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.

5 New Technologies That Might Reduce Medical Mistakes

New York City, NY top attorney, handles medical malpractice, wrongful death, doctors errors cases, airline injuries & death, MTA, bus accidents, and construction cases. Attorney Jonathan C. Reiter consistently delivers results.

Medical errors are the third leading cause of death in the United States, outpacing everything but cancer and heart disease. According to a study published in the British Medical Journal, medical mistakes cause over 250,000 fatalities in the U.S. every year.

There are many types of medical errors, including medication mistakes, misdiagnoses, hospital-acquired infections, wrong-site surgery, and unnecessary treatment. Unfortunately, many patients sense something is wrong but get brushed off by their doctor or outright ignored when they seek help.

To reduce the number of medical mistakes, many hospitals and other health care institutions and facilities are turning to technology. Here are five innovative technologies that may help lower the number of medical errors.

Table of Contents

Sponge Detection Systems

Forgotten sponges are a leading cause of medical mistakes. During the average surgery, doctors use sponges — sometimes dozens of them — to control bleeding and allow them to see the area they’re working on more clearly. When a sponge is left behind, and the patient is closed up, however, it can cause pain, infection, and even death.

A new technology is trying to eliminate forgotten sponges by using radio frequencies. The radio frequency can detect the presence of sponges, hopefully ensuring that doctors and surgical techs account for all sponges at the conclusion of the surgery.

While the technology has been approved by the Food and Drug Administration (FDA), researchers say they can’t use it at present in patients who have cardiac implantable electronic devices (pacemakers), as the radio signals might interfere with the cardiac device’s function.

Iris Scan Authentication

Iris scan technology may sound like something out a science fiction movie, but it is very real and already being used in operating rooms. The goal is to reduce the risk of a patient mix-up by scanning a patient’s iris for identification purposes prior to surgery. If the iris information matches the patient’s record, doctors can proceed with the operation without worrying that they’re operating on the wrong person.

Adoption of Electronic Health Records

If you’re of a certain age, you probably remember walking into your doctor’s office and seeing big shelves filled with patient records decorated with colorful chart tabs. In fact, you can still see this sort of chart organization system in physician offices that haven’t switched to electronic health records (often abbreviated EHR).

By switching to electronic health records, doctors can more easily share a patient’s health history, including drug interactions and allergies, with other health providers. Digital records also help eliminate the human error that can happen when health professionals rely on paper and their own handwritten notes.

According to the Office of the National Coordinator for Health Information Technology, over 90 percent of hospitals in the U.S. are using “meaningfully certified health IT.”

Computerized Physician Orders

It’s a stereotype that doctors have horrible handwriting. While there are certainly physicians out there who won a handwriting award or two in school, talk to any nurse or health administrator, and they’ll tell you the stereotype is well-earned.

Relying on paper prescriptions and handwritten physician orders can result in serious medical mistakes, including medication mix-ups. Many medications have similar names but treat completely different conditions. Computerized order systems include warnings and alerts that flag potential problem areas, such as a medication that sounds similar to another or a patient allergy.

Another advantage of computerized order systems is the software typically requires health care providers to fill in all fields. This software helps create a more comprehensive record, which hopefully cuts down on medical errors that can lead to serious injury or even death.

Bar Code Medication Administration

Medication errors are a leading cause of medical malpractice. As a patient, it’s important to always check your prescription before taking any kind of medication. However, patients don’t always know the difference between one drug or another. Understandably, most people trust their doctor and pharmacist to dispense drugs that are safe and appropriate.

However, medical mistakes still happen. Furthermore, patients who are in the hospital may not always be in a position to ask questions about the medications they’re being given. Bar code medication administration procedures work by giving each patient a wristband or other identifying device embedded with a bar code that is unique to the patient.

When a doctor or nurse dispenses a medication, they scan the bar code to make sure they have the correct patient and that a doctor has ordered the particular medication they are about to dispense. This process helps health professionals match the bar code information with the type and amount of medication.

If you have been the victim of a medical mistake, you may be entitled to compensation. You may wish to speak to a New York City medical malpractice lawyer about your case.

Media Contact:

NYC Medical Malpractice Attorney Jonathan C. Reiter

T: 212-736-0979

https://www.jcreiterlaw.com/

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