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.

Wrongful Death Attorney-New York Jonathan C. Reiter – others argue Chiquita Banana case in Federal Court

On Friday, February 27, 2009, New York attorney Jonathan C. Reiter, appeared before Federal District Judge Kenneth A. Marra on behalf of over 650 victims of terrorism in the case against Chiquita Brands International. Mr. Reiter’s lawsuit alleges that Chiquita paid terrorists belonging to the notorious AUC more than 1.7 million dollars and armed the terrorists with 4000 AK47 assault rifles, thereby providing material aid to a terrorist organization and aiding the AUC in committing war crimes and crimes against humanity. Chiquita pled guilty to violating American law by making these payments, and is liable for a $25 million fine to the United States government. Mr. Reiter’s lawsuit, and those of other attorneys seek damages for the victims of the AUC including those whose family members were murdered.

Chiquita’s attorneys had filed a motion to dismiss the complaints of all the plaintiffs, arguing that there was no direct connection to the massacres, kidnappings, assassinations and acts of intimidation committed by the AUC in the banana zone where Chiquita was doing business in Colombia through its subsidiary, Banadex. Chiquita asked the judge to dismiss the case, claiming that providing “material support to terrorism” was not a violation of international law.

Mr. Reiter argued that Chiquita knowingly gave material support to a terrorist organization, that was a substantial factor in causing the deaths and physical injuries of the plaintiffs. Mr. Reiter asked the Judge to consider rulings in other cases involving banks that launder money for terrorists, where it has been held that terrorism is a violation of international law. Mr. Reiter’s lawsuit claims $20 million in damages for each plaintiff, for a total of more than $13 billion. Other attorneys have filed similar suits, all of which have been consolidated in Florida before Judge Marra. A written decision will be issued in the future determining whether the case against Chiquita will go forward.

Personal injury news submitted by New York wrongful death attorney Jonathan C. Reiter focusing on mass disasters/terrorism with the law firm of Jonathan C. Reiter, Empire State Building, 350 Fifth Avenue, Suite 2811, New York, NY 10118. Telephone (212) 736-0979 www.jcreiterlaw.com

Jonathan C Reiter