Negligent treatment decisions and actions by healthcare providers can lead to injuries or complications for patients. Patients who experience such harm may have a medical malpractice claim against their providers when a provider’s negligence leads to an adverse medical outcome. However, patients in Queens, NY, who may have medical malpractice claims against their providers should understand the developing trends in malpractice cases in 2026.
Case Volumes and Common Claim Types
Medical malpractice claims involving delayed diagnosis or failure-to-diagnose continue to represent a notable portion of malpractice claims due to the continued knock-on effects of pandemic and post-pandemic diagnostic delays. However, other common types of medical malpractice claims include surgical errors (e.g., leaving equipment inside a patient, wrong-site surgery, wrong-patient surgery), birth injuries, medication errors, and anesthesia errors (e.g., failure to monitor).
AI & Diagnostic Technology
Medical malpractice claims, especially misdiagnosis/delayed diagnosis claims, may begin to involve allegations that AIs caused or contributed to misdiagnoses or delayed diagnoses. Although AI tools designed to help doctors with differential diagnoses have begun hitting the market or have reached advanced stages of development, reliance on these tools could lead to disputes over liability for misdiagnoses. Furthermore, the medical profession must develop standards of care to address the proper use of AI tools.
Expert Testimony Standards
New York courts have made subtle changes in recent years to the standards and procedures governing expert witness testimony in medical malpractice cases. For example, the courts have directed a shift in the standards of medical expert testimony away from local customs or habits in medicine towards a “reasonableness’ standard based on current peer-reviewed research and national clinical guidelines issued by organizations such as the American Medical Association or national medical specialty groups (e.g., American Academy of Pediatrics, American College of Cardiology, etc.).
New York courts have also begun mandating stricter adherence to expert disclosure rules, requiring parties to disclose the names and reports of testifying experts (including treating physicians) within the deadlines established by courts and their local rules. As a result, patients pursuing medical malpractice claims and their legal counsel must ensure they secure and identify their experts as early as possible in a case.
Legislative Battles Over Damage Caps
Although New York law does not cap the damages patients can recover in medical malpractice cases, other states have laws that limit recovery for punitive or non-economic damages in medical malpractice claims. The New York legislature has repeatedly considered bills that would impose caps on non-economic or punitive damages in medical malpractice cases. Proponents of caps argue that they will help keep medical malpractice insurance costs in check and protect hospitals and other medical facilities from financially crippling verdicts that consist primarily of non-economic and punitive damages.
What Patients and Their Loved Ones Should Know
Patients in Queens and their families who may have medical malpractice claims should remember that New York law imposes a 30-month deadline for filing a claim after the patient has received negligent care and suffered harm. However, various circumstances can alter the deadline for a specific medical malpractice claim, making it essential to seek legal counsel to ensure that a patient files their claim on time. Legal representation can also help patients navigate the changes and developments in medical malpractice cases in 2026.
Contact Our Medical Malpractice Attorneys Today for Experienced Advice and Advocacy
The process of pursuing a medical malpractice claim is constantly evolving, which can influence parties’ rights. Contact McCann Legal, PC today for a free, confidential consultation with a knowledgeable Queens medical malpractice lawyer to learn more about the developing trends in medical malpractice claims in Queens and how they might affect your efforts to seek compensation for harm caused by a healthcare provider’s negligence.