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.

Cancer Study: Doctors Miss Cancer Diagnosis in 71 out of 6,000 Patients

Talk to a New York City Cancer Misdiagnosis Lawyer About Your Case

Being diagnosed with cancer is a devastating event, but learning you have cancer after a doctor previously missed the disease is a blow no one should have to bear. Unfortunately, studies show that cancer misdiagnosis occurs with alarming frequency.

When a diagnosis of cancer is missed or delayed, the disease can progress to a point where it becomes uncurable, or treating it requires more extensive treatments or surgery. Patients may be forced to take time off work or to stop working entirely. In many cases, they must also deal with a diminished quality of life while they undergo aggressive treatment. In the most catastrophic cases, a cancer misdiagnosis leads to a patient’s preventable death.

If your doctor missed your cancer diagnosis or delayed diagnosing you, you may be entitled to receive compensation for your losses, including money for pain and suffering, medical bills, lost wages, future medical expenses, and other damages. It’s important to discuss your missed cancer diagnosis case with a New York City medical malpractice lawyer.

How Often Do Doctors Miss a Cancer Diagnosis?

Most people are brought up to revere and admire doctors; society views physicians and other health professionals as intelligent and competent. However, doctors are still human beings and like anyone else, they can make mistakes. When they do, patients may suffer the consequences.

According to several studies, missed cancer diagnosis happens more often than many people realize. Even more concerning, doctors themselves underestimate just how often they and their colleagues get it wrong.

In a 2013 study jointly published by Best Doctors and the National Coalition on Health Care, researchers surveyed over 400 doctors who stated that the cancer misdiagnosis rate fell in a range between zero and 10 percent.

When researchers compared the doctors’ estimates to the real statistics from the BMJ Journal, however, they found that doctors actually misdiagnosed cancer in 28 percent of cases.

In another study conducted by Johns Hopkins University, researchers found that doctors completely missed a cancer diagnosis in 71 out of 6,000 cases, and mistook one type of cancer for another in 1 out of 5 cases.

The findings show that there is a wide gap between how often doctors think they miss a cancer diagnosis and how often they actually fail to diagnose cancer. This disparity harms patients and causes them to forego treatment that could improve their outcomes and possibly even save their lives.

Why Do Doctors Misdiagnose Cancer?

Doctors can miss a cancer diagnosis for a variety of reasons. In many cases, misdiagnosis is brought about by some kind of error in the pathology process. When doctors send out a biopsy sample for analysis, a pathologist reviews the sample and runs tests to determine if the sample is cancerous.

It’s also possible for a doctor to dismiss a patient’s symptoms or concerns during an office visit or exam. Far too often, patients leave a doctor’s office feeling like they were rushed through a visit or not given an opportunity to have all their questions answered. This may even cause a patient to avoid seeking future treatment because a doctor made them feel silly or like a hypochondriac.

When doctors dismiss a patient’s concerns or fail to conduct follow up tests or exams, they can miss a cancer diagnosis. For the vast majority of cancers, early diagnosis and intervention is key to stopping the cancer from progressing and giving the patient the best prognosis possible.

Additionally, cancers that are caught early are often far easier to treat with fewer aggressive interventions than those that are allowed to progress unchecked. When doctors fail to diagnose cancer in a timely manner, patients pay the price with their health, their finances, and sometimes even their lives.

Ways to Reduce Missed Cancer Diagnosis

In the BMJ Journal study that looked at how often doctors miss a cancer diagnosis, doctors also responded with ways they believe missed diagnoses can be reduced. In the study, 36 percent of doctors said they think new diagnostic tools and methods in pathology would help reduce the number of cancer misdiagnosis cases.

In the same study, 17.8 percent of doctors said they believed new methods of genetic testing for tumors could improve outcomes and reduce the number of missed diagnoses in cancer patients. Another 15 percent of doctors said better radiology resources could cut down on the number of missed cancer diagnosis cases.

Contact a NYC Medical Malpractice Lawyer About Your Case

If you are a victim of medical malpractice due to a doctor misdiagnosing your cancer or delaying your cancer diagnosis, it’s important to speak to a New York City medical malpractice lawyer about your case. There are strict time limits for filing a medical malpractice claim, so it’s important to act quickly to protect your right to receive compensation.

CALL NOW

212-736-0979

We’re Available 24/7

Sources:

bostonmagazine.com/health/2013/01/31/study-cancer-misdiagnose/
webcache.googleusercontent.com/search?q=cache:VhTyx2-W3TYJ:www.hopkinsbreastcenter.org/artemis/200106/feature.html+&cd=4&hl=en&ct=clnk&gl=u

Jonathan C Reiter Law Firm