Medical Malpractice FAQ

Q: What is Medical Malpractice?

A: Medical Malpractice can be defined as when a doctor or healthcare 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 healthcare provider were negligent in their actions, resulting in a permanent injury, disability or wrongful death of a patient. 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 State, generally speaking you have 2 years and 6 months to file a claim against a doctor, hospital or healthcare provider. However, there are a number of different factors that may alter the amount of time you have to file a claim. For example, if the suit is for wrongful death, the statute of limitation 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 in order to determine whether or not your claim falls within New York State's statue of limitations for medical malpractice.

Q: What Are Some Common Types Of Medical Malpractice?

A: There are a number of different types of Medical Malpractice cases, 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 healthcare provider. Below are a list of 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. However in New York State, the percentage of attorney's fees are different than a standard personal injury claim. The percentage of attorney's fees is set by a statue in the State of New York 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 all amounts over $1,250,000

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.