FAQs About Medical Malpractice in New York

Explanation of Medical Malpractice Laws in New York

Here in New York, medical malpractice laws are difficult to understand and apply for most people, even for those with some previous legal experience or knowledge. Also referred to as medical negligence, medical malpractice happens when a healthcare provider violates the governing standard of care when providing treatment to a patient, causing that patient to suffer injury or illness as a result. There are countless ways that these types of injuries can take place, including misdiagnosis, surgical errors, medication errors, failure to diagnose, and various other forms of negligence.

New York is different from states like Texas because it does not place a limit on the amount of compensation that a victim can recover through a medical malpractice claim. There are many other rules and regulations, however, and your attorney can help you understand how these rules will affect your case before you file a claim. This is helpful because many injury victims pursue a claim and then later find out that they do not qualify. Our New York City medical malpractice attorneys are here to ensure that this does not happen to you. Contact our firm today to schedule your free case evaluation, where a legal professional can answer all of your pertinent questions and address your unique concerns. For your benefit, we have also provided straightforward answers to many of the medical malpractice questions that we have been asked over the years.

Is there a limit on the money that my attorney can make?

Yes. New York law limits attorney fees in medical malpractice cases to 30% of the first $250,000.00, and 25% of the next $250,000.00. The limit on fees continues to decrease, and are 20% of the next $500,000.00, 15% of the next $250,000.00 and 10% of any recovery greater than $1.25 million.

What if it wasn’t the doctor who caused my injuries or illness?

As knowledge of medical malpractice grows, it is becoming more and more common for patients to file malpractice claims against nurses, anesthesiologists and other healthcare professionals. Any healthcare professional can be held accountable for negligent actions that are not compliant with the expected standards of the healthcare industry, and we can help you file these types of claims.

What are some of the regulations that I should know about?

The statute of limitations is one of the most important deadlines that you must complete in order to file a medical malpractice case. This limits the amount of time that you have to file a medical malpractice action to 30 months of the date of the act or omission that gave rise to your injury. If your malpractice case is based on the presence of a foreign object within your body, you must file a claim within one year of the date that the foreign object was discovered or should have been discovered. If your medical malpractice case involves a minor under the age of 18, you will have three years from the date of that minor’s 18th birthday to commence litigation. Keep in mind, however, that the statute of limitations cannot be stretched for more than 10 years from the date of the act or omission that caused the injury.

What is the collateral source rule?

The traditional collateral source rule states that a defendant does not have the ability to reduce his or her own liability by introducing evidence that you have received compensation from other sources. This means that insurance companies do not have the right to try and lower the amount of compensation that they owe you, just because you have received compensation from another source as well.

When should I file a claim?

The right time to take legal action is now! By acting as soon as possible, you will have the best chance at recovering the compensation you need and deserve for what you have gone through. Waiting to contact a medical malpractice lawyer may hinder your case because it becomes increasingly difficult to obtain the evidence you need as time goes on. Contact our team of talented legal minds today to schedule a free initial case evaluation, and receive the legal counsel that you need to determine how to proceed.

Can my medical malpractice claim be reopened after it has been settled?

This is a question that malpractice victims often ask if they have accepted a settlement offer that was below what they deserved or needed. Unfortunately, once a medical malpractice case has been closed or settled in court, it usually cannot be reopened for several reasons. When you agree to settle a malpractice case, you will be asked to sign a release that you agree to be prohibited from pursuing the same type of legal action in the future. Instead of going through the difficulty of trying to reopen a case, it is much wiser to enlist the help of a medical malpractice attorney who can help you recover maximum compensation the first time around.

How do you decide whether or not to take a medical malpractice case?

Our firm uses several different criteria to determine if we will take on a patient’s medical malpractice claim. As we strive to provide the highest quality of legal representation for every client, we try to not overload our team with cases. Medical malpractice cases are some of the most challenging types of cases that we handle, and so we will take a long look at whether or not there is enough evidence to file a claim on your behalf before we take action. This will save you effort and money, and will ensure that we are not wasting your time by filing a claim. We are capable of handling many types of malpractice claims, even those that other firms refuse because they are too challenging. To learn more about the cases we have handled in the past, please review our medical malpractice verdicts.

Our NYC Personal Injury Lawyers Can Help

Call Hecht Kleeger & Damashek today to discuss your options. We can help you determine the approximate value of your claim and guide you step-by-step toward a fair settlement or verdict. We are members of the Multi-Million Dollar Advocates Forum®, the American Association for Justice, and the New York State Trial Lawyers Association. With our seasoned representation on your side, you can have confidence in obtaining the best possible results. Contact us today! We hope to hear from you soon to discuss your legal options.