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.

Report Suggests Ways to Reduce Medical Malpractice Incidents at Hospitals

A new Public Citizen report about obstetric safety finds that the poor childbirth safety record in the United States is linked in part to the failure of practitioners to develop and adhere to standardized practices. The report, released March 12, states bluntly that “childbirth safety outcomes in the United States are dismal compared to other wealthy nations.”

Of the 4 million children born each year in the U.S., almost 25,000 of the babies die during the first year of their lives. While the quality of medical care is not the only reason for this alarmingly high death rate among babies, the Public Citizen report finds that negligence by practitioners is at least partly to blame.

One of the significant problems in the obstetrics profession is the lack of consistent practice patterns. An experienced New York medical malpractice lawyer knows that the problem of inconsistent practice patterns is not limited to obstetrics – and it’s a crisis in Manhattan, the Bronx, Brooklyn, as well as the rest of the country. An alarming number of people die or are seriously injured each year in the United States because of medical errors that can be prevented if proper protocols were in place. According to the Journal of Patient Safety, between 210,000 and 400,000 deaths per year are associated with preventable harm in hospitals.

Childbirth injuries often result in significant malpractice awards, in part because the harm can affect the mother and baby. In a recent article in The Hill, Robert Weissman, the president of Public Citizen, notes that healthcare providers too often criticize medical malpractice lawsuits and patients who file them instead of focusing on patient safety.

Weissman states that a good way to reduce the number of lawsuits is for healthcare professionals to stop making mistakes.

So, what is one of the best ways to stop mistakes? According to Weissman, it’s critical for hospitals to take “focused, affirmative efforts” to improve obstetric care and avoid preventable errors. The Public Citizen report finds that hospitals that have made such efforts have demonstrated dramatic improvement in performance.

Establishing standardized care protocols is straightforward – it’s not about adopting new and innovative techniques, according to Weissman.

Steps to Prevent Childbirth Injuries in Hospitals

The following are some of the practices implemented to foster standardization and thus reduce childbirth injuries and fatalities:

Improving communications through training and encouraging all employees to speak up if they perceive a dangerous situation.
Putting into place groups of essential practices known as “bundles,” which must be used in cases when there are special risks, such as inducing labor.
Cutting down on the number of unnecessary cesarean section deliveries, which sometimes are performed for nonmedical reasons.
Eliminating elective deliveries by induction of birth or cesarean prior to 39 weeks of gestation unless there is a medical reason.

The Public Citizen report indicates that while some institutions have made progress, many hospitals have not put nearly enough effort into creating standardized care protocols. This is all taking place in an environment in which the rights of patients who have been injured or lost loved ones are eroding because of strong lobbying efforts by insurance companies, hospitals and doctors.

Patients who are injured or families who lose loved ones because of negligence do have rights, but they need a highly skilled attorney who can fight on their behalf.

For more information about how a medical malpractice attorney in New York can help you with your medical malpractice case, contact Jonathan C. Reiter Law Firm, PLLC. Call 212-736-0979 or visit http://www.jcreiterlaw.com and schedule a free consultation today.

Jonathan C. Reiter NYC Injury Lawyer

New York City Personal Injury Lawyer / Aviation Accident Attorney