What are the Contingent Fees in a New York Medical Malpractice Case?

New York's Judiciary Law Section 474-A provides that in a medical malpractice case the attorney's fee is 30% of the first $250,000 of the "net sum" recovered. For the next $250,000 recovered, the fee is 25%. For the next $500,000 recovered the fee is 20%. For the next $250,000 recovered the fee is 15%. After that for any amount recovered over $1,250,000 the fee is 10%. The "net sum" recovered is the gross amount of the judgment or settlement, minus the amount of money the attorney has laid out for the expenses of the case. The expenses usually include fees for expert witnesses, court filings, transcripts, subpoenas, medical records and other similar expenses. As an example, if there is a gross settlement of $1million and expenses of $50,000, the fee would be calculated as follows: $1 million minus $50,000 equals $950,000 (the net sum recovered). 30% of the first 250,000 = 75,000 25% of the next 250,000 = 62,500 20% of remaining $450,000 = 90,000 Total fee = 227,500 Net to client = $772,500

Is an Expert Required in Order to File a Complain in a New York Medical Malpractice Case?

Yes. Pursuant to New York Civil Practice Law and Rules section 3012-A, a certificate of merit must accompany the complaint which states that the attorney for the plaintiff has consulted with an expert physician and that on the basis of that expert review, there is a reasonable ground for the commencement of a medical malpractice case. If there is insufficient time to obtain this medical review before the statute of limitations expires, then the attorney can state that in the certificate and later file a supplemental certificate when the expert review has been obtained.

What is a Notice of Medical Malpractice in New York?

Pursuant to section 3406 of the NY Civil Practice Law and Rules, the notice of medical malpractice action is a mandatory form that must be filled by the plaintiff with the clerk of the Court within 60 days of the service of answers by all defendants

What is the statute of limitations for a medical malpractice case in New York?

Answer: Pursuant to section 214-a of the NY Civil Practice Law and Rules, the basic medical malpractice statute of limitations is 2 and ½ years from the date of the malpractice or the last date of continuous treatment by the physician or hospital sought to be held responsible for the same injury or condition that gave rise to the malpractice. This statute of limitation applies to private physicians, hospitals, nurses and other health care providers.

What is the statute of limitations for medical malpractice by New York City Health and Hospitals Corporation? (NYCHHC)

Answer: There are special rules applicable to malpractice by public hospitals run by the New York City Health and Hospitals Corporation, such as Bellevue, Jacoby, Elmhurst, Metropolitan, Lincoln and others. Pursuant to Section 7401 of the NY Unconsolidated Laws, a medical malpractice lawsuit against the NYCHHC must be commenced within one year and ninety days. There is also the requirement that a notice of claim be filed with NYCHHC within ninety days in conformity with NY General Municipal Law 50-e.

What is the statute of limitations for a malpractice in failing to diagnose cancer?

Answer: Section 214-a of the NY Civil Practice Law and Rules provides that the statute of limitations for cancer misdiagnosis is 2 and ½ years from the date that the cancer was diagnosed, or that the patient should have known of the diagnosis of cancer. This is a special provision applicable only to cancer that measures the 2 and ½ years from the date of discovery of the cancer, rather than the date of misdiagnosis. This provision was added by the legislature to remedy the situation where a misdiagnosis is made and the patient is unaware of the cancer for a prolonged period of time until it is discovered.

What is the statute of limitations for medical malpractice that causes the wrongful death of the patient?

Answer: When medical malpractice causes the death of the patient, there is a claim for the patient's injuries, pain and suffering up to the time of death, that is governed by Section 214-a of the NY Civil Practice Law and Rules, which provides for a 2 and ½ year statute of limitations measured from the date of the malpractice, the last date of continuous treatment, or in the case of cancer misdiagnosis, from the date of discovery of the cancer. There is also a separate claim for the wrongful death of the patient. Pursuant to Section 5-4.1 of the NY Estates, Powers and Trusts Law, the claim for wrongful death must be brought within 2 years from the date of death by the legal representative of the patient's estate, e.g, an executor or administrator.

Who Is Responsible When Construction Workers Are Hurt on the Job?

Who Is Responsible When Construction Workers Are Hurt on the Job?

Construction work is one of the most dangerous jobs in the country, and workers face serious risks every day. Unfortunately, injuries are common says Jonathan C. Reiter a leading NYC based Construction accident lawyer.

When a worker is hurt on a construction site, the first priority should be seeking medical care as soon as possible. However, it doesn’t take long for bills to start piling up. Additionally, construction workers must worry about missing time from work and dealing with pain from their injuries.

On a large construction site, there can be many parties who bear responsibility for a construction worker’s injuries.

Construction Sites Are Dangerous

According to the Occupational Safety and Health Administration (OSHA), over 4,300 construction workers were killed at work in 2014. These deaths accounted for over 20 percent of workplace fatalities that year.

The Centers for Disease Control and Prevention (CDC) states that construction workers suffer deadly workplace injuries at a rate three times higher than American workers in other industries.

By nature, construction is a dangerous job. In some cases, workers must do their jobs at extreme heights, where a slip and fall can mean a catastrophic injury or death. Crews must also work with heavy machinery and tools that require electricity, putting them at risk of electrocution. In other cases, they must use chemicals and toxins on the job.

On construction sites, around 95 percent of health issues workers encounter are due to injuries, with the remaining 5 percent made up of illnesses. Construction work injuries are so common that OSHA refers to the most common construction work injuries as the “fatal four.” Together, these four types of injuries accounted for over 60 percent of construction worker deaths in 2014.

Falls – At 40 percent of all construction deaths, falls are the most common accident type among the fatal four. There were 359 deaths in 2014.
Electrocution – 8.2 percent of construction deaths were caused by electrocution, with 74 workers dying due to electrocution.
Struck by an object – This can include objects dropped from a height or a tool or piece of machinery striking someone. These types of accidents accounted for 8.1 percent of fatalities, with 73 workers killed.
Caught in between objects – Crushing injuries killed 39 construction workers and accounted for 4.3 percent of construction deaths.

Who Is Liable for Construction Worker Injuries?

Many construction sites in New York City are sprawling job sites with a lot of moving parts. There can be many parties involved on a job site, and each of these parties may bear some responsibility for a construction worker’s injury or death.

Site owner – The owner of the site is usually the possessor of the property while a construction job is ongoing. As the land’s owner or occupant, the site owner typically exercises significant control over the site and the work being performed. This usually means they are legally liable for injuries or deaths that occur when they knew or should have known about a hazardous condition on the property.
General contractor – The general contractor, as well as certain subcontractors, may be held liable when a worker is injured or killed. In many cases, it falls to the general contractor to make sure that workers have the appropriate safety equipment and training to work without being unnecessarily exposed to dangers.
Architects – In some cases, a construction accident occurs because a building or structure is inherently unsafe or hasn’t been properly inspected before work is permitted to continue. It may be possible for an architect or a building engineer to bear responsibility for a construction worker’s death or injury.
Equipment manufacturers – If a construction site injury or death occurs due to faulty or defective equipment, the maker of that equipment could be held liable for a construction accident that leads to death or injury.

What to Do If You Have Been Hurt on a Construction Site

If you have been injured on the job as a construction worker, there are steps you can take to help protect your claim. First, you should get medical help for your injuries. It’s important to avoid delays in medical treatment, as an insurance company or other responsible party might try to argue that your injuries were caused by some other type of accident rather than the construction site accident.

You should also gather as much information as you can after your accident. If there’s an opportunity to file an accident report, make sure you follow the proper protocols for making your report. Talk to witnesses and ask them to write down what they observed. If possible, take photos of the accident site as well as your injuries.

It’s also important to discuss your case with an experienced New York City construction accident lawyer. Construction injury cases can be complicated. A knowledgeable construction accident lawyer can help you understand your rights.

Sources:

Jonathan C Reiter Law Firm