Understanding Why Medical Malpractice Lawsuits in New York Are So Difficult
Cost, Consent, and Courage: What Every Patient Needs to Know Before Filing a Claim
Medical malpractice lawsuits are among the most challenging legal cases to pursue—especially in New York. Whether you’re dealing with a surgical error, misdiagnosis, or delayed treatment, it’s important to understand why these claims are so hard to win. Attorney Scott Peterson breaks it down into what he calls the “3 Cs” of medical malpractice: Cost, Consent, and Courage.
Let’s explore what these mean and how they impact your potential claim in New York.
1. Cost: Medical Malpractice Cases Are Incredibly Expensive
Filing a medical malpractice lawsuit in New York isn’t as simple as filling out a form or making a claim. Even before a case can be filed, New York law requires a licensed physician to review the patient’s medical records and confirm that there may have been negligence. That expert review alone can cost thousands of dollars.
Once the case moves forward, expenses skyrocket. Here’s why:
- Depositions: Formal questioning under oath, often involving multiple parties and hours of preparation.
- Expert Witnesses: New York courts require expert medical testimony to prove that a healthcare provider deviated from the accepted standard of care. These experts can charge thousands for their time and testimony.
- Trial Costs: Court fees, medical record retrieval, exhibit preparation, and other legal expenses all add up.
In short, medical malpractice cases are more expensive to litigate than almost any other type of personal injury lawsuit.
2. Consent: Doctors Must Approve Settlements in Most Cases
Unlike auto accident claims—where your insurance company can settle the case without your say-so—New York medical malpractice insurance policies typically require doctor consent to settle. That means:
- The insurance company cannot settle unless the doctor agrees, even if the company believes settling is the right move.
- Many doctors believe they did nothing wrong, even when there is evidence of a mistake. This belief often blocks potential settlements.
- As a result, many cases are forced to go to trial, even when a settlement would have saved time, money, and stress for everyone involved.
3. Courage: Testifying Against Fellow Doctors Is Rare and Risky
One of the biggest challenges in medical malpractice litigation is getting another doctor to testify against the defendant. Why?
- It takes real courage for a medical professional to say in court that another doctor made a mistake.
- In most trials, the defendant doctor and their expert will confidently testify that they followed proper procedures and did everything right.
- Juries—made up of people without medical training—are often hesitant to rule against doctors who present themselves as trusted experts.
- It takes bravery for a jury to conclude that a trained professional failed to meet the standard of care.
Even when the evidence is strong, most medical malpractice cases that go to trial result in a defense verdict—meaning the doctor wins. But that doesn’t mean these cases shouldn’t be pursued.
Why Pursuing a Malpractice Case Still Matters
Bad outcomes happen. Some are unavoidable, but others are the result of preventable errors. Holding negligent healthcare providers accountable is essential to improving the healthcare system and protecting future patients.
Despite the challenges, there are valid and winnable medical malpractice claims in New York. Understanding the 3 Cs helps set realistic expectations and highlights why working with an experienced attorney is critical.
Have Questions About a Potential Medical Malpractice Case in New York?
At our firm, we understand how complex and emotional these cases can be. If you or a loved one may have been harmed by a medical provider’s mistake in New York, don’t hesitate to reach out. We’re here to listen, evaluate your situation, and help you understand your options—at no cost to you.
Call us today for a free consultation. Let’s talk about what happened and whether legal action is right for you.