Bronx Medical Malpractice Attorney: Answering Common Medical Malpractice Questions
Bronx Medical Malpractice Attorney Answers Commonly Asked Questions About Medical Malpractice
Medical Malpractice is best described as medical negligence. This occurs when a patient suffers an injury due to hospital, doctor or other health care professional’s mistake or error. These are often errors in diagnosis, treatment of a condition or disease, aftercare or health management.
A bad outcome is not enough to prove medical malpractice. In fact, the first step is to show that a professional medical relationship existed between the injured party and the defendant and it is why to win a medical malpractice suit, the plaintiff and plaintiff’s attorney must prove that the doctor or hospital did not exercise good and acceptable medical practice along with the testimony of a doctor who will affirm in court that malpractice was committed and a substantial factor in causing the plaintiff’s injuries.
Some examples of a medical malpractice:
– Failure to diagnose or misdiagnoses of a serious illness such as cancer
– Errors during a surgical procedure
– Premature discharge
– Failing to order the proper testing
– Prescription related errors (e.g. wrong or incorrect amount of medication)
– Misreading a mammogram, PAP smear, x-ray, MRI or other diagnostic test
Commonly Asked Medical Malpractice Questions
Can you explain what is considered a Medical Malpractice case?
Medical Malpractice usually occurs when a hospital, doctor or nurse makes a mistake that causes some type of injury to an individual.
Do I have a Medical malpractice case?
To prove a medical malpractice case, we would have to show that the doctor or other health care provider deviated from the usual and customary standard of care and that this deviation from the standard of care was a substantial factor in causing the injury to the individual.
What is the attorneys fee to represent me on a Malpractice Lawsuit?
The attorney fee in New York State is set forth by a statute and is different than a regular personal injury action. In a regular negligence lawsuit, the attorney or law firm usually receives 33 1/3% of the settlement (after the deduction for legal costs and disbursements). However, in a medical malpractice action a New York State Statute has set forth the attorney fee as follows:
Thirty percent (30%) on the first $250,000 of the sum recovered;
Twenty five percent (25%) on the next $250,000 recovered of the sum recovered;
Twenty percent (20%) on the next $500,000 of the sum recovered;
Fifteen percent (15%) on the next $250,000 of the sum recovered; and
Ten percent (10%) on any amount over $1,250,000 of the sum recovered.
The percentage is to be computed on the net sum recovered after deducting from the amount recovered expenses and disbursements the attorney has paid to help prosecute the lawsuit.
How much time do I have to file a Medical Malpractice lawsuit?
New York’s statute of limitations is 2 1/2 years in medical malpractice cases. This is different than the 3-year statute of limitations when it comes to regular negligence cases. Many people do not even know that malpractice was committed until after the statute of limitations has expired. There are certain exceptions that may extend the time (” continuous treatment doctrine”), you should immediately contact an attorney if you have any questions whether you think malpractice was committed.
If you believe that you or someone you know may have been a victim of medical malpractice resulting in serious injury, please contact our Law Firm for a professional evaluation of your case. We will be happy to analyze and discuss the law as it applies to you.
The Law Offices of Stuart M. Kerner, P.C., located in the Riverdale section of the Bronx, will investigate, prosecute and negotiate with the insurance company of the negligent party to settle your claim and obtain compensation for you based upon the severity of your injury and your pain and suffering. If you would like a legal opinion on the potential value of your personal injury matter or have a question about your rights, contact one of our car accident injury lawyers at (718) 796-7900 to schedule a FREE Consultation online so we can evaluate your personal injury case.