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.

NY Medical Malpractice Lawyer Explains Dangers of Misdiagnosing a Stroke

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

If you have ever gone to the emergency room, you might have experienced a long wait. When you’re in pain or dealing with a life-threatening emergency, the last thing you need is to be told to sit down and wait for help. In other cases, patients are lined up in a hallway, where they must wait for hours to see a doctor.

Unfortunately, overcrowded and understaffed emergency rooms are a growing problem in American hospitals. While overcrowding in the ER can lead to any number of bad outcomes, when a medical professional misses the signs of someone having a stroke it can be deadly. If you have been misdiagnosed by a medical professional in New York, it’s crucial that you speak with experienced New York medical malpractice attorney Jonathan C. Reiter who has experience handling medical misdiagnosis cases.

If you have been misdiagnosed by a medical professional in New York, it’s crucial that you speak with experienced New York medical malpractice attorney Jonathan C. Reiter who has experience handling medical misdiagnosis cases.

Table of Contents

Stroke Is a Leading Cause of Death in the United States

According to the Centers for Disease Control and Prevention (CDC), stroke is the fifth leading cause of death in the country. Every year, roughly 795,000 people experience a stroke.

The CDC also points out that strokes are treatable. When a person having a stroke gets the emergency medical help they need right away, their chances of survival are quite high. Tragically, busy doctors don’t always recognize the signs of a stroke. In some cases, they may even send stroke patients home after a misdiagnosis, where the patient continues to get worse or possibly die.

What Are the Signs of a Stroke?

It’s critical for medical professionals to spot the signs of a stroke. If they fail to recognize the symptoms and end up misdiagnosing a patient, they are putting that individual in serious danger of further injury and death.

Common signs and symptoms of a stroke include:

Numbness, tingling, and weakness in the limbs, and often on one side of the body
Numbness and tingling sensations in the face
Slurred speech and trouble talking
Mental status changes, confusion or “brain fog”
Problems with vision
The sudden onset of a severe headache
Lack of coordination and loss of balance

In the medical community, doctors and nurses rely on an acronym to help quickly assess whether a person is experiencing a stroke. They use the word FAST to perform a battery of tests that cover all the major warning signs of a stroke.

The F stands for “face,” which reminds a medical professional to check for the classic sign of a patient’s face drooping on one side or the other. While not every stroke patient will exhibit this sign, it’s important for doctors to check for this.

The A stands for “arms.” In many cases, a stroke patient will have trouble lifting both arms in an “airplane” formation. Doctors may ask the person to raise their arms as if they were making airplane wings. If the person can lift one arm but is unable to lift the opposite arm, it could be evidence of a stroke in progress.

The S is for “speech.” As you might expect from the name, this involves having the patient repeat basic phrases or words, such as their name and address. In other cases, the doctor asks the patient to parrot back a simple sentence. The doctor will look for signs of slurred speech or the inability to repeat the words.

Finally, the T stands for “time.” It reminds health care professionals to act quickly if they suspect someone is suffering from a stroke, as certain types of strokes called ischemic strokes, involve blood clots that obstruct arteries in the brain, depriving the brain of oxygen. If time is wasted, the blood clot can cause permanent brain damage or death. Other types of strokes involve hemorrhage and these may also cause serious permanent injury and death.

Treatments for Stroke

As the CDC states, “The key to stroke treatment and recovery is getting to the hospital quickly.” Depending on what kind of stroke the person is experiencing, doctors may opt to administer a type of medication that breaks up blood clots that are blocking blood flow to the affected area of the brain. The most common medication used is tissue plasminogen activator (“tPA”) which is known as a “clot buster”. This type of medication can be administered intravenously with the first three hours after a stroke. Another type of treatment involves inserting a tube into an artery in the arm or leg and injecting the clot buster directly into the blocked area. These treatments must be done as quickly as possible for the patient to have the highest chance of survival with the smallest amount of damage. The need for urgency is why it’s critical for ER doctors and other health professionals to take patients seriously when they present symptoms of a stroke upon arriving in emergency rooms.

Overcrowded Emergency Rooms and Stroke Misdiagnosis

According to a Reuters report, “Patients are more likely to be misdiagnosed or experience treatment delays when emergency rooms are so crowded that they receive care in a hallway…” In a survey of 440 emergency room doctors, more than 75 percent said they performed an “abbreviated medical history” on a patient when they were forced to treat a patient in the hallway.

These types of shortcuts can cause doctors to miss the important warning signs of a stroke. According to one doctor cited in the Reuters report, “Past work has found that patients treated in overcrowded emergency departments often have delays in medical care and increased risk of medical errors.”

When time is of the essence for stroke patients, any inexcusable delays can mean the difference between life and death.

If you have been misdiagnosed in a New York hospital call Jonathan C. Reiter an experienced NY medical misdiagnosis lawyer.

Media Contact:

New York Medical Malpractice Law Office of Jonathan C. Reiter

(T): 212-736-0979

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

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