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.

6 Questions To Ask Before Surgery

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

For many people, undergoing surgery is an unsettling prospect. Unfortunately, the fact that medical mistakes are now the third leading cause of death in the U.S. doesn’t make the process any easier.

No surgery is entirely without risk, but competent and careful surgeons and medical professionals do everything they can to ensure their patients are safe. Nevertheless, surgical mistakes happen, which is why it’s important to go into any surgical procedure as knowledgeable and informed as possible. Before you go under the knife, there are six questions you should ask your doctor or surgeon.

Table of Contents

1. Why Am I Having This Surgery?

It may sound obvious, but it’s important to understand exactly why you’re having a surgical procedure. Furthermore, your doctor should always make time available to explain the procedure to you fully. If you have any questions, make sure your doctor takes time to answer them. There is a difference between elective surgery, which is optional, and necessary surgery. Every patient should know whether the surgery is really necessary or is just a treatment option.

2. What Will Occur During the Surgery?

Ask what the step-by-step process is for your particular surgery. Taking the time to do this can help put your mind at ease as well as make you more informed on your overall health.

Your doctor may try to tell you “everything will be fine,” but this isn’t enough information. While you may not fully understand complex medical processes, your doctor should be able to break them down into everyday terms. In some medical malpractice cases, patients report not fully understanding what occurred during their surgery because their doctor never bothered to explain it to them.

For example, will you have a traditional incision, or will the doctor use laparoscopic surgery that features a couple of small entrance points? Will your surgery involve robotic-assisted surgery? What kind of instrumentation, if any, will the doctor put inside your body? Are there any negative side effects or complications associated with the materials the doctor will use?

These are all standard questions you should consider asking, and your doctor should make sure he or she gives you thorough answers.

3. What are the Risks, Benefits and Alternatives to Surgery?

For some diseases and medical conditions, surgery is the best option among several different alternatives. In other cases, surgery may be the more aggressive approach, and some doctors may recommend trying something more conservative first. Doctors vary on how they prefer to address certain conditions, and it’s important to know if there are other doctors out there who might advocate for a different route.

Learning about your different options is where you might consider obtaining a second or sometimes even a third opinion. Your doctor should be willing to tell you what other doctors in the field recommend for cases similar to yours.

It is also critically important to be fully advised of the risks of surgery. These can involve general risks common to all surgical procedures, such as bleeding and infection, or may be specific to the particular operation or procedure being considered. For example, a screening colonoscopy carries an approximately 1 in 1200 risk of perforation of the colon – a potentially serious or fatal complication. This must be balanced against the potential benefit of the procedure, which is the early diagnosis of colon cancer. Breast augmentation or reduction surgery carries with it the risks of skin necrosis, infection and scarring and lack of symmetry, which can usually be avoided by proper technique and follow-up by the surgeon.

4. What Do I Need to Know About Anesthesia?

Anesthesia is a part of most surgeries, but it can also involve potentially serious complications. In most cases, patients meet with the anesthesiologist, who can answer questions about what types of anesthesia will be used during the surgery. The anesthesiologist should also ask you about any past complications you may have had with anesthesia, along with any allergies or medical conditions that could make certain kinds of anesthesia unsafe.

5. What Should I Expect During Recovery?

The recovery process is a big part of any surgery. If you don’t know what to expect, you might not recognize when something has gone wrong or needs medical attention.

For example, it’s important for patients to know the warning signs of infection so they can seek medical help if they start to experience a high fever, dizziness or any of the other telltale signs of an infection following surgery. It’s also important to know what type of normal bleeding to expect after your procedure, versus what you should look for to spot abnormal bleeding. Excessive or unusual amounts of pain can also be a tip-off that there is a serious problem that may need immediate medical attention.

6. What Happens If a Mistake Occurs?

Always ask doctors what they will do if the surgery doesn’t go as planned, or what happens if they make a mistake during the surgery. Each surgery is different, and no amount of advanced planning can anticipate every potential problem.

If your doctor brushes off your concerns or makes you feel bad for asking questions, you might consider choosing another surgeon for your procedure. If the doctor won’t give you the time of day before the surgery, what kind of response can you expect if you experience problems afterward? Your doctor should treat you with respect and courtesy before and throughout the entire surgical process.

What to Do If You Have Experienced a Surgical Mistake

If you believe your doctor made a mistake during your surgery, you may have a claim for medical malpractice. There is a short window of time for filing this type of claim, which is why it’s best to speak to a medical malpractice lawyer if you suspect your surgeon engaged in medical malpractice.

Media Contact:

Manhattan Medical Malpractice Attorney Jonathan C. Reiter

(T): 212-736-0979

https://www.jcreiterlaw.com/

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Prior results cannot and do not guarantee or predict a similar outcome with respect to any future case. Recoveries always depend upon the facts and circumstances of each case, the injuries suffered, damages incurred, and the responsibility of those involved.

Jonathan C. Reiter NYC Injury Lawyer

New York City Personal Injury Lawyer / Aviation Accident Attorney