If you received an arbitration award and payment has not been timely made, your next step is to file a petition to confirm the award. Keep in mind that if the award is over $5,000, the insurance company can request a de novo review of the arbitration award (which is akin to a lawsuit). Here's... View More

So sorry to hear what happened to you. In any malpractice case, you need to demonstrate 1) a departure from the standard of care; and 2) harm caused by the departure. As it applies to your case, you'd need to prove that the first surgeon misdiagnosed you and/or failed to properly treat your... View More

Sorry to hear what your going through. In any medical malpractice case, you need to demonstrate 1) a departure from the standard of care; and 2) harm caused by the departure. The only way to determine whether you have a viable case would be to obtain copies of your medical records and speak with an... View More

Sorry to hear what happened to you. To have a viable claim for medical malpractice you need to demonstrate 1) a departure from the standard of care; and 2) harm caused by such departure. From what I can tell, blind loop syndrome appears to be a recognized complication of colon resection surgery and... View More

It's likely that the Court instructed you to file a Request for Preliminary Conference - that will get discovery moving on your case. With regard to how to fill out the RJI, my colleague gave excellent advice. If all else fails, call the NYSCEF help desk or the clerk's office. Finally, it... View More

Sorry to hear what happened to you. It sounds like you might have a straightforward case against your assailant. Just keep in mind that the statute of limitations for any such lawsuit is one (1) year. Also, intentional torts are not covered by insurance which means that unless your assailant has... View More

Sorry to hear what happened to you. In New York, a farmer can be held liable for injuries caused by their animal wandering onto a roadway if they were negligent in allowing the animal to escape. If you haven't already, file an application for no-fault insurance benefits with your own insurance... View More

If the records you received related to another child / patient, then it might very well constitute a HIPAA violation. That said, HIPAA does not create a private cause of action for the aggrieved party (or for the individual who inadvertently received their medical records). Apart from perhaps... View More

So sorry to hear what happened to your mother. As my colleagues correctly advised, get copies of your mother's medical records and best to speak with an experienced personal injury / medical malpractice attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA... View More

Sorry to hear what happened to you. It sounds like you've taken the necessary steps to protect your interests by hiring an attorney. Your attorney should be able to perform an investigation into the incident and taken measures to have the machine in question preserved as to that it can be... View More

If it is a valid lien, you are ultimately responsible for paying it. That said and as my colleagues correctly advised, your attorney will be in the best position to evaluate the validity of the lien and to negotiate a reduction and/or waiver of the lien. Your lawyer might also be able to submit the... View More

I'm so sorry for your loss. Obtaining an exhumation of your son's remains is a complicated process and, at a minimum, will require the filing of a petition in the Supreme Court of the county in which he is buried, and a showing of good cause for the exhumation. To have any realistic... View More

Sorry to hear what happened to you. Although New York Civil Practice Law & Rules § 208 tolls the statute of limitations for an infant until the infant reaches the age of 18, medical malpractice actions cannot be tolled for more than ten (10) years after the cause of action accrues. If your... View More

An order of protection does not toll the statute of limitations in New York. Under CPLR § 208, a statute of limitations can only be tolled due to infancy or insanity. Regardless, pursuant to CPLR § 215(3), the SOL for defamation (libel/slander) is one (1) year from the date of publication of the... View More

Sorry to hear what you're going through. Generally speaking, a judge is not going to require a medical provider to treat you a certain way or order what you believe to be necessary tests. This is not the type of relief the judicial system can provide. If you are unhappy with the quality of... View More

So sorry to hear what happened to your mother. You can certainly report the incidents to the NYS Department of Health if you suspect (or have evidence) that she's being abused or neglected, or mistreated, https://apps.health.ny.gov/surveyd8/nursing-home-complaint-form

With regard to... View More

Sorry to hear what happened to you. In any malpractice action, you have to demonstrate 1) a departure from the standard of care; and 2) harm caused by the departure. Given the time and expense of malpractice actions, they usually only make sense if there's been a serious, permanent injury. A... View More

Sorry to hear what happened to you. In any malpractice action, you need to demonstrate 1) a departure from the standard of care; and 2) harm resulting from the departure. Moreover, where a physician has exercised professional judgment by selecting one of several acceptable courses of treatment... View More

Sorry to hear what your son has gone through. In any malpractice action, you need to demonstrate that there has been 1) a departure from the accepted standard of care; and 2) harm caused by the departure. Where a physician has exercised professional judgment by selecting one of several acceptable... View More

Sorry to hear what happened to you. in the application for no-fault insurance benefits, there's always a section which asks how you were injured. If the case against your GF went to trial and you were called as a witness, you could conceivably be questioned about your application (assuming it... View More