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Questions Answered by Jonathan R. Ratchik
1 Answer | Asked in Health Care Law and Medical Malpractice for New York on
Q: I need to appeal to a decided case. The doctor is negligent bcs he didnt provide reasonable advice to ptf’s wound.

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
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

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for New York on
Q: Can your doctor refuse to see you?

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
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

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1 Answer | Asked in Personal Injury for New York on
Q: My lawsuit has been going on for about 5 years. I have a judge already assigned so why am I on the calendar control part

We at the end where we are ready for trial. This is on suffolk county.

Jonathan R. Ratchik
Jonathan R. Ratchik
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

4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

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
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...
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3 Answers | Asked in Personal Injury, Civil Litigation, Bankruptcy and Employment Law for New York on
Q: I am wondering if I can sue my employer for negligent infliction of emotional distress. I'm near Ontario County NY

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
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.

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3 Answers | Asked in Personal Injury and Military Law for New York on
Q: Where can you find a litigants case? if in fact it was filed? So there are no double filings?

Looking to find information on a case that may or may not have been filed with TORTS?

Jonathan R. Ratchik
Jonathan R. Ratchik
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.

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1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Legal Malpractice for New York on
Q: A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party

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
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

3 Answers | Asked in Car Accidents for New York on
Q: A woman hit me in my car back in November. Her insurance company covered the repairs but not the whole rental car bill.

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
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

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I'm looking for a medical malpractice attorney and some guidance.

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
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

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4 Answers | Asked in Estate Planning, Family Law, Health Care Law and Elder Law for New York on
Q: I’m looking for a legal method that would give me the proper authority to manage my parent's care? Is a healthcare proxy

Is a healthcare proxy sufficient or do I need more?

Jonathan R. Ratchik
Jonathan R. Ratchik
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

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1 Answer | Asked in Wrongful Death for New York on
Q: How can a medicaid lien be paid prior to me signing a release as the defense has yet to issue the release papers

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
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

2 Answers | Asked in Wrongful Death for New York on
Q: My case settled and Decree was entered 20 days ago , which stated settlement to be paid within 10 days from date

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
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

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2 Answers | Asked in Personal Injury for New York on
Q: I was at JFK airport and the line safety to keep people in line was not secured right and smacked me in the face

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
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

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3 Answers | Asked in Criminal Law, Personal Injury and Education Law for New York on
Q: My 12 year old daughter was assaulted by another student at school. She has injuries. What type of lawyer should I call?

My daughter has a concussion,went to the hospital,and needs physical therapy.

Jonathan R. Ratchik
Jonathan R. Ratchik
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

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I was hot by car cracking my skull open, fractured legs and multiple other injuries

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
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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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: HelloAsking attorneys in the medical malpractice field.

A csf leak and h.o.d. have the same symptoms. I have h.o.d. but it's pretty much on over drive all the time. The hospitals refuse to give me the proper tests for a csf leak, they blame all the symptoms on the h.o.d. Would it change their minds if I asked for their refusal to be on paper?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 22, 2023

Generally speaking, a patient does not get to dictate the course of treatment provided by a hospital or medical provider. If you are dissatisfied with the treatment you are receiving from the hospital, best to seek a second opinion from a different doctor who might order different tests. Chances... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My father died last year from what I believe were multiple medical mistakes .Are hospitals hard to sue

My father died May 2 2022.l

believe is was direct negligence

caused by the hospital that cared for

him. Multiple medical mistakes

double medicating, defibrillater at

wrong settings, incorrect medication

given causing multiple firings of... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 22, 2023

I'm so sorry for your loss. As my colleague correctly advised, hospitals are not hard to sue (at least no more difficult than suing a doctor). In any malpractice case, however, you have to demonstrate a departure from the standard of care and harm resulting from the departure. The only way... View More

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3 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: if I signed an agreement with mva attorney for them to receive a certain percentage yet they take more than agreement ?

I agreed to a 31% fee for mva accident attorney but I was charged 33% is that legal ? Also he had me pay tax if fair to get police report which I also had to pay for and then still charged me out of settlement for police report, charged me for postage and copies of forms that i received thru email... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 22, 2023

Most contingency fee retainer agreements provide for an attorney fee to equal 1/3 of the settlement amount AND reimbursement for any costs incurred by the attorney in prosecuting the case, e.g. court fees, medical record fees, expert witness fees, etc. Your attorney should have provided you with a... View More

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2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for New York on
Q: Who do I contact if I feel like healthcare care providers are disregarding my medical complaint?

I believe I contracted some type of worm/parasite during a vacation and received a MRI of the abdomen and pelvis in which one radiology tech questioned I might be pregnant because of movement seen during exam and another mentioned movement was seen confirming my suspicions but not reported to CDC.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 22, 2023

As my colleague correctly advised, if you are dissatisfied with the level of care you received, you can reach out to the hospital's patient advocate and lodge a formal complaint. That said, your focus should be on getting appropriate medical care. If you are still experiencing symptoms... View More

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2 Answers | Asked in Personal Injury for New York on
Q: Is Marriot hotel responsible for my toddler injury while we stayed there?

My toddler ran into the coffee table in our room at the Marriot hotel and the sharp edges cut her eyebrow deep so we had to take her to ER and she received a few stitches. We spend about 5 to 6 hours in the ER and are now getting big bills. Is Marriot responsible for the injury to their guest or is... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 13, 2023

Sorry to hear what happened to your daughter54cx. Based upon your description, you haven't identified any negligence on the part of Marriott which caused or contributed to your child's injury. Hotels that do not cater to children are arguably under no duty to baby-proof their rooms or... View More

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