Medical malpractice attorney new York city
 In New York, a medical malpractice action must be brought within two and a half years after the act has been performed or from the end of a continuous treatment while the act had been performed. An action claiming wrongful death must be brought within two years from the date of incurred death. New York’s laws state that a claimant’s negligence will not bar recovery of losses, but the recoverable damages will be reduced comparatively to his negligence. Hospitals will not be found to be vicariously liable for the acts of non-employee members of the medical staff, but they can be found liable for emergency physicians and others because they hold independent contractors as employees.
It is a unique characteristic of New York malpractice law that while expert witnesses are to disclose their qualifications and expected testimony, their identities need not be disclosed before trial. When it comes to damages and the amount awarded to claimants, New York does not set any limit. In New York, the attorney’s fee is based on a scale set by the law since 1985. The lawyer's fee only starts at 30% of the settlement but decreases as the amount recovered for the client increases. For example, if the award is any amount till $250,000, the lawyer’s fee is 30% of the amount. If the award is between $250,001 to $500,000, the lawyer’s fee drops to 25% of that amount, and so on until the awarded party gets over $1.25 million, whereby the lawyer’s fee drops to 10% of the amount. If a claimant's future damages exceed $250,000, this must be paid in periodic payments.
Medical Malpractice Lawyers ~ Attorneys
|
