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.

Will Amazon’s One-Day Shipping Lead to More Truck Accidents?

New York City — In the last few years, Amazon has completely changed the way people shop. Love it, hate it, or feel somewhat ambivalent about it, chances are you have ordered at least one item from the site that bills itself “the world’s largest selection.”

One feature that has made Amazon so popular is its lightning fast shipping. In the past, individuals who paid for a “Prime” membership could receive free two-day shipping on most items.

Recently, however, Amazon announced it will now deliver many items in just one day. Retail experts have already predicted this will turn up the heat on retailers like Walmart and Target, who rely on in-store shoppers as well as online customers to make a profit.

Additionally, some safety experts have expressed concerns that a switch to one-day shipping will make the roads more dangerous.

As more consumers demand faster and faster shipping, Amazon must expand its reach by hiring more commercial truck drivers and putting additional semi-trucks on the roads.

According to one report, some Amazon delivery drivers report being forced to resort to unsafe driving practices to make all the required deliveries during their shift. Safety experts worry this will make the roads more dangerous and ultimately lead to an uptick in car and truck accidents.

Faster Shipping Means More Vehicles on the Roads

As part of its expansion to one-day shipping, Amazon also announced an incentive program designed to encourage employees to become delivery drivers for its new delivery program called Amazon Flex.

To encourage employees to sign up, the company said it will offer up to $10,000 to help would-be delivery drivers start their own delivery business. As long as an individual is over 21 years old and owns their own vehicle, they can apply to deliver packages with Amazon Flex.

Of course, this means more drivers on the roads — and drivers who are motivated to make as many deliveries in as short a time as possible.

As Amazon takes on more delivery drivers, it will also need to expand the number of semi-trucks it uses to move items from one fulfillment center to another. Experts say this could potentially lead to an increase in truck and motor vehicle accidents.

Amazon Flex Drivers Report Working in Tough Conditions

According to a Forbes report, Amazon Flex drivers typically report working in harsh conditions. One estimate stated that a driver who wants to deliver 200 packages over the course of an eight-hour shift would have just two minutes and 24 seconds in between deliveries.

This means delivering a package every two and a half minutes over the course of an entire eight-hour work day. Delivery drivers say this leaves little time for even basic breaks, such as bathroom breaks or stopping to eat lunch.

According to the report, delivery drivers also said they feel pressured to drive faster than the speed limit to make sure they deliver all their packages for the day.

In response, Amazon stated that its drivers make all of their scheduled deliveries during their eight-hour shift about 90 percent of the time.

Other potential red flags raised in the report included a story about a delivery driver who injured his hand by slamming it in a truck door while making deliveries. The report states that Amazon instructed him to continue making deliveries rather than seek medical care.

Drivers also stated that they were required to drive faster than the speed limit to make their deliveries on time. Many also reported close calls with other cars or children crossing the road.

Female drivers stated that they were required to keep a bucket and baby wipes in their delivery trucks because they didn’t have time to take bathroom breaks while they worked. Male drivers reported urinating on the side of the road while working because they were afraid of losing valuable time if they stopped to use a restroom.

Additionally, most drivers reported that they never have time to take breaks. While drivers are supposed to receive a 30-minute lunch break and two 15-minute breaks during a shift, the report said few drivers manage to fit in these breaks during the course of a regular shift.

The report states that Amazon denies the reports about poor working conditions among its delivery drivers.

Get Legal Help After a Truck Accident

Commercial truck accidents and accidents caused by delivery drivers are more complex than regular car accidents. If you have been injured in an accident caused by an Amazon driver or a driver who works for UPS, Fed Ex, or another delivery company, it’s important to discuss your case with an experienced truck accident lawyer.

You have important rights. A knowledgeable lawyer in New York will help you understand your rights and the options available in your case. Discuss your case with the best truck accident lawyer in New York by calling Attorney Jonathan C. Reiter today.

New York City Truck Accident Attorney Jonathan C. Reiter

(T): 212-736-0979

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