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.

What New Yorkers need to know about public transportation As New York City prepares to reopen

Eminent New York City Public Transportation Lawyer Educates NYC Public As NYC Is Set to Reopen – 3 Types of Public Transportation Accidents You Need to Know

Attorney Jonathan C. Reiter NYC Public Transportation Accident Lawyer As NYC Reopens

New York, NY , July 11, 2020 (GLOBE NEWSWIRE) — With one of the largest and most complex NYC public transportation systems in the world, public transportation in and around New York City serves a population of 15.3 million people.

Unfortunately, public transportation accidents happen every day. Pedestrians and bicyclists can be struck by a bus. Bus passengers can be involved in accidents, and people who take trains, or the subway can be hurt in a crash. Passengers on the Staten Island Ferry may be injured in falls or collisions. Injuries span a wide range, from cuts and bruises to broken bones, traumatic brain injuries, amputations and death.

When an individual is injured on public transportation in New York City, they may be entitled to compensation for their pain and suffering, lost wages, medical bills, and other losses. The entities and authorities behind public transport have a duty of care toward people who use public transportation as well as pedestrians and bicyclists. If they breach this duty of care, they can be found liable for any negligence that caused the injuries or death.

Public Transportation Accidents in New York City

In a city as large and congested as New York City, the majority of people don’t use private vehicles to move about. Instead, it’s typically much faster, cheaper, and convenient to use public transportation.

As a result, the City has a vast network of public transportation that encompasses buses, trains, trams, subways and ferries.

The city’s bus and rail public transportation network is operated by the Metropolitan Transportation Authority (MTA) and New York City Transit. The Staten Island Ferry is also part of New York’s public transportation system, and ferries have been involved in several serious collisions with docks in the past that caused serious injuries and death to passengers.

New York City Subway Accidents

Subway accident injuries can occur in a number of ways. For example, passengers can get injured if a subway stops suddenly and without warning, or when a subway car derails. Injuries can also happen due to equipment malfunctions or poor maintenance.

It’s also possible for people to get hurt when they slip and fall on subway platforms or inside a subway car. People have also been injured due to malfunctioning subway doors, which close too quickly or trap a person’s body or part of their clothing or a bag in the door, leading to crushing or dragging injuries.

Contact Jonathan C. Reiter NYC Subway Accident Lawyer at 212-736-0979.

NYC Bus Accidents

People have been injured while riding buses operated by New York City Transit. These accidents can occur when a bus strikes another vehicle or a pedestrian or bicyclist. Buses can also malfunction due to poor maintenance or defective equipment.

Bus passengers may be injured due to a driver’s negligence or impairment. Passengers may also be entitled to compensation if they’re injured due to a driver failing to make a complete stop as a passenger disembarks or pulling away while a passengers tries to leave or board the bus. We have published more New York City bus accidents resources here.

Contact Jonathan C. Reiter New York City Bus Accident Lawyer at 212-736-0979.

New York Train Accidents

Like the subway, trains and trams can derail or collide with other train cars or stationary objects. Trains and trams can also malfunction due to improper maintenance or an inexperienced or negligent operator. People can also get injured due to slips and falls and other accidents inside a train or tramcar.

Contact Jonathan C. Reiter Train Accident Lawyer at 212-736-0979.

What to Do If You’re Hurt on NYC Public Transportation

If you use public transportation and you suffer an injury due to an accident, there are steps you should take to protect yourself in case you need to file a claim.

Document the scene with photos – Photographs can be compelling evidence in a personal injury case. If your phone has a camera feature, you or someone traveling with you can use it to take photos and videos of the scene.

Get the names of witnesses – If a passerby or someone else saw the accident occur, try to obtain that person’s contact information so that a statement can be taken from them. In some cases, people are even willing to let you record a video statement. It’s important to get an eyewitness’ statement as soon as possible after the accident occurs because memories fade over time.
Get medical help – You should never ignore or minimize the possibility of an injury after a public transportation accident or any personal injury. Adrenaline tends to run high after an accident, and it can sometimes mask the symptoms of an injury. It’s common for injury victims to start feeling pain hours or days after an accident. This is why it’s always a good idea to go to a hospital emergency department or see a private doctor after an accident.
Wait for police or ambulance personnel to respond to the accident-If you have suffered an injury due to negligence involving public transportation, it is important that there is an official record of your accident and that your account of what happened is accurately recorded in a police report. If an ambulance has responded to the scene, the ambulance report may also become important evidence if there is a lawsuit filed to recover damages.

Discuss Your Case with an NYC Public Transportation Accident Lawyer

If you have been injured while using public transportation in New York City, it’s important to discuss your case with a New York City public transportation accident lawyer. There are strict time limits for filing a claim, so don’t delay consulting with an experienced NYC public transportation personal injury lawyer.

NYC Public Transportation Accident Lawyer

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