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.

New York Has Nation’s Highest Rate of Medical Malpractice

Empire State residents are at high risk of death and catastrophic injury due to medical errors

Medical error is the third-leading cause of death in the United States, killing hundreds of thousands of patients annually.

But malpractice does not affect every part of the country equally. A recent study, which analyzed data over a 10-year period from 2004 to 2014, found that New York had the nation’s highest rate of malpractice suits per capita.

According to the study, New York had 116 malpractice suits per 100,000 residents, easily outdistancing second-place New Jersey (95 per 100,000). This data included cases arising from both major and minor injuries. New York also had one of the highest rates of suits resulting from deaths and major, permanent injuries, ranking fourth at 55 per 100,000. Only Pennsylvania, New Jersey and Louisiana had more of these major cases.

These findings highlight the very real dangers for patients in New York and throughout the country when healthcare professionals do not provide safe, effective care. According to the study results, more than three quarters of malpractice lawsuits were filed against physicians and nurse practitioners – that is, those making important care decisions on behalf of patients.

Surgical and treatment errors leading causes of New York malpractice cases

Medical malpractice includes a broad range of errors made by healthcare professionals. The study results showed that New York had the nation’s highest rate of cases arising from surgical errors, which are among the most serious medical errors. Mistakes made during surgery can cause internal injuries and other serious, permanent damage. Often, additional surgeries are required to correct the mistakes – leading to significant pain and other expenses for the injured patient.

New York also had the country’s highest rate of treatment-related malpractice suits during the time covered by the study. Treatment-related errors can lead to serious side effects, often causing permanent damage or death. In addition to any damage caused by the incorrectly administered treatment, victims of treatment errors are often left with an untreated medical condition – which can grow worse over time, leading to more expensive treatments or even death.

These findings highlight the need for patients injured by negligent medical professionals to seek experienced legal counsel. Injured patients and their families can rely on Jonathan C. Reiter, a highly experienced New York medical malpractice attorney who has recovered millions of dollars for his clients.

Jonathan Reiter and his team know healthcare providers need to be held accountable for their negligent actions, especially when those actions lead to death or permanent damage. Taking legal action is an effective way to reduce the number of surgical errors that continue to put patients at risk.

Jonathan C. Reiter NYC Injury Lawyer

New York City Personal Injury Lawyer / Aviation Accident Attorney