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.

Medical Malpractice and the Dangers of Blood Thinning Drugs

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

Also known as anticoagulants, blood thinners are frequently prescribed drugs that work by slowing down the clotting mechanism in human blood. This act can eliminate the risk of a patient developing a potentially deadly blood clot, which can cause a stroke or heart attack.

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8 Medical Mistakes You May Not Know About

Doctors prescribe blood thinners for a variety of reasons. In some cases, they prescribe blood thinners to patients who have already suffered a stroke or heart attack. In other cases, doctors prescribe blood thinners to people during surgery. Some patients also receive blood thinners because they have a high risk of developing deep vein thrombosis (DVT), which are blood clots deep in the body — usually located in the legs. Doctors may also use heparin to clear a patient’s IV before administering different medications.

Some of the common brands of anticoagulants include heparin, warfarin (Coumadin), rivaroxaban (Xarelto), and enoxaparin (Lovenox). Additionally, similar drugs known as antiplatelets include clopidogrel (Plavix) and ticagrelor (Brilinta).

Anticoagulant Risk of Overdose

No matter what type of anticoagulant is used or why it’s prescribed, there is always a risk of overdose, especially among infants and the elderly. In many cases, overdoses are caused by physician error, either because a doctor failed to monitor a patient properly, or because a doctor or other health professional administered the wrong dose of anticoagulant.

In other cases, blood thinner overdoses result from neglect or a failure to double check medications before administering them. While hospitals have procedures in place to ensure that many different sets of eyes are on medication before it reaches a patient, it only takes one slip-up to cause serious and sometimes irreparable harm to a patient. In the most devastating cases, a patient dies due to a mistake by a physician or hospital.

Failure to Monitor

When a doctor prescribes a blood thinner for a patient, it is extremely important for the doctor to monitor the patient while he or she is taking the blood thinner. Patients who take anticoagulants are at a higher risk of bleeding, as the drug interferes with the blood’s ability to clot.

When doctors fail to regularly monitor patients, including asking what other drugs they are taking or what kind of diet they’re eating, they can miss important warning signs of a problem. Certain types of proteins in food can interfere with blood thinners and even increase their potency, making it critical for doctors to keep a close eye on patients who take these types of medications.

Doctors should also conduct regular blood tests to confirm that patients have the proper chemical and vitamin levels in their blood. In some cases, doctors must prescribe vitamin therapy to ensure that patients have the nutrients they need in their blood, as anticoagulants can lead to vitamin deficiencies and other health problems in some people.

Administering the Wrong Dose of Anticoagulant

In other cases, a doctor, nurse, or other health professional may administer the wrong dose of anticoagulant, or even gives the wrong type of drug to a patient. Overdoses are particularly dangerous in babies, as too much of the drug can overload their delicate systems.

A CNN report states that a hospital in Texas came under intense scrutiny after 17 babies at the same hospital were given potentially fatal doses of the blood thinner heparin. Tragically, one of the babies died due to the overdose.

In another case, actor Dennis Quaid’s newborn twins received 1,000 times the amount of Hep-Lock, a type of heparin used to clear IV lines. While the babies survived, Quaid testified before Congress that doctors couldn’t be certain if they will suffer any long-term effects caused by the overdose. In the same incident, a third infant was given the same amount of heparin. That child also survived, but the medical mistake shone an important spotlight on the very real dangers of anticoagulants.

When the hospital investigated the overdoses, it found that a series of mistakes led to what could have been a catastrophic case. First, a pharmacy technician removed the heparin from the shelves without first having a different tech verify that it was the correct concentration. Next, a technician in the hospital’s pediatric department also failed to double check the medication. In yet another mistake, the nurse who administered the heparin failed to check the dosage before injecting it.

Tragically, three babies in Indiana died after receiving heparin overdoses similar to those given to the Quaid twins.

The Los Angeles Times reports that heparin is one of the most misused drugs in the country, with over 16,000 medical mistakes involving heparin occurring between 2001 and 2006. If you have been injured by an overdose of blood thinner drugs, you have important legal rights. Speak to a medical malpractice lawyer about your case.

Media Contact:

NYC Medical Malpractice Lawyer Jonathan C. Reiter. T: 212-736-0979

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