So sorry for your loss. Whether you have potential malpractice case will depend on whether the EMTs treatment of your wife departed from the standard of care and whether any such departure caused harm to your wife (an uphill climb if your wife had suicidal ideations). The only way to assess the... View More

There is no limit on how much you can sue someone for. That said, both the trial court and appellate court can reduce a verdict if it "deviates materially" from what would constitute fair and adequate compensation for the alleged harm. Speak with your lawyer and ask why the settlement... View More

Sorry to hear what you're going through. As my colleague correctly advised, you need to get some form of health insurance, either through Medicaid or the marketplace, https://nystateofhealth.ny.gov/

That said, you cannot dictate to any medical provider how you should be treated -... View More

Sorry to hear what you're going through. Although New York does not recognize a cause of action for "wrongful life", it does recognize one for "wrongful birth". In a wrongful birth action, the parents would claim damages for the extraordinary costs of raising a child with... View More

Sorry to hear what happened to your brother. Whether he has a case will depend on whether his attack was foreseeable and therefore preventable. A sudden, spontaneous attack that could not have been foreseen, no less prevented, does not give rise to any legal liability on the part of the State.... View More

Sorry to hear what happened to you. The Child Victims Act created a window in which to bring lawsuits against entities such as the DOE (or perhaps the boarding school) for abuse you experienced as a minor. Unfortunately, the deadline by which to bring any such lawsuit expired in November 2023.... View More

Sorry to hear what you're going through. It sounds like you need appropriate medical treatment, not a medical malpractice attorney. A malpractice lawsuit will not get you the medical treatment you claim to need for your condition. If you cannot afford insurance on the Exchange, you may be... View More

It is not uncommon for the lien amount with which you negotiate a settlement is different than the final lien amount. That said, the attorney should arguably take reasonable efforts to get an updated lien amount before engaging in settlement discussions (and finding out whether you settled the... View More

Although cases against public entities such as the MTA generally take longer than cases against private defendants, eight years is a bit long. Best to speak with your attorney and ask about the status of your case. Given the age of your case, it should arguably be on the trial calendar. Keep in... View More

A motion is a means by which to compel a response to a previously served demand for interrogatories or a notice for discovery and inspection, not a means by which to demand discovery for the first time. With regard to an amended complaint, it can only be filed on consent of all parties or by leave... View More

In order to obtain a patient's informed consent, a physician has to discuss the risks, benefits and available alternatives to a medical procedure. That a procedure might not work or cure the condition it's designed to treat would fall under the "risks" category (and is arguably... View More

In New York, you have the right to have your case tried by a jury. That said, the judge will decide whether there are issues of fact to be determined by a jury or whether the defendant in your case is entitled to judgment as a matter of law.

If your case was never put in suit, your attorney would not need permission from the court to withdraw as counsel. Although they have not provided you with a letter stating that they are no longer representing you, there is nothing stopping you from hiring a new lawyer. You can find many... View More

Sorry to hear what you went through. In any malpractice case, you need to demonstrate 1) a departure from the standard of care; and 2) harm or injury caused by the departure. Even assuming that the hospital departed from the standard of care in not ordering x-rays of your neck, you'd still... View More

Sorry to hear what happened to you. If your dentist is a member, you could file a complaint with the New York State Dental Association, https://www.nysdental.org/for-the-public/patient-complaint-form Otherwise and without minimizing what you've gone through, the loss of crowns (which can... View More

As my colleagues have correctly advised, if you have insurance, report the matter to your insurance company ASAP. It will assign counsel to defend you in the lawsuit and pay any judgment entered against you up to the limits of your liability coverage. If you have no insurance, you'll need to... View More

New York is a no-fault state which means that regardless of fault, the insurance company of the host vehicle will pay for your medical bills, lost earnings, and other reasonable and necessary expenses. If you haven't already, file an application for no-fault insurance benefits within 30 days... View More

The short answer is yes. If you already received the settlement proceeds, you can spend it however you see fit. Keep in mind that if end up having surgery, the $ to pay for the surgery may no longer be available. Also, if you are a Medicare beneficiary and the funds were being kept in a Medicare... View More

Your question is unclear. If you are looking for a medical malpractice attorney or an appellate attorney, you can find many such attorneys using the Find a Lawyer tab on the JUSTIA homepage. From your description, it sounds like the court ruled in your favor. Keep in mind that in a malpractice... View More

Your surgeon certainly has a right not to see you again, especially if he's moved elsewhere. Whether that's good and accepted medical practice is another story. If you are in pain, you can certainly seek medical attention elsewhere. You can also contact his office to see if he can... View More