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.

Manhattan Construction Injury Accident Law Firm Launches New Initiative to Protect Construction Workers in the Bronx, Brooklyn, Queens, Manhattan, and Staten Island

Construction is the backbone of New York City. From the high-rises of Manhattan to the bridges of Brooklyn, hardworking men and women risk their lives every day to build the city we all live in. That’s why Jonathan C. Reiter Law Firm PLLC, a leading Manhattan construction injury accident law firm, has launched a powerful new initiative to support and protect injured construction workers across all five boroughs — the Bronx, Brooklyn, Queens, Manhattan, and Staten Island.

A Dangerous Industry that Deserves Strong Protection

As attorney Jonathan C. Reiter explained in his recent video statement, construction sites are some of the most dangerous workplaces in the city. Workers often perform jobs hundreds of feet in the air, surrounded by heavy machinery and hazardous materials.
“Every day brings new risks,” Reiter said. “That’s why constant vigilance and a strong safety culture are essential.”

Gravity-related accidents — such as falls from scaffolds, ladders, or rooftops and falling object injuries — remain the most common causes of serious injuries and deaths on New York construction sites. Even a dropped wrench or a loose piece of concrete can cause catastrophic harm.

New York’s Strong Laws — and How They Protect Workers

Reiter emphasized New York’s Scaffold Law (Labor Law Section 240) — one of the strongest worker protection laws in the United States.
This law holds property owners and general contractors responsible for providing proper safety equipment and maintaining safe work conditions. Even if they weren’t directly supervising the worker, they can still be held liable for failing to follow safety standards.

“The law recognizes that workers who dedicate their lives to building our city deserve full protection — and full compensation — when injured,” said Reiter.

Beyond Workers’ Compensation — Full Recovery Matters

While workers’ compensation covers medical bills and partial lost wages, it often falls short of what injured workers truly need.
Reiter’s firm helps clients pursue additional compensation for all lost income, future medical care, pain and suffering, and even lost Social Security benefits — ensuring that families don’t face financial ruin because of someone else’s negligence.

“Workers aren’t just case numbers — they’re fathers, mothers, brothers, and sisters,” Reiter noted. “Our mission is to help them rebuild their lives when tragedy strikes.”

Evidence Disappears Fast — Don’t Wait to Get Help

Construction sites change every day. Equipment gets moved, debris cleared, and evidence can disappear quickly.
Reiter urges injured workers not to rely on workers’ comp alone, but to contact an experienced attorney immediately. His firm investigates the scene while evidence is still fresh, identifies safety violations, and determines every possible source of recovery.

Fighting for the Latino Construction Community

Jonathan C. Reiter Law Firm PLLC is committed to serving Spanish-speaking and Latino construction workers throughout New York City.
Many laborers come from immigrant families and work tirelessly to support their loved ones — often without knowing their full legal rights. This new outreach initiative includes bilingual legal consultations, educational materials, and community partnerships aimed at empowering Latino workers to stand up for their safety and rights.

“Nuestra comunidad latina construye esta ciudad. Merecen respeto, protección y justicia,”
— Jonathan C. Reiter, Esq.

A Lifeline for Injured Workers in All Five Boroughs

Whether you work in the Bronx, Brooklyn, Queens, Manhattan, or Staten Island, the Jonathan C. Reiter Law Firm PLLC stands ready to help you understand your rights and fight for the compensation you deserve.

If you or someone you love was injured on a construction site, contact the Manhattan construction injury accident law firm that’s protecting the workers who build New York.

Contact:
Jonathan C. Reiter Law Firm, PLLC
Phone: (212) 736-0979
Website: www.jcreiterlaw.com
Hablamos Español.

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