Medical Malpractice Lawyer Ontario County, NY
In Ontario County, when a doctor, nurse, or hospital makes a preventable mistake and a patient suffers serious harm, the law allows the injured person to seek compensation. At Law Offices Of SRIS, P.C., we represent patients and families in medical malpractice claims throughout the Finger Lakes region, including Canandaigua, Geneva, Victor, and the surrounding communities. Medical malpractice cases are civil claims alleging that a healthcare provider’s negligence caused injury or death. These cases are filed in New York Supreme Court—the trial court of general jurisdiction—and for Ontario County, the relevant venue is the Supreme Court located at 27 North Main Street, Canandaigua, within the 7th Judicial District. Mr. Sris, Owner and Founder of the firm, has practiced personal injury law since 1997 and is admitted in New York, as well as Virginia, Maryland, the District of Columbia, and New Jersey. He appears alongside the firm’s Of Counsel attorneys to handle medical malpractice litigation. Our firm works to pursue fair recovery for clients harmed by surgical errors, misdiagnoses, birth injuries, and other forms of medical neglect. If you or a family member has been injured by substandard medical care in Ontario County, contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding Medical Malpractice Claims in Ontario County, NY
A medical malpractice case in New York arises when a healthcare professional deviates from the accepted standard of care, causing injury to the patient. The standard is defined by what a reasonably prudent practitioner in the same specialty would have done under similar circumstances. Common grounds include surgical errors, failure to diagnose a serious condition such as cancer, medication mistakes, and birth-related injuries. In Ontario County, these claims are litigated in the New York Supreme Court for the 7th Judicial District, which handles unlimited civil monetary amounts. The court is located in the county seat, Canandaigua, and serves communities from Farmington to Geneva.
New York medical malpractice claims are subject to a specific statute of limitations. Generally, an action must be commenced within two years and six months of the act or omission complained of (N.Y. C.P.L.R. § 214‑a). Certain tolling rules—such as the continuous‑treatment doctrine or foreign‑object discovery rule—may extend the deadline, but relying on an extension without legal advice is risky. In addition, a plaintiff typically needs a certificate of merit from a qualified medical experienced attorney confirming the case’s viability before filing. Our New York location handles the investigation, experienced attorney coordination, and court filings required for Ontario County cases. We accept medical malpractice matters on a contingency‑fee basis, meaning you pay no attorney’s fees unless we obtain compensation for you.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Medical Malpractice Cases
When a potential client contacts us, the firm conducts an initial review of the medical records and the circumstances surrounding the injury. If the facts suggest a viable claim, the firm’s Of Counsel attorneys, working under Mr. Sris’s guidance, consult independent medical professionals to confirm whether the standard of care was breached. Once the necessary experienced attorney opinion is secured, we prepare and file a summons and complaint in the appropriate New York Supreme Court, naming all potentially responsible parties. Throughout discovery, the firm gathers hospital records, deposition testimony, and expert reports to build the strong case for the injured client.
The litigation process in Ontario County includes judicial settlement conferences where the parties explore resolution before trial. Many medical malpractice cases resolve through negotiated settlements, but the firm is prepared to take a case to a jury when a fair offer is not made. Mr. Sris and the firm’s Of Counsel attorneys approach every matter with thorough preparation and attention to the medical and legal complexities that define these claims. Because each case turns on its own facts, our team works closely with clients to explain the evolving strategy and the realistic range of possible outcomes. We strive to obtain compensation for past and future medical expenses, lost income, and pain and suffering caused by the medical error.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing personal injury law since the firm’s founding in 1997. A former prosecutor, he brings a unique perspective to medical malpractice litigation—understanding how the opposing party evaluates evidence and arguments. He is admitted in New York, Virginia, Maryland, the District of Columbia, and New Jersey. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Alongside him, the firm’s Of Counsel attorneys bring extensive combined legal experience to medical malpractice cases. Results may vary. Every client benefits from the collective knowledge of multiple lawyers who concentrate on serious injury litigation.
Frequently Asked Questions
How long do I have to file a medical malpractice lawsuit in Ontario County, NY?
Under New York law, a medical malpractice claim must generally be filed within two years and six months of the date the alleged act or omission occurred. This limitation period is set by N.Y. C.P.L.R. § 214‑a. There are narrow exceptions—for instance, when a foreign object is left in the body or when a provider continues to treat the patient for the same condition—that may extend the deadline. The court in Ontario County will dismiss a case filed beyond the statutory period unless an exception applies, so prompt consultation with an attorney is important to protect your right to seek compensation.
What do I have to prove in a medical malpractice case in New York?
You must show that the healthcare provider owed you a duty of care, breached the accepted standard of medical care, and that the breach directly caused your injury and resulting damages. Proof typically requires testimony from a qualified medical experienced attorney who explains how the provider’s conduct fell below what a reasonably prudent professional would have done in similar circumstances. The damages—medical expenses, lost wages, and pain and suffering—must also be documented. A patient’s own comparative fault is rarely an issue in malpractice claims, but the burden of proving causation is on the plaintiff.
Do I need a lawyer for a medical malpractice claim in Ontario County?
While New York does not require an attorney to initiate a lawsuit, medical malpractice cases are extremely complex and almost impossible to pursue effectively without legal representation. The rules of evidence, the need for expert witnesses, and the procedural demands of Supreme Court litigation make self‑representation inadvisable. Defendants and their insurers are typically represented by experienced defense counsel. Hiring a lawyer who understands Ontario County court practices and the medical issues involved can make a significant difference in the case’s trajectory.
How much does it cost to hire a medical malpractice lawyer?
Most medical malpractice lawyers in New York, including Law Offices Of SRIS, P.C., handle these cases on a contingency‑fee basis. This means you do not pay any upfront attorney’s fees; the firm is paid a percentage of the recovery only if compensation is obtained for you. The percentage is a matter of agreement between the client and the attorney, and New York court rules may limit the fee in certain circumstances. Case expenses, such as expert witness fees and court filing costs, are typically advanced by the firm and reimbursed from the recovery.
What types of medical errors can be the basis for malpractice in Ontario County?
Any act or omission by a healthcare provider that falls below the accepted professional standard and causes injury can give rise to a malpractice claim. Examples include surgical mistakes such as operating on the wrong body part, failure to diagnose cancer or a heart condition in a timely manner, birth injuries resulting from negligent prenatal care or delivery, improper administration of anesthesia, and serious medication errors. The firm evaluates cases involving permanent disability, wrongful death, and other catastrophic outcomes caused by medical negligence in Ontario County hospitals and clinics.
Can I file a medical malpractice claim if a family member died from a mistake in Ontario County?
Yes, New York law permits a wrongful death action when a person’s death is caused by medical negligence. The personal representative of the decedent’s estate may bring a claim seeking damages for the family’s economic losses, such as lost financial support and funeral expenses, as well as compensation for the survivors’ loss of guidance and companionship. The statute of limitations for wrongful death is generally two years from the date of death (N.Y. E.P.T.L. § 5‑4.1), which may differ from the medical malpractice limitation period. It is important to consult an attorney promptly to determine which deadlines apply.
Related Pages:
Personal Injury Lawyer Manhattan |
Brooklyn Personal Injury Attorney |
Medical Malpractice Lawyer Queens |
Long Island Medical Negligence Attorney
Primary Legal Sources:
N.Y. C.P.L.R. § 214‑a (New York State Senate) |
Ontario County Supreme Court (7th JD)
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case. Results may vary.