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Malpractice Center

Best Medical Malpractice Lawyers in Rochester, NY (2026)

To rank Rochester medical malpractice lawyers, this evidence-based 2026 list weighs their practice focus and published results, along with reviews and credentials.

Sources checked

5 lawyers and firms

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The short answer

The list starts with DeFrancisco & Falgiatano. Alongside its published malpractice results involving brain injuries and birth injuries, client reviews describe the firm's responsive service. Before calling, find out who would handle your claim and whether they've dealt with the same medical issue. Check the filing deadline in the New York malpractice guide, and ask about costs.

At a glance

  1. 1DeFrancisco & FalgiatanoFree consultation5.0 out of 5
  2. 2DeFrancisco & Falgiatano, LLPFree consultationNo rating
  3. 3Stanley Law OfficesFree consultation4.9 out of 5
  4. 4Faraci Lange, LLPFree consultation4.6 out of 5
  5. 5Cellino LawFree consultation4.9 out of 5

Best Medical Malpractice Lawyers in Rochester

  1. Open spot. Feature your firm in RochesterFor lawyers
  2. DeFrancisco & Falgiatano logo1

    DeFrancisco & Falgiatano

    5.0124 Google reviewsRated 5.0 out of 5 on Google from 124 reviews

    Best for: Birth and brain injury claims

    For a delayed C-section that caused hypoxia and severe cerebral palsy, DeFrancisco & Falgiatano publishes an $8.2 million settlement. Charlie Falgiatano handled another settlement reported on its site: $10.25 million for malpractice that caused an anoxic brain injury. Because of those results, the firm leads this list.

    How they were picked

    Stood out in our review for the results it publishes and what its clients say.

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

  3. DeFrancisco & Falgiatano, LLP logo2

    Best for: Delayed cancer diagnosis claims

    Cancer diagnosis claims are where DeFrancisco & Falgiatano, LLP shows its clearest focus. Along with pages on other cancers, the firm's site lists breast cancer and lung cancer among the conditions it addresses. For failure to diagnose cancer, it publishes a $10.5 million verdict.

    How they were picked

    Stood out in our review for how much of its work is medical malpractice and the results it publishes.

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

  4. Stanley Law Offices logo3

    Stanley Law Offices

    4.998 Google reviewsRated 4.9 out of 5 on Google from 98 reviews

    Best for: Misdiagnosis with serious injury

    For a misdiagnosis case that went to trial, Stanley Law Offices publishes a $3.2 million result. According to the firm's site, physicians mistook pseudotumor cerebri for the flu, leaving a sixteen-year-old girl permanently blind. The attorney named is Joe Stanley.

    How they were picked

    Stood out in our review for what its clients say and the recognition it has earned.

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

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  6. Faraci Lange, LLP logo4

    Faraci Lange, LLP

    4.681 Google reviewsRated 4.6 out of 5 on Google from 81 reviews

    Best for: Clients prioritizing professional recognition

    With an AV Preeminent rating and recognition from Best Lawyers in America in Personal Injury Law, Faraci Lange, LLP has received substantial recognition. From offices in Rochester and Buffalo, the firm handles medical malpractice as well as product liability and brain injury work. Across 81 Google reviews, its rating is 4.6-star.

    How they were picked

    Stood out in our review for the recognition it has earned and what its clients say.

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

  7. Cellino Law logo5

    Cellino Law

    4.9343 Google reviewsRated 4.9 out of 5 on Google from 343 reviews

    Best for: Families wanting an established firm

    Because Cellino Law was founded in 1958, it has the longest stated operating history among these entries. Medical malpractice is part of its Rochester office's broader injury practice, which also handles motor vehicle accidents and wrongful death. Clients describe prompt calls and supportive service across 343 Google reviews, a sizable body of feedback that gives the firm a 4.9-star rating.

    How they were picked

    Stood out in our review for its years of experience and what its clients say.

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

Where they are in Rochester

What clients say about these Rochester lawyers

Google reviews of the firms on our lists, quoted as their clients wrote them and linked to where they were posted. We don't write, edit or pick reviews for pay.

  • Wilson W.

    December 2025 · Rochester, New York

    “My case, though difficult because of my mode of transportation did not deter Attorney John Falk of Faraci Lange, LLP. To begin with, a long time family friend, Kelsey, recommended Attorney, John Falk and he agreed to meet with me. We delved into the accident scene, results of the hit and run and John and his team...”

    About Faraci Lange, LLPGoogle reviewRead it on Google
  • Evette S.

    September 2026 · Rochester, New York

    “I started working with Greg Pajak a couple of years ago, he was professional, polite (always has a smile on his face) and was very responsive to my many calls and emails. He explained everything in detail and always answered my questions without making feel like I was bothering him. Greg is the BEST attorney that I...”

    About Cellino LawGoogle reviewRead it on Google
  • James P.

    June 2026 · Rochester, New York

    “Stanley law has been god sent i was being bullied by my workers comp company to where they were trying to discontinue care and payment but Stanly Law got things back on track so I could focus on healing and getting my life back to gether after trying to deal with the workers comp company by my self if you get hurt...”

    About Stanley Law OfficesGoogle reviewRead it on Google
See all reviews

A few minutes that might help

Questions about your own case?
How a malpractice claim usually moves in New York
  1. 1.Something went wrong

    Write down dates and names while they're fresh.

  2. 2.Get your records

    Ask for your full chart and test results.

  3. 3.Free case review

    A lawyer looks at what happened, free.

  4. 4.Medical opinion

    A doctor checks whether the care fell short.

  5. 5.File before the deadline

    Your lawyer starts the claim before the deadline.

  6. 6.Settlement or trial

    Many claims settle. Some go to a judge or jury.

Your deadline: 2 years and 6 months from the treatmentRead the New York law guide

Each step in more detail
  1. Review the dates

    To check New York's filing deadline, the lawyer reviews your treatment dates: generally 2 years and 6 months from the act or omission, or the last continuous treatment for the same condition. Tell the lawyer immediately if the patient was a child.

  2. Examine the medical care

    As part of reviewing the medical issue, your attorney consults a licensed physician. To provide New York's certificate of merit, the attorney must state that after the consultation, they concluded there's a reasonable basis for the action.

  3. File the complaint

    Filing the complaint starts your lawsuit. Although it must include the attorney's certificate of merit, New York allows 90 days to file that certificate if the filing deadline was near. Find out from your lawyer whether your claim qualifies for that provision.

  4. Address the injury and losses

    When you describe the injury's effects to your lawyer, include bills and concerns about care you'll still need. Medical malpractice damages aren't capped in New York. Even so, that doesn't tell you what your claim is worth or whether you'll succeed.

  5. Consider settlement or trial

    Among the results published on this list, you'll find settlements and trial awards. Before considering a proposed settlement, ask your lawyer to explain it and what a trial would involve. You can't tell from past results how your case will turn out or how long it will take.

Malpractice claims in Rochester: the rules that matter

The filing deadline in New York
  1. The clock startsOn the day of the treatment
  2. Time to start a claim2 years and 6 monthsMiss it and the claim is usually lost.
  3. At the very most7 yearsafter the treatment, with a few exceptions
Limits on damages in New York
  • Pain and sufferingNo cap
  • All damages togetherNo overall cap
  • Expert paperworkThe complaint must include the attorney's certificate of merit stating they consulted a licensed physician and concluded there is a reasonable basis for the action (or 90 days to file it if the deadline was near).

Read the New York law guideWork out your own deadline

Filing deadline for most malpractice claims in New York
2 years
Source
Outer limit (statute of repose)
7 years
Source
Cap on non-economic damages
No cap.
Source
Hospitals near Rochester with a CMS star rating
4
Source

What a malpractice lawyer costs in Rochester

  1. The first callOften free. Ask before you book.
  2. A written agreementThe share the lawyer takes, set out before work starts.
  3. If you recover moneyThe agreed share and the case costs come out of it.
  4. If the claim failsNo legal fee on a contingency agreement. Ask about costs.
According to every firm on this list, it works on contingency. If the claim fails, there's no lawyer's fee; otherwise, the lawyer takes a share of what's recovered. Consultations are offered free, too. You'll need to consider case costs separately, including medical records and medical opinions, along with court fees. Find out whether you're expected to pay those costs or the firm advances them. If the claim fails, who pays those costs? Don't sign until you've requested a written explanation of how the fee is calculated and when expenses come out. The listed firms don't state any percentages for their fees.

According to each of the seven listed firms, you can get a free consultation and hire it on contingency.

What to bring to your first call

  • Discharge instructions and any other medical records you have
  • Dates when you received treatment, including follow-up for the same condition
  • Names of the treating clinicians and the hospital
  • Receipts for related expenses, along with your medical bills
  • Any letters you've received from the hospital or insurer
  • If relevant, photos showing the injury
  • What happened, written as a brief timeline
  • If the claim involves a child especially, the patient's birth date

Questions to ask a lawyer

  1. 1What claims have you handled involving this same medical error?
  2. 2When I have questions, who answers and handles my file?
  3. 3Given these treatment dates, what's my filing deadline?
  4. 4For the certificate of merit, how will you arrange to consult a physician?
  5. 5What's your method for calculating the contingency fee?
  6. 6If the claim fails, who pays case expenses, and what happens otherwise?
  7. 7When there's news about my case, how will I hear?
  8. 8Before you decide whether to take my claim, what do you need to know?

Choosing a malpractice lawyer in Rochester

Instead of starting with firm size, focus on the medical problem. If cancer diagnosis was delayed, the questions differ from those about a birth injury. You'll find a published cancer diagnosis verdict from DeFrancisco & Falgiatano, LLP; DeFrancisco & Falgiatano publishes birth injury results. Use those details to help decide whom to call. When you ask who would handle your file, remember that a result the firm obtained before doesn't forecast what will happen for your family.

Make the first conversation useful
  1. Describe the treatment

    Include the hospital's name and treating clinician when you write down what happened and when. Record the date you learned about the injury. Give the lawyer those treatment dates too if care continued for the same condition. Before requesting a consultation, you don't need to determine whether malpractice occurred.

  2. Ask about comparable work

    If a lawyer is assigned to you, ask about their experience with the same kind of alleged error. Ask for examples without another client's private information being disclosed. You'll find published results from some firms here, but not others. To learn how a lawyer handles medical records or physician consultation, you can't rely on a general injury review.

  3. Agree on communication

    When you have questions or need decisions explained, who will respond? Is your contact the lawyer or someone else on the team? Although reviews across this list often praise responsiveness, your agreement should make clear whom you'll be dealing with. Tell the firm if you need explanations in writing.

According to all listed firms, they offer free consultations and charge contingency fees. Because the consultation is free, you can discuss your claim without paying for that meeting. If there's a recovery under a contingency arrangement, the lawyer receives a share; if the claim fails, there's no lawyer's fee. Expenses aren't included. Find out who pays for records and medical opinions, then ask what you could owe if there's no recovery.

  • If someone promises a result based on another client's settlement, be wary.
  • Don't sign until you understand the fee agreement and who pays the expenses of the case.
  • Ask what physician consultation New York's certificate of merit requires, and have the lawyer explain it clearly.

Treat this as general information, not legal advice. To understand how the rules fit your situation, speak with a New York lawyer.

Questions people ask

How long do I have to file a medical malpractice claim in Rochester?
You generally have 2 years and 6 months from the act or omission to file in New York. The clock may start with the last treatment if care continued for the same condition. Don't decide the starting date on your own. Have a New York lawyer look through your records, then explain which date applies to your claim.
Does a child have more time to bring a malpractice claim?
While the patient is a minor, New York extends the filing period, which means it effectively starts at age 18. But that extension can't run past 10 years after the malpractice. It goes no further. Rather than waiting until your child reaches adulthood, ask a New York lawyer now to review the dates when your child received treatment.
Can I speak with a Rochester malpractice lawyer for free?
According to each of the seven entries, the initial consultation is free. When you describe the treatment in that conversation, ask whether the firm takes claims involving that type of care. It's okay if you don't have every record yet. With the dates you know in hand, ask what the consultation includes and what else the firm needs to review your claim.
Will I owe legal fees if my malpractice claim fails?
If your claim fails, there's no lawyer's fee under the contingency arrangement the listed firms say they use. Costs are separate. Before you hire anyone, find out who pays for records and medical opinions and whether you'd owe those costs without a recovery. Ask for that answer to be included in the firm's written fee agreement.
What is New York's certificate of merit?
In this statement, the attorney says they consulted a licensed physician and, after doing so, concluded there's a reasonable basis for the action. File it with the complaint. A 90-day period to file the certificate is available if the filing deadline was near. Find out from your lawyer whether you can use that timing rule in your situation.
Does New York limit medical malpractice damages?
There's no cap on medical malpractice damages in New York. Even without a cap, not every injury supports a claim, and no particular recovery amount is assured. When these firms publish a settlement or award, it concerns one individual case. Have a lawyer explain how your medical records and the effects of your injury relate to your claim.
How long will a Rochester malpractice case take?
You won't find a reliable estimate here for your family's case. How long resolving a claim takes is a different question from when you must file. When you speak with your lawyer, ask what's left to review and whether they've consulted a physician. Ask them to explain what could change when settlement discussions happen or when the case goes to trial.
What should I do first if I suspect a medical error?
As you gather the records you already have, put together a short timeline. Because continuous treatment for the same condition can affect New York's deadline, include the dates when you received follow-up care. Don't delay contacting a lawyer about the medical issue and dates. Before you call, you don't need to figure out for yourself whether the care amounted to malpractice.
Can I contact these firms if a loved one died after treatment?
Among the firms that list wrongful death as a practice area are Stanley Law Offices and Cellino Law, along with several others here. Once you've explained the treatment and death to the lawyer, ask which claim may apply and what its filing deadline is. To understand the rules for your family, speak with a New York lawyer. The general malpractice deadline won't necessarily answer every question, so don't assume it does.

Sources

  1. N.Y. C.P.L.R. § 214-a, New York State Senate
  2. N.Y. C.P.L.R. § 208, New York State Senate
  3. N.Y. C.P.L.R. § 3012-a, New York State Senate
  4. State Enactments of Selected Medical Liability Reforms (as of 8/27/2026), Medical Professional Liability Association
  5. Contributory Negligence/Comparative Fault Laws in All 50 States (updated 6/10/2026), Matthiesen, Wickert & Lehrer, S.C.
  6. Hospital General Information, Centers for Medicare & Medicaid Services
  7. Malpractice Center methodology, Malpractice Center

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