New York Medical Malpractice Attorney
FAQs
When you believe you are a victim of medical malpractice, you may not have all the knowledge you need to proceed. The fact is, you are not expected to know everything about malpractice when you file a case. Malpractice is a very complicated field and only a skilled New York medical malpractice attorney will know the answers to all the questions you may have. In order to ease the process of filing a medical malpractice lawsuit, we gladly provide these answers to frequently asked questions regarding malpractice law. If you have any additional questions, please contact the Henrein Law Offices for your free initial consultation and case evaluation.
- What is medical malpractice?
- What kind of mistakes can result in medical malpractice?
- What is a medication error?
- Will I have to go to trial?
- What is a statute of limitations?
- What is a contingency fee?
- How does a jury decide a medical malpractice case?
- Do I have to pay taxes on my settlement?
- Do I have a case?
What is medical malpractice?
When a medical provider fails to provide a standard level of acceptable care to a patient, resulting in injury or death, it is medical malpractice. Medical malpractice can be the result of neglect, recklessness or carelessness -the bottom line is the medical professional did not provide a level of care that other professionals would have used in the same circumstances.
What kind of mistakes can result in medical malpractice?
There are many mistakes that can result in malpractice cases. These include, but are not limited to:
- Confusing patient charts with one another
- Failing to anticipate a common complication of a condition or treatment
- Failing to follow up with a patient when follow up is important
- Failing to inform a patient of potential risks before treatment
- Improper diagnostic testing for a condition
- Inadequate treatment of a condition
- Incorrect diagnosis of a condition
- Medicinal error
- Surgical error
Will I have to go to trial?
At the Henrein Law Offices, we understand you are stressed and upset by your losses. We know a trial is something most clients prefer to avoid. As a result, we try to settle as many cases out of court as possible, seeking the maximum benefit for our clients with the minimal effort on their part.
Unfortunately, the insurance companies representing most medical institutions make settling very difficult, particularly at the early stages. These companies hope to weed out fickle, inexperienced attorneys and minor claims. Our attorneys will prepare for a full trial, knowing the insurance companies generally will offer a settlement eventually to avoid the trial process that is time consuming and potentially embarrassing to the company they represent.
We cannot promise that you will stay out of court, but we can assure you that our attorneys will work hard to avoid trials whenever possible.
What is a Statute of Limitations?
A Statute of Limitations is the amount of time a victimized party has to file a legal complaint. If you do not file a complaint before the statute runs out, you will not be able to file a claim at all. Most malpractice claims in New York must be filed within two and a half years of the last treatment date. These periods vary based on the type of suit. It is best to contact a New York medical malpractice attorney as soon as possible to avoid running into complications due to the statute of limitations. Your lawyer should be able to inform you on any specific deadlines affecting your case.
What is a contingency fee?
A contingency fee means you do not pay your attorney unless you win your case. You are expected to pay to obtain medical records and other evidence, as you are not providing money to your lawyer upfront. Fees due to your attorney after a successful case verdict are set by the state of New York. These fees are as follows:
- 30% of the first $250,000
- 25% of the next $250,000
- 20% of the next $500,000
- 15% of the next $250,000
- 10% of amounts over $1.25 million
The jury will evaluate if the actions of the doctor or other medical professional were within the standard for adequate medical care. To do so, they will consider testimony from experts and doctors regarding the average level of care a patient in similar circumstances would receive. These witnesses will help the jury evaluate the performance of the doctor or other professional involved, compared with the average professional in these circumstances. If the jury finds the care to be substandard, the claimant will receive monetary damages.
Do I have to pay taxes on my settlement?
No. Your compensation is tax free in the state of New York. In a case involving a patient’s death, however, the pain and suffering reward is taxable upon the estate.
Do I have a malpractice case?
If you suspect you have a case, contact an experienced New York medical malpractice lawyer. Every circumstance is different, so it is impossible to judge a case’s validity without knowing all the details. At the Henrein Law Offices, we offer free initial consultations and case evaluations. Contact us today to discuss your potential case.