NYC Medical Malpractice Laws
NYC medical malpractice law includes many stipulations and details that may differ from malpractice laws elsewhere. Several of these aspects are detailed below.
Several New York malpractice laws differ from those in other locations. Included in those are the following:
Statute of Limitations – Medical malpractice cases must be brought for litigation within 2.5 years from the date of the malpractice. In cases of wrongful death, litigation must commence up to 2 years from the date of death.
Comparative Negligence – NYC malpractice law indicates that if more than one person shares in the negligence, compensation will follow according to the determined proportion. If the litigant is likewise partially negligent, compensation will be reduced per the degree of their negligence. However, a litigant’s negligence, no matter how great, will not preclude compensatory recovery.
Vicarious Liability – In NYC malpractice law, a hospital is not considered “vicariously liable” for the malpractice of a non-employee of the hospital, even If it took case on the hospital premises.
Expert testimony – Within 90 days of the filing of a complaint, malpractice laws in NYC stipulate that a certificate must be filed indicated that an expert has been consulted. Expert testimony is considered required at trial, unless the issue is clearly understandable by laymen. Unlike other locations, NYC medical malpractice law does not require that expert witnesses be deposed prior to trial.
Damage Caps – Malpractice laws in NYC do not put a cap on possible compensation for malpractice damages.
Arbitration – According to NYC malpractice law, arbitration of medical malpractice cases is permitted when agreed to by both sides.
Cap on attorneys’ fees – NYC malpractice law indicates the following caps on attorney fees: 30% of the first $250K, 25% of the next $250K, 20% of the next $500K, 15% of the next $250K, 10% of any amount beyond $1.25M.
For complete details regarding NYC medical malpractice law, and for a free consultation regarding your potential medical malpractice case, contact the NYC medical malpractice law firm of Jacob Fuchsberg. Call them today at 212-869-3500, or complete our web form.
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