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.

Chiropractic Treatment Can Lead to Injury and Death

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

It’s not uncommon to hear people swear by their chiropractor. Back pain is an unfortunately widespread problem, with a study in 2010 ranking it as the third most burdensome health problem in the United States.

People with chronic back or neck pain may have to take time off work, alter their lifestyle, or avoid doing hobbies they enjoy. With so many people suffering with back pain, it’s probably no surprise that so many people visit chiropractors for adjustments. While some people say chiropractic treatments help ease their chronic pain, others say they receive no benefit from the treatment.

Additionally, some experts question whether chiropractic care is truly safe. In recent years, there have been some alarming cases in which people have suffered serious injuries and even death after chiropractic treatment. These tragic incidents have led some to warn people of the risk of medical malpractice related to chiropractic adjustments. If you’re considering chiropractic treatment, it’s important to understand the potential risks.

What Is Chiropractic Medicine?

Chiropractors are not medical doctors. Although they’re required to earn a four-year degree before attending a chiropractic college, they aren’t trained as medical doctors. Instead, they attend a chiropractic professional school, which is typically four years.

Every state in the country requires chiropractic colleges to be accredited by the Council on Chiropractic Education. After finishing chiropractic school, they must pass a licensing exam before they’re permitted to treat patients.

Additionally, some chiropractors may choose to specialize in certain areas, such as sports medicine. If they choose to pursue a specialty, they may have to complete a residency that lasts one or two years.

As WebMD states, “Chiropractors use hands-on spinal manipulation and other alternative treatments, the theory being that proper alignment of the body’s musculoskeletal structure, particularly the spine, will enable the body to heal itself without surgery or medication. Manipulation is used to restore mobility to joints restricted by tissue injury caused by a traumatic event, such as falling, or repetitive stress, such as sitting without proper back support.”

Most people are familiar with the adjustments chiropractors perform. They may place patients in certain positions, and then use a quick jerking motion to adjust the patient’s body or limbs to achieve a “proper alignment” of the bones and joints. According to the American Chiropractic Association, about 20 million people see a chiropractor each year. Treatments can vary, and chiropractic practitioners offer over 100 different types of chiropractic methods.

Bad Outcomes with Chiropractic Treatment

Sadly, there have been cases in which patients have sustained serious injury after seeing a chiropractor. In one case, a 41-year-old woman suffered a series of strokes after a chiropractor adjusted her neck. Emergency medical workers had to rush her to the hospital, where doctors placed a shunt in her head to relieve swelling in her brain. The strokes left her with paralysis on one side of her throat, as well as blindness in her left eye.

In a 2010 study, researchers found 26 cases of deaths caused by chiropractic manipulation. In those cases, patients died due to a tear in a vertebral artery. In a 2007 survey published in medical journals between 2001 and 2006, results showed that “spinal manipulation, particularly when performed on the upper spine, is frequently associated with mild to moderate adverse effects. It can also result in serious complications such as vertebral artery dissection followed by stroke.”

In another case, a fashion model died after suffering a stroke following a visit to a chiropractor. Experts say the chiropractor who treated her could have been overly aggressive, which led to torn arteries. Another expert, a medical doctor, said he doesn’t recommend chiropractic treatment for people who have spinal issues, such as spinal cord or nerve compression. Instead, medical experts recommend physical therapy for people experiencing back pain.

Experts say that serious injuries and death from chiropractic treatment are rare. However, it’s important for patients to understand what kind of care they’re receiving, especially if they suffer from a health concern that might make chiropractic adjustments dangerous. It’s important to fully understand the limits of chiropractic treatment, as well as the possible risks associated with aggressive or jerking movements of the neck and spine.

Compensation for Chiropractic Medical Malpractice

Before undergoing any type of medical treatment, it’s important to speak to a medical doctor. If you have been injured by a chiropractor, you may be entitled to compensation. A New York City medical malpractice lawyer can help explain your options when it comes to filing a claim. There is a narrow window of time for pursuing a medical malpractice claim, so it’s important to avoid delays in speaking with a lawyer. Call Jonathan C. Reiter Law Firm today at (212)-736-0979, or visit our offices located in Manhattan or the Bronx.

NYC Medical Malpractice Attorney Jonathan C. Reiter

(T): 212-736-0979

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