Medical Malpractice FAQ

Q: What Is Medical Malpractice?

A: Medical malpractice can be defined as when a doctor or other health care provider deviates from the accepted standards of medical care, resulting in an injury or death. It is possible to file a claim against the parties responsible if it can be proven that the doctor or health care provider was negligent, resulting in permanent injury, disability or wrongful death. Medical professionals are covered by malpractice insurance for claims that are made against them regarding negligent medical care.

Q: How Long Do I Have To File A Medical Malpractice Claim?

A: The statute of limitations to file a medical malpractice claim varies by state. In New York, you generally have two years and six months to file a claim against a doctor, hospital or health care provider. However, several factors can alter the amount of time you have to file a claim. For example, if the suit is for wrongful death, the statute of limitations is usually two years from the date of death. That is why it is so important to speak with a qualified medical malpractice attorney as soon as possible. At Rosenbaum & Rosenbaum, P.C., our firm's intake specialists are qualified to take down all pertinent information and discuss the facts with the partners of our firm to determine whether your claim falls within New York state's statute of limitations for medical malpractice.

Q: What Are Common Types Of Medical Malpractice?

A: There are many types of medical malpractice, some of which you may not even realize fall within this category. That is why it is so important to consult with a medical malpractice attorney as soon as possible when you suspect negligence on the part of a doctor, hospital or health care provider. Below are some of the common types of medical malpractice:

Q: How Are Attorney's Fees In A Medical Malpractice Case Different?

A: At Rosenbaum and Rosenbaum, we offer a free initial consultation to discuss the facts and circumstances surrounding your medical malpractice claim. Our firm operates on a contingency basis, meaning no fee is earned unless your attorney succeeds in obtaining a recovery for your claim. In New York state, however, the percentage of attorney's fees are different from a standard personal injury claim. The percentage of attorney's fees is set by statute in New York state as follows:

  • 30 percent of the first $250,000
  • 25 percent of the next $250,000
  • 20 percent of the next $500,000
  • 15 percent of the next $250,000
  • 10 percent of any amount over $1.25 million

It is important to remember that besides attorney fees, disbursements or expenses that were incurred during the course of the case will also be deducted from the final settlement amount.