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Medical Malpractice

  • Birth Injuries
  • Surgical Errors
  • Doctor/Hospital Negligence  Causing Injuries
  • Failure to Diagnose or Properly Treat a Condition

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In order to win a medical malpractice case, the injured party must prove that the doctor or hospital departed from good and accepted medical practice in the community.

Very often, it would appear to the average person that medical malpractice has been committed in a particular case. However, in order to win a malpractice case, a doctor must testify affirmatively in court that malpractice was committed and that it was a substantial factor in causing the injuries claimed.

Medical malpractice occurs when a hospital, doctor or nurse makes a mistake. Some examples of a medical malpractice case include failing to diagnose cancer or some other serious illness, making a mistake during surgery, prescribing or administering the wrong or incorrect amount of medication, and, incorrectly reading a mammogram, PAP smear, x-ray, MRI or other diagnostic test.

Frequently Asked Questions

 1) What is a Medical Malpractice lawsuit?

Medical Malpractice usually occurs when a hospital, doctor or nurse makes a mistake that causes some type of injury to an individual. Some examples of a medical malpractice lawsuit include making a mistake during surgery, failing to diagnose a disease, injury or cancer, prescribing the wrong medication or even failing to properly read an x-ray, MRI, Mammogram PAP smear or other diagnostic test.

 2) How do you know if you might have a potential Medical malpractice Case?

Many times a person believes that medical malpractice had been committed by a doctor or hospital. However, in order to win a 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.

 3) What is the Attorney fee on a Medical Malpractice Lawsuit?

In New York State the attorney fee is actually set forth by a statute and is different than a regular personal injury action. Most people know that 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:

(1) Thirty percent (30%) on the first $250,000 of the sum recovered;
(2) Twenty five percent (25%) on the next $250,000 recovered of the sum recovered;
(3) Twenty percent (20%) on the next $500,000 of the sum recovered;
(4) Fifteen percent (15%) on the next $250,000 of the sum recovered; and
(5) 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.

 4) What is the statute of limitations on 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 (”continuos treatment doctrine”), you should immediately contact an attorney if you have any questions whether or not you think malpractice was committed.

Please contact our Law Firm for a professional evaluation of your case. We will be happy to analyze your specific fact pattern and discuss the law as it applies to you.

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