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.

How Many Doctors Hide Their Medical Mistakes?

Medical Malpractice Attorney Jonathan C. Reiter, New York says per John Hopkins Study, “Medical mistakes are now the third-leading cause of death in the United States.”

No one is perfect, and being human means making a mistake from time to time. Furthermore, few people enjoy admitting when they’re wrong. This is particularly true in the workplace, where a big mistake can mean a loss of trust, reputation, and even your job. For this reason, many workers are reluctant to admit when they have cost their company a big client, or when an error they made resulted in a huge loss.

But what about doctors? When medical professionals make mistakes, people can end up seriously hurt or even deceased. In the most catastrophic cases, a patient dies because a doctor engaged in medical malpractice. When a person’s life is on the line, how important is it for doctors to admit when they deviated from the standard of care?

Alarming surveys show that many doctors not only fail to admit their mistakes — many of them take steps to hide their errors from their patients and employers.

One-Fifth of Doctors Say They Don’t Admit Medical Mistakes

A survey conducted by the Mongan Institute for Health and published in the journal Health Affairs revealed that one-fifth of doctors “hadn’t fully disclosed their mistakes over the past year in order to avoid a lawsuit.” To conduct the survey, researchers spoke to almost 1,900 doctors to determine how often doctors fail to inform patients about medical errors.

Additionally, the same survey revealed that 40 percent of doctors “didn’t think it was necessary to tell patients if they had accepted speaking fees or a free vacation from the manufacturer of the drug they were prescribing or whether they owned the scanner for the imaging test they were ordering.” This is important, as doctors are frequently courted by drug companies and medical technology manufacturers who provide doctors incentives to suggest certain drugs or tests to their patients. These incentives for doctors can include free trips, consulting fees, stock options, and expensive dinners.

In another survey conducted by WebMD’s site Medscape, 7 percent of doctors said it was “acceptable to hide a clinical mistake that harms a patient.” Another 14 percent said “it depends.”

According to the Code of Medical Ethics set forth by the American Medical Association (AMA), doctors don’t have a choice when it comes to admitting their mistakes. The ethical code makes it clear that doctors have a professional obligation to disclose medical errors.

Additionally, doctors are often reluctant to expose the mistakes of their fellow doctors. Many doctors say they would be unlikely to blow the whistle on a colleague if they learned their fellow doctor committed medical malpractice. When doctors fail to speak up when they know of another doctor’s wrongdoing, it can expose future patients to serious and even fatal harm.

What Are Your Options When a Doctor Engages in Medical Malpractice?

Medical mistakes are now the third-leading cause of death in the United States. When doctors don’t tell patients when mistakes occur, patients can suffer additional and even irreparable harm. For example, a patient whose surgery was botched could go on to develop future problems that lead to long-term or even permanent disability. In other cases, a patient whose doctor missed or misdiagnosed an illness could develop a more serious condition down the road.

If you have been the victim of a medical mistake it’s important to act quickly to protect your legal rights. Medical malpractice cases are generally quite complex, as they involve the need to obtain an expert opinion on whether your doctor deviated from the standard of care. As a result of medical malpractice cases involving medical matters, it’s often necessary to consult with experts who can educate juries and judges on the nature of the injury and the doctor’s choice of care and treatments.

Because doctors sometimes fail to tell a patient when they’ve made a mistake, patients don’t always know that they have been injured. There have been cases in which a patient went for years without knowing their pain or health condition was caused by a medical error. This is why it’s important for patients to speak up and ask for help when they suspect they have been harmed by a doctor’s negligence. The sooner you get help, the better your chances are of bringing a medical malpractice case within the time limits for filing a claim.

It’s also important to work with a medical malpractice lawyer near you who has experience handling these types of complex cases. Your health and future are too important to leave to chance or unskilled hands. A knowledgeable medical malpractice lawyer will help you protect your rights and inform you about your options. If you’ve been injured by a doctor, you have the right to receive full and fair compensation for your injuries and other damages. An experienced medical malpractice lawyer can help.

Media Contact

New York Medical Malpractice Law Office of Jonathan C. Reiter

350 5th Ave #6400

New York, NY 10118

Local: 212-736-0979

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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.

Jonathan C. Reiter NYC Injury Lawyer

New York City Personal Injury Lawyer / Aviation Accident Attorney