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.

Plastic Surgery Medical Mistakes New York City Medical Errors Lawyer Explains

Because most plastic surgery procedures are voluntary rather than medically necessary, people don’t often feel the same stress level or anxiety about “going under the knife.” For many patients, cosmetic procedures are about improving their self-esteem and feeling more confident. Everyone has the right to be their best self, and cosmetic surgery is a perfectly viable way to enhance a person’s natural appearance.

In fact, Americans are undergoing more cosmetic procedures than ever before. According to the American Society of Plastic Surgeons, doctors performed 17.5 million cosmetic procedures in 2017 — an increase of two percent from the previous year. Each year, Americans spend over $7 billion on cosmetic surgery.

However, plastic surgery is still surgery. Like any surgical procedure, it is certainly not without risk. From anesthesia errors to uncontrolled bleeding and infection, there are many ways in which a cosmetic surgery can go terribly wrong. In some cases, a doctor’s mistake causes a patient to suffer serious harm. In the most catastrophic cases, a patient dies due to a doctor’s mistake during plastic surgery.

Top 5 Most Common Plastic Surgery Procedures

Just because a surgery is considered routine doesn’t mean it is totally safe. No matter what the medical procedure, it’s important for patients to understand their risks. It’s also important to select a doctor who is knowledgeable and experienced.

In the United States, certain cosmetic procedures are more popular than others. The top five most common cosmetic surgeries include:

Breast augmentation – over 290,000 procedures each year
Liposuction – over 235,000 procedures each year
Nose reshaping – more than 223,000 procedures each year
Eyelid surgeries – over 209,000 procedures each year
Facelifts – more than 131,000 procedures each year

There are also several common minimally invasive cosmetic procedures, which don’t require hospitalization or general anesthesia. These procedures are Botox injections, soft tissue fillers, chemical peels, laser hair removal, and microdermabrasion.

Unfortunately, “minimally invasive” does not ever mean risk-free. For example, a few of the risks associated with chemical peels include burning, edema or swelling, complications with vision, scarring, pigmentation changes in the skin, and serious infections. Researchers state that complications are more likely to occur when a medical professional lacks proper training in administering chemical peels.

5 Serious Plastic Surgery Complications

Some plastic surgery mistakes that may give rise to a medical malpractice claim include:

Infection – Infection is always a risk regardless of the type of surgery. In the most serious cases, a patient can develop an infection that is resistant to antibiotics. This can lead to systemic organ failure and even death.

Pulmonary Embolism – A pulmonary embolism is a blood clot that breaks off and travels to the lungs. In some cases, pulmonary embolism causes almost instant death. While some cases of pulmonary embolism are not preventable, other happen because doctors and other medical professionals fail to properly monitor a patient.

Anesthesia Errors – Any time a patient is put under general anesthesia, serious complications are always a risk. Anesthesia errors can occur when an anesthesiologist administers the wrong type of drug or the wrong dosage of a drug. These mistakes can also happen when doctors fail to check a patient’s medical history for allergies or known drug complications.

Blood Loss – Hemorrhage is another risk that can happen during any type of surgery. When a doctor’s mistake leads to a massive loss of blood, patients can go into shock or experience other serious complications.

Damage to Organs – Depending on the type of cosmetic procedure, doctors might need to operate very close to a patient’s major organs. If a doctor cuts or otherwise damages an organ or major blood vessel, a patient can suffer serious and long-term complications.

In most cases, a patient who is simply dissatisfied with how they look after a plastic surgery does not have a medical malpractice case.

To establish a medical malpractice case, a plastic surgery patient must prove four basic elements:

The doctor owed the patient a duty of care – The patient must prove that the doctor owed him a duty of care.
The doctor breached the duty of care – The patient must also show that the doctor breached the duty of care by failing to adhere to the appropriate standards of care in his practice area.
The patient suffered an injury – The patient must show that he suffered an injury due to the doctor’s breach.
The injury caused the patient to incur damages – The patient must also show that he suffered damages because of his injury.

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New York Medical Malpractice Lawyer Jonathan C. Reiter T:212-736-0979

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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.

Jonathan C. Reiter NYC Injury Lawyer

New York City Personal Injury Lawyer / Aviation Accident Attorney