White Plains, NY
Medical Malpractice Lawyer
What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional acts in a medically negligent manner, resulting in the injury or death of a medical patient. This can occur through medical errors such as misdiagnosis or delayed diagnosis, insufficient treatment or outpatient monitoring, emergency room errors, medication injuries, and surgical errors.
If you believe you or a loved one is the victim of a healthcare professional’s medical malpractice, know that you are not alone. Medical malpractice is the third leading cause of death in the United States, according to a Johns Hopkins study. More than 250,000 deaths occur annually as a result of medical malpractice.
If you believe you have been injured due to medical negligence, call Martin+Colin at (914) 771-7711 for a free case evaluation. Our team brings years of experience to your medical malpractice claim. One of our White Plains, NY medical malpractice lawyers will be in touch with you soon.
New York permits 2.5 years (two years and six months) from the date of the incident to pursue a medical malpractice claim.
On this page, we will break down the most common types of medical malpractice instances, how to identify them, and what to do once you realize that you've been a medical malpractice victim.
Hospital Mistakes
Hospital Mistakes Lawyer In White Plains, NY
When ER doctors fail to provide adequate care, their patients may leave feeling worse than they did when they arrived. Medication errors, surgical errors, delays in diagnosis, and even communication failures may all contribute to a poor patient outcome. In some serious cases, hospital mistakes may even result in permanent injury or death.
Martin+Colin’s hospital mistake lawyers stand ready to help after a hospital or ER mistake. Call (914) 771-7711 to schedule a free legal consultation.
The Most Common Hospital Mistakes
Some of the most common hospital mistakes include:
- Prescription Errors. Also called medication errors, this hospital mistake type includes wrong medications, incorrect dosages, and/or allergy contraindications.
- Surgical Errors: Operating on the wrong patient, wrong-site surgery, or leaving surgical instruments inside the body are all common types of surgical errors.
- Delayed Diagnosis. When a doctor misdiagnoses or delays treatment, they expose their patients to an increased risk of complications.
- Anesthesia Errors. General anesthesia is a routine component of many medical procedures. The incorrect administration of anesthesia—either too little or too much—can result in serious pain and injury.
- Infection Control Failures. Hospitals are required to be highly sanitary for the well-being of their patients. When medical professionals fail to maintain infection-control protocols, they put their patients at risk for new infections.
- Communication Failures. Successful treatment plans require clear communication between the patient, their healthcare provider team, and their insurance company. Any miscommunication between these entities can lead to errors, billing mistakes, or even double treatments.
- Falls and Patient Injuries: After surgery, patients may be extremely weak, and dependent on assistance and mobility devices. When hospitals fail to provide proper assistance to patients in active recovery, they expose them to additional injury.
- Failure to Monitor. Diagnosis and treatment are only one component of the doctor-patient relationship. Your doctor must also monitor their patients’ conditions, particularly after surgery. Failing to properly monitor their patients is a type of medical malpractice.
- Improper Discharge: Hospitals may try to protect their bottom line by moving patients out of their facilities before they have made sufficient gains in their recovery. This common cost-cutting strategy may result in additional injury and complications.
When do I need a medical malpractice lawyer?
After a medical event, it may be difficult to know for sure if medical malpractice has occurred. Even so, it is important to speak to a medical malpractice lawyer as soon as possible to preserve the integrity of your legal case. Proving hospital errors may require additional tests, as well as legal discovery; the sooner you can begin the process, the more likely you are to recover damage from your medical malpractice claim.
Our team of medical malpractice lawyers is prepared to fight for victims of hospital accidents. We are prepared to pursue damages that cover your medical expenses, pain and suffering, loss of income, and emotional distress.
Failure to Diagnose Cancer
Failure to Diagnose Cancer Lawyer in White Plains, NY
According to the National Cancer Institute, cancer is among the leading causes of death in the United States. Over two million people will be diagnosed, and more than 600,000 people will die from cancer this year. Research shows that this number will climb to almost 30 million diagnoses, resulting in more than 15 million deaths, by 2040.
The good news is: that cancer deaths are largely preventable through regular cancer screenings and early diagnoses. When doctors fail to meet these benchmarks for care, they may expose their patients to increased medical risks and health complications resulting letting their cancer metastasize. Failing to diagnose cancer may result in prolonged treatment and recovery, poor recovery prognosis, and even death.
If your doctor failed to diagnose your cancer, you may be entitled to compensation. Talk to the compassionate medical malpractice lawyers at Martin+Colin to learn more about how we can help.
What is a “failure to diagnose” injury?
A “failure to diagnose” injury is a type of medical malpractice. When a doctor ignores serious symptoms, misinterprets lab results, or delays additional testing measures, they fail to meet the standard of care to which they are held. If your doctor has put you at risk for complications after failing to diagnose a medical condition, you may have a valid medical malpractice case.
A “failure to diagnose" injury occurs when a healthcare provider fails to identify cancer when it should have been caught through a medical screening. This may include anything from missed warning signs, inaccurate test result interpretation, failure to run additional screenings, as well as insufficient communication within the healthcare system. At any stage in the process, a failure to diagnose can result in grievous injury, prolonged recovery, and even wrongful death.

Medical Errors That Can Result in a “Failure to Diagnose” Cancer Injury
Failure to Address Common Warning Signs
Early cancer detection is key to effective treatment. Ignoring common cancer symptoms—unexplained weight loss, persistent pain, fatigue, and/or changes in digestive functions are all potential warning signs of cancer. Failing to sufficiently ask about a patient’s family history may also contribute to missed diagnosis; sarcoma, carcinoma, and other forms of cancer are known to have a genetic component.
Misdiagnosis
Perhaps your doctor or healthcare provider noticed the warning signs but misdiagnosed you with a less severe condition. Downgrading a diagnosis not only delays appropriate treatment but may also cause unnecessary medical expenses. While many cancer symptoms may look similar to more common (and less dangerous) conditions, it is your doctor’s responsibility to diagnose you correctly.
Failure to Order Additional Testing
While some cancer diagnoses are unmistakable, others may require additional tests, biopsies, and follow-up appointments. When doctors fail to order additional tests, they may fail to diagnose cancer in its early stages, subjecting their patients to an increased risk of complications. Imaging scans like MRIs, and CTs, as well as biopsies, blood tests, and second options, can make all the difference.
Poor Communication
As with any potentially life-threatening condition, timely communication is critical. Doctors have a responsibility to communicate with their colleagues and support staff to ensure that their patients receive the best possible care. Failing to do so can lead to missed symptoms, misinterpreted test results, and unscheduled follow-up care. When it results in a worsening patient outcome, poor communication may constitute medical malpractice.
When do I need a “failure to diagnose” lawyer?
If you or a loved one has suffered due to a doctor’s failure to diagnose a medical condition, consult an experienced medical malpractice lawyer as soon as possible. Delayed or missed diagnoses can lead to worsened health outcomes, unnecessary suffering, and significant financial costs. A skilled attorney can help establish that the healthcare provider breached the standard of care, gather critical medical evidence, and work with expert witnesses to build a strong case for compensation.
If you have experienced medical malpractice in any of the above examples, don’t delay: call the medical malpractice lawyers at Martin+Colin today at (914) 771-7711 to learn how we can help.

Birth Injury
Birth Injury Lawyer in White Plains, NY
What is a birth injury?
Birth injuries can occur before, during, or even after childbirth. They may present immediately or over the course of months or even years. They occur during vaginal and cesarean-section deliveries; recent research suggests that about 6 in every 1,000 births result in a birth injury.
Birth Injury Symptoms
Thankfully, most birth injuries are mild and will resolve on their own. However, some birth injuries are so severe that they permanently affect the baby’s body or brain, as with cases involving Cerebral palsy and brain damage. In some tragic cases, birth injuries may even result in the wrongful death of the newborn.
Types of Medical Errors that Result in Birth Injury
Birth injuries can result from:
- Using excessive force during delivery
- Oxygen deprivation (hypoxia)
- Delay in diagnosis
- Improper monitoring of fetal distress
- Excessive medication (e.g., Pitocin)
- Failure to perform a medically necessary C-section (e.g., during breech birth, prolonged or difficult labor, fetal distress, etc.)
- Failure to diagnose a maternal condition
- Untreated bacterial or viral infections
Birth injuries may present as brain hemorrhages, meconium aspiration, cephalohematoma, kernicterus, and sometimes caput succedaneum. Babies may also experience skull fractures, neurological injuries in the face, as well as paralysis resulting from a spinal cord injury. Birth injury may also result in stillbirth deliveries.
Other common birth injury symptoms may include:
- Fractures and bone breaks
- Seizures
- Traumatic brain injury (TBI)
- Bacterial infection
- Spinal cord trauma
- Meconium Aspiration Syndrome
- Stroke
- Erb’s Palsy
- Hypoxic ischemic encephalopathy (HIE)
- Cerebral palsy
When do I need a birth injury lawyer?
While medical malpractice cases are among the most common types of personal injury, medical malpractice cases are among the most challenging to win. Hiring a birth injuries medical malpractice lawyer may be the difference between getting full compensation for your child’s injuries and receiving nothing for your and your child’s pain.
Parents grappling with their child’s birth injury face two enormous burdens: adjusting to their new role as caregivers and reviewing complex medical records to determine if they have a viable birth injury lawsuit. Hiring a medical malpractice lawyer has been shown to yield a stronger outcome than trying to resolve a birth injury case on your own.
What kind of compensation might you expect? While no two birth injury cases are the same, many birth injury settlements are enough to cover medical bills, lost wages, loss of earning capacity, and even pain and suffering for both the caregiver and the child. It is important to consult with a medical malpractice lawyer when considering your legal options.
At Martin + Colin, P.C., our clients never pay for our services unless or until they receive financial compensation. We only take payment after you do; if we collect nothing, you pay nothing. Call Martin + Colin, P.C. at (914) 771-7711 for your free case evaluation.
Frequently Asked Questions
How long do I have to file my medical malpractice case?
While many medical malpractice injuries can have long-term consequences, the New York statute of limitations allows 2.5 years (two years and six months) from the date of the incident to file a lawsuit. This time frame applies to dental, osteopathic, and pediatric malpractice. Exceptions include cases in which a foreign object is left inside the body, as well as cases involving a failure to diagnose cancer
How do I find a medical malpractice attorney?
We are equipped to represent numerous types of medical malpractice cases and also have a number of professional connections within the legal community. If we feel your case would be better represented by another medical malpractice law firm, we will refer you to them.
Can I file a medical malpractice lawsuit without a lawyer?
While you are legally allowed to file a medical malpractice claim without a lawyer, we highly recommend speaking to an attorney first. Medical malpractice cases are notoriously complicated and may involve significant financial outlay for additional tests, document discovery and review, and expert witness testimony.
Martin+Colin offers free, comprehensive consultations on all potential medical malpractice claims. Please note that our consultations do not secure an attorney-client relationship, nor are they intended to take the place of legal representation.
How do I sue for medical malpractice?
Suing for medical malpractice can be a complicated process. It requires a full medical history, medical documentation of your injuries, insurance paperwork and even expert analysis to understand what went wrong. To determine if you have a valid medical malpractice case, most medical malpractice attorneys start with the following four questions:
- Was the responsible medical professional acting as your medical provider (i.e., did they have a duty of care to look after you)?
- Did the medical professional provide a reasonable standard of care?
- If there was a breach of duty of care, did this result in additional physical injury, psychological distress, and/or death?
- Did the event occur within the last 2.5 years? (New York statute of limitations permits just two years and six months from the date of the incident to file a lawsuit.)
If you believe you have a medical malpractice case, you can begin the process by speaking to a medical malpractice attorney in White Plains NY. The team at Martin+Colin can help you understand the process and determine if you have a valid case. Call (914) 771-7711 for your free case evaluation.