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Questions Answered by Jonathan R. Ratchik
2 Answers | Asked in Family Law, Personal Injury and Education Law for New York on
Q: Preschool left my son unattended by a major road not holding his hand or watching him for about a minute and I seen it

Me and two other people witnessed my son 4 years old walking near a major road with his group and his hand wasn’t being held and wasn’t being watched for about a minute and he could’ve went into the street and got hit by a car or something could’ve happened etc

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 12, 2023

The civil justice system only provides a remedy for harm that has occurred, not harm that might have occurred. Fortunately, your son was not harmed. Speak with the principal and teacher at your son's school and tell them what you observed so that it does not happen again (either to your son... View More

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2 Answers | Asked in Criminal Law and Personal Injury for New York on
Q: My mother was assaulted by someone a few months back. She cursed at a driver who the pulled over and assaulted her

tonight I was walking home and the culprits have reappeared and parked the car in question down the street. Her wrist has been injured since she was shoved and pushed to the ground by the female drive who exclaimed : Who's the b**** now!!! hahah and drove off.

Being a new yorker... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 12, 2023

Sorry to hear what happened to your mother. The act of pushing your mother was an intentional tort and had nothing to do with the operation of a motor vehicle. As such, insurance will not cover the the event. Best to report the matter to the police and let law them handle it. Your mother could... View More

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2 Answers | Asked in Car Accidents for New York on
Q: can a car legally drive in a bike lane in NYC
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 7, 2023

No, it cannot. Under section 4-12(p)(2) of the NYC DOT Traffic Rules, no person shall drive a vehicle on or across a designated bicycle lane except under certain circumstances such as entering or leaving a driveway, entering or leaving parking space, making a left turn, etc.... View More

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Q: I don't think this lawyer who represented me Signed as my Lawyer, is this a legal representation, to not be signed
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 7, 2023

You can certainly have an attorney-client relationship without a written retainer agreement. The better practice, however, is to have a written retainer agreement which sets forth the duties and responsibilities of both the attorney and the client. That said, if you are unhappy with your current... View More

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2 Answers | Asked in Personal Injury and Workers' Compensation for New York on
Q: I want to know if I have a 3rd party breach of duty lawsuit after getting injured on the job by an unprotected fan axel

I have images that will help explain the story

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 5, 2023

As you are probably aware, you cannot sue your employer for injuries sustained on the job - absent a grave injury, workers' compensation is your exclusive remedy. You could pursue a negligence action against the owner of the fan (if it's a different entity than your employer), or a... View More

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1 Answer | Asked in Elder Law for New York on
Q: Dr wants to transfer brother from hospital to nursing home. Dementia. How can he keep the 11 thousand he has in bank?

He is mild-moderate but knows he has some money. He has asked me to take it out the bank and save it for him. I am his POA. Is this allowed? They're going to take his social security and pension I know but what's in the bank is all he's got.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 30, 2023

The acts you are allowed to perform on behalf of your brother, such as banking transactions, personal and family maintenance, financial matters, etc., are delineated in the Power of Attorney form he signed. That said, you cannot perpetrate a fraud on either Medicare or Medicaid and misrepresent... View More

3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My dad died Aug 26,2022 due to a "simple surgery" the dr performing the surgery accidentally cut something else

without knowing. so the Dr sent him home. later that night he was in serve pain and the er left him waiting over 9 hours in the waiting room. My dad died very very painfully I have all the charts and records to show. My question is can I make this DR lose his license? He does not deserve to walk... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 28, 2023

I'm so sorry for your loss. Unless this physician has a history of harming his patients, it is unlikely that you will get this physician's license suspended. Here's a link I found online for filing such a complaint with the Georgia Composite Medical Board,... View More

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1 Answer | Asked in Personal Injury and Products Liability for New York on
Q: I ordered a drug reagent kit to test substances & it had no warnings, labels, etc and now I have 2nd sulfuric acid burns

So I ordered a drug reagent kit, it is used just for personal use to test drugs for illicit substances & other bad things that shouldn't be in there. There was no warning labels, there was instructions, but there was no dominant warning (small line), and no ingredient list whatsoever.... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 19, 2023

Sorry to hear what happened to you. Unless you've a significant, permanent injury, the time and expense of a products liability lawsuit against the manufacturer / distributor of this reagent product would not be justified. In the future, probably best to avoid products sold over the web that... View More

3 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: Is it reasonable for a lawyer to write a letter to a hospital requesting payment for surgeon etc, after an patient fell?

The 80 year old has Lewy Body Dementia. I can add several pages of details if need be.

I am the Health Care Proxy for the woman in question

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 12, 2023

Requesting payment for what reason? As my colleagues correctly advised, it is certainly reasonable (and to be expected) that an attorney will request, in writing, the complete medical chart that relates to a potential client. There is simply no other way to evaluate the merits of a case.... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for New York on
Q: Can I press charges and sue?

Hi I was assaulted by a security guard at a music venue/ bar on May 28,2023. She and a group of people pulled me out to the street then they held me down while she stomped on my face and arms. She took over restraining me then repeatedly punched me for ten minutes in my face. Cops came and I was... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 8, 2023

Sorry to hear what happened to you. Whether you have a viable claim against the assailant's employer will depend on whether his actions and use of force were within the scope of his employment. If not, you will need to demonstrate that the music venue / bar had knowledge of his bad disposition... View More

1 Answer | Asked in Tax Law, Business Formation, Business Law and Car Accidents for New York on
Q: Hi Is registering as an NY llc really protects you when you drive for doordash ???

If you planned to work for doordash and food delivery gigs in ny as an llc . What's better in terms of protection ?

1- To open an llc in an other state like Wyoming , do you need to regester it as a forirgn llc in ny and every other state you work as a dasher ?

2- if you... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 6, 2023

Really depends from what you are seeking protection, e.g. personal injury liability, taxes, business debts, etc. Although an LLC will protect you from your business obligations, the mere existence of an LLC will not shield you from all personal liability in the event you injure someone in the... View More

1 Answer | Asked in Health Care Law for New York on
Q: Are medical portal emails part of my medical records? Can they cut you off from access to them? Can I request copies?

I was harassed by a doctor, filed an complaint internally. An investigation was done and I was blocked from using the portal. I no longer have access to my portal emails to and from doctors and staff. Are these part of my medical record? Can I request copies of them? Is there a way to regain access... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 2, 2023

Hard to say. Medical records maintained by a physician / hospital are oftentimes kept separate and apart from messages generated on the patient portal. And a medical records department might not even have access to them. That said, the messages contained within the patient portal would arguably... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Attorneys familiar with the medical field

How can I go to my local hospital with no insurance (except emergency Medicaid) and get the treatment I need. How can I convince the doctors that I have a c.s.f. leak (cerebrospinal fluid)and for them to give me an E.B.P. (epidural blood patch)It is a life threatening emergency because after that... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 17, 2023

Sorry to hear what you're going through. Generally speaking, you cannot present to an emergency room (or for that matter any medical facility) and force them to treat your own self-diagnosis. Based upon your clinical presentation and medical history, a physician will reach his or her own... View More

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2 Answers | Asked in Medical Malpractice, Criminal Law and Identity Theft for New York on
Q: Hippa-related legality surrounding my reporting a recent crime committed by a pt while using my namesake/identity.

In short, I'm a physician in pvt practice. A pt I have treated for years recently scammed a new pt of my practice out of $500. Via txt messages, he assumed the identity of a fictitious member of my office staff and contacted the patient to schedule an appt with myself (referring to me and... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 15, 2023

The perpetrator arguably committed a crime by using your identity to defraud a patient. HIPAA prohibits the disclosure of individually identifiable medical information. One exception to the prohibition, however, is for law enforcement purposes, specifically when necessary to inform law... View More

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3 Answers | Asked in Car Accidents for New York on
Q: why is a driver who kills a pedestrian still not charged with any crime. The driver was totally distracted ran off the
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 5, 2023

As my colleagues have correctly advised, whether to charge someone with a crime for vehicular manslaughter is ultimately left to the sound discretion of the District Attorney's office. Generally speaking, unless there are aggravating circumstances that contributed to the incident, such as... View More

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I was hit in my vehicle on the way to where I worked in 1992.A 18 wheeler trucker went threw a red light and was injure

With the surgery and winning judgement against trucker I was to have full medical for my jaw injury. For life.Yes it was 31 years ago and I have been in need for more surgery but I dint have my lawyers name then or how to collect fir my surgery . If U dint remember lawyers name ir trucking company... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 4, 2023

If you actually prevailed in your lawsuit and obtained a judgment against the defendant trucking company, a copy of the judgment should be on file with the clerk's office of the county in which your lawsuit was brought. Given how old the case is, it is likely in archives and would need to be... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I had breast lifting 2020 and today I had mammogram and they found doctor left clip inside my breast. What I should do?

The surgery was in Miami

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 27, 2023

Leaving a medical instrument within a patient's body can certainly constitute malpractice IF the instrument was supposed to have been removed following the operation. Surgical clips, however, are routinely used to control bleeding and are purposefully left in place for that reason (and because... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: How are psychiatric malpractice cases handled?

When a psychiatrist uses the wrong judgement in prescribing medication

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 12, 2023

Psychiatric cases are handled like any other malpractice lawsuit. The plaintiff must demonstrate a departure from the accepted standard of psychiatric care; and that the departure from care was a substantial factor in causing an injury. An error in judgment is a valid defense to any malpractice... View More

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2 Answers | Asked in Personal Injury for New York on
Q: A lawyer secretary called his the client and said they had a doctor's appointment the next day and to see their medical

No transportation they want her to use her Medicaid and to see her regular doctor and I never heard that before a lawyer gets the insurance doctor and gets the transportation she fell in restaurant

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 6, 2023

Your question is unclear. Oftentimes, personal injury attorneys will arrange to have their clients evaluated by a physician for an "independent" evaluation, separate and apart from an evaluation for purposes of treatment. Likewise, in a personal injury lawsuit, the defendant is entitled... View More

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1 Answer | Asked in Criminal Law and Personal Injury for New York on
Q: How to do I go after someone for not telling me they have an STD?

I’ve read it’s illegal for someone to have herpes and not disclose that before getting intimate. I only ever found out because he is carrying around a bottle of the pills and I confronted him. How do I pursue charges for this?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 30, 2023

If you wish to press criminal charges against the individual (having intercourse while you are knowingly infected is a misdemeanor), you would have to report the matter to the police and see if they are willing to pursue. With regard to pursuing a civil lawsuit against the individual, if the... View More

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