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 York City Slip, Trip and Fall Injury Lawyer Jonathan C. Reiter Explains Causes of Accidents in New York

who-is-responsible-for-keeping-sidewalks-clear

Slip, trip and fall accidents in New York City often result in serious injuries. Many business owners fail to properly maintain their property or fail to warn people about unmarked hazards.

Manhattan, NY, Jan. 27, 2021 (GLOBE NEWSWIRE) — Slips and falls are a leading cause of serious injury in the United States. In fact, 1 out of 3 Americans over the age of 65 slip and fall every year.

Sidewalks can be hazardous in the winter months. When the snow starts flying, icy conditions can lead to slips and falls. This is especially dangerous for people who might be carrying bags, umbrellas, or other items. New York City is home to over 12,000 miles of sidewalks, and ice and snow can make them dangerous.

If you have been injured in a slip and fall on icy sidewalks in New York City, it’s important to discuss your case with a NYC slip and fall injury lawyer as soon as possible. There are time limits for filing a claim, and your case could get time-barred if you fail to file a claim before the statute of limitations runs.

For information on slip and fall injuries visit the website:

Slip, Trip and Fall Accident Victims in New York Rely on Attorney Reiter

Who Is Responsible for Keeping Sidewalks Clear?

WINTER SLIP AND FALL ACCIDENTS IN NEW YORK CITY

While ice and snow are inevitable during the wintertime, hazardous sidewalks don’t have to be. In fact, New York City has strict rules that require property owners to maintain their sidewalks when ice and snow build up. The purpose of these rules is to make sidewalks as safe as possible and to reduce personal injuries.

According to the New York City Administrative Code, businesses and other property owners whose property abuts a sidewalk must clear their sidewalks in according with the following rules:

Within four hours if the snow stops falling between 7:00 a.m. and 4:49 p.m.
Within 14 hours if the snow stops falling between 5:00 p.m. and 8:59 p.m.
By 11:00 a.m. the next day if the snow stops falling between 9 p.m. and 7 a.m.

For example, if the snow stopped at 7:00 p.m., the property owner would have until 9:00 a.m. (14 hours later) to clear the snow and make sure the sidewalk was maintained.

What Are Your Options If You Slip and Fall on a Snowy Sidewalk?

If you are injured in a slip and fall accident on a snowy or icy sidewalk in New York City, you may be entitled to compensation for your injuries, economic losses, and other damages.

Furthermore, you may be able to file a personal injury claim against the property owner under a theory of premises liability. This requires property owners to take reasonable steps to keep their property free of hazards.

This means that a store owner or other business owner that fails to clear the ice and snow from their sidewalks could be held liable for any damages you incur as a result of a slip and fall on their property.

How to Reduce Your Chances of Getting Hurt in a Slip and Fall Accident

Slips and falls are a leading cause of serious injury in the United States. In fact, 1 out of 3 Americans over the age of 65 slip and fall every year. Falls also account for more than 8 million visits to the emergency room annually, with fractures being the most serious form of injury after a fall.

There are things you can do to help prevent a slip and fall during the winter. Some of these tips are applicable throughout the year, but others are especially important to keep in mind when the weather makes sidewalks and other surfaces icy and slippery.

Wear proper footwear – Choose shoes made for icy and snowy weather, and avoid footwear with smooth soles that can make it harder to gain traction on the ice. Instead, opt for something with a textured sole. A sturdy pair of winter boots are a lot better on snowy sidewalks than high heels or dress shoes.
Be aware of your surroundings – Stay alert as you walk. Always look a few steps ahead, keeping an eye out or snow or patches of ice. Avoid talking on your phone or reading or sending texts when you walk. Distracted walking can increase the risk of being involved in a serious slip and fall accident.
Take your time – Give yourself plenty of time to reach your destination. If needed, leave early so you have some extra time in case your route is icy or slippery. That way, you don’t feel like you have to hurry, which can increase the risk of a slip and fall.
Avoid going out in a snowstorm – Keep in mind that City administrative rules give business owners time to clear ice and snow from their property. If the weather has reached blizzard conditions, property owners are unlikely to have the ability to keep up with snow removal. It’s safer to wait until the snow stops and sidewalks have been cleared before going out.

Discuss Your Case with a NYC Slip and Fall Lawyer

If you have been injured due others negligence in New York City, you may be entitled to receive compensation. Protect your rights by discussing your case with a knowledgeable New York City slip and fall lawyer.

When these accidents happen in New York City, injury victims rely on NYC slip and fall accident lawyer Jonathan C. Reiter to make things right.

Jonathan C. Reiter New York City Slip and Fall Injury Lawyer

Located in Manhattan and serving clients throughout the city and the rest of New York, slip and fall accident attorney Jonathan C. Reiter has a strong track record of success with complicated personal injury accidents. Our law firm represents clients in all five boroughs of New York. Manhattan, Staten Island, Queens, Brooklyn, and the Bronx, as well as Suffolk County & Nassau County on Long Island, Westchester County, Rockland County, and throughout the State of New York.

Sources:

Media Contact and Legal Intake: 212-736-0979

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.

All content present on this PR is owned by Jonathan C. Reiter Law Firm, PLLC and is not to be used or curated for any other purposes or by any other parties without permission.

This news has been published for the above source. Jonathan C. Reiter New York City Slip and Fall Injury Lawyer [ID=16637]

Disclaimer: The information does not constitute advice or an offer to buy. Any purchase made from this story is made at your own risk. Consult an expert advisor/health professional before any such purchase. Any purchase made from this link is subject to the final terms and conditions of the website’s selling. The content publisher and its distribution partners do not take any responsibility directly or indirectly. If you have any complaints or copyright issues related to this article, kindly contact the company this news is about.

Jonathan C. Reiter NYC Injury Lawyer

New York City Personal Injury Lawyer / Aviation Accident Attorney