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.

New Technology to Reduce Deadly Medication Mistakes

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

Reports state that medical errors are the third leading cause of death in the United States. What many people may not realize is that medication mistakes make up a significant portion of these fatalities.

Drug mistakes can happen in a variety of ways. In some cases, a patient is given a medication with a name that sounds very similar to the medication he or she is supposed to receive. In other cases, a nurse or doctor writes down the wrong medication, or the pharmacist misreads the name of the medication on the prescription. There have also been cases in which a pharmacist or health professional gave a patient the wrong dose of a drug, resulting in serious harm to the patient. If you or a loved one have been the victim of a medication mistake, you should discuss your case with one of the top medical malpractice lawyers in NYC like attorney Jonathan C. Reiter.

Facts About Medication Mistakes

Statistics indicate that medication errors are a serious problem.

44 percent of hospitals with between 50 and 500 beds are forced to readmit a patient at least once a month due to a medication error.
The Food and Drug Administration (FDA) receives 100,000 reports every year about medication mistakes.
Adverse drug events cause 3.5 million doctor’s visits and 1 million trips to the emergency room every year.
Medication mistakes affect 7 million people each year.
Medication errors result in approximately $21 billion in damage to patients every year.

Medication mistakes impact millions of people every year, and they cause a multitude of adverse health consequences for patients across the country.

While there are ways for patients to be their own advocates when it comes to avoiding drug interactions, patients aren’t always able to ensure they are receiving the correct medication in the correct dosage.

For example, a patient undergoing surgery would not be able to check that the medication they’re receiving is safe for them to take, or that the doctor administering the drug is giving the correct dose or type of medication.

As medicine becomes more technologically advanced, experts are constantly looking for new ways to improve patient safety.

Checklists

In one study, health care professionals in South Carolina found that using a specific type of checklist during surgery reduced patient mortality rates. Most hospitals already use checklists, but the development of more detailed and nuanced checklists may lead to better outcomes and fewer errors.

Tracking Mistakes as They Happen

Researchers have also developed technology systems that track medication administration in real time. The idea is that the system can detect possible drug interactions and errors before the patient receives the medication. When the system identifies a potential problem, it will alert health care personnel and hopefully prevent a medication error before it happens.

Predictive Technology

Studies have also led to the development of technology that assesses patients and uses algorithms to identify patients who pose a higher risk of experiencing a medication mistake compared to others.

Tips for Avoiding Medication Mistakes

According to the FDA, there are things patients themselves can do to avoid experiencing a medication mistake.

Know Your Medications – Patients should know what kind of medications they’re taking and what conditions the medicine is supposed to treat. Patients should also ask their health care providers how they should take the drug and how they should store it.
Always Check Labels – Even if a patient has been taking a certain kind of drug for years, they should always check the label when they pick it up from the pharmacy. Make sure it’s the right name and dose on the label. Patients should also inspect the medication itself to make sure the contents inside the bottle or packet are correct.
Store Drugs in the Original Packaging – The FDA advises patients to keep their drugs in the original bottle or container. If you store your medication with other drugs, you could lose track of what you’re taking. Medications also expire, and it’s more difficult to monitor expiration dates if you lose the original bottle.
Make a List – Patients should also make a list of every medication they take, including over the counter drugs. If they see a new provider, this can help the doctor avoid prescribing anything new that may conflict with current medications and lead to an adverse drug reaction.

Having a list can also come in handy when a patient feels rushed in a doctor’s office or hospital. By having everything written down, they’re less likely to forget a medication.
Ask Questions – Patients should never hesitate to ask their health care provider questions about medications. Ask why the provider is prescribing a certain drug, what the drug is supposed to treat, and what the patient can expect to experience when they take it. Some people find it helpful to write their questions down before they visit their doctor’s office.

Drug mistakes in New York can have serious health consequences. An individual who has experienced a drug mistake should speak to a New York City medical malpractice lawyer about their case. With years of experience as a medical malpractice lawyer in NYC, Attorney Jonathan C. Reiter has established his New York medical malpractice law office as one of the top law firms in New York.

Media Contact:

New York Medical Malpractice Attorney Jonathan C. Reiter

(T): 212-736-0979

https://www.jcreiterlaw.com/

Sources:

***ATTORNEY ADVERTISING***

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