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.
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.
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:
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.
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.
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The Law Offices Of Stuart M. Kerner, P.C. has a track record of representing clients who have been hurt due to negligence or preventable accidents. Having a comprehensive investigation of the accident scene immediately after it happens is crucial for identifying a long-term strategy for protecting you. Our law firm can help you with many different aspects of your claim including:
Hiring an attorney you trust with your case is about more than just finding a lawyer with experience. For aggressive and caring representation, put the Law Offices of Stuart Kerner P.C. on your side today!
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