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New York Medical Malpractice Questions & Answers
1 Answer | Asked in Personal Injury, Civil Rights, Medical Malpractice and Sexual Harassment for New York on
Q: Can somebody tell me some ideas for how i can get retribution because this is scandalous and im literally going through

The following transaction was entered on 8/30/2022 at 4:28 PM EDT and filed on 8/30/2022

Case Name: DAVIS v. CHESTER CROZER HOSPITAL et al

Case Number: 2:21-cv-05035-CMR

Filer:

WARNING: CASE CLOSED on 06/03/2022

Document Number: 22

Docket Text:... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2022

Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), the Court may dismiss a case if it determines that your Complaint, accepting every allegation as true, "fails to state a claim on which relief may be granted." In layman's terms, it means the Court is dismissing your case because the facts... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for New York on
Q: Doctor did an eye check for strep,said I had strep,put me on amoxicillin,then i broke out in rash cuz its mono.can i sue

The doctor at the urgent care I work next to did an eye test for strep (just looked down my throat) without swabbing or doing any test. I was prescribed amoxicillin. I took the amoxicillin and 6 days later broke out with a bad rash because that's what happens when you take a penicillin with... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 2, 2022

Sorry to hear what happened to you. Without minimizing what you've gone through, a rash that is perhaps lasting longer than it should will not justify the time and expense of a medical malpractice lawsuit. Moreover, amoxicillan is an accepted course of treatment for strep throat. Although... Read more »

2 Answers | Asked in Medical Malpractice for New York on
Q: Would like to know if my mom has a case.

My dad would go to his doctor with complaints. Each time the doctor would say he had a sinus infection and give him antibiotics. After a couple years he saw an endocrinologist and his sinus infections wound up being stage 3 cancer. He was going to the CTCA in Zion Illinois. When Covid hit they... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 31, 2022

I'm very sorry for the loss of your father, and for the devastating impact it has had on your mom. It's difficult to offer a direct and concise "yes" or "no" answer to your question. There's a considerable amount of information to sort out here, and much further... Read more »

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1 Answer | Asked in Medical Malpractice for New York on
Q: If a Dr does a distal pancreaotomy on you shouldn't there be a full pathology report

I had a voluntary spleenectomy and Dr nips my pancreas and called it a distal pancreaotomy.i still have my pancreatic tail and body

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 30, 2022

A pathology report should be generated in connection with any operation / surgery. Keep in mind that a pancreatectomy entails the removal of part or all of the pancreas and which could explain why you still have a pancreatic tail and body.

1 Answer | Asked in Medical Malpractice for New York on
Q: Medical malpractice attorney?

Hello,

I'm trying to find a medical malpractice attorney that will represent me in a case I'm trying to pursue in NY.I had surgery on Oct 16 2019 and continued to see the same doctor up until Feb 25 2021 therefore it's going to be under the "continuous treatment"... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 13, 2022

You can find many excellent medical malpractice lawyers using the Find a Lawyer tab on the JUSTIA homepage. As you've been repeatedly advised, many attorneys will shy away from a case where the alleged malpractice is outside the 2.5 year statute of limitations window, even if the statute of... Read more »

2 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: N.Y.S.B.A.?

I am desperately trying to find a medical malpractice attorney in NY to no avail. Everyone keeps telling me to try the New York State Bar Association. Isn't that a paid subscription site? I tried to go on it but I couldn't navigate it correctly. It doesn't help that I'm... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 16, 2022

I'm sorry for the frustration you are experiencing in trying to find an attorney. You are correct, the NYSBA could have fees associated with consults. Their website mentions fees, and the details of those arrangements are something to be discussed with them or their attorneys. But as a general... Read more »

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2 Answers | Asked in Medical Malpractice for New York on
Q: Where else can I go?

Hello,I was wondering what other platforms there are such as this one especially in NY to obtain an attorney for a medical malpractice suit. I am disabled and its quite hard to communicate.

Thank you

Tim Akpinar
Tim Akpinar
answered on Jun 1, 2022

One option is to search for attorney directories or referral services. In terms of communication difficulties, there are virtual meeting platforms (with chat options), as well as traditional email, if that is easier than telephone. The New York State Bar Association has resources for the public in... Read more »

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2 Answers | Asked in Medical Malpractice for New York on
Q: Please help me to understand

I'm going to give a hypothetical,an example. Let's say you go to get your car detailed,the guy says ok,come back tonight to get it,you go back later. The car is detailed but now the engine is missing and the guy tells you he doesn't know what you're talking about. Now it's... Read more »

Tim Akpinar
Tim Akpinar
answered on May 31, 2022

I'm sorry for the frustration you experienced with the emergency room. One option would be to reach out to med mal attorneys to discuss in further detail. If a law firm felt that you had grounds for a case, they would retrieve your records and review them with medical professionals. Please... Read more »

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1 Answer | Asked in Medical Malpractice for New York on
Q: Looking for an attorney

.Hello

I'm trying to find a medical malpractice attorney that will represent me in a case I'm trying to pursue in NY.I had surgery on Oct 16 2019 and continued to see the same doctor up until Feb 25 2021 so it's going to be under the "continuous treatment" rule.I... Read more »

Tim Akpinar
Tim Akpinar
answered on May 27, 2022

I'm sorry for the ordeal you suffered here. It will be difficult for attorneys here to offer their services to you because we cannot solicit clients here. The operation of this forum is limited to basic questions and answers. There are sites that function as attorney referral services. The... Read more »

1 Answer | Asked in Medical Malpractice for New York on
Q: Looking for medical malpractice attorney.

Hello

I'm trying to find a medical malpractice attorney that will represent me in a case I'm trying to pursue in NY.I had surgery on Oct 16 2019 and continued to see the same doctor up until Feb 25 2021 so it's going to be under the "continuous treatment" rule.I was... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 26, 2022

It is highly unlikely this asker will find a med-mal attorney without first obtaining a medical report from an independent physician asserting to malpractice committed by the asker's doctor. The New York standard to prove a med-mal case is the asker's physician deviated or departed from... Read more »

1 Answer | Asked in Medical Malpractice for New York on
Q: I would like to know if I would have a valid case against Jacobi hospital for an IV infection/surgery in my right arm?
Tim Akpinar
Tim Akpinar
answered on May 9, 2022

It would be difficult for an attorney here to say "yes" or "no" to a case based on the brief format of this question & answer board. You could reach out to med mal attorneys to discuss. If a law firm felt confident you had a meaningful basis for a case, they would retrieve... Read more »

2 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: I want to sue my psycho-therapist and her supervisor a Psychiatrist. I live in Brooklyn NY

I live in Brooklyn NY I want to sue my psycho-therapist and her supervisor, they discontinued my care, without just cause I filed a complaint with Patients Relation and received a letter of apology stating the determination of my care was wrong and should not have happened. I have since suffered... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2022

I'm sorry for your ordeal. Unfortunately, it would be difficult to get an attorney referral on this site - the format here is more question & answer. There are legal sites set up as attorney referral services. The closest thing on this site might be the tab above, Find-a-Lawyer. You could... Read more »

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2 Answers | Asked in Medical Malpractice for New York on
Q: This is in regards to medical malpractice. Is this considered “malpractice” or an error on the surgeon’s part? Can I sue

This is in regards to medical malpractice. I had bicep tendon reattachment surgery on my left arm and I can’t twist my wrist. It’s been 10 weeks post surgery. I know people who have had the same surgery and they were able to twist their wrist weeks earlier. There is also numbness in my arm.... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2022

Could the surgeon have made a mistake? Yes. Could the numbness in your arm be attributable to factors other than the mistake of a surgeon? "Yes" to that question as well. An attorney is not qualified to make such a determination. You could reach out to med mal law firms to discuss... Read more »

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1 Answer | Asked in Child Custody, Family Law and Medical Malpractice for New York on
Q: In PA or NY, custodial parents and medical facilities are required to inform other parent with joint custody of trtmnt?

Ex has left me out of the loop for 3 months on my daughter's quickly developed eating disorder that is now so bad she will be hospitalized. Even has her on meds. We have joint legal custody and are required to discuss all medical, academic, and other major issues and come to conclusions... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Mar 26, 2022

In neither Pennsylvania nor New York is a provider of medical services required to hunt down and inform a joint custodian of anything. Ordinarily, a court will enter custody orders that compel the custodial parent to stay abreast of such information and then notify the asker of its occurrence.... Read more »

2 Answers | Asked in Medical Malpractice for New York on
Q: What are the required documents to be signed when you hire a lawyer for a medical malpractice lawsuit?

When is a legal relationship authorized between the injured party and lawyer?

Jeff D. DeFrancisco Esq.
PREMIUM
Jeff D. DeFrancisco Esq.
answered on Feb 11, 2022

In general, the legal relationship is established once a client signs a retainer agreement. The retainer agreement formalizes the agreement that the lawyer will be representing the client, along with the terms of the representation. The terms of the representation typically include the... Read more »

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2 Answers | Asked in Medical Malpractice for New York on
Q: I had poor dental veneers done and as a result I have pain. Can I get work to fix it without jeopardizing a legal claim?

A new dentist has taken X-rays, pictures, molds. My old retainers show that my teeth were made to be extremely long and my bottom teeth are completely covered when I bite. I have headaches, jaw pain, teeth clenching, pain from the dentist grinding down my teeth to try to fix the bite but leaving... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 4, 2022

It's possible that it could - but it would be difficult to say with certainty. Such a setting could be analyzed from different perspectives, one being that destruction or correction of the subject matter could prejudice the ability to examine the condition which is the contention of a claim.... Read more »

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2 Answers | Asked in Contracts, Medical Malpractice and Small Claims for New York on
Q: What kind of lawyer do i need for failed Invisalign treatment by a dentist?

I was not injured by the treatment but the issue the dentist failed to fix(misaligned bite) causes me constant discomfort. He has prolonged this miserable feeling by wasting a year of my time with shady treatment. He accomplished nothing and refused a refund because he “saw nothing wrong”. A... Read more »

Jeff D. DeFrancisco Esq.
PREMIUM
Jeff D. DeFrancisco Esq.
answered on Jan 23, 2022

You would want a medical malpractice lawyer that handles dental malpractice claims. Not as many medical malpractice lawyers handle dental claims because malpractice litigation is extremely expensive and usually dental malpractice claims have limited damages. The concern with dental malpractice... Read more »

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1 Answer | Asked in Medical Malpractice for New York on
Q: I have a tort claim and looking for case laws in New York State on medical negligence.

The department of corrections have it in my medical summary acknowledging my epilepsy. But put me on a top bunk and I fell after catching an epilepsy attack. Suffering severe injuries and on medication

Tim Akpinar
Tim Akpinar
answered on Dec 7, 2021

I'm sorry your question remains open for three weeks, and for the injuries you suffered. I wish you the best in your recovery. It could be difficult to obtain the most recent case law holdings on given legal issues on these types of public forums - law firms could feel uncertainty as to... Read more »

1 Answer | Asked in Medical Malpractice for New York on
Q: Is it unlawful for a dental surgeon to refuse their practice to the patient for no stated reason?

I have asked questions to the dental surgeon about the operation and insurance coverage. At a certain point the surgeon said that they will not remove the tooth because they dont "feel well". I asked for an explanation, but the surgeon went away and refused to answer more questions. I... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 19, 2021

As a general rule, physicians may choose who they will treat. But there are additional elements, such as whether the situation is an emergency, or there is a contractual relationship. Additionally, a medical professional may not decline treatment based on reasons that amount to discrimination.... Read more »

1 Answer | Asked in Medical Malpractice for New York on
Q: I was diagnosed 8 years ago with parkisnons have been on medication for 8 years. I recently had a brain scan.

A Datscan to be exact that states I do not have Parkinsons. Is this a malpractice case

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2021

This is something that would likely require a medical opinion and additional information regarding the original examination(s) and diagnostic tests made eight years ago. It could be difficult for an attorney to offer you a "yes" or "no" answer based on the brief information... Read more »

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