Gynecology Malpractice Lawyer in New York City

Attorney Michael Gunzburg

When Do You Need a Gynecology Malpractice Lawyer in New York City?

You need a gynecology malpractice lawyer if your gynecologist's negligence caused you physical harm, worsened your condition, or reduced your chances of recovery. Common situations include failure to diagnose or delayed diagnosis of gynecological cancers (ovarian, uterine, cervical, vulvar), misdiagnosis of benign conditions as cancer leading to unnecessary hysterectomies, botched gynecological surgeries causing organ damage or infection, failure to perform timely biopsies despite abnormal Pap smears or visible lesions, improper management of endometriosis or fibroids, surgical errors during hysterectomies or laparoscopies, failure to diagnose or treat pelvic inflammatory disease or ectopic pregnancies, and negligent prescription of hormone therapies causing serious complications. These cases occur across all five boroughs, from private practices on the Upper East Side of Manhattan to community health centers in Park Slope, OB/GYN offices in Astoria, hospital-based practices in Riverdale, and women's health clinics in New Dorp. If your gynecologist ignored your complaints, dismissed your symptoms as "just stress" or "normal aging," or failed to follow up on concerning test results, you may have a malpractice claim.

What to Expect When You Hire Our Gynecology Malpractice Lawyer

Confidential Case Evaluation and Medical Record Review

We review your gynecological records, lab results, imaging studies, pathology reports, and surgical notes in complete confidence and provide an honest assessment of whether negligence caused your harm.

Sensitive, Discreet Representation

We understand that gynecological cases involve deeply personal and intimate medical issues. Your dignity and privacy are protected throughout the legal process, and all consultations and communications are strictly confidential.

Consultation with Board-Certified Gynecology Experts

Our team retains respected gynecologists, gynecologic oncologists, and other specialists who review your care and provide expert opinions about whether your doctor met the standard of care and how delays or errors affected your prognosis.

Investigation of All Potentially Liable Parties

We identify every party whose negligence contributed, your gynecologist, consulting physicians who reviewed your tests, the pathology lab that read your biopsies, radiologists who interpreted imaging, and hospitals that failed to ensure proper follow-up protocols.

Aggressive Pursuit of Full Compensation

We fight for maximum recovery of medical expenses, lost wages and earning capacity, pain and suffering, emotional distress, loss of reproductive capacity, diminished quality of life, and in wrongful death cases, compensation for your family's losses.

Benefits of Hiring Michael Gunzburg, P.C. for Your Gynecology Malpractice Case

Proven Results in Gynecological Malpractice Cases

We've recovered millions in settlements and verdicts for women harmed by gynecological negligence. Our results include a $1.75 million settlement for a woman whose gynecologist failed to diagnose vulvar cancer for over four years, dismissing her repeated complaints as "yeast infections" and prescribing ineffective creams while cancer spread throughout her genitalia and lymph nodes. We also secured a $1.2 million settlement for a 51-year-old woman whose doctor misdiagnosed vulvar cancer as a yeast infection, and a $1.9 million settlement after jury selection for a 32-year-old newlywed whose family doctor gave false assurances about a breast lump, leading to pregnancy with undiagnosed breast cancer. These cases demonstrate our ability to handle the most sensitive gynecological malpractice claims and achieve results that provide real financial security.

Sensitive, Confidential Representation That Protects Your Dignity and Privacy

Gynecological malpractice cases require discussing intimate medical details that many women find embarrassing or difficult to talk about. We create a safe, judgment-free environment where you can speak openly about your symptoms, diagnosis, and treatment. All medical records are reviewed confidentially, depositions are conducted professionally and respectfully, and we work to resolve cases through settlement whenever possible to avoid public trials. When trial is necessary, we present evidence tastefully and focus on the medical negligence rather than unnecessary personal details. Clients consistently tell us they felt heard, respected, and confident that we protected their privacy throughout the process.

No Upfront Costs, You Pay Nothing Unless We Win Your Case

Gynecology malpractice cases require significant resources including expert gynecologists, oncologists, pathologists, and sometimes life care planners who can charge $50,000 or more. We advance all costs on a contingency fee basis, so you never pay attorney fees or case expenses unless we recover compensation for you. This allows you to pursue justice without financial stress while you focus on your health and recovery.

Expert Medical Testimony to Prove Negligence and Causation

Winning a gynecology malpractice case requires proving your doctor deviated from the standard of care and that this breach caused or worsened your condition. We work with board-certified gynecologists who explain what a competent physician should have done when presented with your symptoms, whether that meant performing a biopsy, ordering appropriate tests, recognizing cancer warning signs, or referring you to a specialist. In cancer misdiagnosis cases, we retain oncologists who testify about how delays affected your cancer staging, treatment options, and survival odds. These experts review your case meticulously and provide credible testimony that meets New York's rigorous legal standards.

Maximum Compensation for Medical Expenses, Lost Wages, and Loss of Quality of Life

Gynecological negligence often requires additional surgeries, aggressive cancer treatments, reconstructive procedures, and ongoing monitoring that your original doctor should have helped you avoid. We document every economic loss, past and future medical expenses, lost income during treatment and recovery, diminished earning capacity if you can no longer work, and pursue full compensation. We also fight for substantial non-economic damages for your pain and suffering, emotional trauma, loss of reproductive capacity if your condition or treatment affected fertility, disfigurement or permanent changes to your body, and diminished quality of life. In wrongful death cases where gynecological negligence led to a woman's death, we pursue damages for her family's financial losses and the conscious pain she endured.

FAQs About Gynecology Malpractice in New York City

What types of gynecological errors qualify as malpractice in New York?

Gynecological malpractice occurs when a gynecologist, OB/GYN, or women's health provider deviates from accepted medical standards and causes you harm. Common forms include failure to diagnose or delayed diagnosis of gynecological cancers despite presenting symptoms or abnormal test results, failure to perform or follow up on necessary biopsies of suspicious lesions or masses, misreading of Pap smears or pathology reports, surgical errors during hysterectomies or other gynecological procedures causing organ damage or excessive bleeding, failure to diagnose or treat ectopic pregnancies leading to rupture and hemorrhage, negligent prescription of hormone therapies without proper monitoring, failure to obtain informed consent before performing irreversible procedures like hysterectomies, and abandonment or failure to provide continuity of care. The key is whether a reasonably competent gynecologist would have managed your care differently and whether that deviation caused you harm.

How do I know if my gynecologist was negligent?

Warning signs of gynecological negligence include dismissing your repeated complaints about pain, bleeding, or other concerning symptoms, telling you your symptoms are "just stress" or "normal for your age" without proper examination or testing, failing to perform biopsies of visible lesions or palpable masses, not following up on abnormal Pap smears or other test results, performing surgery you didn't fully consent to or understand, causing unexpected complications during procedures that required additional surgeries to repair, and providing treatment that worsened rather than improved your condition. If you were later diagnosed with advanced cancer that could have been caught earlier, if you needed a radical hysterectomy when a less invasive treatment might have worked with earlier diagnosis, or if another doctor expressed surprise that certain tests weren't performed, these are red flags. Not every bad outcome is malpractice, but if your gynecologist's care fell below the standard and caused harm, you likely have a claim.

What is the statute of limitations for gynecology malpractice cases in New York?

You have 2.5 years from the date of malpractice to file a gynecology malpractice lawsuit in most cases. For cancer misdiagnosis and certain malignant tumor cases, Lavern's Law extends this deadline to 2.5 years from when you discovered (or reasonably should have discovered) that malpractice caused your condition, up to a maximum of 7 years after the actual negligence occurred. This is particularly important in cases like delayed vulvar or ovarian cancer diagnosis where women often don't realize their gynecologist was negligent until a later doctor reviews their history and identifies missed opportunities for earlier diagnosis. If you received care at a New York City public hospital, you must file a Notice of Claim within 90 days of discovering the malpractice and file suit within 1 year and 90 days. These deadlines are strict and missing them usually destroys your case permanently, so contact a gynecology malpractice lawyer as soon as you suspect negligence.

Can I sue my gynecologist for failure to diagnose cancer?

Yes. Failure to diagnose gynecological cancers is one of the most common forms of OB/GYN malpractice we see. If your gynecologist failed to perform appropriate tests, misread test results, didn't follow up on abnormal findings, or dismissed concerning symptoms that warranted further investigation, and this delay allowed cancer to progress to a more advanced stage, you may have a claim. Our $1.75 million settlement for vulvar cancer misdiagnosis is a prime example, the gynecologist repeatedly dismissed visible lesions as yeast infections for over four years, never performed a simple punch biopsy that would have diagnosed cancer early, and by the time cancer was finally detected, it had spread extensively and the patient's survival chances plummeted from 80-95% to 20-40%. Similarly, our breast cancer misdiagnosis cases involved doctors who failed to communicate findings to radiologists or didn't order biopsies of palpable lumps. You can sue if the delay caused your cancer to reach a higher stage, required more aggressive treatment, or reduced your chances of survival.

What damages can I recover in a gynecology malpractice case?

You can recover economic damages for all medical expenses including additional surgeries, chemotherapy, radiation, reconstructive procedures, ongoing monitoring, medications, and future medical care related to your worsened condition. You're entitled to compensation for lost wages during treatment and recovery, and loss of earning capacity if your condition prevents you from returning to your previous work. Non-economic damages compensate for pain and suffering from the delayed diagnosis and more aggressive treatment, emotional distress and psychological trauma, loss of reproductive capacity if negligence affected your ability to have children, disfigurement or permanent bodily changes from radical surgeries that could have been avoided, and loss of quality of life. In wrongful death cases, your family can recover financial losses, funeral expenses, and compensation for your conscious pain and suffering before death. Damages in our gynecology malpractice cases have ranged from hundreds of thousands to nearly $2 million depending on the severity of harm and extent of negligence.

Will my medical records remain confidential during the lawsuit?

Yes. Medical records and all communications with your attorney are protected by attorney-client privilege and medical confidentiality laws. During litigation, records are shared only with your legal team, our medical experts who are bound by confidentiality agreements, and defense attorneys who are also required to maintain confidentiality. Most gynecology malpractice cases settle before trial through confidential negotiations or mediation, so your private medical information never becomes public. If your case does proceed to trial, court proceedings are public, but we work to introduce only the medical information necessary to prove your claim and avoid unnecessary disclosure of sensitive personal details. Many clients fear that filing a lawsuit means everyone will know their intimate medical history, that's not the case. We've handled numerous sensitive gynecological cases and consistently protected our clients' privacy throughout the legal process.

How long do gynecology malpractice cases take in New York?

Most gynecology malpractice cases take 2-4 years from filing to resolution, though timelines vary. Simple cases with clear negligence (like a documented failure to follow up on an abnormal Pap smear that led to advanced cervical cancer) sometimes settle within 18-24 months. Complex cases involving disputed causation, such as whether a delay in diagnosing ovarian cancer materially affected the outcome given the cancer's aggressive nature, can take 4-5 years through trial and potential appeals. Gynecology malpractice litigation involves extensive discovery including depositions of your treating gynecologist and other doctors, review of complete medical records and pathology slides, expert witness reports from our gynecologists and oncologists, and sometimes additional medical examinations to assess your current condition and future needs. Many cases settle during court-ordered mediation or as trial approaches when defendants see the strength of our expert testimony. We keep you informed throughout and never settle without your approval.

What if my gynecologist says my condition was just bad luck or unavoidable?

Doctors routinely claim that bad outcomes were "unavoidable" or "just unfortunate" rather than the result of negligence, this is a defensive response to discourage lawsuits. Don't accept these explanations without getting a second opinion and having your records reviewed by independent experts. Our experts analyze whether your condition was truly unavoidable or whether earlier diagnosis and treatment would have changed your outcome. In many cancer misdiagnosis cases, doctors claim the cancer was "aggressive" and would have progressed regardless of when it was diagnosed, but our oncology experts review the pathology and staging to determine whether timely diagnosis would have allowed less invasive treatment, avoided metastasis, or significantly improved survival rates. If a reasonably competent gynecologist would have caught your condition earlier or managed it differently, you have a valid claim regardless of what your doctor now says about inevitability.

Areas That We Serve 

Michael Gunzburg, P.C. represents women who have suffered gynecological malpractice throughout New York City, including all five boroughs. We handle cases in Manhattan (including the Upper East Side, Upper West Side, Midtown, and downtown neighborhoods), Brooklyn (including Park Slope, Brooklyn Heights, Williamsburg, and Bay Ridge), Queens (including Astoria, Forest Hills, Flushing, and Jamaica), the Bronx (including Riverdale, Fordham, and areas near major medical centers), and Staten Island (including New Dorp, St. George, and surrounding communities). We also serve clients in Nassau and Suffolk Counties and throughout New York State.

Other Medical Malpractice Services We Offer

• Failure to Diagnose Cancer (Breast, Vulvar, Other Cancers)
• Surgical Mistakes
• Birth Injuries and Cerebral Palsy
• Anesthesia Errors
• Misdiagnosis and Delayed Diagnosis
• Hospital Negligence

Schedule Your Free Consultation with a New York City Gynecology Malpractice Lawyer

If your gynecologist's negligence caused you harm, you deserve answers and accountability. Gynecological malpractice cases are time-sensitive, evidence must be preserved, medical experts must review records while memories are fresh, and strict legal deadlines must be met. Michael Gunzburg, P.C. offers a free, confidential consultation to evaluate your case, explain your legal options, and answer your questions in a judgment-free environment. You pay nothing unless we recover compensation for you. Call 212-725-8500 today or contact us online. Let us protect your dignity, fight for your rights, and hold negligent gynecologists accountable.