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.

African-American Mothers Are Four Times More Likely to Die Due to Childbirth Complications Than White Mothers

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

Having a baby is supposed to be a joyful experience, not a scary one. For a staggering number of women and families in the United States, however, childbirth is an incredibly risky process. Among all developed countries in the world, the U.S. has the highest maternal death rate.

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U.S. Has the Highest Maternal Death Rate of Any Developed Country

Every year, between 700 and 900 mothers die during or shortly after giving birth in the United States. This statistic means that for every 100,000 live births, 26.4 women die. For every woman who dies, another 70 come close to dying. According to health experts, the vast majority of these deaths are preventable. Additionally, African-American mothers are four times more likely to die due to childbirth complications than white mothers.

In the rest of the developed world, the maternal death rate is much lower. In other developed countries, the average rate is 12 deaths per 100,000 live births.

Reasons for High Maternal Death Rate

Health experts say there are a number of reasons that could explain why the U.S. has such a high maternal death rate.

Lack of affordable health care – Unlike most developed countries, the U.S. lacks a comprehensive universal health care plan. When people are too poor to afford health insurance, they are unlikely to receive high-quality maternity care.
Nonexistent federally mandated paid maternity leave – Also unlike the majority of developed countries in the world, the United States lacks any federal mandates requiring employers to offer paid maternity leave following childbirth. In some cases, mothers must return to work almost immediately after giving birth, which can lead to serious health complications for mothers and babies.
One report points out that mothers in other developed countries receive a larger amount of support than mothers in the United States. Mothers in other countries have access to social services that simply don’t exist in the United States. Although there are currently two paid maternity leave bills pending in Congress, they have received little support.
Advanced Maternal Age Pregnancy – In the U.S. and other parts of the world, women are also giving birth and having children at older ages than previously expected. Studies show that childbirth and pregnancy are significantly more dangerous for women after passing 40 years of age.
Overall unhealthy population – The United States also has the highest obesity rate of any developed country. When mothers are obese during pregnancy, they have a higher risk of developing serious pregnancy complications. Therefore, they are more likely to experience complications during childbirth, and they are more likely to require a cesarean section (C-section), which increases their risk of experiencing a complication.
Higher C-section rate – Compared to other developed countries, the U.S. has a higher C-section rate. While every birth has risks, C-sections involve a major surgery, which puts both the mother and baby at a higher risk of experiencing a complication.

In other cases, as noted in multiple media reports, women say they were completely ignored or brushed off by doctors when they raised concerns. According to an NPR report, one woman experienced eight weeks of consistent, unusual bleeding. She went to the emergency room, which sent her to her obstetrician. At the ER, a nurse told her she thought the emergency room doctor just wanted the woman to “go home.” The obstetrician told her she was most likely just getting her first menstrual period after childbirth and sent her home.

When she later returned with more bleeding, she nearly died in the doctor’s office due to hemorrhage. Eventually, doctors had to perform an emergency hysterectomy, which revealed she had lost half of the blood volume in her body. According to medical experts, a basic ultrasound would have revealed the source of her bleeding, and proper medical care could have saved her from undergoing a hysterectomy. As NPR reports, “Though rare, it could’ve been detected earlier with a scan and treated before it became life-threatening.”

Top 5 Deadliest Complications of Childbirth

According to NPR, the five deadliest complications of childbirth include infection, blood clots, pregnancy-induced hypertension, heart conditions, and blood loss. In many cases that NPR reported on, women who experienced these complications could have been saved if their doctors had merely provided timely care.

Instead, newborn mothers who were ignored or brushed off by their doctor ended up dying, leaving grieving families and newborn children behind. In cases where women survived, many were forced to undergo complete hysterectomies, ending their fertility and often leaving them with numerous complications. As NPR reports, “…obstetricians and nurses strongly tend towards expecting the best and not the worst.”

The reality, however, is that always expecting the best means health care professionals will inevitably miss worst-case scenarios. When they do occur, patients die. Mostly young, otherwise healthy newborn mothers unexpectedly die when doctors and nurses either ignore their concerns or deny them the medical care they need — and sometimes beg for.

Currently, some estimates say up to 80,000 mothers each year experience life-threatening complications during pregnancy and childbirth. Experts say bringing these numbers down would save countless lives.

At the New York Medical Malpractice Law Firm of Jonathan C. Reiter, we believe people should be held accountable for their actions when they cause a wrongful death. Call today to speak with an experienced medical malpractice attorney that understands what families go through when they lose a loved one in an accident or due to medical malpractice.

NYC Medical Malpractice Lawyer Jonathan C. Reiter

T:212-736-0979

https://www.jcreiterlaw.com/

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