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.

Misdiagnosis of Lymphoma

Being diagnosed with cancer is a scary experience. Lymphoma is a type of cancer that occurs in the blood and has an impact on a person’s lymphatic system. The lymphatic system plays an important role in regulating the body’s immune system, which is why lymphoma can be difficult to treat, particularly after it has spread and worsened in cases of lack of timely treatment.

According to the American Cancer Society, about 731,000 people in the United States either have lymphoma or are in remission. While some kinds of lymphoma have high rates of success in treatment, other forms of the disease are more deadly.

Unfortunately, some patients are unaware of the fact that they have lymphoma because their doctor failed to diagnose it. This is especially devastating due to the high success and survival rates in treating some forms of lymphoma.

If your doctor failed to diagnose your lymphoma, or you experienced a delay in treatment due to a missed diagnosis, you may be able to collect compensation for your damages. In either of these cases, you should speak with an experienced New York City medical malpractice attorney as soon as possible.

Two Types of Lymphoma

The American Cancer Society explains that there are two primary forms of lymphoma.

Hodgkin lymphoma – Hodgkin lymphoma, which can also be referred to as Hodgkin’s disease, is frequently easier for doctors to detect, as it generally presents with characteristics that allow doctors to rule out other health conditions. Specifically, patients with Hodgkin lymphoma will present with cells known as Reed-Sternberg cells. These cells are quite large, and they appear in tissues that have Hodgkin’s disease. Unlike non-Hodgkin lymphoma, Hodgkin lymphoma has a high cure rate.

Non-Hodgkin lymphoma –The non-Hodgkin form of lymphoma is far deadlier than Hodgkin lymphoma. When a patient develops non-Hodgkin lymphoma, their white blood cells start to mutate. From there, the mutated cells continue to divide and multiply and eventually spread throughout the body. When the white blood cells move to the various parts of the body, they enter the lymphatic system and can cause widespread damage.

What Are the Symptoms of Lymphoma?

Patients with lymphoma can experience a variety of symptoms. Unfortunately, as with many forms of cancer, the symptoms of lymphoma can mimic those that frequently appear in other diseases.

Symptoms of lymphoma can include night sweats, fever, difficulty breathing, unexplained weight loss, tiredness, swelling in the lymph nodes, chest pain, a persistent cough, and pain or swelling in the abdominal area.

Diagnosis of Lymphoma

Doctors can use a variety of tests to diagnose lymphoma. When they suspect a patient may have lymphoma, they can order a biopsy. For example, if a patient has a swollen lymph node, a doctor may request a needle biopsy of the lymph nodes to determine if cancer cells are present.

A biopsy is particularly necessary for the diagnosis of non-Hodgkin lymphoma, as it is the only definitive method for obtaining a non-Hodgkin lymphoma diagnosis. If a biopsy confirms that a patient has non-Hodgkin lymphoma, doctors commonly follow up with a biopsy of the patient’s bone marrow so they can determine whether the lymphoma has spread that far.

There are more options for the diagnosis of Hodgkin lymphoma. For example, doctors may be able to detect the Hodgkin’s disease by conducting blood tests, CT scans, MRIs, and x-rays. These tests can allow doctors to scan for the presence of Reed-Sternberg cells in a patient’s blood, bone marrow, or other parts of the body.

Treatments for Lymphoma

Depending on which form of lymphoma a patient has, doctors may prescribe various types of treatment. In some cases, doctors may even determine that a patient doesn’t require treatment. Instead, doctors will simply monitor the lymphoma to make sure it doesn’t cause symptoms or spread to other parts of the body.

In other cases, doctors will prescribe more aggressive treatments, such as radiation, chemotherapy, and perhaps even a stem cell transplant. Doctors may also place patients on certain medications designed to boost their immune system and help them fight the disease.

A prompt diagnosis is important to improve a patient’s chances of beating lymphoma and making a full recovery. Because lymphoma can range from very curable to extremely deadly, it’s critical for doctors to give an accurate diagnosis.

Doctors should never dismiss a patient as being “too young” or not within the correct demographic to have lymphoma. These types of mistakes can prevent a patient from getting the life-saving treatment they need to make a full recovery.

Talk to an NYC Medical Malpractice Lawyer About Your Case

If you have been the victim of a missed diagnosis for lymphoma, you may be able to obtain money damages for your pain and suffering, medical bills, lost wages, and other expenses. It’s important to discuss your case with a New York City medical malpractice lawyer.

Sources:

http://www.mayoclinic.com/health/hodgkins-disease/DS00186/DSECTION=tests-and-diagnosis

Jonathan C Reiter Law Firm