Sorry to hear what happened to you. Without minimizing what you went through, temporary vomiting and diarrhea, without more, will not justify the time and expense of a malpractice lawsuit. You should certainly report the matter to the pharmacy and perhaps try to get reimbursed for any medical and... View More

Under the continuous treatment doctrine, the statute of limitations is tolled during the time in which the healthcare provider is treating you for the condition giving rise to the malpractice action. The treatment has to be continuous and ongoing, e.g. regularly scheduled follow-up appointments. If... View More

Under the continuous treatment doctrine, the statute of limitations is tolled during the time in which the healthcare provider is treating you for the condition giving rise to the malpractice action. The treatment has to be continuous and ongoing, e.g. regularly scheduled follow-up appointments. If... View More

Sorry to hear what happened to you. Putting aside the question of whether you could causally connect your illness with the school's food (pneumonia is a lung infection that is generally spread through the air), absent a permanent injury, the time and expense of a lawsuit would arguably not be... View More

So sorry for your loss. Generally speaking, only the duly-appointed representative of your mother's estate can file a wrongful death lawsuit on her behalf, i.e. the executor (if she had a will) or administrator (if she didn't). Depending on how the settlement proceeds are allocated... View More

So sorry to hear what happened to your son. You should certainly report the teacher's conduct to the school's principal and perhaps even the school district's administrator, in writing. With regard to potential legal action, if this occurred in a public school, you have to file a... View More

Sorry to hear what you've gone through. If the original misdiagnosis occurred in 2020, it is likely that the statute of limitations has expired as it is only 2.5 years from the date of malpractice. Even assuming you had received a correct diagnosis, you would still have to demonstrate that you... View More

It's not so much illegal as it is unethical. As my colleague correctly advised (and as is likely set forth in your retainer agreement), the attorney's fee is calculated based upon the actual recovery obtained by the client, not the judgment which is later reduced by an appellate court... View More

Sorry to hear what happened to your son. There is no safe lead level in the blood which can cause developmental delays in children. Depending on your son's lead levels and whether it can be causally connected with your apartment, he could have a viable claim against the landlord for lead... View More

Under the doctrine of continuous treatment, the statute of limitations is tolled until the last date of treatment where there has been continuous treatment for the condition giving rise to the malpractice action. There has to be some objective continuity between the patient's complaints and... View More

If the accounts are in your name (or for your benefit), you shouldn't need any legal representation whatsoever. Proof of identification should be sufficient, i.e. driver's license, along with a copy of the court order pursuant to which the account was opened. That said, it's likely... View More

Sorry to hear what happened to you. As my colleague correctly advised, obtain copies of your medical records, take photographs of your scar, and speak with an experienced medical malpractice attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Without... View More

Under CPLR § 3012(a), service of an answer is to be made within twenty (20) days of service of the pleading to which it responds, in your case the Amended Complaint. https://law.justia.com/codes/new-york/cvp/article-30/3012/

So sorry to hear what happened to you. As it relates to pursuing a civil lawsuit against the individual who assaulted you, the statute of limitations in New York is one (1) year from the date of the incident. If you can demonstrate that the school had notice of the assailant's vicious... View More

So sorry to hear what happened to you. The statute of limitations for medical malpractice cases in New York is 2.5 years from the date of malpractice. Where there is continuous treatment for the condition giving rise to the lawsuit, the statute of limitations begins to run from the last date of... View More

Sorry for your loss. Generally speaking, assisted living facilities have a legal duty to monitor the elderly residents under their care and could be responsible if their negligence, i.e. a departure from the standard of care, causes harm. Keep in mind that the statute of limitations for wrongful... View More

Generally speaking, your receipt of workers' compensation benefits (and no-fault benefits) is contingent upon your appearance for a physical examination with the insurance company's doctor (oftentimes more than once). How the physician conducts the actual examination is up to the... View More

Sorry to hear what happened to you. Although you can certainly seek compensation from the bus operator for your injury, there needs to be some fault on the part of the tour bus. The television screen is arguably an open and obvious condition about which the bus company does not need to warn... View More

I'm so sorry for your loss. To prevail in a veterinary malpractice case, you'd have to demonstrate that the clinic departed from the accepted standard of care and that such a departure caused the death of your dog. Unfortunately, in the eyes of New York law, pets are "chattel"... View More

Sorry to hear what happened to you. That someone fell on your foot does not necessarily mean that they are responsible for your injury and resulting medical bills. Instead, you need to demonstrate that someone owed you a duty of care and that their breach of that duty, i.e. negligence, caused the... View More