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.

Study Finds UTI Symptoms Linked to Delayed Cancer Diagnosis in Older Patients

If you are 66 or older and diagnosed with a urinary tract infection, you might receive a prescription for antibiotics. You might be told by your doctor that you’ll be in the clear after a few days.

But what if after a few days or even weeks the UTI symptoms are still present? Perhaps your doctor continues to search for ways to treat what he or she believes to simply be a stubborn infection.

Your doctor may be making a critical mistake and failing to diagnose a potentially fatal disease. That’s because UTI symptoms in older patients could indicate bladder cancer, according to a new study. The research was presented at the American Urological Association 2015 annual meeting, according to Cancer Therapy Advisor.

An experienced New York medical malpractice attorney knows a delay in diagnosis of cancer can result in the loss of precious time and have grave consequences. It’s crucial to begin cancer treatment as quickly as possible. Doctors should understand that UTI symptoms in older patients could indicate a much more serious condition.

The lead author of the UTI-cancer study, Dr. Kyle Richards of the University of Wisconsin – Madison, said symptoms of UTI in older patients should prompt a comprehensive evaluation if the symptoms persist.

Richards told Cancer Therapy Advisor: “Timely bladder cancer diagnosis and treatment may not always occur due to prolonged treatment for presumed UTI.”

Researchers stated that UTI appears to delay the diagnosis of bladder cancer in men and women, but more often for women.

Cancer Misdiagnosis Can Have Grave Consequences

The authors wrote in their abstract: “Both women and men initially presenting with urinary tract infection are at greatest odds of significant delays in diagnosis, adverse pathology, and risk of death from bladder cancer. Symptoms of urinary tract infection in older patients might be a harbinger of bladder cancer and misdiagnosis may lead to inferior oncologic outcomes.”

If a doctor misdiagnosed a disease or delayed diagnosis of a medical condition, a patient may have grounds for a medical malpractice lawsuit. These cases can be complex and difficult to prove, which is why it’s critical to consult with an experienced medical malpractice attorney in New York like Jonathan C. Reiter. A misdiagnosis or delay in diagnosis does not necessarily mean the doctor was negligent. Your attorney will need to determine if the doctor acted competently. Questions must be asked, such as what did the doctor do – or not do – in arriving at the diagnosis?

These types of cases require a thorough investigation and resources. Jonathan C. Reiter Law Firm, PLLC, typically works with outside experts to establish medical negligence. While these can be extremely complicated cases, Jonathan C. Reiter Law Firm, PLLC knows how to put experience to work for clients. The firm has a long history of obtaining sizable verdicts and settlements on behalf of clients injured because of the negligence of healthcare providers.

For more information about how a medical malpractice attorney in New York can help you with your medical malpractice case, contact Jonathan C. Reiter Law Firm, PLLC. Call 212-736-0979 or visit http://www.jcreiterlaw.com and schedule a free consultation today.

Jonathan C. Reiter NYC Injury Lawyer

New York City Personal Injury Lawyer / Aviation Accident Attorney