Nassau County medical malpractice, the framework and the courts

Nassau County is home to some of the largest medical-malpractice verdicts in New York State history. A Nassau County jury awarded $40 million in a stroke-misdiagnosis case where two Long Island hospitals failed to timely treat an ischemic stroke (Good Samaritan's neurosurgeon misread a CT Perfusion Scan, preventing mechanical thrombectomy). A prior Nassau case returned $60 million for epidural-induced paralysis. A Winthrop University Hospital (now NYU Langone-Long Island) verdict reached $62 million and was upheld on appeal.

Behind those headline verdicts is a substantial network of Nassau hospitals: NYU Langone Hospital-Long Island (Mineola), North Shore University Hospital (Manhasset), Nassau University Medical Center (East Meadow), Mount Sinai South Nassau (Oceanside), Mercy Medical Center (Rockville Centre), Long Island Jewish Medical Center (New Hyde Park), Plainview Hospital, Glen Cove Hospital, and South Shore University Hospital. Combined, these facilities handle millions of patient encounters annually. When care falls below the standard, Nassau juries hold them accountable.

CPLR 214-a and the deadlines

  • CPLR 214-a. 2 years 6 months from the act, omission, or failure, or from the end of continuous treatment for the same condition.
  • Foreign-object exception. 1 year from discovery (or from when facts reasonably leading to discovery are known).
  • Failure to diagnose cancer. 2.5 years from when the patient knew or should have known of the negligence and injury, subject to an outer 7-year cap.
  • Continuous treatment doctrine. The clock pauses during ongoing treatment for the same condition.
  • CPLR 208. Infancy tolling until age 18 for birth injury and minor patients (10-year outer cap).
  • EPTL 5-4.1. Two years from date of death for wrongful death.
  • GML 50-e. 90-day Notice of Claim for Nassau University Medical Center and other Nassau County-operated facilities.

The certificate of merit

CPLR 3012-a requires every Nassau County medical malpractice complaint to be accompanied by a certificate of merit from the filing attorney, attesting that a licensed physician has reviewed the facts and concluded there is a reasonable basis for the action. We retain consulting experts before we file, not after.

Where Nassau medical malpractice cases are filed

Nassau County Supreme Court at 100 Supreme Court Drive, Mineola has unlimited civil jurisdiction. The court uses mandatory NYSCEF e-filing for most civil matters. Appeals go to the Appellate Division, Second Department. New Order to Show Cause Procedures took effect 4/1/2025 and apply to motion practice.

Nassau hospitals where med-mal claims arise

  • NYU Langone Hospital-Long Island, Mineola. Formerly Winthrop. Site of $62M verdict upheld on appeal.
  • North Shore University Hospital, Manhasset. Northwell Health flagship.
  • Nassau University Medical Center, East Meadow. County-operated; 90-day Notice of Claim required.
  • Mount Sinai South Nassau, Oceanside. Formerly South Nassau Communities Hospital.
  • Mercy Medical Center, Rockville Centre. Catholic Health.
  • Long Island Jewish Medical Center, New Hyde Park. Northwell flagship; treats many Nassau patients.
  • Plainview Hospital and Glen Cove Hospital. Northwell community hospitals.
  • South Shore University Hospital. Northwell.

Common Nassau med-mal case categories

  • Missed or delayed stroke diagnosis at ED triage.
  • Failure to diagnose cancer (breast, colon, lung, prostate, cervical).
  • Birth injuries: HIE, Erb's palsy, cerebral palsy from delayed C-section.
  • Surgical errors: wrong-site, retained foreign objects, vascular injuries.
  • Anesthesia errors: over-sedation, aspiration, hypoxic injury.
  • Medication and pharmacy errors.
  • Sepsis and pressure-ulcer neglect.
  • Nursing-home negligence under Public Health Law 2801-d.
  • Failure to obtain informed consent.

What to do if you suspect Nassau County medical malpractice

  1. Get a complete copy of the medical records. You have a right to them under HIPAA. Request them in writing.
  2. Stop treating with the provider you suspect harmed you unless no reasonable alternative exists.
  3. Do not sign anything from a hospital risk-management office before consulting counsel.
  4. If Nassau University Medical Center is involved, move fast on the 90-day Notice of Claim.
  5. Contact a lawyer while the 2.5-year clock is running. Med-mal investigation takes 8 to 12 weeks.

Related analysis from our team

References

National Practitioner Data Bank. Medical Malpractice Payment Reports.

https://www.npdb.hrsa.gov/analysistool/

Finz & Finz, P.C. "$40 Million Medical Malpractice Verdict in Nassau County Stroke Case."

https://finzfirm.com/

New York Civil Practice Law and Rules §§ 208, 214-a, 3012-a.

https://www.nysenate.gov/legislation/laws/CVP

New York General Municipal Law §§ 50-e, 50-i.

https://www.nysenate.gov/legislation/laws/GMU/50-E

New York Estates, Powers and Trusts Law § 5-4.1.

https://www.nysenate.gov/legislation/laws/EPT

New York Public Health Law § 2801-d.

https://www.nysenate.gov/legislation/laws/PBH/2801-D

New York State Unified Court System. Nassau County Supreme Court procedures.

https://ww2.nycourts.gov/

Frequently Asked Questions

What is the statute of limitations for a Nassau County medical malpractice case?

Two years and six months under CPLR 214-a, measured from the date of the negligent act, omission, or failure, or from the end of continuous treatment for the same condition. Key exceptions: foreign objects (one year from discovery), failure to diagnose cancer (2.5 years from patient's discovery, capped at 7 years from the act). Claims against Nassau County or municipal hospitals require a Notice of Claim within 90 days under GML 50-e.

Where are Nassau County medical malpractice cases filed?

Nassau County Supreme Court at 100 Supreme Court Drive, Mineola handles civil cases with unlimited jurisdiction. The court requires a certificate of merit under CPLR 3012-a affirming that a licensed physician has reviewed the case and concluded it has merit. Appeals go to the Appellate Division, Second Department. Nassau County Court at 262 Old Country Road handles limited matters up to $25,000 (rarely used for med-mal).

Which Nassau County hospitals generate the most medical malpractice claims?

NYU Langone Hospital-Long Island in Mineola (formerly Winthrop University Hospital, site of a $62 million med-mal verdict that was upheld on appeal). North Shore University Hospital in Manhasset (Northwell Health's flagship). Nassau University Medical Center in East Meadow (the county's public hospital). Mount Sinai South Nassau in Oceanside. Mercy Medical Center in Rockville Centre. Long Island Jewish Medical Center in New Hyde Park (Queens border, treats many Nassau patients). Plainview Hospital, Glen Cove Hospital, and South Shore University Hospital round out the network.

What do I need to prove in a Nassau County med-mal case?

Four elements. (1) A doctor-patient relationship existed. (2) The provider departed from the accepted standard of care for their specialty, established through expert testimony from a same-specialty physician. (3) The departure caused the injury. Proximate cause requires proof that proper care would, to a reasonable degree of medical certainty, have prevented or materially reduced the injury. (4) The injury produced damages: medical expenses, lost earnings, pain and suffering. Most Nassau cases use 2 to 4 experts per side at trial.

What recent Nassau med-mal verdicts have set the bar?

Nassau County juries have returned some of the largest medical-malpractice verdicts in New York State history. A $40 million verdict in Nassau County Supreme Court for a stroke-misdiagnosis case where two Long Island hospitals failed to timely treat ischemic stroke (Good Samaritan's neurosurgeon misread a CT Perfusion Scan, preventing mechanical thrombectomy). A prior $60 million Nassau County verdict for an epidural-paralysis case. A $62 million Winthrop University Hospital (now NYU Langone-Long Island) verdict that was upheld on appeal. The lesson: when liability is clear, Nassau juries do not cap damages out of sympathy for the defense.

What kinds of medical malpractice arise in Nassau County?

Missed or delayed stroke diagnosis at ED triage. Failure to diagnose cancer (breast, colon, lung, prostate, cervical). Birth injuries including hypoxic-ischemic encephalopathy, Erb's palsy, and cerebral palsy from delayed Cesarean section. Surgical errors including wrong-site surgery, retained foreign objects, and vascular injuries. Anesthesia errors. Medication and dispensing errors. Sepsis and pressure-ulcer neglect. Nursing-home negligence under Public Health Law 2801-d at Nassau skilled-nursing facilities.

What is a Nassau County med-mal case worth?

New York leads the country in medical-malpractice payouts with $6.298 billion across 14,359 closed claims per the National Practitioner Data Bank. The New York average settlement is approximately $446,000 compared to a national average of $242,000. Nassau County juries have produced $40M, $60M, and $62M verdicts in catastrophic-injury cases. Value depends on severity, life-care costs, lost earnings, the strength of causation evidence, and venue.

What if a county-operated facility is involved?

Claims against Nassau University Medical Center (NUMC) or any Nassau County-operated facility trigger a Notice of Claim requirement under General Municipal Law 50-e, served within 90 days of the claim's accrual, which for med-mal is often the end of continuous treatment. The 90-day clock is strict. The lawsuit itself must commence within 1 year and 90 days. Most large Nassau hospitals (NYU Langone-Long Island, North Shore, Mount Sinai South Nassau, Mercy) are private and do not require Notice of Claim.