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New York Personal Injury Questions & Answers
3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My father died last year from what I believe were multiple medical mistakes .Are hospitals hard to sue

My father died May 2 2022.l

believe is was direct negligence

caused by the hospital that cared for

him. Multiple medical mistakes

double medicating, defibrillater at

wrong settings, incorrect medication

given causing multiple firings of... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 22, 2023

I'm so sorry for your loss. As my colleague correctly advised, hospitals are not hard to sue (at least no more difficult than suing a doctor). In any malpractice case, however, you have to demonstrate a departure from the standard of care and harm resulting from the departure. The only way... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My father died last year from what I believe were multiple medical mistakes .Are hospitals hard to sue

My father died May 2 2022.l

believe is was direct negligence

caused by the hospital that cared for

him. Multiple medical mistakes

double medicating, defibrillater at

wrong settings, incorrect medication

given causing multiple firings of... View More

Laurence Michael Deutsch
Laurence Michael Deutsch
answered on Dec 19, 2023

First, I am very sorry for your loss. And from what you describe it sounds as though this was a very protracted course.

The direct answer to your question is "no" as in hospitals are not difficult to sue, per se (if the case is brought by an experienced medical mapractice...
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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My father died last year from what I believe were multiple medical mistakes .Are hospitals hard to sue

My father died May 2 2022.l

believe is was direct negligence

caused by the hospital that cared for

him. Multiple medical mistakes

double medicating, defibrillater at

wrong settings, incorrect medication

given causing multiple firings of... View More

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2023

I'm sorry for the loss of your father. The short answer to your question is, yes, hospitals can be hard to sue. New York (and other jurisdictions) generally require certificates of merit, where a law firm consults with a physician who believes the case has merit. There are qualifiers to this... View More

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3 Answers | Asked in Landlord - Tenant and Personal Injury for New York on
Q: Is my landlord responsible for my medical bills- I was struck by lightning on her property.

She has no insurance on the property that I am aware of. The tree that was struck was extremely tall, and near the house. They were told by an insurance co. to remove it years ago. She threatened to have me “ out on the street” if I contacted national grid to inspect the electrical system. She... View More

Roland Godfrey Ottley
Roland Godfrey Ottley pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

This is a rather complicated question as it evolves New York negligence law as well as landlord-tenant law. There are many questions to the answered in pursuing either one of these particular claims and so a consultation with an attorney would be necessary. Nevertheless, the tenant would likely be... View More

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3 Answers | Asked in Landlord - Tenant and Personal Injury for New York on
Q: Is my landlord responsible for my medical bills- I was struck by lightning on her property.

She has no insurance on the property that I am aware of. The tree that was struck was extremely tall, and near the house. They were told by an insurance co. to remove it years ago. She threatened to have me “ out on the street” if I contacted national grid to inspect the electrical system. She... View More

Tim Akpinar
Tim Akpinar
answered on Dec 7, 2023

The landlord-tenant attorneys here could address the L/T-related issues of your question, but as my colleague correctly points out, this is a complex setting. As for the personal injury attributes, it could depend on where you were situated, the tree's role in your injury, the extent of your... View More

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1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Communications Law for New York on
Q: I was in a private meeting with my staff and she recorded our conversation. I was terminated for saying something bad.

My staff recorded me without my knowledge and it was used it to terminate me. I said something inappropriate and was used to terminate me. Is this lawful, can I sue my employee?

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Dec 4, 2023

New York is a one-party consent state meaning that you can record conversations if you're physically in the state and are a party to the conversation or if you have permission from one of the parties in the conversation. If neither of the parties to the conversation have consented then it is a... View More

3 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: if I signed an agreement with mva attorney for them to receive a certain percentage yet they take more than agreement ?

I agreed to a 31% fee for mva accident attorney but I was charged 33% is that legal ? Also he had me pay tax if fair to get police report which I also had to pay for and then still charged me out of settlement for police report, charged me for postage and copies of forms that i received thru email... View More

Tim Akpinar
Tim Akpinar
answered on Dec 1, 2023

Some of these things may be outlined in the retainer agreement, which is usually signed at a client intake meeting. Attorneys do deduct some of the costs mentioned here - court filing fees, summons and complaint process server fees, medical records, etc. It could depend on what you and your... View More

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3 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: if I signed an agreement with mva attorney for them to receive a certain percentage yet they take more than agreement ?

I agreed to a 31% fee for mva accident attorney but I was charged 33% is that legal ? Also he had me pay tax if fair to get police report which I also had to pay for and then still charged me out of settlement for police report, charged me for postage and copies of forms that i received thru email... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 22, 2023

Most contingency fee retainer agreements provide for an attorney fee to equal 1/3 of the settlement amount AND reimbursement for any costs incurred by the attorney in prosecuting the case, e.g. court fees, medical record fees, expert witness fees, etc. Your attorney should have provided you with a... View More

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3 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: if I signed an agreement with mva attorney for them to receive a certain percentage yet they take more than agreement ?

I agreed to a 31% fee for mva accident attorney but I was charged 33% is that legal ? Also he had me pay tax if fair to get police report which I also had to pay for and then still charged me out of settlement for police report, charged me for postage and copies of forms that i received thru email... View More

Joel Gary Selik
Joel Gary Selik
answered on Dec 1, 2023

What an attorney can charge is determined by contract--the attorney client fee agreement. If it provides for one percentage, that is all that can be charged for fees. Check the fee agreement as it is not uncommon for there to be an increased fee if a lawsuit is filed.

Certain costs may be...
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2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for New York on
Q: Who do I contact if I feel like healthcare care providers are disregarding my medical complaint?

I believe I contracted some type of worm/parasite during a vacation and received a MRI of the abdomen and pelvis in which one radiology tech questioned I might be pregnant because of movement seen during exam and another mentioned movement was seen confirming my suspicions but not reported to CDC.

James L. Arrasmith
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answered on Nov 17, 2023

If you believe your medical complaints are being disregarded by healthcare providers, your first step should be to seek a second opinion from another medical professional. It's important to have your concerns thoroughly evaluated, especially if you suspect a serious condition like a parasitic... View More

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2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for New York on
Q: Who do I contact if I feel like healthcare care providers are disregarding my medical complaint?

I believe I contracted some type of worm/parasite during a vacation and received a MRI of the abdomen and pelvis in which one radiology tech questioned I might be pregnant because of movement seen during exam and another mentioned movement was seen confirming my suspicions but not reported to CDC.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 22, 2023

As my colleague correctly advised, if you are dissatisfied with the level of care you received, you can reach out to the hospital's patient advocate and lodge a formal complaint. That said, your focus should be on getting appropriate medical care. If you are still experiencing symptoms... View More

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1 Answer | Asked in Personal Injury and Criminal Law for New York on
Q: Hello , a woman was tailgating me and honking for couples blocks I stopped my car talk to her and come back to my car

She came to me and hit me in my face while I’m in my car and everything was recorded I have Dashcam so I push her back as defense of self , she falls on ground she seems drunk , we both get arrested what should I do? For me I have never been arrested before I wondering if I’m I in trouble or... View More

James L. Arrasmith
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answered on Nov 12, 2023

In New York, if you've been arrested following a confrontation where self-defense was involved, it's important to secure legal representation. The presence of a dashcam recording can be significant in demonstrating the events that led to the altercation. In terms of criminal proceedings,... View More

2 Answers | Asked in Personal Injury for New York on
Q: Is Marriot hotel responsible for my toddler injury while we stayed there?

My toddler ran into the coffee table in our room at the Marriot hotel and the sharp edges cut her eyebrow deep so we had to take her to ER and she received a few stitches. We spend about 5 to 6 hours in the ER and are now getting big bills. Is Marriot responsible for the injury to their guest or is... View More

James L. Arrasmith
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answered on Nov 11, 2023

In assessing whether Marriott hotel is responsible for your toddler's injury, it's important to consider several factors. The key issue is whether the hotel was negligent in providing a safe environment. Hotels are generally expected to maintain their premises in a reasonably safe... View More

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2 Answers | Asked in Personal Injury for New York on
Q: Is Marriot hotel responsible for my toddler injury while we stayed there?

My toddler ran into the coffee table in our room at the Marriot hotel and the sharp edges cut her eyebrow deep so we had to take her to ER and she received a few stitches. We spend about 5 to 6 hours in the ER and are now getting big bills. Is Marriot responsible for the injury to their guest or is... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 13, 2023

Sorry to hear what happened to your daughter54cx. Based upon your description, you haven't identified any negligence on the part of Marriott which caused or contributed to your child's injury. Hotels that do not cater to children are arguably under no duty to baby-proof their rooms or... View More

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2 Answers | Asked in Real Estate Law and Personal Injury for New York on
Q: Am I responsible if I allow someone to launch their boat from my property and there is an injury or damage to property

I have an easement on my neighbor’s property to access the water and install a dock. My neighbor allows people to launch their boats on his property resulting in a constant flow of traffic. Is my neighbor liable if someone gets hurt on our easement or if our property in the water (dock,boat) is... View More

James L. Arrasmith
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answered on Nov 12, 2023

In New York, liability for injuries or property damage occurring as a result of someone using your neighbor's property to launch boats can be complex. Generally, the owner of the property where the injury or damage occurs may be held liable, especially if negligence can be established.... View More

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2 Answers | Asked in Real Estate Law and Personal Injury for New York on
Q: Am I responsible if I allow someone to launch their boat from my property and there is an injury or damage to property

I have an easement on my neighbor’s property to access the water and install a dock. My neighbor allows people to launch their boats on his property resulting in a constant flow of traffic. Is my neighbor liable if someone gets hurt on our easement or if our property in the water (dock,boat) is... View More

Tim Akpinar
Tim Akpinar
answered on Nov 11, 2023

A boat owner who is injured (and their guests) could name both property owners and try to connect both to any kind of claim. In terms of actual liability arising from negligence on the part of the property owners, that would need to be sorted out on a fact-specific basis. A court could recognize... View More

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4 Answers | Asked in Personal Injury for New York on
Q: Is there any stupid questions and is this one of them?

I asked my lawyer if he, or someone in his office, would go over the medical tests, with me,

that he suggested I have. My question was never answered. I even sent a follow up email and it was ignored. The only thing i could think is, it is a dumb question to ask. If it is I'm missing... View More

T. Augustus Claus
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answered on Nov 10, 2023

If your lawyer has not responded to your request, it is possible that they are simply busy or that they forgot. However, it is also possible that they do not think it is necessary for them to review your medical tests. This could be because they are not familiar with medical terminology or because... View More

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4 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: I got lip fillers a week ago and above my top lip is sticking out like a duck the place is refuses to fix it for me

I got juvederm lip fillers last week and the top lip where I believe is called the vermillion border almost on top of the pink color of the lip is all raised out and I look like I have a duck top lip almost. There are lumps also under the lip as well and the bottom lip also has a purplish color on... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 7, 2023

Sorry to hear what happened to you. Unfortunately, as my colleague correctly advised, a bad outcome, without more, will not support a medical malpractice case, especially one arising out of a cosmetic procedure. Rather, you need to demonstrate a departure from the standard of care and an injury... View More

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4 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: I got lip fillers a week ago and above my top lip is sticking out like a duck the place is refuses to fix it for me

I got juvederm lip fillers last week and the top lip where I believe is called the vermillion border almost on top of the pink color of the lip is all raised out and I look like I have a duck top lip almost. There are lumps also under the lip as well and the bottom lip also has a purplish color on... View More

John Michael Frick
John Michael Frick
answered on Nov 10, 2023

From the phrasing of your question, I wonder if you had the filler injected by an aesthetician, cosmetologist, or perhaps even an unlicensed individual, rather than by a plastic surgeon. And I wonder if it was actually Juvederm filler.

There are unfortunately many individuals, who are not...
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2 Answers | Asked in Personal Injury and Municipal Law for New York on
Q: how long and wide are hotel stairs supposed to be?

Late Tuesday morning I fell all the way from the top to the bottom of the stairs. There are 17 stairs and I have 17 stitches above my eyebrow. I wasn't intoxicated or on any drugs. It could have been from my shoes, but I am unsure of what happened. My leg is also messed up from the fall, it is... View More

James L. Arrasmith
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answered on Nov 5, 2023

Building codes, which vary by jurisdiction, generally dictate the dimensions and safety standards for staircases in public buildings, including hotels. In many areas, the International Building Code (IBC) is used as a guideline, which prescribes specific measurements for riser heights and tread... View More

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