It is one hundred percent true that the government of New York City provides the facility for the victims to file a case in any situation of medical malpractice by any physicians. Much medical malpractice law firms have actively shown their responsibility by accepting these new orders from the government and actively putting this service into action. The law firms have taken up trained NYC medical malpractice lawyers to render their services. But with the freedom the New York City government has given, it has also put some limitations on the medical malpractice law firms as well as the lawyers.
Here are few restrictions that are imposed by the N08ew York City government on the NYC medical malpractice lawyers and the law firms:
- When the law firm is taking up the case to be solved for a particular victim, the law firm can take only minimal case charges from the victim, that too only if the victim wins the case. If not, the law firm is not supposed to charge for any lost case or should not charge even a penny more than that stated by the New York City government.
- In case the victim wins the case, the percentage of the share taken by the medical malpractice law firm or the lawyer will keep decreasing by 5 %, each time the principle is recovered.
- If the court finds out that there is even a small percentage of the victim’s fault in the malpractice, then the share of recovery is reduced by 20% of the proposed initial share.
- In the city of New York, the lawyer who is taking up a medical malpractice case has to make sure that a written certificate along with the case(or within 3 months filing the case, if limitation tenure is an issue) has been issued otherwise of which the case will be considered invalid. The certificate must state one of two things:
- That the lawyer has crosschecked the details of the case and has consulted any licensed health provider and has then come to the conclusion that there is a perfect reason behind the victim filing the case against a particular physician.
- The lawyer who has taken up the case has checked with 3 proper attempts if he could not consult a physician before taking that step forward.