Sorry to hear what you're going through. Generally speaking, you cannot present to an emergency room (or for that matter any medical facility) and force them to treat your own self-diagnosis. Based upon your clinical presentation and medical history, a physician will reach his or her own... Read more »

The perpetrator arguably committed a crime by using your identity to defraud a patient. HIPAA prohibits the disclosure of individually identifiable medical information. One exception to the prohibition, however, is for law enforcement purposes, specifically when necessary to inform law... Read more »

As my colleagues have correctly advised, whether to charge someone with a crime for vehicular manslaughter is ultimately left to the sound discretion of the District Attorney's office. Generally speaking, unless there are aggravating circumstances that contributed to the incident, such as... Read more »

If you actually prevailed in your lawsuit and obtained a judgment against the defendant trucking company, a copy of the judgment should be on file with the clerk's office of the county in which your lawsuit was brought. Given how old the case is, it is likely in archives and would need to be... Read more »

Leaving a medical instrument within a patient's body can certainly constitute malpractice IF the instrument was supposed to have been removed following the operation. Surgical clips, however, are routinely used to control bleeding and are purposefully left in place for that reason (and because... Read more »

Psychiatric cases are handled like any other malpractice lawsuit. The plaintiff must demonstrate a departure from the accepted standard of psychiatric care; and that the departure from care was a substantial factor in causing an injury. An error in judgment is a valid defense to any malpractice... Read more »

Your question is unclear. Oftentimes, personal injury attorneys will arrange to have their clients evaluated by a physician for an "independent" evaluation, separate and apart from an evaluation for purposes of treatment. Likewise, in a personal injury lawsuit, the defendant is entitled... Read more »

If you wish to press criminal charges against the individual (having intercourse while you are knowingly infected is a misdemeanor), you would have to report the matter to the police and see if they are willing to pursue. With regard to pursuing a civil lawsuit against the individual, if the... Read more »

Sorry to hear what happened to your property. Before you can formally sue a municipality such as the City of New York for negligence, you must first file a Notice of Claim within 90 days of the occurrence. Once you've filed a Notice of Claim (a prerequisite to any lawsuit), you have 1 year... Read more »

So sorry for your loss. Under New York's Estates Powers & Trust Law § 4-1.1, if your sister passed away without any children, the entirety of the recovery would go to your mother. Of course, you can certainly petition the court to divide the settlement proceeds equally among yourself,... Read more »

Sorry to hear what you went through. The "value" of any case is determined by a number of factors, including liability (who's at fault), damages (the nature and extent of your injuries) and oftentimes insurance coverage (both from the defendant's insurance and potentially your... Read more »

If you had a medical malpractice lawsuit as a minor, the Court would have had to approve any settlement and would have issued an Infant Compromise Order. The Infant Compromise Order would have directed the settlement proceeds to be deposited in a bank account held jointly by an officer of the bank... Read more »

Sorry to hear what happened to your mother. Whether your mom might have a viable case will depend on whether the dog's actions were foreseeable such that they could have been prevented. In New York, dog owners are strictly liable for harm caused by their dogs if they knew or should have... Read more »

Sorry to hear what happened to your daughter. If you're worried that the needle was contaminated, take your daughter to a doctor and have her evaluated. With regard to Zara, you can try emailing their corporate headquarters and try to resolve the matter via email. Absent a more significant... Read more »

Sorry to hear what happened to you. If you fall took place while you were on the job, you should definitely start by speaking a workers' compensation attorney. Workers' compensation will pay for your time out of work and medical expenses. As to whether you might have a viable... Read more »

Yes, you can still represent yourself if the defendant is represented by counsel. That said, as you are already aware, "A man who is his own lawyer has a fool for a client." Although you were able to adequately represent yourself when the defendant was not represented by counsel, you... Read more »

Can you petition Surrogate's Court to terminate your guardianship? Yes. Under New York's Mental Hygiene Law § 81.35, the incapacitated person can commence a proceeding to remove his or her guardian. Will you be successful on your own? Unlikely. You'd be better off retaining... Read more »

The settlement proceeds from your settlement would likely have been deposited in a bank account held jointly by one of your parents and an officer of the bank. Once you reached the age of majority (18), the funds would have belonged to you and to you alone. If your lawyer is still around after... Read more »

That the other driver was walking around immediately following the incident, although relevant, is not dispositive as to whether he sustained a permanent injury from the collision. Many injuries, especially neck and back injuries, do not manifest themselves for several days following the initial... Read more »

If the insurance company which was going to pay your settlement filed for bankruptcy or went under, you will have needed to file a claim with the NY Liquidation Bureau which acts as a receiver for insolvent insurance companies, https://www.nylb.org/home.htm Although the NY Liquidation Bureau will... Read more »