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 for Blood Transfusion Mistakes

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

According to the American Red Cross, someone in the United States needs a blood transfusion every two seconds. Whether it’s an emergency situation or a surgery, blood can mean the difference between life and death. Unfortunately, a blood transfusion mistake can cause serious health problems and even death.

Anyone who has been the victim of a blood transfusion mistake in New York should speak to a medical malpractice lawyer about their rights.

Transfusion Mistakes Caused by Wrong Blood Type

While eight blood types are considered the most common among the overall population, the American Red Cross points out that over 600 antigens exist that create rare blood types. As the American Red Cross states, “There are very specific ways in which blood types must be matched for a safe transfusion.”

There are specific rules for how blood and plasma are matched from donor to recipient. When medical personnel administer blood or plasma to a patient, they must first determine the patient’s blood type to ensure they don’t give the wrong type of blood or plasma. They must also follow safety protocols to ensure the blood or plasma they give is the right match for the patient.

Even with precautions in place, mistakes can still happen. For example, if blood or plasma is mislabeled at the time of donation or storage, a hospital might end up giving a patient the wrong type of blood or plasma. In an emergency, medical professionals typically need to move very quickly. However, patient safety should always be their first priority. Even in an emergency, they must take care to ensure patients receive the correct type of blood or plasma, as the health risks associated with these kinds of mistakes are severe.

Transfusion Mistakes Caused by Patient Mix-ups

In some cases, transfusion errors occur when hospitals mix up patients and end up giving blood to a patient that is meant for someone else. If the blood isn’t the correct type, the transfusion can lead to catastrophic complications that can cost a patient’s life.

This risk is why it’s important for hospital workers to correctly identify a patient each time they have an interaction with the patient. Medical personnel can’t afford to assume that the patient they’re dealing with is the correct individual. These assumptions can lead to serious health complications for patients.

It’s also possible for a patient to suffer complications when blood or plasma products are expired. Medical personnel should work diligently to ensure the blood products they administer are safe to use.

Transfusion Mistakes Caused by Delays

When a patient needs blood, they can experience a series of health complications that can escalate quickly. Hospitals or doctors that delay getting blood to a patient may be held liable for medical malpractice.

Transfusion Mistakes Caused by Infected Blood

Blood and plasma can save lives, but they can also lead to complications if the blood contains any type of infection. This is why it’s important for blood donation centers to carefully screen donors. Some of the most serious blood borne infections include Hepatitis B, Hepatitis C and HIV.

If a patient believes they suffered an infection due to infected blood or plasma, they should act quickly to protect their rights. Patients who believe they received infected blood should work with an experienced medical malpractice lawyer to show that the health professional or hospital knew or should have known the blood was infected before the transfusion. Any delay in consulting with an attorney could make it more difficult to make sure that important evidence is preserved.

Transfusion Mistakes Caused by Improper Administration

Blood transfusion mistakes can also happen when a health professional gives too much blood or too little. These medical mistakes can also occur when a health care professional uses the wrong type of needle or administers the blood in the wrong location of the body.

Transfusion complications can also happen when a medical professional fails to use sterile needles and other equipment, or when the health care worker neglects to practice proper health hygiene including hand washing. These situations can lead to infection in the patient, which can cause long-term problems.

Blood Transfusion Mistakes

When an individual receives the wrong type of blood or plasma, they can suffer serious and deadly consequences. A person’s body knows when the blood is incompatible and will treat it as a foreign entity like a virus. This causes the immune system to attack the body, which can lead to long-term health problems and even death. When the body attacks the foreign blood, it’s known as Acute Hemolytic Transfusion Reaction (AHTR), which can be deadly. Patients can go into shock, experience circulatory distress, and suffer kidney failure. While some cases of AHTR occur almost as soon as the blood is administered, other cases fail to present until days or weeks later, which can put a patient in serious danger.

If you or a loved one has been the victim of a blood transfusion mistake, you will need to speak with an experienced medical malpractice lawyer. Talk to New York City medical malpractice attorney Jonathan C. Reiter today at 212-736-0979 or schedule a consultation.

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NYC Medical Malpractice Attorney Jonathan C. Reiter

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