and significant financial consequences.
His litigation approach emphasizes careful review of the underlying evidence, identification of the relevant medical and legal issues, expert development, and preparation for contested litigation when necessary.
15+ Years
Legal experience handling serious injury matters.
$40M+
Recovered for injured clients over his career.*
Great Neck
Physical office located in Nassau County.
*Prior results do not guarantee a similar outcome.
Experience & Preparation
Complex Medical Claims Require Careful Case Development
Every medical malpractice case depends on its own treatment history, medical evidence, experts, causation issues, injuries, defendants, and damages.
$40M+
Recovered for injured clients over Harris Marks’ career
15+ Years
Legal experience handling serious injury matters
Great Neck
Nassau County office serving injured clients throughout the county
View Selected Case Results
Prior results do not guarantee a similar outcome.
Related Practice Areas
Related Serious Injury Claims
Nassau County Personal Injury
Representation for serious injuries caused by negligence throughout Nassau County.
Nassau County Personal Injury →Catastrophic Injuries
Representation involving severe brain, spinal, orthopedic, neurological, and other permanent injuries.
Catastrophic Injury Lawyer →Wrongful Death
Representation for estates and families when alleged negligence results in a fatal injury.
Wrongful Death Attorney →
Our Nassau County Office
Marks Law Group in Great Neck
Marks Law Group’s physical office is located in Great Neck, Nassau County, New York.
Great Neck Office
Marks Law Group, P.C.
Contact Marks Law Group to discuss a serious medical malpractice or personal injury matter.
Marks Law Group, P.C. 111 Great Neck Road, Suite 201-M Great Neck, NY 11021 (516) 687-9763
Common Questions
Nassau County Medical Malpractice FAQ
Is a bad medical outcome automatically malpractice?
No. A poor outcome alone does not establish medical malpractice. A potential claim generally requires evidence supporting an applicable professional standard of care, a departure from that standard, and a causal connection between the alleged departure and the claimed injury.
How long do I have to file a medical malpractice lawsuit in New York?
Under CPLR §214-a , medical, dental, and podiatric malpractice actions generally must be commenced within two years and six months of the act, omission, or failure complained of, subject to the statute’s continuous-treatment rule and other specified exceptions.
What is the continuous treatment rule?
CPLR §214-a addresses last treatment where there is continuous treatment for the same illness, injury, or condition that gave rise to the alleged malpractice. Whether treatment qualifies as continuous treatment is fact-specific and should not be assumed merely because a patient continued seeing the same provider.
Do I need a medical expert for a malpractice case?
Medical malpractice litigation commonly depends on expert analysis of the standard of care and causation. New York CPLR §3012-a also generally requires an attorney certificate of merit based on review and consultation in covered malpractice actions, subject to statutory exceptions.
What is lack of informed consent?
New York Public Health Law §2805-d defines and limits medical malpractice claims based on failure to disclose alternatives and reasonably foreseeable risks and benefits in specified treatment and diagnostic circumstances.
What records should I gather for a medical malpractice review?
Relevant material can include medical records, imaging, laboratory results, pathology, operative reports, prescription information, discharge papers, consent documents, bills, wage information, and a chronology of the treatment and symptoms involved.
Does a 90-day Notice of Claim apply to every hospital malpractice case?
No. General Municipal Law §50-e applies where a tort Notice of Claim is legally required against a public corporation. Whether that requirement applies depends on the legal status of the provider or facility and the particular defendant involved.
Does Marks Law Group handle medical malpractice cases throughout Nassau County?
Marks Law Group is physically based in Great Neck and evaluates serious medical negligence matters throughout Nassau County and other areas served by the firm.
Concerned That Medical Negligence Caused a Serious Injury?
Marks Law Group can review the treatment history, identify the medical and legal questions that may require investigation, and discuss whether further expert evaluation is appropriate.
Attorney Advertising. Prior results do not guarantee a similar outcome. Nothing on this page constitutes legal advice or creates an attorney-client relationship.