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.

NYC Chiari Malformation Medical Malpractice Verdict

Chiari Malformation Medical Malpractice Verdict - Jonathan C. Reiter Law Firm

New York Medical Malpractice Attorney Jonathan C. Reiter wins a unanimous verdict of $5 Million in Chiari malformation medical malpractice case.

Queens, New York / May 8, 2019 / — On April 8, 2019 a jury in Queens County New York rendered a unanimous verdict for $5 million in favor of a plaintiff against two radiologists whom plaintiff alleged had failed to report an abnormality on two successive MRI scans of the brain, the first in September 2013 and the second a year later in September 2014. Plaintiff alleged and the jury found that both radiologists had failed to report that her cerebellar tonsils were “low lying”, meaning that the base of the brain was protruding excessively into the foramen magnum, which is the opening at the base of the skull through which the brain communicates with the spinal cord. When this occurs, it can cause a variety of symptoms including severe headaches, dizziness and muscle weakness and is referred to as symptomatic Chiari syndrome (Chiari type 1 malformation). The patient was ultimately diagnosed with Chiari syndrome in 2015 and underwent multiple surgeries to correct the condition, with limited success. It was alleged, and the jury found that the delay in diagnosis caused by the malpractice of both radiologists was a substantial factor in causing harm to the patient and that she suffered pain, suffering and permanent injuries. Plaintiff had been a special education teacher at the time of the malpractice but had become disabled by the time she was ultimately diagnosed and treated for Chiari malformation. The jury awarded $2 million in past damages, and $3 million in future damages. The plaintiff was represented by attorney Jonathan C. Reiter, of the Jonathan C. Reiter Law Firm, PLLC, located in the Empire State Building, 350 Fifth Avenue, New York, NY 10118. The trial was presided over by Hon. Kevin J. Kerrigan, Justice of the Supreme Court

About NYC Medical Malpractice Attorney Jonathan C. Reiter

Located in Manhattan and serving families throughout New York, Attorney Jonathan C. Reiter and his team of talented attorneys, nurses and investigators have handled a wide range of major medical malpractice cases. New York Medical Malpractice Attorney Jonathan C. Reiter is renowned for his work on international airline accidents and has a proven track record of success with complicated medical malpractice cases.

About Jonathan C. Reiter Law Firm in New York

The New York City personal injury law firm Jonathan C. Reiter Law Firm, PLLC has assembled a formidable team of experienced attorneys and legal professionals. Together, they have become one of the most accomplished law firms in the metropolitan New York City area. The firm’s attorneys have recovered more than $250 million in settlements and verdicts for clients in the United States and worldwide. Their offices are conveniently located in Manhattan and a second office in the Bronx.

Jonathan C. Reiter Law Firm

Phone: 212-736-0979

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.

Source:

Queens County Supreme Court Index Number 0702512/2016

Jonathan C. Reiter NYC Injury Lawyer

New York City Personal Injury Lawyer / Aviation Accident Attorney