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.

Fatal Hospital Infections Serious Problem in New York, Nationwide

Hospitals should be places sick people go to get healthy. Unfortunately, many people sustain serious or life-threatening infections in hospitals often due to mistakes made by doctors, nurses and other medical professionals.

Consumer Reports recently analyzed hospitals nationwide and discovered a disturbing trend among many hospitals. Antibiotics normally used to treat infections are actually part of the problem and often make mild infections worse, according to the Consumer Reports article.

Specifically, due to widespread and often inappropriate use of antibiotics by many hospitals, certain types of harmful bacteria have become resistant to antibiotics. As a result, some bacteria turn into “superbugs” or CRE, antibiotic-resistant bacteria, according to USA Today.

How dangerous are hospital infections?

Hospital infections are a serious epidemic nationwide. According to the Centers for Disease Control and Prevention (CDC), more than 648,000 people develop infections while patients in hospitals.

Of the people who develop a hospital infection, 75,000 people die every year due to hospital infections, the CDC reports. To put that number in perspective, that’s more than twice the number of people who die every year in auto accidents nationwide.

As for New York State, hospital infections also remain a serious problem. In 2013, a total of 28,302 people developed an infection while a patient in a New York hospital, according to data compiled by the New York State Department of Health.

What are common hospital infections?

Two of the most common hospital infections include MRSA and C. diff infections. “Hospitals can be hot spots for infections and can sometimes amplify spread,” said Tom Frieden, M.D., director of the CDC, according to the Consumer Reports article. “Patients with serious infections are near sick and vulnerable patients-all cared for by the same health care workers sometimes using shared equipment.”

MRSA stands for Methicillin-resistant Staphylococcus aureus. MRSA infections often develop due to bacteria resistant to antibiotics used to treat ordinary staph infections, according to the Mayo Clinic. MRSA infects more than 60,000 people each year and kills more 8,000 annually, according to Consumer Reports.

C. diff refers to Clostridium difficile or C. difficile, a form of bacteria that often causes severe diarrhea or life-threatening inflammation of the colon often due to improper use of antibiotics, according to the Mayo Clinic. C. diff infections affect more than 290,000 people each year and result in more than 27,000 fatalities, according to Consumer Reports.

What can I do to prevent getting a hospital infection?

Don’t simply take a doctor’s or nurse’s word when they prescribe an antibiotic. Be your own best advocate. Ask them questions. Find out more information about such drugs and your medical condition before agreeing to take such drugs.

In addition, find out exactly why you’re being prescribed this drug and exactly what drug it is, how long you should take this antibiotic and if there any severe, long-term side effects often associated with taking such powerful antibiotics.

“Hospitals need to stop infecting their patients,” said Dr. Doris Peter, director of the Consumer Reports Health Ratings Center, according to the Consumer Reports article. “Until they do, patients need to be on high alert whenever they enter a hospital, even as visitors.”

Jonathan C. Reiter NYC Injury Lawyer

New York City Personal Injury Lawyer / Aviation Accident Attorney