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New York Birth Injury Lawyers

 

Faraci Lange LLP
298 Main St Suite 302
Buffalo, NY 14202
(716) 248-3000
www.faraci.com
email
Kevin Concagh PC
The Law Offices of Kevin Concagh, PC
225 Broadway Suite 41
New York, NY 10007
(212) 962-2727
kevinconcaghattorney.com
If you are in need of a dedicated & experienced attorney for your legal matter, contact us today.
email
Andrew Carboy ESQ
Sullivan Papain Block McGrath
& Cannavo P.C.
120 Broadway
New York, NY 10271
(212) 732-9000
www.triallaw1.com
Our attorneys handle personal injury and complex litigation in New York and New Jersey. Call 212-732-9000 (NY) or 201-342-0037 (NJ).
Alan Serrins
233 Broadway
New York, NY 10279
(212) 406-1700
www.quellerfisher.com
Queller, Fisher, Washor, Fuchs & Kool, L.L.P. has 200+ years of experience helping the injured and $1+ billion in recoveries. Call our New York injury attorneys for a free consult! No recovery, no fee.
Slater, Slater, Rosenberger & Schulman, P.C.
350 5th Ave
New York, NY 10118
(800) 251-6990
srslawfirm.com
Drug Litigation, Accident, Injury & Labor Lawyers - New York, NY
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New York Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.
N.Y. Civil Practice Law and Rules Law §214-a and §208 Two years and six months from injury. Foreign object: the action may be commenced within one year of the date of such discovery or of the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier. Minors: time under minority is not a part of the time limit imposed, but no extension beyond 10 years.

New York Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

No applicable statute.

Limits on Attorney Fees

Jud. 30 §474-a. Sliding scale, not to exceed 30 percent of first $250,000; 25 percent of second $250,000; 20 percent of next $500,000; 15 percent of next $250,000; 10 percent over $1.25 million. In the event the attorney believes in good faith that the fee schedule, because of extraordinary circumstances, will not give adequate compensation, application for greater compensation may be made upon affidavit with written notice and an opportunity to be heard to the claimant or plaintiff and other persons holding liens or assignments on the recovery.

Periodic Payments

Civil Practice Law and Rules §5031 et seq. As to any award of damages for future pain and suffering in excess of §500,000, the court shall determine the greater of 35 percent of such damages or §500,000 and such amount shall be paid in a lump sum. The remaining amount of the award for damages for future pain and suffering shall be paid in a stream of payments over the period of time determined by the trier of fact or eight years, whichever is less.

Patient Compensation or Injury Fund

Public Health §2999-G et seq. There is hereby created the New York state medical indemnity fund (the "fund"). The purpose of the fund is to provide a funding source for future health care costs associated with birth related neurological injuries, in order to reduce premium costs for medical malpractice insurance coverage.

Medical or Peer Review Panels

No statute provided specific to medical liability/malpractice cases.
   

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