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meds and sent me on my way about a month later through horrible pain I find out i have a broken neck. Do i have a case for the pain and suffering for the time in between I went in to the time i had sugery
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on Jul 9, 2024
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
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on Jun 24, 2024
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
my car was t-boned about 6 months ago and last week I was served with papers "summons and complaint" the paper states CPLR 1602
The person driving the other car lied to LEO and stated the backseat passenger was driving.
The younger driver was speeding and hit my car after... View More
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on Jun 7, 2024
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
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on May 21, 2024
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
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on May 20, 2024
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
I need to appeal to a medical negligence case. The court held that the doctor was negligent because he did not provide reasonable advice to the plaintiff to ensure that the wound was properly taken care of and failed to ensure that the appropriate and reasonable advice was given to him. Also, when... View More
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on May 1, 2024
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
I had back surgery spinal stenosis in 2019. If I remember correctly I only saw him once after the surgery. He had moved to another practice. I had called several time to make an appointment at his new practice.. I was told he was not taking new patient. I told the receptionist that I was not a new... View More
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on May 1, 2024
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
We at the end where we are ready for trial. This is on suffolk county.
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on Apr 30, 2024
When your case comes up for trial is not determined by how old your case is. Rather, it depends on how long you've been on the trial calendar. Once your case is on the trial calendar, you start waiting "in line" for a trial date. The calendar control part might be a part which... View More
In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on Apr 30, 2024
Section 221.2 of the Uniform Rules sets forth the circumstances in which you can refuse to answer a question at deposition.
A deponent shall answer all questions at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to enforce a limitation set forth in an... View More
I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on Apr 19, 2024
Sorry to hear what happened to you. In New York, you can only recover for negligent infliction of emotional distress where the behavior in question is extreme and outrageous. An actuarial error relating to your payroll deduction likely does not likely qualify.
Looking to find information on a case that may or may not have been filed with TORTS?
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on Feb 12, 2024
If the case was filed in Supreme Court, you can check the New York State Courts Electronic Filing (NYSCEF) system, https://iapps.courts.state.ny.us/nyscef/HomePage You can search by index number, party name and attorney.
A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party rescind.
A settlement Agreement was made under pressure by attorneys on a Friday the trial was set to begin the following Monday: Party A was unrepresented vs a Party... View More
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on Feb 9, 2024
So, if I understand you correctly, you entered into a settlement agreement, the terms of which were changed after you signed the agreement. Under those circumstances, you might have a valid basis on which to say that there was never an agreement in the first place since you never agreed to these... View More
I was charged $206.77 on the rental car for the insurance. Since the accident was not my fault. (She rolled through a stop sign and T-boned my car. I called her and her father called me back saying they will not pay anything and was super rude. How can I get my money back from them?
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on Feb 9, 2024
As my colleague correctly advised, unless the insurance company of the rental agency (or perhaps your credit card company) is willing to go to bat for you, you'll have to bring a proceeding in small claims court against the woman whose vehicle hit you. Given the amount in controversy, it is... View More
I went to a city hospital(Bellevue)and I know for a fact they misdiagnosed me because I have 2 things that have almost the same symptoms but are grossly exacerbated because they only want to diagnose me with one. I have documentation and proof that it is the most misdiagnosed thing in that area.... View More
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on Feb 6, 2024
You can find many excellent malpractice attorneys using the Find a Lawyer tab on the JUSTIA homepage. Before you can file a lawsuit against Bellevue Hospital, however, you must first file a Notice of Claim with New York City Health and Hospitals Corporation (NYCHHC) within 90 days of the alleged... View More
Is a healthcare proxy sufficient or do I need more?
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on Feb 6, 2024
As my colleague correctly advised, a health care proxy will allow you to make medical decisions on behalf of your parents. If you wish to make other decisions on their behalf, they would need to sign a Power of Attorney form designating you as their agent (assuming they have capacity to understand... View More
After decree entry I'm confused they won't send the release papers without final lien letter which is undermining the judges final entered decree yes letters were sent and final decree entered, but how can we pay medicaid if they won't sign release
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on Jan 29, 2024
Your Medicaid lien cannot be paid until such time as you have signed the settlement papers / release. If you haven't already, you'll need to request a final lien amount from Medicaid which may take several weeks. The final amount of the Medicaid lien may be incorporated into the release... View More
However paralegal stated that didn't apply to us for whatever reason, this was a wrongful death surrogates case ,and now I'm told the defense is refusing to send the release papers without a final lien letter from medicaid ,however that was all established when they didn't show for... View More
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on Jan 26, 2024
The Court order governs the time in which the defendant has to make payment on the settlement. If payment is not contingent on receipt of Medicaid lien, it's not contingent. Although most insurance carriers will not issue a check until they are satisfied that there are no outstanding... View More
I am seeing blurry and I am at the emergency department now and I was dizzy at the time of incident blood was drawn and incident report was made
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on Jan 18, 2024
Sorry to hear what happened to you. Whether you might have a case against the Port Authority of New York & New Jersey (which operates JFK) will depend on whether the Port Authority either knew about the condition, or in the exercise of reasonable care should have discovered the condition, and... View More
My daughter has a concussion,went to the hospital,and needs physical therapy.
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on Jan 11, 2024
So sorry to hear what happened to your daughter. If you haven't already, report the matter to the school's principal / assistant principal. You might even consider reporting the matter to the police depending on the severity of your daughter's injuries. Whether the school is... View More
A Settlement was offered based on condition:
Condition 1: I will be Paid $1,200.00 immediately if I leave the town and never return.
Condition 2: I will be paid $1,000.00 per month for 12 months if and only if I agree to live in the streets.
Was this legal?
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on Dec 22, 2023
So sorry to hear what happened to you. There's nothing illegal about making you a low settlement offer; insurance companies do it all the time, especially when someone is representing themself. The only way an insurance company will take your case seriously is if you hire an experienced... View More
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