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.

Most Common Types of Med Mal Claims

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

Society’s attitude toward doctors and healthcare professionals has seen a significant shift over the years. While around 75 percent of people in 1960 perceived doctors as trustworthy, that number has declined to just 34 percent today.

Experts say one of the reasons behind the change is the growing number of medical malpractice cases. Today, medical mistakes are the third leading cause of death in the country. When a patient suffers an injury due to a doctor’s mistake, they may be able to file a claim for damages. If you’ve been harmed by a medical professional or doctor, it may be helpful to be familiar with the most common types of medical malpractice claims.

Keep in mind, however, that medical mistakes come in many forms. Your case is as unique as each individual, which is why it’s important to discuss the specific facts of your case with an experienced medical malpractice lawyer.

4 Common Types of Medical Malpractice Cases

There are numerous ways in which a doctor or healthcare professional may make a serious mistake. Unfortunately, some types of medical errors are more common than others. Here are four common types of medical malpractice claims in the United States.

Misdiagnosis

Diagnostic errors make up the largest group of medical malpractice claims. Between 2013 and 2017, misdiagnoses accounted for 33 percent of medical mistake cases in the United States.

When doctors fail to diagnose or delay making a proper diagnosis, patients may go without the treatment needed to get better. In other cases, a patient may be misdiagnosed with the wrong condition. In some situations, patients may know that something is wrong or they don’t feel quite right, but when they return to the doctor, they’re told there is nothing wrong or that their condition isn’t as serious as they think.

This delay may lead to permanent damage or a more serious progression of a condition or disease. In some cases, a missed diagnosis or incorrect diagnosis leads to death. In these situations, the patient’s family may be able to file a claim for wrongful death due to medical malpractice.

Medication Mistakes

Medication errors also make up a significant portion of medical malpractice claims. Doctors or pharmacists can cause patients to suffer harm when they dispense the wrong type of medication or the wrong dosage. Medication mistakes can also occur when a patient receives another person’s medication in error, such as a pharmacists mistake.

Medication mistakes can also happen during surgery, or when a patient has been admitted to the hospital. When patients are in the hospital, they might receive the wrong drug or the wrong dose of a drug, leading to a serious health complication. While hospitals have protocols and safety systems in place to prevent these types of errors, mistakes still happen. When these mistakes do happen, it often results in serious harm to the patient or in some cases death.

Surgical Mistakes

Surgeries are extremely common. In fact, patients in the United States underwent about 51 million surgical procedures in 2010. While most surgeries are carried out smoothly, patients may suffer serious or irreparable harm when a doctor makes an error during surgery.

Surgical mistakes can take various forms. For example, patients may experience pain, disability, or permanent damage when a doctor leaves an instrument or sponge behind during surgery. Patients can also suffer damage when a surgeon operates on the wrong body part, or when a doctor removes the wrong part of the body in a “wrong-site surgery.”

Patients can also suffer harm when an anesthesiologist administers the wrong drug or the wrong dose of a drug. These are serious cases often leaving a patient with a permanent disability that impacts their ability to work or take care of their family.

Injuries During Childbirth

Welcoming a new child is supposed to be a joyful time for parents. However, a childbirth injury can leave a family with lifelong medical bills and additional stress. Childbirth injuries may occur in a variety of ways, from fractures and nerve damage during birth to traumatic brain injuries caused by a delay in delivery.

When a child suffers a birth injury, the parents may be able to file a claim for damages against the doctor or medical professional who acted negligently. It’s important for parents to obtain enough damages to pay for their child’s medical bills, as sometimes these hospital stays can last longer than expected. An experienced medical malpractice lawyer will remind you that there’s only one opportunity to litigate your medical malpractice claim.

Getting Help For a Medical Malpractice Case in New York

There are many other types of medical malpractice, which is why it’s important to speak to a knowledgeable medical malpractice lawyer in New York if you suspect you have been injured due to a doctor’s or medical professional’s negligence.

There are time limits for filing a medical malpractice claim. This is why patients should not wait if they believe they’ve been injured by a health professional. If you fail to file your claim by the deadline, you might miss the opportunity to receive the compensation you deserve. Speak with the top New York City medical malpractice lawyer, by calling Attorney Jonathan C. Reiter at (212) 736-0979.

New York Medical Malpractice Law Firm of Jonathan C. Reiter, PLLC

350 5th Ave Suite 6400, New York, NY 10118

(T): 212-736-0979

www.jcreiterlaw.com

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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.

Sources:

Jonathan C. Reiter NYC Injury Lawyer

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