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How Do I Know if I Have a Medical Malpractice Case?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 27, 2026

Read Time: 4 mins

Medical practitioners are highly skilled and dedicated professionals who often work miracles. However, there are times where that standard of care fails and can leave a patient with serious complications. They can be confused as to whether their health issues are, in fact, the result of medical malpractice, or the uncertainty of medical science.

The personal injury law firm of Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. represents New York and New Jersey clients in medical malpractice lawsuits against health care providers whose negligence has led to serious health issues. We understand the fact patterns that are common to medical malpractice. We can assess your situation privately and confidentially if you have a medical malpractice case.

The liability standard in medical malpractice cases

Medical malpractice lawsuits are a subset of negligence and injury cases. To be successful, the patient will need to demonstrate that the provider owed the patient a duty and standard of care. Furthermore, the provider breached that standard of care and that the patient suffered injuries as a direct and proximate result of that breach.

The duty of care arises automatically from a doctor-patient relationship. Once that relationship is established, a knowledgeable and experienced medical malpractice attorney can analyze the doctor’s conduct. The attorney will also analyze the patient’s injuries and determine if the circumstances reflect medical malpractice.

Common medical malpractice elements

The fact patterns in medical malpractice lawsuits typically fall into one of three broader categories:

the physician performed certain injury-causing procedures without first explaining the major risks and procuring the patient’s informed consent for those procedures;
the physician did not diagnose an illness correctly, and the illness then became much worse;
the physician makes a serious mistake during surgery or prescribes improper medications that cause harmful side effects.

Medical malpractice cases are different in different states

The procedures of a medical malpractice lawsuit will vary from state to state. In particular, medical malpractice cases in New York and New Jersey will advance according to rules that are unique to each of those states.

In New York, a Rockland County medical malpractice lawyer will advise you that your case must be filed within two and one-half years with few exceptions. In addition, under New York law, an injured patient might collect compensatory damages and non-economic damages for injuries such as pain and suffering.

In New Jersey, a Bergen County medical malpractice attorney will tell you that you have less than two years to file your lawsuit. New Jersey law also requires injured patients to file a “certificate of merit” within sixty days after filing. This is a licensed expert’s verification that your medical malpractice case satisfies the state’s standards.

The parties that may be liable for medical malpractice damages

Multiple health care providers and institutions may be involved in the treatment of an illness or injuries. Therefore, your medical malpractice case might include multiple defendants, including doctors, hospitals, as well as health care systems, nurses, and other providers of medical services or equipment. Knowing which party or parties to sue is often a critical aspect of determining whether you have a case. A negligence and injury lawyer who has medical malpractice expertise is your best resource to file your case.

Contact the lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. For Answers to Questions About Your Potential Medical Malpractice case

If you have suffered injuries or medical complications in New York or New Jersey, please see our website or call the medical malpractice law firm of Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., for a consultation. If you retain us and we elect to represent you, we will fight to recover the full amount of damages that may be available to compensate you for your losses and injuries.

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Client Reviews

    
 
 
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   LWelsh 
 8 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 29 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 93 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 96 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 102 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 108 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 131 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 144 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 151 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 154 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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How Do I Know if I Have a Medical Malpractice Case?

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