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600 Old Country Road
Garden City NY 11530
Voice: 516.832.7777
150 Motor Pkwy Ste 401
Hauppauge NY 11788
Voice: 631.390.0001
140 Broadway 46th flr
New York NY 10005
Voice: 212.233.6600
337 East 149 Street
Bronx NY 10451
Voice: 718.204.8000
111 Livingston St.
Brooklyn, NY 11201
Medical Malpractice Lawyers - FAQ's
in Brooklyn, Bronx, Queens, Nassau County, and Suffolk County
1. WHAT TIME LIMITS EFFECT MY ABILITY TO START A LAWSUIT AGAINST A PHYSICIAN?
The amount of time a person has under the law to start a lawsuit is called the Statute of Limitations. To start a lawsuit papers have to be filed in a courthouse and then delivered to the people that are named as defendants in the lawsuit. If the lawsuit is not started within the time prescribed by Statute, than no matter how meritorious the case is.
The time period in which to start a lawsuit differs from state to state. In New York State, generally, against a privileged doctor or hospital a patient has 2 1/2 years from the date of the negligent event or the last date of the continuous treatment to start a lawsuit. In New York State, if the medical malpractice / negligence occurred at a municipal hospital, such as one of the members of the New York City Health and Hospital Corporation or a County Hospital such as Nassau County Medical Center there are very strict periods much shorter in length. A Notice of Claim has to be filed with the municipality within 90 days of an event and a lawsuit must be started within one year and 90 days. At a hospital operated by the State of New York, such as Down state Medical Center in Brooklyn, Stonybrook University Hospital in Suffolk County or Upstate Medical Center in Syracuse a Notice of Intention to File Claim must be made within 90 days of the event and with the State of New York in the Court of Claims within two years. There are specific tolls for children, for mental disability and for continuous treatment. These are very technical matters which must be calculated by an experienced attorney in medical malpractice.
Generally, the earlier the investigation the better the opportunity to identify witnesses to the medical negligence. If you have questions concerning your medical care and treatment you should bring them to the attention of an attorney as soon as adequately answered by your physician or health care provider.
2. WHAT IS THE LAWYER'S FEE?
Initial consultation with a medical malpractice lawyer in the State of New York is generally conducted without a fee. Investigation of the matter after the initial consultation is conducted without hourly charge. A lawyer in medical negligence generally works on the basis of a contingency fee. A contingency fee is authorized by law and has long been recognized as fundamental to providing access to the judicial system to most of our citizens. Very few persons have the financial strength in resources to pay hourly fees for legal representation and medical malpractice and other negligence. Insurers are physicians and hospitals and hospital themselves have great financial resources to refuse to pay and to fight a patient's meritorious claim making the patient exercise of his or her rights are very costly economically. Experienced law firms in medical malpractice/negligence have the experience and the financial strength to fight the insurance and medical industries resistance to the payment of meritorious claims. At the successful conclusion of the prosecution of the case, whether by settlement or by verdict, an attorney will be paid a percentage of the recovery. In the State of New York that percentage recovery is 30% of the first $250,000 recovered, 25% of the next $250,000 recovered, 20% of the next $500,000 recovered, 15% of the next $250,000 recovered and 10% of any amounts recovered in excess of $1,250,000.
3. IF I BRING A MEDICAL MALPRACTICE/NEGLIGENCE LAWSUIT DO I HAVE TO GO TO COURT?
Yes, although settlements in meritorious cases are frequent, settlements usually take place only after all discovery has been completed and a trial is about to start. Many times settlements are not offered until "half day" through trial.
Recently, the insurance industry has bombarded the public with propaganda concerning frivolous lawsuits and large jury verdicts. This insurance industry propaganda has effected the minds of many well intentioned jurors who are now misguided when the serve as jurors in trials. For this reason, insurance companies regularly refuse to settle lawsuits hoping to take advantage of all of the expensive advertisements and news items that they have placed in the media.
During the pre-trial stage, the person who brings the lawsuit will be questioned under oath at an event known as a deposition. The patient is represented by their lawyer at this deposition and is advised as to what to expect before the deposition begins. Another event involves the physical examination of the patient by a physician hired by the defense attorney for the defendant and paid for by the insurer for the defendant.
At time of trial it is generally thought necessary that the person who brings the lawsuit be present in Court as often as possible. This could range anywhere from a couple of days to a week or so.
4. WILL THE LAWSUIT THAT I BRING AFFECT MY ACCESS TO MEDICAL TREATMENT?
No, except that you will not be able to treat with the doctors who you have sued. Doctors are very reluctant to speak out against another colleague or to offer a truthful criticism of a previous colleagues care and treatment. However, doctors rarely allow a lawsuit to interfere with their care and treatment of a patient. Our clients over the years have experienced a very high standard of medical treatment from other doctors during the tendency of their lawsuit. Our clients have found that doctors and hospitals and other health care practitioners are not concerned with any legal proceeding and are usually devoted to trying to help the patient as best as they can.
However, patients should not rely on or anticipate that any other doctors who treats them will help them at trial. When it comes to legal proceedings, past experiences have shown a silence among colleagues within the medical profession.
5. DO I HAVE A BIG CASE?
We hope you do not have a big case. Under the law, a patient is permitted to receive fair and just compensation for the injury caused by medical negligence. The reason why we say we hope not is that if you have a big case it means that you or your family members have sustained very serious injuries.
6. WHY SHOULD I CHOOSE Silberstein, Awad & Miklos, P.C., AS MY ATTORNEYS?
Silberstein, Awad & Miklos, P.C. has been established for more than 20 years. We have experience in all Courts in the prosecution of medical malpractice cases. In addition to being able to negotiate a settlement or try a case to a verdict we are also capable and well experienced in conducting appellate practice before the Appellate Courts. Many times lawyers refer cases out to other law firms when it involves medical malpractice, a trial, or an appeal from a trial . Our law firm does not refer cases out, we handle them ourselves. In addition, many attorneys refer cases to our law firm and refer client's to our law firm for representation because of our experience and proven record.
Our firm has been involved in historic, precedent setting cases involving some of the largest recoveries in the State of New York. In fact, we represent Brooklyn, Bronx, Queens, Nassau County, and Suffolk County, New York.
We try to provide friendly, understanding service to our clients, and try to provide answers and obtain the best result possible under the facts and law of the case.
