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Questions Answered by Jonathan R. Ratchik
2 Answers | Asked in Legal Malpractice, Criminal Law, Personal Injury and Civil Rights for New York on
Q: Why is it so difficult to get a lawyer/attorney to respond to us or to get legal advice? We are paying customers.

The situation involves illegal sedation of a disabled person in a group home with evidence, and neglect/abuse with evidence. The group home agency has failed to correct the situation or address the situation appropriately on so many levels it's mind-blowing. We also want to sue for... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 4, 2022

Although not always the case, the inability to find a lawyer is oftentimes a reflection on the merits, or perceived merits, of your case. That said, you can find many excellent personal injury attorneys using the Find a Lawyer tab on the JUSTIA homepage. Almost all of them charge no fee for an... Read more »

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2 Answers | Asked in Car Accidents for New York on
Q: What does may result in prejudice mean
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 16, 2022

It really depends on the context in which the term is used. In the context of litigation, it often arises when you are seeking to amend your pleading or theory of liability after the time in which to do so has expired. A court may deny your request if it will result in prejudice to the defendant,... Read more »

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1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Libel & Slander for New York on
Q: IIED

Can I sue someone for IIED if the person I was having a conversation with recorded the conversation (a conversation in which I was saying bad things) and this person sent the tape of the conversation to my boss, which then led to me being fired?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 9, 2022

The actions of person who recorded your statement, although perhaps unethical, does not rise to the level required to bring an action for intentional infliction of emotional distress. Conduct that could support such a lawsuit must be so extreme and outrageous as to go beyond all possible bounds of... Read more »

1 Answer | Asked in Personal Injury for New York on
Q: How do I find out if my now former attorney due to his suspension for misconduct settled my case without my knowledge?

I have a suit against the City of New York for 1,000,000 in Supreme court which was filed in 1991. I did meet with the Comptroller and said attorney a few years after the case was filed in supreme Court which was the only thing that was done to my knowledge. This attorney was suspended for... Read more »

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

You can check the County Clerk's office to see if a Stipulation of Discontinuance was ever filed (which is part and parcel of any settlement). You could also try contacting the Office of the Corporation Counsel (which represents the City of New York in most lawsuits brought against it).... Read more »

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 »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 1, 2022

So sorry for your loss. Although your mother's strokes may very well have been caused by the passing of your father, her physical injury is not actionable as your father's medical providers did not owe her a legal duty of care. A wrongful death action on behalf of your father (and... Read more »

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1 Answer | Asked in Gov & Administrative Law for New York on
Q: Could I get both a motorcycle permit and driver's permit in the state of NY?

I already have a driver's permit in the state of New York, and I was wondering If I could get a motorcycle permit, or would I need to get a driver's license first?

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

According to the DMV website, "A New York State resident must have a Class M or Class MJ driver license or learner permit to drive a motorcycle. To get a motorcycle license, you must first get a motorcycle learner permit."... Read more »

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.

2 Answers | Asked in Personal Injury for New York on
Q: In an diversity of jurisdiction suit if case doesn't meet the 75.000 limit. What happens if case is dismissed & lost.

One party lives in n y c other party lives in another state. What happens to case.

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

If the case was dismissed because the amount in controversy did not exceed $75,000, the case should be remanded back to state court for further proceedings. On the other hand, if the case was dismissed on different grounds, i.e. on the merits, then the case will, in fact, be over.

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2 Answers | Asked in Personal Injury for New York on
Q: How do I find out if I have an active lead settlement case ?
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 9, 2022

Your question is unclear. As my colleague correctly advised, if you are already a plaintiff in a lawsuit, speak with your lawyer. He or she can best advise you about the status of your case and any proposed settlement. If, on the other hand, you are looking for a lawyer, you can find many... Read more »

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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 »

1 Answer | Asked in Car Accidents for New York on
Q: At fault drivers insurance policy goes up to $300,000 my doctor bills were $197, 000 I want to ask for more can I do tha
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 11, 2022

There is no limit to how much money you can sue for. That said, unless the owner / operator has assets, recovering more than the available insurance can be exceedingly difficult and would likely require you to first obtain a judgment against the defendant (which given today's judicial system... 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 »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 16, 2022

The NYSBA does not have a legal referral service for any of the counties in NYC. Every local bar association in NYC, however, has a legal referral service, such as the Bronx County Bar Association, the Brooklyn County Bar Association, Queens County Bar Association, etc. Almost all medical... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: I have no insurance but need help

I'm severely disabled.Im almost blind,can't speak, can't move my muscles,haven't brushed my teeth nor taken a shower since a surgery almost 3 years ago.Bedridden,can't feed myself and now its getting harder to breathe.If I go to the emergency room in Bellevue hospital, a... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 14, 2022

If you are in need of emergency, i.e. life saving, medical treatment, an emergency room is required by law to treat you. It is not, however, required to treat you for chronic, non-life threatening medical conditions. Here's something I found online which you might find useful,... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: What happens If the defendant is nowhere to be found?

My lawyer informed me that the reason my lawsuit has been dragged out for so long is due to an awol defendant. It was a car accident that was his fault and caused me to have cervical fusion surgery . It has been 6 yrs and the defendant has not complied with anything and has completely vanished.

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

That the defendant has gone missing should not, standing alone, delay your case for years on end. If the defendant driver has not complied with court orders directing him to appear for deposition or with other discovery, your attorney can file a motion to either have his answer stricken or to... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: A lady intentionally rammed my car (I have it on video). I am injured, what should I do?

I live in New York, and was driving to work today when a lady that claimed I cut her off rammed into the back of my car (I have front and rear dash cams). It was severe enough to require my car to be towed. She had 2 young children in her Range Rover when she did this. She was admitting that it... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 10, 2022

Sorry to hear what happened to you and your vehicle. Can you pursue legal action? Yes. That said, if the driver intentionally hit your car from behind, her insurance carrier is going to disclaim coverage. As a matter of public policy, insurance companies do you cover intentional torts. And... Read more »

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1 Answer | Asked in Personal Injury for New York on
Q: NYC As the plaintiff, am I allowed to request for a "meritorious" case to be dismissed or do I have to settle

I am the guardian of an incapacitated person (my father). The lawyer assigned to this case chose to not communicate at all. The incapacitated person will no longer benefit from this lawsuit as his present physical and mental condition have worsened and will only get worse as time goes on until he... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 1, 2022

As the guardian of the incapacitated person / plaintiff, you certainly have the right to discontinue the case, regardless of whether it's meritorious. Of course, this will mean that your father's attorneys will not get compensated for any of the work they put into the case (and will... Read more »

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

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 1, 2022

You can find many excellent malpractice lawyers using the Find a Lawyer tab on the JUSTIA homepage. You can also try AVVO, Martindale, Super Lawyers and Find Law, all of which have lawyer directories searchable by practice area. Lastly, your local bar association probably has a legal referral... 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 »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 1, 2022

Before a lawyer can file a medical malpractice lawsuit in New York, the attorney must have the case reviewed by one or more qualified experts and certify to the court that the lawsuit has merit. This costs $$$. If an attorney reasonably believes that your case has merit, the lawyer will obtain... Read more »

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